Sentences with phrase «by the domestic courts of»

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.

Not exact matches

He successfully argued that foreign and domestic investors had asserted viable «holder claims» seeking to recover investment losses due to their retention of already - owned shares in reliance upon the fraud, which is believed to be the first ruling by a U.S. court sustaining such a theory under English common law.

Again, we can ask whether the spate of hate - speech and «equality» legislation in Britain and other European countries — not to mention the restrictions on public manifestations of faith, the right to which has been upheld again and again by both domestic and European courts — also falls foul of this Article.

As many journalists and commentators have argued, agreements like the TPP have dubious benefits for citizens of the countries involved.ISDS provisions have been criticised by U.S. Constitutional lawyer Lori Wallach for «empowering corporations to sue governments — outside their domestic court systems — over any action the corporations believe undermines their expected future profits or rights under the pact by reporting breaches, removing online content and even denying access to Internet users».

That's an encouraging step in the way leagues treat domestic abuse — by having its own investigations, unencumbered by the problems that real - world courts often face, Baseball can at least try to institute some measure of justice while attempting to discourage future violence.

It specialises in «providing free, fast and effective legal support to survivors of domestic violence, usually by helping individuals obtain injunctions from their local county court.

In determining the best interests of the child, the court considers: the wishes of the child if the child is of sufficient age and maturity; any nomination by a parent for a guardian; whether either parent has engaged in domestic violence.

Also at 11 a.m., Assemblywoman Monica Wallace and Mary Travers Murphy, executive director of the Family Justice Center, discuss bills passed by the state Assembly to empower domestic violence victims to leave their abuser, Family Justice Center, Main Court Building, 438 Main St., Suite 201, Buffalo.

In the case of the Sutherland Springs church mass shooting in Texas last November, the U.S. Air Force acknowledged it should have provided information to the FBI that the shooter was previously convicted by a general court - martial for domestic assault.

The Assembly measures would keep firearms out of the hands of people deemed by courts to be a danger to themselves or others, set a 10 - day waiting period for delivery of a gun to a person who hasn't cleared a background check instead of the current three - day period, and prevent people convicted of domestic violence from buying a firearm.

This is protected by the European Court of Human Rights, and the Human Rights Act, which incorporates it into domestic law and allows courts in the UK to make sure local authorities and central government act in ways that protect people's rights.

When a domestic violence survivor seeks a divorce, she will most likely be faced with at least three obstacles: the sometimes - prohibitive costs of a private attorney; a legally complex Supreme Court that makes it nearly impossible to represent oneself; and the fact that the abused party must track down her spouse (barring a rare exception granted by a judge) to serve him divorce papers.»

A New York Times article revealed alleged interference by Mr. Paterson, a Democrat like the mayor, in a domestic violence case against one of his top aides — with the paper reporting Mr. Paterson had called the victim the night before she failed to appear in court.

The Domestic Violence Bureau is a special unit within the District Attorney's Office that is staffed by specially trained Attorneys, professional Social Workers and advocates to provide comprehensive assistance to victims of domestic crimes while their case is in Buffalo City Court, or one of the local Town / VillageDomestic Violence Bureau is a special unit within the District Attorney's Office that is staffed by specially trained Attorneys, professional Social Workers and advocates to provide comprehensive assistance to victims of domestic crimes while their case is in Buffalo City Court, or one of the local Town / Villagedomestic crimes while their case is in Buffalo City Court, or one of the local Town / Village courts.

A Lagos High Court in Ikeja has sentenced a man, Sulaiman Olalekan to death by hanging for the murder of his wife, in a case of domestic violence.

«This is the first time we have had a domestic standard capable of being acknowledged by the courts.

For months, we were in and out of court for his multiple arrests for domestic assault, yet I stayed by his side in fear of retaliation.

Domestic Violence, Stalking, Sexual Violence, Dating Violence, Repeat Violence, Injunction, Protection Order, An injunction is a court order signed by a A man and a woman talk about the problems of violence and abuse in relationships.

Discharge types of debts singled out by the bankruptcy law for special treatment, such as child support and alimony (known as Domestic Support Obligations), student loans (but tuition is dischargable), court restitution orders, criminal fines, and some taxes.

We Pledge to ensure that the filing of a new bankruptcy case by our office will legally stop all creditor collection activity, including foreclosures, repossessions, court proceedings (other than criminal prosecutions), garnishments (other than domestic support obligations), threats, creditor calls, collection letters, and general creditor harassment.

