Sentences with phrase «by international tribunals»

Certainly since other States, not uniquely the EU, also have to accept that their laws are applied or interpreted by international tribunals, such as by the WTO Appellate Body.

It is claimed by some that terrorist attacks are not acts of war but crimes to be punished by international tribunals.

When on 1 December 2014 the Appeals Chamber upheld the decision of Trial Chamber I to condemn Thomas Lubanga Dyilo to 14 years of imprisonment for the enlistment and conscription of children under the age of 15, the Congolese warlord, who had already gone down in history as the first person transferred to the International Criminal Court, became also the first war criminal to serve a final sentence given by the international tribunal.

Not exact matches

Patterned after the Nuremberg trials of Nazi war criminals and then the international tribunals created for Rwanda and Yugoslavia earlier in the 1990s, it is the most ambitious expression of the international community's answer to the questions yielded by massive past injustices.

As a permanent global court, the ICC will likewise differ from the special International Criminal Tribunals created by the UN Security Council to address atrocities in the former Yugoslavia and Rwanda.

It is, at least, apparent that the debates about humanitarian intervention by military force in the last decade, about the creation of international criminal tribunals in a number of cases, about the idea of a state's «universal jurisdiction» in cases of violations of the Genocide Convention or other «crimes against humanity,» about how far the global war on terror may proceed without violating the rights of states, and most recently, about the United - States - led use of force against the Saddam Hussein regime in Iraq, have all raised important points of positive and customary international law, and that in every one of these cases the outcome remains unsettled.

Meanwhile, the House Foreign Affairs Committee voted last week to pass two resolutions: one calling for support of the creation of an international war crimes tribunal to prosecute those involved in Syria, and the other calling the crimes perpetrated by ISIS against Christians and other minorities there «war crimes,» «crimes against humanity,» and «genocide.»

He is properly indignant at this abandonment of long - standing commitments: «In two centuries of national existence no more pusillanimous act was ever contemplated, much less carried forward, by American officials responsible for our relations with international tribunals.»

This would remove the necessity for national vengeance against Iraqi officials; they would be dealt with under international law by an impartial tribunal.

No, if he does so, he would be a war criminal on international scale who could be tried in another country or by a special international tribunal.

International law involving disputes between sovereign states, unlike most kinds of law, isn't something that gets resolved definitively by a tribunal in most cases.

EMBL is forced to pay retroactive pay increases because the administrative tribunal of the Geneva - based International Labour Organization (ILO) recently ruled that the lab had violated its own staff guidelines by setting 1995 salaries too low (ScienceNOW, 3 November).

76 Statute of the International Criminal tribunal for the Former Yugoslavia, adopted May 25, 1993 by S / RES / 827 (1993) art. 5 (g).

It is therefore not surprising thatOHCHR, after a thorough inquiry, came to the conclusion that the above - mentioned barbaric acts against refugees constituted war crimes, crimes against humanity and possibly crimes of genocide, subject to confirmation by a competent international criminal court or tribunal.34 So far, no charge has been brought forward.

29 Upon the closure of the ICTR, the ICTR Prosecutor requested referrals to Rwanda in the cases of six fugitives: Fulgence Kayishema, Charles Sikubwabo, Ladislas Ntaganzwa, Aloys Ndimbati, Charles Ryandikayo, and Pheneas Munyarugarama to be tried by the Mechanism for International Criminal Tribunals (MICT).

In my research on general principles of law in the decisions of international criminal tribunals, I've found that the domestic legal systems that are most frequently invoked by the tribunals are, by far, those of Western Europe (in particular those of Germany, France, and England and Wales).

Courts have rejected challenges under article V (1)(d) where the parties choose institutional rules to govern their procedure that provide for flexibility concerning the manner in which the tribunal is to be composed.881 On the other hand, a German court refused recognition and enforcement where an award was rendered by two, instead of three arbitrators, as expressly required by the rules of the International Arbitration Court of the Belarusian Chamber of Commerce that the parties had agreed would govern their arbitration.882

The arbitration clause provided that the local arbitral tribunal issuing the award only had jurisdiction over «non-technical» disputes, and any «technical» disputes were to be resolved by an international arbitral tribunal under the ICC Arbitration Rules.813

The standard included in the MFN - clause — «fair and equitable treatment» — was not considered to amount to an unconditional right for investors to have their case heard by an international arbitral tribunal.

