Sentences with phrase «convention states acting»

Not exact matches

When the nation was established as a democratic republic, the people of the former English colonies, acting in their various constitutional conventions, transferred all governing power to their states and to the federal government, reserving for themselves only certain rights and powers they previously claimed to enjoy as subjects of the British Crown.

Although the Act clearly states that the purpose of inviolability is not to benefit particular individuals, but rather to «ensure the efficient performance of the functions of diplomatic missions», it also states that any de-recognition of an embassy must be consistent with international law — in this case the 1961 Vienna Convention.

«For me, such a constitutional convention must approach its task with a particular state of mind about the need to enable both mutual flourishing and a capacity for the UK to think and act together as a Union, as a collectivity amongst all the devolution and decentralisation.»

Silver, speaking to reporters after a breakfast to kick off the final day of the state Democratic Convention, pointed to the Dream Act and a statewide system of publicly financed campaigns as issues he'd like to see approved in the Senate.

Given the long history of inaction in Albany, a constitutional convention is the only platform New Yorkers have to limit outside income for legislators and push for ethics reform that will ensure all lawmakers act in the best interest of the state rather than lining their own pockets.

The final act of the Democrat's convention leads into the state Conservative Party convention tomorrow, followed by the Republican convention next week, putting the unusually packed slate of elections this fall into higher gear.

While campaigning in 2010, he said he favored a convention «to rewrite the Constitution» and make changes to «clean up Albany» immediately «because we can not wait any longer for the state legislature to act.»

While stating that the party remained in intact, Maku described Agbaso's leadership of APGA as void, adding that Oye and other party officials were elected through a properly organised convention of the party duly monitored by INEC and other appropriate agencies in line with the party's constitution and the Electoral Act.

Acting as a ceremonial host, Suffolk Executive Steve Bellone opened today's state Democratic convention in Melville with a speech boosting Gov. Andrew M. Cuomo that included a partial echoing of the line that the GOP represents «extreme» conservatism.

The group in its statement made available to the Nigeria Politics Online and signed by Executive Director Adetokunbo Mumuni, Said that, «Budget padding in fact is corruption, as it is implicit in corruption offences such as abuse of office, attempt to embezzle, divert, and misappropriate public funds, conspiracy to act corruptly, and illicit enrichment, which are recognized under the UN Convention against Corruption to which Nigeria is a state party, and included in national legislation such as the Corrupt Practices and Other Related Offences Act, the Economic and Financial Crimes Commission Establishment Act and the Fiscal Responsibility Act.&raqact corruptly, and illicit enrichment, which are recognized under the UN Convention against Corruption to which Nigeria is a state party, and included in national legislation such as the Corrupt Practices and Other Related Offences Act, the Economic and Financial Crimes Commission Establishment Act and the Fiscal Responsibility Act.&raqAct, the Economic and Financial Crimes Commission Establishment Act and the Fiscal Responsibility Act.&raqAct and the Fiscal Responsibility Act.&raqAct.»

All previous agreements and conventions between the the Belgian State and the International Polar Foundation will be annulled, including the Partnership Convention of 2007, the original act of donation from the International Polar Foundation to the Belgian State (the Partnership Protocol) of 2010, and the Belgian Law of 24 July 2008, all of which had previously set out the terms and conditions of ownership and operation of the Princess Elisabeth Antarctica.

As conventions do not directly influence and / or regulate transnational corporations, states can not effectively regulate and adjudicate the acts of companies outside states» national territories for various reasons such as trans - border limitations.

