The emergency provisions under article 15 cannot, however, be used retrospectively to justify any action before the declaration was made.
Based on legal advice from the Lord Advocate, Frank Mulholland, Scotland's chief law officer, Sturgeon said the Lisbon treaty had provisions under Article 48 where all 27 member states could agree to allow Scotland to make a smooth transition to membership in the 18 months after independence.
Correa identifies the Declaration as a "strong political statement" and "a 'subsequent agreement' between the parties regarding the interpretation of a treaty or the application of its provisions, under Article 31.3(a) of the Vienna Convention on the Law of the Treaties"[ 12].
Instead it suggests the Treaty could be amended using the revising provision in Article 48.
This right cannot be suspended, except under the provisions of Article 359 when a state of emergency is declared.
Such use of a patent is permitted under the provisions of Article 31 of the TRIPS Agreement, which allows for the "public non-commercial use" of a patent by a government without the authorization of the patent holder. 2 The 1997 Constitution, known as the "People's Constitution", is a landmark in democratic constitutional reform.
The Commission found that the failure by the Commonwealth was a violation of the right not to be detained arbitrarily under Article 9 of the ICCPR, a provision in the spirit of Magna Carta.
The boys in Diyarbakir are being prosecuted under Article 299 of the Turkish penal code, a provision that watchdogs have long criticized as a crude provision that is designed to stifle and discourage political dissent.
Her client, Imam Abduvahid Yuldashev, is serving a 19-year sentence under Article 159, which is something of a catchall provision in Uzbekistan's harsh criminal justice system.
As an example, consider the rights under Article 26 of CRPD with respect to the provision of habilitation and rehabilitation services.
To complicate things further, some 20% of largely uninhabited historic Kashmir is under Chinese control.Under "temporary provisions" enshrined in Article 370 of India's constitution, the state of Jammu & Kashmir was promised considerable autonomy.