The additional 10 % tax generally does not apply to payments that are: • Paid after you separate from service during or after the year you reach age 55; • Annuity payments; • Automatic enrollment refunds; • Made as a result of total and permanent disability; * • Made because of death; • Made from a beneficiary participant account; • Made in a year you have deductible medical expenses that exceed 7.5 % of your adjusted gross income; * • Ordered by a domestic relations court; or • Paid as substantially equal payments over your life expectancy.For more info see: https://www.tsp.gov/PDF/formspubs/tsp-780.pdf Enjoy your retirement!

This Puerto Rico law provides that, in all cases in which a person is accused of domestic violence or child abuse, the court shall, by petition of party, issue a protection order for the petitioner so that he / she be the sole custodian of the animal.

Popular for its truly all - inclusive packages, Sugar Bay's rates include taxes, dining in any of the six restaurants or bars, house - brand cocktails, domestic beer, wine by the glass, kids» club half - day programs, Wi - Fi, the fitness center, non-motorized water sports, mini golf, tennis, and basketball courts.

The all - inclusive Platinum Plan at St. James's Club Antigua includes room accommodations as selected; unlimited meals and snacks (with the exception of Piccolo Mondo Restaurant) and daily afternoon tea; welcome cocktail and unlimited beverages including domestic alcoholic drinks, selected name - brand liquors and house wine by the glass; non-motorized water sports including snorkeling gear, windsurfers, and kayaks; supervised kids club for ages 4 to 11; six championship tennis courts; organized resort activities and entertainment; fitness center; and entrance to the on - site disco Jacaranda.

The all - inclusive plan at the Royal Suites Punta Mita by Palladium includes: Accommodations as selected; all meals and snacks including breakfast and lunch in choice of buffet restaurants; dinner in the buffet restaurants or in one of the à la carte specialty restaurants with previous reservation; domestic alcoholic and non-alcoholic drinks (premium beverages are offered in Hemingways and La Bahia bars); stocked mini-bar with daily restocking; non-motorized water sports including snorkeling, catamaran sailing, kayaks, windsurfing and introductory scuba - diving lesson in pool; fitness and recreation facilities including two tennis courts (charge for night play), an archery area, bocce ball court, ping - pong, pool / billiards; gym and hydrotherapy area at the spa; day and evening entertainment and recreation according to the activity schedule; towels, chairs and umbrellas at beach and the swimming pools.

In most countries the process of ratifying a treaty entails putting in place domestic implementing legislation, enforceable by government agencies and the courts.

The comments by Chief Justice Annmarie Bonkalo of the Ontario Court of Justice focused on the new Integrated Domestic Violence Court,

Because in this case both statutory decision makers (ie the Standards Board and the Adjudication Panel) comprise persons identified by Parliament «because of their experience knowledge and position to apply the relevant Code», therefore «absent an error of law the court is to pay considerable respect to the decision of what is an informed domestic tribunal».

Thus, the reliance on the investment protection standards of the FTIAs before domestic courts is conditioned by the tactics employed by the CJEU, depending on whether a MS or an EU measure is challenged.

The Court's contention that EU law provides for a complete system of remedies, or at least remedies «sufficient to ensure effective judicial protection for individual parties in the fields covered by EU law» (Case C - 64 / 16, para. 34) has to be understood as a formalistic conception in the sense that BITs clearly provide more complete and effective remedies to investors than EU law or domestic law — and this understanding has been at the heart of the reasoning of arbitral tribunals in cases where they have rejected the argument that intra-EU BITs are incompatible with EU law.

As noted, given that the criteria of state liability for non-contractual breaches are more strict under (in this case) domestic law, Spanish courts have rejected all compensation claims brought by the affected investors, whereas some of the tribunals dealing with the ECT claims have awarded sizeable compensation to the claimants.

Thus, while it can not ground a claim by a patient with a rare disease in Canadian courts, it does form part of the background in which judicial interpretation of domestic legislation in, say, an administrative or Charter case, occurs.

The following factors are considered in determining recognition and enforceability of a Alaska injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.

All ICSID decisions are final, and this provides for the kind of certainty desired by investors and host states, who will not have to worry about the intervention of domestic courts.