1734 — Thomas McKean was born in New London, Chester County, PA 1755 — McKean admitted to the bar and commenced practice in New Castle, Del 1756 — appointed deputy general for Sussex Country and served until 1758 1762-1775 — member of the Delaware House of Assembly 1764 — appointed one of the three trustees of the loan office 1765 — member of the Stamp Act Congress; appointed sole notary for the lower counties of Delaware; received the commission of a justice of the peace and of orphans» court 1771 — appointed collector of the port of New Castle 1774 - 1776 — member of the Continental Congress 1776 — signer of the Declaration of Independence; member of the state house of representatives 1776 — served as speaker 1777 — president of the state of Delaware 1777 - 1799 — chief justice of Pennsylvania 1781 - served as President of Congress 1787 — member of the convention of Pennsylvania which ratified the Constitution of the United States 1789 — delegate to the state constitutional convention 1799 - 1808 - Governor of Pennsylvania 1817 — died in Philadelphia, PA

Since 2013, the subcommittee has orchestrated several successes and positive outcomes, some of which include: • Collaborating with the PIJAC Zoonosis committee to update the Healthy Herp Handling poster promoting healthy reptile and amphibian handling practices; develop the Zoonotic Disease Prevention Series for Retailers; draft informative store signage on how to prevent zoonotic diseases; participate in meetings on rodent and reptile disease transmission with the Centers for Disease Control; and produce and revise best management practices (BMP) documents; • Collaborating with the United States Association of Reptile Keepers on past and current attempts to pass legislation, ordinances, and regulatory activity that may impact herp ownership and related businesses; • Attending Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) meetings with reports and summary of actions affecting import and export of reptiles; • Addressing the 2013 Center for Biological Diversity petition to list 53 herp species under the Endangered Species Act; • Reviewing and commenting on the recent US Fish and Wildlife status review on the proposal to list wood turtles under the Endangered Species Act; • Submitting comments on proposed listing of flat - tailed tortoise and spider tortoise under the Endangered Species Act; • Introducing federal legislation in 2013 to allow for the export of certain constrictors listed as injurious in air shipments with aircraft that land in a state for refueling; • Providing volunteer support for auctions at 2013 National Reptile Breeders Expo and several North American Reptile Breeders Conferences; • Providing extensive consultation on constrictor caging standards in Ohio.

He also cited the need to uphold the Lugano Convention (the equivalent of the Brussels convention on jurisdiction for European Economic Area states) which is incorporated into English law under the Civil Jurisdiction and JudgmentsConvention (the equivalent of the Brussels convention on jurisdiction for European Economic Area states) which is incorporated into English law under the Civil Jurisdiction and Judgmentsconvention on jurisdiction for European Economic Area states) which is incorporated into English law under the Civil Jurisdiction and Judgments Act 1982.

Similarly, a United States District Court found that a party's argument that the arbitral tribunal had impermissibly acted as amiable compositeur was «a not especially elegant masque that [sought] to conceal the fatal weakness» of that party's case on the merits, noting that the court was «forbidden under the Convention to reconsider factual findings of the arbitral panel.»

The pleas of state immunity fail, as the interests or activities covered by the UN Convention on Jurisdictional Immunities of States and their Property 2004, art 6 (2)(b) do not include reputational damage suffered by foreign states if it is proven that foreign officials acted contrary to their ownStates and their Property 2004, art 6 (2)(b) do not include reputational damage suffered by foreign states if it is proven that foreign officials acted contrary to their ownstates if it is proven that foreign officials acted contrary to their own laws.

When it adopted the Convention, the US lodged a reservation, expressing its understanding that the obligation was limited to acts of torture committed within its own jurisdiction, but no other state has claimed a similar interpretation.

Article 14 of the Torture Convention obliges each state party to ensure «that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible».

The three dominant themes in 2008 cases where PIL was invoked were as follows: UK / EU law implementation of UNSC resolutions concerning freezing of alleged terrorist assets (sanctions cases); the acts / omissions of UK authorities in Iraq / Afghanistan viewed in the context of PIL and provisions of the European Convention on Human Rights (ECHR) and Human Rights Act 1998 (Iraq / Afghanistan related cases); and state / diplomatic immunity in the context of civil proceedings and / or attempts to enforce arbitration awards against assets of State entities in the UK (Civil immunity castate / diplomatic immunity in the context of civil proceedings and / or attempts to enforce arbitration awards against assets of State entities in the UK (Civil immunity caState entities in the UK (Civil immunity cases).

This should be stated in the documents but, if not, the Rome Convention (implemented here through the Contracts (Applicable Law) Act 1990) rules will normally apply in Europe — and the governing law will then usually be the law of the country where the employee works.

