Conflicts of National Laws with International Business Activity: Issues of Extraterritoriality, British - North American Committee 30, by A.H. Hermann.
Not exact matches
But while the European Commission says the reforms will make it easier for businesses, a
conflict between the regulation and another EU directive on e-privacy could mean
national telecommunications
laws would override some elements
of the regulation, meaning in some cases companies would still face complying with 27 different
national laws.
That led TM to seek a ruling from the NEB confirming that the Board had the jurisdiction to authorize TM's activities, and, to the extent that Burnaby's by -
laws were making it impossible for TM to carry out the necessary tests, a ruling that the by -
laws were constitutionally inapplicable, or if not inapplicable, were in
conflict with the provisions
of the
National Energy Board Act and therefore inoperative on the basis
of the paramountcy doctrine.
Because the EU regulations are not fully harmonised in all aspects Member States may adopt rules at
national level in areas that are not harmonised at EU level — provided that these
national rules are proportionate, justified and do not
conflict with rules
of EU
law (in particular the rules
of the Treaty).
11.1 These By -
laws shall not
conflict with the By -
laws of the
National Athletic Trainers» Association (NATA).
«We should never be ashamed
of saying we will promote our own
national interest, for the British
national interest is no narrow agenda,» Mr Hague said, saying it could be used to promote free trade and sound development, push for Middle East peace, prevent
conflict in Africa and help ensure international
law is upheld.
By comparing individuals» subjective interpretations and feelings (through interviews) with large scale data (in reports) and
laws (outlined by human rights and Thai
national laws), the research utilizes the triangulation approach to come up with a study that attempts to respect both the micro (individual) and macro (context) and therefore paint the human faces
of displaced persons affected by factors beyond their control (
conflict in Myanmar and Thai politics and
law).
This article aims to demonstrate that current international relations governed by the
law of the strongest necessarily have to be governed in the future for a world government that is able to preserve world peace, defend the general interests
of the planet making them compatible with the interests
of every nation, mediate international
conflicts and build consensus among all
national states.
In some contexts,
national laws and policies, and even the preferences
of refugee community members, may
conflict with the global strategy.»
As part
of a two - day
national summit here on revitalizing native languages, three founders
of immersion schools that are teaching children Cherokee, Ojibwe, and Native Hawaiian contended that some No Child Left Behind provisions present huge hurdles for language - immersion programs or schools and
conflict with schooling rights spelled out in another federal
law, the Native American Languages...
Bill would damage credit scores
of million
of consumers Consumer Action joined the
National Consumer
Law Center and other organizations in opposition to HR 435 — legislation that would reduce consumers» control over their own data by preempting state and federal privacy protections, damage the credit scores
of millions
of consumers with a disproportionate impact on African Americans, and
conflict with long - standing state utility regulatory consumer protections.
He teaches part - time at Pepperdine University School
of Law, the
National Judicial College, as well as private training sessions for professionals worldwide on the subject
of managing high -
conflict personalities and high -
conflict disputes.
In conclusion, one can state that the primacy
of EU
law, as interpreted by the ECJ inTaricco I ruling, does not
conflict with
national fundamental human rights; indeed, like Italy, even the other EU Member States, together with individual human rights, protect fundamental social rights.
He investigates the similarities and differences between the
national judicial treatment in applying and interpreting EU and ECHR
law and concludes that accession will not render these differences moot: in fact, the CJEU clarified in the Kamberaj case that EU
law does not require the disapplication
of domestic
law conflicting with the Convention — the effects
of the ECHR will therefore continue to depend on the
national constitutions, not the
law of the EU (pp. 156 - 158).
Primacy, that is the precedence EU
law takes over any
national laws in cases
of conflict, is one
of the most fundamental aspects
of EU
law.
Customary international
law is seemingly irreconcilably
conflicted on the fundamental issue
of whether it recognizes an international
law equivalent to
national - domestic statutes
of limitations.
