Sentences with phrase «domestic argument in the court»

Not exact matches

The immediate threat in the United States is that dirty energy lobbyists will effectively use hypothetical arguments of WTO or NAFTA illegality to chill congressional action and provide cover for U.S. legislators who are indebted to Big Oil, Big Coal and the LNG lobby for campaign contributions, even though international trade law is not incorporated into U.S. domestic law and violations can not be enforced in U.S. domestic courts.

If one takes the perspective of counsel representing an investor in an imagined intra-EU arbitration not (directly) related to EU law, one plausible argument is that since the arbitration stems from a purely domestic measure, the autonomy concerns of the Court are entirely immaterial to the dispute at hand.

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.

The Agency rejected both arguments after considering all the expert evidence on the issue, noting in part that the carriers together comprised approximately 90 percent of the domestic market, and also that the Supreme Court recognizes cross-subsidization as being reasonable for the achievement of accommodation for persons with disabilities.

Even though Alphamix concerned a domestic arbitral award, the attitude of the Judge in scrutinizing the arguments against the enforcement of an award when a litigant has gone through all the proper court procedures, even public interest ones, is most welcome and sends a strong signal to public bodies which choose to have their commercial disputes resolved by way of arbitration, that they should take arbitration proceedings and arbitral awards made against them seriously.

The argument was rebuffed and, despite Campbell reaching the European Court in MGN Ltd v United Kingdom [2011] ECHR 39401 / 04, the domestic courts have remained faithful to the finding made by the law lords (see Moore - Bick LJ in Sousa v London Borough of Waltham Forest Council [2011] EWCA Civ 194 (paras 54 and 55)-RRB-.

In proceedings below, counsel for the U.S. government has advanced various arguments for why military commissions have jurisdiction to try conspiracy — a domestic offense — even though the Supreme Court has made clear in prior decisions that the jurisdiction of military commissions is limited to the adjudication of violations of the law of waIn proceedings below, counsel for the U.S. government has advanced various arguments for why military commissions have jurisdiction to try conspiracy — a domestic offense — even though the Supreme Court has made clear in prior decisions that the jurisdiction of military commissions is limited to the adjudication of violations of the law of wain prior decisions that the jurisdiction of military commissions is limited to the adjudication of violations of the law of war.

However, this option was eliminated in 1999 for domestic pensions, which makes it uncertain that such a line of argument would be successful before the court, even if the principle technically still could apply to foreign pensions.

While much of their argument is based on preserving access to justice, no one ever accused the claimant in the MGN domestic proceedings, Naomi Campbell, of being short of a bob or two and atypical of the general run of claimant seeking access to the court through conditional fees otherwise perhaps denied.

In February, the US Supreme Court heard arguments in Microsoft's case arguing that a domestic warrant does not.In February, the US Supreme Court heard arguments in Microsoft's case arguing that a domestic warrant does not.in Microsoft's case arguing that a domestic warrant does not...