Agreements or treaties that came into being after the events started many international laws and these are upheld by the local tribunal or the ICC.

Whether unlawful & whether tribunal compliant with ECHR, Art 6, EU Charter, Art 47; whether panel member a de facto judge or whether de facto judge principle unlawful by virtue of Art 14 of the International Covenant on Civil & Political Rights.

The term of legal autonomy comprises thus for Gragl four «imperatives» that the Court has developed, with the consequence of some serious constraints imposed by the CJEU under its vigilant protection of legal autonomy on Member States choice and utilization of other international courts and tribunals and on the jurisdiction of such courts and tribunals (p. 84).

Though criminal prosecutions remain available and immunity is completely excluded by the International Criminal Court and all other international tribunals, the ECtHR and some English judges cling to an outdated relic ofInternational Criminal Court and all other international tribunals, the ECtHR and some English judges cling to an outdated relic ofinternational tribunals, the ECtHR and some English judges cling to an outdated relic of nationalism.

Gregory Tereposky, an international trade and investment lawyer at Borden Ladner Gervais LLP, says this will create much - needed consistency of tribunal decisions in investor dispute cases, an area now plagued by discrepancies.

Chapter 4 turns to the impact of the somewhat «isolationist» approach found in the Court's case law on international law; it does so by scrutinizing the relationship of the CJEU with a number of other international courts and tribunals, recalling for this purpose in particular the MOX plant controversy and the legal controversy surrounding the creation of the European Economic Area and the EFTA Court.

Beyond child custody, other legal issues with potential international or comparative components concern the legal status of marriage or divorce, or the enforceability of domestic relations orders by foreign tribunals.

As the Commission's report indicates, the idea of creating an international standing tribunal was inspired by the work of Professor Gus Van Harten.

In applying the criteria laid out by the Court, the AG pays little attention to the fact that the tribunals are set up by an international agreement rather than through domestic law, to the ad - hoc nature of ISDS, and to the long - held criticism that ISDS arbitrators lack the basic judicial safeguards for judicial independence.

It is currently used by 125 institutions, including judiciary, prosecution services, defence counsel, government ministries, NGO's, international and hybrid tribunals.

Key features of arbitration are set out below but in summary it is a process whereby parties agree that their disputes will be resolved, in a final and binding manner capable of enforcement, not by the Court but by an independent (and often international) arbitral tribunal.

Important judgments that shape the interpretation and application of the EU law in this field are identified and analysed, particularly judgments by the European Courts, international courts and tribunals such as the WTO's Dispute Settlement Body, and higher national courts.

The Nuremberg Tribunal considered a number of factors relevant to its conclusion that the authors of particular prohibitions incur individual responsibility: the clear and unequivocal recognition of the rules of warfare in international law and State practice indicating an intention to criminalize the prohibition, including statements by government officials and international organizations, as well as punishment of violations by national courts and military tribunals (id., at 445 - 47, 467).

These include domestic courts utilizing universal jurisdiction, the establishment by the Security Council of an ad hoc international criminal tribunal, use of the International Criminal Court for any crimes committed after July 2002, and the International Courinternational criminal tribunal, use of the International Criminal Court for any crimes committed after July 2002, and the International CourInternational Criminal Court for any crimes committed after July 2002, and the International CourInternational Court of Justice.

A Legg, Book Review of «Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation», edited by Lukasz Gruszczynski and Wouter Werner (2016) 17 Journal of World Investment & Trade 166.

While the Human Rights Committee has not determined that «extraordinary» tribunals or «special» courts are incompatible with the requirement that tribunals be established by law, it has taken the position that the provision is intended to ensure that any court, be it «extraordinary» or not, should genuinely afford the accused the full guarantees of fair trial set out in Article 14 of the International Covenant on Civil and Political Rights.