The rules relating to
conflicts of interest and bias under the
national arbitration
laws of England, France, Switzerland and the US is set out in the third section
of the book, again illustrated with numerous key cases decided in those jurisdictions by the
national courts.
(i) where there is a breach
of a right afforded under EU
law, article 47
of the Charter is engaged; (ii) the right to an effective remedy for breach
of EU
law rights provided for by article 47 embodies a general principle
of EU
law; (iii)(subject to exceptions which have no application in the present case) that general principle has horizontal effect; (iv) in so far as a provision
of national law conflicts with the requirement for an effective remedy in article 47, the domestic courts can and must disapply the
conflicting provision; and (v) the only exception to (iv) is that the court may be required to apply a
conflicting domestic provision where the court would otherwise have to redesign the fabric
of the legislative scheme.
Good progress was being made on rule
of law development at the
national level when Yemen was suddenly engulfed in an international and violent
conflict in which Iran and Saudi Arabia were the main actors.
Ms. Trout has also presented nationally at the international conferences
of the Association for
Conflict Resolution (ACR) in Toronto in 2001; the Family Section Conferences
of ACR in 2002 and 2003 (Georgia and Colorado; respectively); the
national conference for ACR in Florida in 2003 (and served as conference co-chair); the Institute for the Study of Conflict Transformation at South Texas College of Law in 2004; and the National Conference of Minority Professionals in Alternative Dispute Resolution at Capital University Law School in Ohio in 2002, 2003, 2005, 2006 and 2007, respe
national conference for ACR in Florida in 2003 (and served as conference co-chair); the Institute for the Study
of Conflict Transformation at South Texas College
of Law in 2004; and the
National Conference of Minority Professionals in Alternative Dispute Resolution at Capital University Law School in Ohio in 2002, 2003, 2005, 2006 and 2007, respe
National Conference
of Minority Professionals in Alternative Dispute Resolution at Capital University
Law School in Ohio in 2002, 2003, 2005, 2006 and 2007, respectively.
Thirdly, the doctrine
of supremacy
of EU
law demands that in a case
of conflict with
national law, EU
law should prevail.
In conclusion, one can state that the primacy
of EU
law, as interpreted by the ECJ, does not
conflict with
national fundamental rights.
78 The Member States must not only interpret their
national law in a manner consistent with European Union
law but also make sure they do not rely on an interpretation
of an instrument
of secondary legislation which would be in
conflict with the fundamental rights protected by the legal order
of the European Union (see Parliament v Council, paragraph 105, and Detiček, paragraph 34).
This coverage notes the DC Circuit's unanimous decision that the
National Labor Relations Board failed to do its job
of reconciling
conflicting labor
laws and must revisit a matter involving Children's Hospital and Research Center
of Oakland.
1) we agree to disagree:) 2) supremacy
of EU
law for the EU system is the equivalent
of the hard core
of constitutional values that some
national Courts defend against EU (and ECHR)- it is not a matter
of «legitimacy» or «patriotism» but
of using a «lower rank» instrument (accession treaty) to interfere with a treaty rule: the identical issue is for States who have a «rigid» constitution (alike the Treaty binds the CIEU): the accession treaty to ECHR or EU has a «lower rank» than the Constitution itself, so that the
national Constitutional Court can not accept it can derogate to a higher ranking rule - usually they will find a way to reconcile the «construction»
of the two set
of rules, but if they are requested
of an opinion on the point
of principle, they will always say that in the very end, if all other paths have been explored to avoid the
conflict, eventually it is the Constitution and neither ECHR nor EUwhich prevails.
The defects in our
national law conflict with the superior Community
law requirement that the insurance cover afforded to third parties should embrace any use to which the vehicle is put and that the effects
of any breach
of policy term by the user should be confined to the insurer and its policyholder.