The introductory text explains why the RO has been drafted: «It appears to the Secretary of State, following a finding of the [ECtHR] after the coming into force of [s 10] of the [HRA 1998] in proceedings against the United Kingdom, that certain provisions of the Terrorism Act 2000 are incompatible with an obligation of the United Kingdom arising from the Convention.»

The Prime Minister's role can and has evolved to some extent with usage and convention, but there is a fixed limit imposed upon the office by the Constitution Act, 1867 — namely, that whatever power the Prime Minister may wield in practice, he / she can never become the de jure head of state, since the Constitution Act, 1867 explicitly reserves this role for the Queen, as represented in Canada by the Governor General.

This chapter covers a miscellany of items including the provision of a certificate to a parent / guardian confirming their authority to act, confirmation that the Convention does not affect the operation of the 1980 Hague Convention and that the 1996 Convention may be invoked to secure the return of the child and that the Convention only applies to measures if they are taken in a state after the Convention has entered into force for that state.

In the Employment Appeal Tribunal, Langstaff J held that the absolute immunity provided by the State Immunity Act 1978 (the «Act») breached the claimants» rights of access to justice under Article 6 of the Convention.

The Hague Convention on the Civil Aspects of International Child Abduction was adopted by the United Sates on April 29, 1988, thereby becoming a contracting state, and on the same date passed the International Child Abduction Remedies Act, 42 U.S.C. § § 11601 et seq..

The categories that are exempt from the automatic deportation scheme are: (i) those who are presently exempt from deportation altogether; (ii) cases in which deportation would breach an individual's rights under the Human Rights Act 1998, the Refugee Convention, or the Community treaties; (iii) those individuals the secretary of state believes were under the age of 18 on the date on which they were convicted; (iv) those subject to extradition proceedings; and (v) those subject to mental health legislation.

Yang v. Tsui, 03 - 4714 (United States Court of Appeals, 3rd Circuit, August 3, 2005): In action under Hague Convention and the International Child Abduction Remedies Act (ICARA), Younger abstention does not apply to stay proceedings pending state court custody proceeding.

The Court stated its duty to act in all other cases, save where the two conventions applied, which they did not in that case.

(5) The Council, by an Act dated 26 May 1997 (4), drew up a Convention on the service in the Member States of the European Union of judicial and extrajudicial documents in civil or commercial matters and recommended it for adoption by the Member States in accordance with their respective constitutional rules.

In support of this conclusion, he referred to the Canada - United States Tax Convention Act, 1984, which gives paramountcy to the provisions of the Convention over the provisions of the Income Tax Act, and to Article 26 of the Vienna Convention on the Law of Treaties, which requires Canada to perform the Convention in good faith.

The Court held that the Abduction Convention can not be invoked if by the time of the alleged wrongful act, whether by removal or retention, the child is habitually resident in the state where the request for return is lodged.

The Court held that it is unpersuasive to read the Abduction Convention such that summary return is available if, by the time of the act relied on as a wrongful removal or retention, a child is habitually resident in the state where the application for return is made.

The recent decision of the Supreme Court of Japan, in the Hague Abduction Convention case between James Cook and Hitomi Arimitsu — which upheld the Osaka High Court's revocation of its prior order that four children wrongfully retained in Japan should be returned to their habitual residence in the United States — vividly highlights the loopholes and fundamental weaknesses in the Implementing Act under which the Convention was brought into Japanese law and the resistance within Japan to acceptance of the principles underlying the Convention.

Second, this blog is always on the lookout for differences in interpretation or application that the courts find between the Federal Arbitration Act and the New York Convention, especially that part that is codified as U.S. law in 9 U.S.C.. Here, the Court of Appeals states that: A «district court ‟ s primary authority to compel arbitration in the international context comes from 9 U.S.C. § 206, rather than from 9 U.S.C. § 4».

(5) Proceedings are not excluded from the scope of this Convention by the mere fact that a State, including a government, a governmental agency or any person acting for a State, is a party thereto.