In a unanimous decision, the tribunal - which had been constituted under the auspices of the World Bank's International Centre for Settlement of Investment Disputes (ICSID) Additional Facility Rules (the Additional Facility)- ruled that it lacked jurisdiction over NSPI's claims because NSPI was not an «investor» who had made a qualifying «investment» in Venezuela as called for by the Canada - Venezuela Bilateral Investment Treaty (Canada - Venezuela Treaty).

Pursuant to Harder and Sterling O & G International Corp v Director of Employment Standards Division (Man), 2012 MBCA 18 (CanLII), 275 ManR (2d) 280 (at para 19), the law is ``... essentially settled that a question of statutory interpretation by a tribunal of its own statute will be reviewed on the standard of reasonableness».

Sean is instructed regularly by various Governments and has appeared as counsel before the International Court of Justice, the UK Supreme Court and investor - State arbitration tribunals.

Upfront fees payable to arbitral institutions and the deposit for the tribunal's costs are usually shared by the parties in international arbitrations.

Our partners and associates, backed by decades of experience and relevant local and international qualifications, represent clients in the High Court, Land Claims Court, Supreme Court of Appeal and Constitutional Court, as well as before international arbitral tribunals, the Press Council, and the Broadcasting Complaints Commission of South Africa.

These extra-judicial international arbitration tribunals can order unlimited compensation be paid to investors by a host country's taxpayers.

At Foley Hoag, he will be defending sovereign State clients against claims by investors before the International Centre for the Settlement of Investment Disputes (ICSID) and other arbitral tribunals.

Whether the arbitration in question is governed by the UNCITRAL Arbitration Rules, the ICSID Convention, the Arbitration Rules of the International Chamber of Commerce, the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce — you name it — the Mauritius Convention would provide for transparency of submissions to arbitral tribunals, arbitration hearings, and decisions by arbitral tribunals, and give more room for third - party participation under a uniform set of rules.

He is regularly instructed by Governments in international cases and has appeared before numerous international tribunals including the International Court of Justice and Tribunals constituted with respect to the Lainternational cases and has appeared before numerous international tribunals including the International Court of Justice and Tribunals constituted with respect to the Lainternational tribunals including the International Court of Justice and Tribunals constituted with respect to the Law oftribunals including the International Court of Justice and Tribunals constituted with respect to the LaInternational Court of Justice and Tribunals constituted with respect to the Law ofTribunals constituted with respect to the Law of the Sea.

Represented the United States Trade Representative (USTR) as respondent in a judicial review before the Federal Court of Appeal brought by the applicants to question the decision of the Canadian International Trade Tribunal in an antidumping and subsidy case where the tribunal held, in favour of the USTR, that there was no injury to the applicants.

Therefore, an interpretation of EU law by an arbitral tribunal in an extra-EU context may be binding under international law, yet it is not authoritative, i.e. binding, under EU law, as EU courts are not required to follow it.

Disputes relating to BITs are heard in arbitral tribunals administered by the International Centre for Settlement of Investment Disputes (ICSID), an arm of The World Bank, or similar arbitration centers.

«FAs recognition of the value of patents has increased dramatically over the past decade, so too has the amount of litigation associated with patent enforcement and validity challenges before U.S. district courts, the U.S. International Trade Commission (USITC), and before the U.S. Patent & Trademark Office (USPTO) In response to this ramp up, both in terms of volume and complexity, tribunals have come to recognize the substantive, procedural, and administrative challenges posed by patent litigation.

In Fiona Trust Corp, the House of Lords also held that arbitration clauses in international commercial contracts ought to be liberally construed, and that parties to arbitration agreements generally intend all disputes arising out of their relationship to be determined by the same tribunal, unless language to the contrary is present.

The Chartered Institute of Arbitrators conference on 13 November 2016 opened the week with a keynote address by Vincent Moran QC of Keating Chambers on «Turbulent and troublesome tribunals and the appearance of bias» and panel discussion on «What makes an effective and efficient seat in international arbitration?».