To address this concern, the drafters added the principle of complementarity to the ICC's jurisdiction, in that the Court's province merely complements the exercise of jurisdiction
by the domestic courts of the Statute's member states.
«The finding
by the domestic courts in the second action that the applicant had libelled the claimant by the continued publication on the Internet of the two articles was a justified and proportionate restriction on the applicant's right to freedom of expression,» said the Court in March of this year.
ZURICH, Switzerland — Swiss watchmaker Swatch Group won a partial victory in a row with a British group over supplying parts to independent repairers when Switzerland's highest court ruled the case should be
heard by a domestic court.
The website provides access to the case - law from a number of jurisdictions on the application of the
Convention by domestic courts as well as information on the ratification of the Convention by selected States.
It was clear that the legitimacy of BA's uniform code and the proportionality of the measures it had taken had been examined in
detail by the domestic courts.
As a Judge of both the Industrial and High Courts he has facilitated at various seminars both in the region and internationally on diverse topics ranging from the independence of the judiciary, gender justice, sexual reproductive health rights, HIV / TB and the law to the use of international
law by domestic courts.
The court considered that even if the applicants» Art 8 complaint was before the secretary of state and the Court of Appeal, the policy set the threshold so high against them from the outset that it did not allow a balancing of the competing individual and public interests and a proportionality test by the secretary of state or
by the domestic courts in their case, as required by the Convention.
The court was concerned that the UK policy set the threshold so high against the applicants from the outset «that it did not allow a balancing of the competing individual and public interests and a proportionality test by the secretary of state or
by the domestic courts» because the applicants had to demonstrate as a condition precedent to the application of the policy, that the deprivation of artificial insemination facilities might prevent conception altogether.
In conjunction with Art. 4 (3) TEU and 344 TFEU, this provision would indeed appear to stand in the way of any «forum shopping»
by domestic courts.