Sentences with phrase «convention by interpretation»

Not exact matches

Rather, their creative interpretations of the text are influenced by the hermeneutical conventions of Second Temple Judaism, which allow for quite a bit of «play» with the narrative texts.

Among other reliefs, he sought a declaration that by true interpretation of sections 1, 4 and 5 of the Terrorism (Prevention)(Amendment) Act, 2013 and the United Nations Convention on Terrorism.

A gentler approach would be to return to seeking cross-party agreement on the interpretation of conventions, as pursued by the Joint Committee on Conventions in 2006.

We are told that Best Friends is modeling their solution on their own interpretation of excerpts from breeding restriction laws enacted by THE GERMAN ANIMAL WELFARE ACT of 1998, and THE EUROPEAN CONVENTION FOR THE PROTECTION OF PET ANIMALS IN STRAUSSBORG GERMANY of 1987.

[citation needed] By thus manipulating the conventions and structures of figurative painting, he creates corollaries for literary, philosophical, and historical concepts in visual allegories about the nature and implications of perception, meaning, and interpretation in art.

As a reminder, in the Court's reading, the first limb only deals with the possibility for persons to institute proceedings when addressed personally by an act; the second limb opens this possibility for persons when an act is of «direct and individual concern to them», an interpretation considered by the Committee as «too severe» to comply with the Convention (para 66).

This new Protocol, which has been referred to as the «Protocol of the dialogue» by Dean Spielmann, the President of the European Court of Human Rights (ECtHR), creates the possibility for supreme courts of the Contracting States to the Convention to request an advisory opinion from the ECtHR on «questions of principle relating to the interpretation or application of the rights and freedoms defined in the Convention or the protocols thereto» [1].

This tax refund case set the precedent in the interpretation and construction of local Philippine taxation laws on imposition of excise taxes to aviation fuel purchased by international carriers for consumption outside the Philippines and its treaty obligations arising from the Chicago Convention and various bilateral air service agreements with other countries.

In contrast to the detailed analysis non-discrimination in EU and other international legal instruments done by the AG in his Opinion, the Court only briefly mentions Articles 23 and 26 of the Geneva Convention as guideline for the interpretation of Articles 29 and 33 of the Qualification Directive.

The long running dispute has highlighted important issues regarding the interpretation by the English Courts of the New York Convention 1958 and the Arbitration Act 1996.

Another useful foundation for a contract - oriented LRW problem is the United Nations Convention on Contracts for the International Sale of Goods («CISG»).130 The United States is a signatory to the CISG which is intended to provide a structure for international contract similar to that offered by the Commercial Code and UCC case law is relevant to interpretation of CISG cases.131 Foreign case law is also considered instructive though not binding, 132 allowing an LRW problem to easily incorporate an international convention, foreign law, and domestic law in one fact scConvention on Contracts for the International Sale of Goods («CISG»).130 The United States is a signatory to the CISG which is intended to provide a structure for international contract similar to that offered by the Commercial Code and UCC case law is relevant to interpretation of CISG cases.131 Foreign case law is also considered instructive though not binding, 132 allowing an LRW problem to easily incorporate an international convention, foreign law, and domestic law in one fact scconvention, foreign law, and domestic law in one fact scenario.133

FPR 2010, 2.3 (1)(on the interpretation of the FPR 2010) will be amended to insert: ««the 2007 Hague Convention» means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23 November 2007» and after the definition of «application notice»: ««Article 11 form» means a form published by the Permanent Bureau of the Hague Conference under Article 11 (4) of the 2007 Hague Convention for use in relation to an application under Article 10 of that Convention, and includes a Financial Circumstances Form as defined in rule 9.3 (1) which accompanies such an application.»

Quite apart from the general question whether all fundamental rights lend themselves to being the subject of interpretations varying from one legal system to another, the fact remains that there is one area where, by virtue of Article 52 § 3 of the Charter of Fundamental Rights, EU law has itself limited the scope of its autonomy, namely as regards those rights which the Charter has borrowed directly from the Convention.

On the other hand, in the rare instances where this provision would not apply and the ECtHR would be asked to give an advisory opinion nonetheless, such an opinion — if the ECtHR accepted to give it — would by definition be confined to «questions of principle relating to the interpretation or application of the rights and freedoms defined in the Convention or the protocols thereto».

The High Contracting Parties agree that, except by special agreement, they will not avail themselves of treaties, conventions or declarations in force between them for the purpose of submitting, by way of petition, a dispute arising out of the interpretation or application of this Convention to a means of settlement other than those provided for in this Convention.

The Vienna Convention rules are certainly a help, but they essentially remain broad guidelines which allow the balancing of various rules of interpretation — as becomes particularly clear in the interpretative exercise suggested here by the Advocate General.

This post discusses the reasoning in Thompson and suggests some significant legal and practical consequences that could flow from a shift towards a more child - centered interpretation of the Hague Convention by Canadian courts.

By contrast, the respondent father argues that any interpretation that is contrary to a strict «shared parental intentions» approach will result in an increase in international child abductions as a result of an undermining of the Hague Convention mechanism: «The greater the ease... the greater the incentive to try» (Factum of the Respondent JPB at para 54).

After The Home Secretary's extraordinary performance on Andrew Marr this morning where she set out her cunning plan to bring out guidelines for the judges in relation to the interpretation of Article 8 of The European Convention — enshrined in our law by The Human Rights Act — the sardonic side of my temperament would like to substitute the word «government» in the quote above for «freedom».

There is an obvious analogy to follow in a parental authority case, but the enforcement procedure is not made clear by the Convention (or the Quebec interpretation of the Convention), except insofar as it is not the remedy under Article 21.

2) apart from the fact that CJEU stated that even before EU exercising its power, the MS must still act - when they have the power to do so - in a matter which does not jeopardise or prejudice the EU, so that the mere «potential» competence does have an effect, limitating the MS action, the parallel is that a negative rule is still a rule, so that the existence of the rule makes the matter «regulated»: - as for the JHA, I must say that whilst I agree with you on the merits, I can see the issue raised by the CJEU, since it is quite the same raised by some national Constitutional Courts, i.e. that ECHR standards may be in conflict with national standards and formally speaking the ECHR is a treaty and therefore has a lower rank that national Constititions, and the decision of the ECHR on the interpretation of such standards within the context of the Convention does not bind the national Constitutional Court in interpreting the national Constitution standards: e.g..

The immediate cause of Mrs May's intervention was an interpretation of the European Convention by the Upper Tribunal in a case involving a Mrs Izuazu.

«the United Kingdom is bound by the Convention, as a matter of international law, to accept the decisions of the ECtHR on its interpretation.