(1) the temperament and developmental needs of the child; (2) the capacity and the disposition of the parents to understand and meet the needs of the child; (3) the preferences of each child; (4) the wishes of the parents as to custody; (5) the past and current interaction and relationship of the child with each parent, the child's siblings, and any other person, including a grandparent, who may significantly affect the best interest of the child; (6) the actions of each parent to encourage the continuing parent child relationship between the child and the other parent, as is appropriate, including compliance with court orders; (7) the manipulation by or coercive behavior of the parents in an effort to involve the child in the parents» dispute; (8) any effort by one parent to disparage the other parent in front of the child; (9) the ability of each parent to be actively involved in the life of the child; (10) the child's adjustment to his or her home, school, and community environments; (11) the stability of the child's existing and proposed residences; (12) the mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, must not be determinative of custody unless the proposed custodial arrangement is not in the best interest of the child; (13) the child's cultural and spiritual background; (14) whether the child or a sibling of the child has been abused or neglected; (15) whether one parent has perpetrated domestic violence or child abuse or the effect on the child of the actions of an abuser if any domestic violence has occurred between the parents or between a parent and another individual or between the parent and the child; (16) whether one parent has relocated more than one hundred miles from the child's primary residence in the past year, unless the parent relocated for safety reasons; and (17) other factors as the court considers necessary.

Lord Mance's judgment considers there to be three types of foreign state aid rule: one of private international law; one precluding domestic courts from questioning the validity of a foreign state's sovereign act in respect of property in its jurisdiction; and domestic courts will treat some categories of sovereign act by a foreign state as non-justiciable.

In conclusion, in the absence of a prevailing community interest being put forward by the Italian Government, against which to balance the applicants» momentous interests as identified above, and in the light of domestic courts» conclusions on the matter which remained unheeded, the Court finds that the Italian Government have overstepped their margin of appreciation and failed to fulfil their positive obligation to ensure that the applicants have available a specific legal framework providing for the recognition and protection of their same - sex unions.

In addition to recognising the doctrine in substance, the Supreme Court even goes as far as to use both these terms by name by referring to the «primacy of EU law» at Paragraph 66 and the «overriding supremacy» of the source of EU law in the hierarchy of domestic law sources at Paragraph 81.

Therefore, through the recognition of the primacy of EU law norms, but with the crucial qualification that such primacy is conditional on the constitutional authorisation of the domestic legal order in accordance with Parliamentary Sovereignty, the majority of the Supreme Court justices justify their claim that «we would not accept that the so - called fundamental rule of recognition (ie the fundamental rule by reference to which all other rules are validated) underlying UK laws has been varied by the 1972 Act or would be varied by its repeal» [Paragraph 60].

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.

The provision continues by stating that in «doing so, the Tribunal shall follow the prevailing interpretation given to the domestic law by the courts or authorities of that Party and any meaning given to domestic law by the Tribunal shall not be binding upon the courts or the authorities of that Party.»

2017 election, but included within the June Queen's speech was a promise of a Courts Bill, which will «end direct cross examination of domestic violence victims by their alleged perpetrators in the family courts&rCourts Bill, which will «end direct cross examination of domestic violence victims by their alleged perpetrators in the family courts&rcourts».

On the basis of these considerations, the Court notes that, in the Safe Harbour Decision, the Commission does not state that the US, in fact, ensures an adequate level of protection by reason of its domestic or its international commitments.

The court acknowledged that while the construction of an insurance contract is governed by the domestic law, not EU law, it reaffirmed two well established principles:

The Supreme Court held that, when the United Kingdom Parliament enacted the European Communities Act 1972, it created a «conduit pipe» whereby EU law created by the institutions of the European Union is constituted as an «entirely new, independent and overriding source of domestic law» [Paragraph 80].

Furthermore, ICS in CETA does not require the exhaustion of domestic remedies, which would soften the risk of divergent interpretation as well as respect the powers of the courts of the Member States to hear claims by individuals involving questions of EU law.

Smith, Clyde and Linda Smith, «Domestic Violence: Problems at the Intersection of Criminal Justice and Family Justice» published by the Ontario Chapter of the Association of Family and Conciliation Courts (2017) Nora Rock is Corporate Writer and Policy Analyst at LAWPRO.

Once that finding is made, the trial court is precluded by Arizona from awarding the perpetrator of that domestic violence from being awarded custody of the children.

In his short judgment, Justice Steel also agreed that a judgment issued by the DIFC Courts on recognition and enforcement of a foreign judgment «is in fact a domestic judgment and accordingly falls within the scope of Article 7 (2) of the Judicial Authority Law.»

But what if one instead asks what percentage of all of the domestic cases cited — whether from a state's own courts or from foreign courts — come from Western states, by which I mean states in the Western Europe and Others Group?