3. Derogation from Article 17 of the ICCPR following the suspension of Article 22 of the Constitution (right to privacy).

4. Derogation from Article 2.3 of the ICCPR following the suspension of Article 23 of the Constitution (right to constitutional remedy except the writ of habeas corpus).

Non derogation

1. Derogation from Article 19 of the ICCPR following the suspension of sub clause (a) of Clause 2 of Article 12, Clause (1) of Article 13 and Article 16 of the Constitution (freedom of opinion and expression, right to press and publication and right to information respectively).

Similarly, the Covenant listed rights from which there could be no derogation in the event of emergency, while the Constitution took the opposite approach, stipulating those from which derogation was permitted.

XII. Non derogation

There was support for the contrary view that under no circumstances should derogation be allowed from certain provisions of the draft instrument, particularly those relating to seaworthiness under draft article 13.

Mr. KASEMSUVAN (Thailand), referring to the issue of states of emergency, said that Thailand fully intended to comply with article 4 of the Covenant concerning information on any derogation from basic Covenant rights.

While a view was expressed that no derogation from the provisions of the draft instrument should be allowed under any conditions, there was support for derogation to be allowed in some circumstances.

4. The right of derogation under this article applies to the terms that regulate shipments under the volume contract to the extent these terms are subject to this Instrument under Article 3 (3)(a).

The view was also expressed that exclusive jurisdiction clauses should be limited to cases of derogation by certain volume contracts from the provisions of the draft instrument pursuant to proposed new article 88a (see above, para.

The seaworthiness obligation should be a mandatory provision of the draft instrument from which derogation was not allowed

2. Derogation from Articles 12.1 and 12.2 of the ICCPR following the suspension of sub clause (d) of Clause 2 of Article 12 of the Constitution (freedom to move and reside in any part of the Kingdom of Nepal).

For example, any purported derogation from the peremptory norm contained in Article 2, paragraph 4, of the Charter, which prohibited the use of force, would be invalid, even if that agreement had not been obtained through an imposed or unequal treaty.

Further, it was suggested that the other requirements for derogation from the draft instrument set out under proposed new article 88a should also be fulfilled in order to allow for the valid operation of exclusive jurisdiction clauses (see above, para.

The principle of party autonomy is formulated in a way that would allow derogation from any provision of the Convention.

Mr. Nordlander (Sweden) said he was content with the wording of draft article 3 as it stood but would appreciate further enlightenment regarding the issue of explicit and implicit derogation.

It has noted that safeguards related to derogation in article 4 are based on the principles of legality and the rule of law inherent in the Covenant as a whole (para. 16).

The derogation scheme suggested could form the basis for further discussion, but that the informal drafting group should be requested to take into account the views outlined in the paragraphs above in its consideration of the necessary conditions required for derogation from the draft instrument.

Proposed new article 88a was drafted to reflect the discussion in the Working Group regarding the possibility to derogate from the provisions of the draft instrument in certain cases regarding volume contracts, including the necessary conditions for such derogation, as well as some additional requirements.

Concern was expressed that establishing provisions of the draft instrument from which derogation was not possible would be tantamount to recreating this concept.

2. A derogation under paragraph 1 shall be set forth in the contract and may not be incorporated by reference from another document.

These instruments provide for derogation of that right during genuine emergency situations.

The Human Rights Committee sees no reason for derogation from them in other emergency situations falling short of war (general comment No. 29, para.

Issue 3 Should there be mandatory provisions of the draft instrument from which derogation should never be allowed, and if so, what were they?

In response, it was indicated that only selected provisions of other international agreements would be applicable to the contract of carriage under the draft instrument, and that the proposed text of draft article 88a (5) would allow derogation from these selected provisions in a volume contract.

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

As the Working Group had opposed any derogation from general contract law, he proposed that the definition of the term place of business be deleted.

However, the obligation of States to protect their populations did not justify the derogation from or suspension of the human rights of those under their jurisdiction.

She noted that certain rights were never subject to derogation (A 59 404, para.

It was indicated that the brackets around the proposed bracketed text in draft article 88a (5)(a) should be removed to clarify that a derogation would not be possible for the articles enumerated in draft article 88a (5)(a) with respect to both the regime and the level of liability.

The relationship between HRsL and LOAC IHL has often arisen in the context of derogation.

States shall not invoke derogation clauses to justify taking hostages or to impose collective punishments.

Mr. Yamamoto (Japan) and Mr. Sandoval (Chile) expressed support for the principle of implicit derogation.

It was observed that proposed draft article 88a (1) had been very delicately drafted, with a view to balancing the need to ensure agreement regarding the derogation in issue with a need to maintain a measure of commercial pragmatism.

The Committee on the Elimination of Racial Discrimination (CERD) has declared the prohibition of racial discrimination a peremptory norm of international law from which no derogation is permitted.

The burden is on the carrier to prove that the conditions for derogation have been fulfilled.

It was further observed that draft article 88a (4) reflected the decision that only those terms of a volume contract regulating shipments falling under the scope of application of the draft instrument would be subject to derogation (see above, para.

While he would be amenable to the insertion of the words implicitly or explicitly in the draft article itself, he proposed instead that a statement be included in the commentary to the effect that the intention was to permit implicit derogation.

Furthermore, derogation from a right enshrined in a basic law may only be made if it is pursuant to the values of the State and for a worthy purpose .

He also questioned the screening of conscientious objectors' applications by a committee composed of military personnel and the derogation from the rights of conscientious objectors in time of war.

Acknowledges that no derogation from the prohibition of racial discrimination, genocide, the crime of apartheid or slavery is permitted, as defined in the obligations under the relevant human rights instrument

Acknowledges that no derogation from the prohibition of racial discrimination, genocide, the crime of apartheid or slavery is permitted, as defined in the obligations under the relevant human rights instruments

Acknowledges that no derogation from the prohibition of racial discrimination, genocide, the crime of apartheid or slavery is permitted, as defined in the obligations under the relevant human rights instruments

Acknowledges that no derogation from the prohibition of racial discrimination, genocide, the crime of apartheid or slavery is permitted, as defined in the obligations under the relevant human rights instruments