Sentences with word «cogen»

The fact that violations of jus cogens norms occurred in the past does not entail a conflict with nor permit a state to set aside the rules of immunity.

In my 2009 comment on this case, when it was still pending before the Quebec Superior Court, I was hopeful that the law was rapidly moving towards holding states, and individuals acting under colour of state authority, accountable for breaches of jus cogens norms.

In a nutshell, the General Court in its 2005 judgement «discovered» a ius cogens standard which allowed it to review the EU implementing measures as well as, vicariously, the UN measures.

As a normative matter or as de lege ferenda, one definitely hopes that international law would develop a jus cogens rule requiring states to prevent the perpetration of mass atrocities.

In Samantar v Yousef (699 F. 3rd 763, 2012) the Federal Court of Appeals for the Fourth Circuit concluded that «under international and domestic law, officials from other countries are not entitled to foreign official immunity for jus cogens violations, even if the acts are performed in an official capacity».

The latter, in its judgement of September 2010 (grudgingly) adopted the reasoning of the Court of Justice (so adieu to the ius cogens standard) and found in favour of Mr Kadi, ruling that the Commission had only paid heed to fundamental rights considerations in the most marginal fashion.

Capex is high for good reason: mill conversions, cogen construction, expansion of capacity at Landqart (rightly or wrongly), etc..

However, customary international law principles, such as universal jurisdiction or jus cogens remain elusive (e.g. Bouzari v. Islamic Republic of Iran (2004), 71 O.R. (3d) 675, leave to appeal refused, [2005] 1 S.C.R. vi).

However, in Kadi v Council and Commission, the CFI dismissed his challenge to the regulation, on the basis that UN Security Council Resolutions were binding on the EU save on jus cogens grounds.

«Other jurisdictions have been willing to hold corporate actors accountable for violations of jus cogens [compelling law]; and over time, the doctrine of act of state has been limited by public policy considerations said to be part of domestic law.»

In the House of Lords, however, Lord Bingham disagreed and thought that immunity did not «contradict a prohibition contained in a ius cogens norm, but merely diverted any breach to a different method of settlement».

The Swiss Federal Tribunal goes, as did the European General Court in 2005 (EU General Court (formerly Court of the First Instance), 21st September 2005, case T - 315 / 01, Kadi v Council of the EU & Commission of the EC), in that direction, by holding open the door for not carrying out resolutions which violate ius cogens (BGE 2A.783 / 2006, para. 9.2.).

Clearly a rule permitting humanitarian intervention can not be a jus cogens rule.

Art 53 of the Vienna Convention of the Law of Treaties says that a rule of jus cogens can only be modified by another rule of jus cogens.

It is often claimed that the prohibition of the use of force in Art 2 (4) is a rule of jus cogens.

«Our cogen is up and running,» said John J. Bradley, the university's assistant vice president for sustainability, energy and technical services, said last week.

And the ones that have the best chance — I'd pick solar, electricity grid systems (including smart loads and storage), cogen, carbon - neutral building, and public transportation — have the least powerful lobbies.

Territorial illegality arises under a serious breach of certain fundamental norms of international law, in particular jus cogens.

It is a peremptory norm (ius cogens).

Furthermore, US courts have recently denied foreign state officials immunity against civil claims alleging violation of jus cogens norms.

Since the foundation of the United Nations at the end of the second world war, certain crimes have been identified as worthy of universal condemnation and have the special status in international law of ius cogens — laws binding all mankind.

These include Lord Sumption's careful discussion of jus cogens; the surprisingly short shrift given to the government's argument based on state immunity; and the strident dismissal of the argument that UK courts should refrain from adjudicating on foreign acts of state where doing so would embarrass the UK in its international relations (per Lord Mance at [11](iv)(d)-RSB-; Lord Neuberger at [134]; and Lord Sumption at [241]-RRB-.

Their reaction can be a refusal to give effect to an act of the IO, following a finding that the act was outside the scope of authority of the IO -LSB-...] or incompatible with another set of norms, be it international norms (such as a jus cogens norm or a human rights norm) or a norm of the domestic legal order that has precedence over the act of the IO (such as the practice of the German constitutional court in the cases involving judgments of The ECJ and the EctHR).»

Such a guarantee would reflect the fact that the principles of non-discrimination and equality before the law have the status of jus cogens, or put differently, that they are standards from which no deviation is permitted at international law.

It has the status of a peremptory norm, ius cogens, from which no derogation is permitted.15 It is, in particular, embodied in the International Convention on the Elimination of All Forms of Racial Discrimination (1965), which in turn has been legislated into Australian law by the Racial Discrimination Act 1975 (Cth)(RDA).16

[61] Jus cogens or peremptory norms of international law are overriding principles of international law, distinguished by their indelibility and non-derogability.