Cases in the European Court of Human Rights about subject - matter including the compatibility with the ECHR of the stop and search powers in the Terrorism Act 2000 sexual orientation discrimination in the armed forces, and the compatibility with the European Convention of changes to the state pension age.

The litigation concerns claims alleging that provisions for the payment of advance corporation tax (ACT) upon dividends or distributions from UK subsidiaries to parent companies resident in other States breach the EC Treaty and / or double taxation conventions entered between the UK and other States.

The Supreme Court's judgment last week in Kennedy v The Charity Commission [2014] UKSC 20 is the latest in a series of decisions — including, most notably, R (HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3 (see this post) and Osborn v Parole Board [2013] UKSC 61 (see this post)-- in which the Court has placed very specific emphasis on the common law, as opposed to the Human Rights Act 1998 and the European Convention on Human Rights, as a source of fundamental rights and values.

They are also illegal under the Convention Against Torture of 1984, to which the United States is a signatory, and illegal under the War Crimes Act of 1996 (though the Military Commissions Act of 2006 makes an attempt to shield those who applied the «alternative set of procedures» from legal consequences under this law).

[63] The Convention against Torture obligates a state to «take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.»

In preparation for ratification, Ontario businesses should be aware of the Hague Convention's key features, including: • where parties of member States have expressly agreed to a court in their contract, the court selected by parties must act in every case as long as the choice of court agreement is valid.

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..

Likewise the (non) possibility for individuals to challenge regulations before the CJEU, the right of action (and rule of law) principle can not circumvene the Treaties: the issue is that the CJEU stated that judicial review on CFPS is a matter «within» the sphere of EU Treaties, so that MS (and EU Institutions) can not take action which may impact on them by using «outside» procedures; the rationale is the same used in other cases: if the matter is covered by EU law, absence of a specific rule in EU law does not enable MS (or the Institutions) to act: in the Advice on the Lugano Convention on Jurisdiction, the mere indirect effect of the Convention of the 44/2001 Regulation was considered sufficient to make the matter fall «wholly» within EU competence, thus depriving the MS of the power to act.

Vorys partners Ken Rubin and Sean Purcell presented at the Ohio State Bar Association Annual Convention on May 1, 2014 on the topic of Foreign Corrupt Practices Act compliance and investigations.

Signatory States to the Convention may not violate the right to life of their citizens, subject them to torture, inhuman or degrading treatment, press them into enforced labour, deprive them of their liberty without due process and compensation, deprive them of access to justice or a fair trial or introduce laws that impose retrospective criminal liability for acts that were innocent at the time they were committed.

The parents argued that the police had acted in a way incompatible with HRA 1998, s 6, which states that it is unlawful for a public body to act in a way that is incompatible with a Convention right.

The Repatriation of Prisoners Act 1984 (RPA) incorporated the Strasbourg Convention on the Transfer of Sentenced Persons and authorised the transfer of prisoners from the host to the national member state.

He relied on the application to a state by s 20 of the State Immunity Act 1978 (SIA 1978) of Art 29 of the Vienna Convention, which was given force of law by the Diplomatic Privileges Act 1964 and which, it was said, required the UK, including its courts, to «treat him with due respect and... take all appropriate steps to prevent any attack on his... dignity&rastate by s 20 of the State Immunity Act 1978 (SIA 1978) of Art 29 of the Vienna Convention, which was given force of law by the Diplomatic Privileges Act 1964 and which, it was said, required the UK, including its courts, to «treat him with due respect and... take all appropriate steps to prevent any attack on his... dignity&raState Immunity Act 1978 (SIA 1978) of Art 29 of the Vienna Convention, which was given force of law by the Diplomatic Privileges Act 1964 and which, it was said, required the UK, including its courts, to «treat him with due respect and... take all appropriate steps to prevent any attack on his... dignity».

«Its achievements range from laying the groundwork for the 1969 Vienna Convention on the Law of Treaties and the 1998 Rome Statute of the International Criminal Court to adopting the 2001 articles on the responsibility of States for internationally wrongful acts.»