Thus, several influential voices in the
national security community, including former Director of National Intelligence, Adm. Dennis Blair, and former General Counsel for the National Security Agency, Stewart Baker, have claimed that the law of war is «inadequate» or «irrelevant» in the context of cyber conflict (Nakashima, 2010; Gjelten
national security community, including former Director
of National Intelligence, Adm. Dennis Blair, and former General Counsel for the National Security Agency, Stewart Baker, have claimed that the law of war is «inadequate» or «irrelevant» in the context of cyber conflict (Nakashima, 2010; Gjelten
National Intelligence, Adm. Dennis Blair, and former General Counsel for the
National Security Agency, Stewart Baker, have claimed that the law of war is «inadequate» or «irrelevant» in the context of cyber conflict (Nakashima, 2010; Gjelten
National Security Agency, Stewart Baker, have claimed that the
law of war is «inadequate» or «irrelevant» in the context
of cyber
conflict (Nakashima, 2010; Gjelten, 2010).
Because
of an identified real or perceived
conflict with
national law.
CONFLICT BETWEEN INDUSTRIAL RELATIONS AND EC
LAW As seen in previous monthly rants, the ECJ has handed down judgments in industrial action cases giving strong preference to basic rules of EC law where they are threatened by action taken by trade unions to protect wage rates in higher - wage economies from competition from organisations from lower - wage economies using their own national labo
LAW As seen in previous monthly rants, the ECJ has handed down judgments in industrial action cases giving strong preference to basic rules
of EC
law where they are threatened by action taken by trade unions to protect wage rates in higher - wage economies from competition from organisations from lower - wage economies using their own national labo
law where they are threatened by action taken by trade unions to protect wage rates in higher - wage economies from competition from organisations from lower - wage economies using their own
national labour.
Some people think that if the
law of conflicts of interest were loosened, a wave
of national mergers would soon follow.
However, «If the
national court were thus to come to the view that the obligation to disapply the provisions
of the Criminal Code at issue
conflicts with the principle that offences and penalties must be defined by
law, it would not be obliged to comply with that obligation, even if compliance with the obligation allowed a
national situation incompatible with EU
law to be remedied»: in fact, it is for the
national legislature to take the necessary measures.
Papa & Roberts, PLLC is a Middle Tennessee based
law firm and mediation provider, located conveniently in Brentwood, Tennessee, only minutes from Franklin, Nashville and other parts
of middle Tennessee, committed to providing you with local area and
national resources to help you through your business and organizational
conflicts, divorce, and other life or organizational transitions.
The Family
Law Section
of the American Bar Association and the
National Council
of Dispute Resolution Organizations (an umbrella organization which includes the Academy
of Family Mediators, the American Bar Association Section
of Dispute Resolution, AFCC,
Conflict Resolution Education Network, the
National Association for Community Mediation, the
National Conference on Peacemaking and
Conflict Resolution, and the Society
of Professionals in Dispute Resolution) joined AFCC in co-convening the Model Standards Symposium.
Maren regularly pursues advanced training and course work in family
law and mediation and is currently an active member
of numerous professional organizations, including the American Bar Association, the New York State Bar Association, and the
National Association for
Conflict Resolution.
He is on the part - time faculty at the Pepperdine University School
of Law and on the part - time faculty
of the
National Judicial College and is the senior family mediator at the
National Conflict Resolution Center.
He teaches part - time at Pepperdine University School
of Law, the
National Judicial College, as well as private training sessions for professionals worldwide on the subject
of managing high -
conflict personalities and high -
conflict disputes.
Against a
national backdrop
of policymaking that often appears to willfully ignore clear and compelling data, it is important to note that 17 states have
laws on abortion that match at least five
of 10 major categories
of restrictions that
conflict with scientific evidence.
National AFCC partners include the
National Council
of Juvenile and Family Court Judges, Hofstra
Law School Center for Children, Families and the
Law, Battered Women's Justice Project, Werner Institute for Negotiation and
Conflict Resolution, University
of Baltimore School
of Law Center for Children, Families and the Courts, Loyola University Chicago School
of Law's Civitas ChildLaw Center, Resolution Systems Institute and Marquette University
Law School Dispute Resolution Program.