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External sources (not reviewed)

Some expressed regret that the questionnaire was somewhat general in nature and did not facilitate a detailed discussion of concrete action needs or the formulation of more detailed recommendations.

The Delegation also and noted that Brazil had expressed a reservation in the Committee in general terms but had not made specific proposals at that time.

Consequently, it was pointed out that the Special Rapporteur had failed to address the possibility that the procedural issue at hand was not one of invocation of immunity or waiver thereof but rather the absence of immunity in respect of situations in which grave international crimes were committed, although it was also countered by other members that the assertion that there was no immunity for such “core crimes” was abstract and general, and the Commission will have to deal with these matters in greater detail at a later stage.

After discussion, the Working Group agreed that the questions for further consideration on that matter would include (A/CN.9/717, para. 143): (i) whether a provision on protection of the integrity of the arbitral process should be in the form of a general formulation or should contain specific instances that were meant to be specifically addressed; (ii) the interplay between the protection of the integrity of the arbitral process and the provisions in the UNCITRAL Arbitration Rules already dealing with that issue; and (iii) how to determine the threshold for a limitation to transparency based on the ground of the need to protect integrity of the arbitral process.

The commentary will explain that secured transactions law may foresee liability of registry staff for loss or damage suffered by a registry user as a result of negligence, gross negligence or wilful conduct on the part of the registry staff in general or in the case of specified situations (for example, information submitted in a paper notice was entered erroneously into the registry record by the registry staff) or that the registry staff are exonerated from any liability, or, alternatively, the matter may be left to general law.

[...] [...] they are too general in nature.

Noting this point, as well as the fact that ethical principles in relation to climate change, while explicit or implicit in many existing legal instruments, have not been consolidated or articulated in a single comprehensive statement, the World Commission on the Ethics of Scientific Knowledge and Technology (COMEST) at its 6th Ordinary Session in 2009 recommended that UNESCO develop an ethical framework of principles in relation to climate change, in order to enable UNESCO Member States, and the international community generally, to address adequately the multidimensional challenge of global climate change.

The Working Group therefore does not see the present case as an isolated one and urges the Government of Myanmar to seriously investigate the practice and reconsider its vague, overly general and broad charges for arrest and detention.

The OECD commentary on article 15 had been updated in the 2010 OECD Model Convention to go beyond the hiring-out of labour to clarify more generally the application of the paragraph in the case of services that were provided through intermediaries.

And despite some sweeping allegations by the Monitoring Group, no incontrovertible evidence has been presented of [...] [...]

With regard to draft article 5 (Duty to cooperate), her delegation had no difficulty with a general reference to a duty to cooperate “as appropriate”, provided that the implications did not go beyond the understanding of the concept as established in customary international law.

The Government of the Kingdom of Spain also believes that the reservations made by Qatar, which are based on inconsistency with Islamic law and incompatibility with existing domestic legislation, to which a general reference is made without specifying their contents, in no way excludes the legal effects of the obligations arising from the relevant provisions of the Convention.

Any limitation which does not follow these requirements and jeopardizes the essence of the right with vague, broad and/or sweeping formulas, would contravene the principles of legality and international human rights law.

With few exceptions, subprogramme-level coordination mandates are similarly broad, frequently referring to coordination in relatively general language, such as “promoting coordination and/or coherence”, without any specific explanation of how this will be achieved.

INTERPOL (with its INTERPOL Firearms Tracing System) has been able to provide very specific information relating to a trace, while the WCO provides information that is more general.

[...] approaches and generalizations, since the relationship [...] [...]

Moreover, in a letter made public, the Governor articulated that the most general and generous reading of the draft constitution showed it to be inconsistent with basic tenets of equal protection and fairness.

149. It was requested that, in future, a more detailed breakdown of the budget and any gradual reduction plan be provided by the Secretariat in its documents, as opposed to providing more aggregated figures in some cases.

It criticized the wholesale adoption by the European Union of the 1267 Committee summary of reasons for listing that it found contained “general, unsubstantiated, vague and unparticularized allegations”, preventing Qadi from “launch[ing] an effective challenge to the allegations against him”.

Although the right of self-defence might be applicable in the context of United Nations peacekeeping operations, for example, the very general reference to international law at the end of the draft article should be clarified to avoid any possible violation of the Charter of the United Nations.

Others found no contradiction, as paragraph 6 referred to domestic law in general, whereas paragraph 8.8 addressed a specific situation in which domestic laws of the State of source and the State of residence differed.

Unlike other very specific topics that we have discussed in the past and that give rise to more or less definite reactions, on this occasion the United Kingdom has proposed to us a more general topic that runs the risk of diluting any message that we would wish to convey.

the Government of the Islamic Republic of Iran to consider ratifying or acceding to the international human rights treaties to which it is not already a party, to effectively implement those human rights treaties to which it is already a party, to withdraw any reservations it may have made upon signature or ratification of other international human rights instruments where such reservations are overly general, imprecise or could be considered incompatible with the object and purpose of the treaty, and to consider acting upon the concluding observations concerning the Islamic Republic of Iran adopted by the bodies of the international human rights treaties to which it is a party

The Delegation of Thailand, supported by India, referring to its written comment in LIM 13, stated that some recommendations in the proposed draft code were too broadly formulated for users to follow and more practical stepwise guidance was needed.