Consequently, parties should be allowed to derogate from most provisions.

He also noted that the declaration should not derogate from the Geneva Conventions.

He supported the right to derogate from all the draft articles under chapter III.

The African Charter does not allow States parties to derogate from the rights of individuals.

2. States Parties may in their definitions derogate from the majority age otherwise contained in their legislation.

Issue 2 Under what conditions should it be possible to derogate from the provisions of the draft instrument?

That should not derogate from the right of any State to engage in nuclear research for peaceful purposes.

The African Charter does not allow States parties to derogate from their treaty obligations, even during armed conflict.

The instrument shall not derogate from the rights and obligations of Parties under existing international agreements and, in particular, shall not derogate from the provisions of the Agreement Establishing the World Trade Organization (WTO) or affect the rights and obligations of Members of the WTO.

In his view, all international conventions must contain a minimum number of provisions from which parties could not derogate.

The parties may exclude the application of this Convention or derogate from or vary the effect of any of its provisions.

It was implicit in treaty practice that the provisions of a private law convention did not derogate from mandatory public law.

As previously noted, when an armed conflict constitutes a genuine emergency, a State may restrict and even derogate from certain human rights.

The parties concerned may derogate from it, either by reaching agreement on a longer time period or by drawing up a lease.

Some States had taken the view that parties ought not to be able to derogate from the minimum legal requirements set forth in draft articles 8 and 9, while others had concluded that in any case nothing in the draft convention would allow the parties to derogate from mandatory provisions of national law.

Derogation should be explicit so that the intention to derogate was clearly demonstrated.

The Government stated expressly that it did not derogate from the right to freedom of expression even though the emergency rule reserves this right to the Government.

In his reply to delegations apos comments, the Chief of CMSCU emphasized that decentralization would not derogate Headquarters from its responsibilities, which included monitoring and overall control.

The Court's opinions clearly indicate that in situations of armed conflict the lex specialis character of international humanitarian law does not, as such, derogate from human rights law.

The crucial question in these situations is likely to relate to the power of the States parties to derogate from their Covenant obligations in times of public emergency.

It was suggested that the following four conditions should be met before it would be possible for a volume contract, or individual shipments thereunder, to derogate from the draft instrument

The Government specified that during the state of emergency, the provisions from which it would reserve the right to derogate were articles 9, 12, 17 and 21 of the Covenant.

In these notifications, the Government of Peru specified that the provisions of the Covenant from which it would reserve the right to derogate were articles 9, 12, 17 and 21.

In particular, it was not clear whether any such document would supersede or otherwise derogate from the terms of that annex, which was the product of careful and detailed negotiations.

He also supported the right to derogate from draft article 6, since he anticipated that parties might wish to reach a separate agreement in respect of the location of the parties.

A reservation is incompatible with the object and purpose of a treaty if it intends to derogate from provisions the implementation of which is essential to fulfilling its object and purpose.

The ability of States to derogate from rights under these instruments is governed by several conditions which are in turn regulated by the generally recognized principles of proportionality, necessity and non discrimination.

If parties chose to derogate from the draft convention's provisions on form requirements, they should be free to do so, since the underlying legal requirements would be set forth in domestic law.

Ms. Schmidt (Germany) proposed that the commentary should also make it clear, as suggested by the representative of the United States, that parties could not derogate from the mandatory provisions of domestic law.

(b) Between the carrier and any other party that has expressly consented in writing or electronically to be bound by the terms of the volume contract that derogate from the provisions of this Instrument.

Mr. Bellenger (France), supporting the proposal by the German delegation, said that the credibility of the draft convention would be undermined if there were not at least some provisions from which parties could not derogate.

Likewise, the draft Convention embodied as an absolute principle the autonomy of the parties, which would be empowered to apply the Convention to their contracts or not, or to derogate from any of its provisions.

It is of concern to the Special Rapporteurs that the very provision within the Constitution that is intended to guarantee this fundamental right actually gives the security forces sweeping powers to derogate from the right.

However, if the Commission wished to place further limitations on party autonomy, he proposed that parties be accorded the right to derogate from any of the articles in chapter III, including draft articles 8 and 9.

It is necessary, if their effect is not to be nullified, to remove these minimal obligations, as well as those relating to place of business, from the ambit of the provisions from which the parties may derogate by exercising their contractual freedom (draft article 3).

A suggestion was made to use a mechanism similar to the one provided for in article 4 of the International Covenant on Civil and Political Rights, permitting States to derogate from certain obligations in times of emergency.

Mr. Minihan (Australia) expressed support for the text as drafted, which he interpreted to imply that parties could not derogate from the final provisions under chapter IV, since they were addressed to States rather than to parties.

Where water is critical to alleviate an emergency situation, aquifer States may derogate from the provisions of the articles in parts II to IV of the present Convention to the extent necessary to alleviate the emergency situation.

It was also suggested that those volume contracts that were subject to the draft instrument could derogate from certain of its provisions, provided that certain additional conditions aimed at protecting the parties to the volume contract were met.

Ethiopia has indeed declared war on Eritrea and I am sure that the Ethiopian Government will argue that it can derogate from the human rights provisions in the Constitution and penal code in the name of national security.

However, if the scope of party autonomy was to be restricted, the final provisions under chapter IV should be made non derogable, since it would be anomalous to allow parties to derogate from matters that were effectively public policy.

It was generally agreed that the suggested wording was, for the most part, acceptable in substance as the basis for future discussions, as setting a minimum standard from which the parties should not be allowed to derogate by private agreement.

The exercise (or not) of a competence to derogate would not prevent another party to the treaty asserting that a suspension or termination was justified ab extra.

7. Concerning the unity or diversity of the reservations regime, his delegation believed that the Commission should not hesitate to derogate from the unity rule if certain types of multilateral treaties genuinely required special treatment, for which, moreover, the Vienna Convention made provision.

As a result of the 1994 reform, the Covenant now enjoys constitutional status, does not derogate from any of the articles in part I of the Constitution and should be regarded as complementary to the rights and guarantees which the Constitution recognizes.