Sentences with phrase «domestic jurisdiction of each state»

Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII.

Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll.

There is no international analogue to aggression for starting a civil war as it would fall under the domestic jurisdiction of the state.

Yet it is important to remember that the role of the ICC is complementary to the domestic jurisdiction of each state.

If the matter refers to an area within the domestic jurisdiction of States, there will be no need for a State to invoke its constitutional law since all it needs to do is to invoke the absence of any rule of international law regulating the topic.

Not exact matches

The Council passed new legislation Wednesday that requires the City Clerk to provide same - sex couples registering for domestic partnerships with a list of jurisdictions where they can be legally married, either out of the country or out - of - state.

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.

Indeed, the full court of the ECJ in Opinion 2/15 has already underlined that ISDS rivals with domestic courts and is not part of the domestic judicial system, when it held that ISDS «removes disputes from the jurisdiction of the courts of the Member States» (para. 292).

Additionally, the Commission would support an exhaustion requirement, according to which claimants «must exhaust domestic and international remedies (or demonstrate their pursuit would be futile) before United States courts may entertain ATS cases on the basis of universal jurisdiction» (p. 4).

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.

This makes investment treaty arbitration into an adjudicatory process for resolving investor - State disputes that involves predetermined rules of procedure and substance, much like when a State submits to the jurisdiction of an international human rights court or to administrative or constitutional judicial review at the domestic level.

Duncan regularly provides expert evidence on English, French and Comparative Law issues in domestic and foreign proceedings, including before the English Court of Appeal and Supreme Court, before the courts in Europe and the United States, as well as many other jurisdictions.

Where a court having jurisdiction under Articles 8 to 15 contemplates the placement of a child in institutional care or with a foster family and where such placement is to take place in another Member State, it shall first consult the central authority or other authority having jurisdiction in the latter State where public authority intervention in that Member State is required for domestic cases of child placement.

Thirdly, a domestic court will treat as non-justiciable — or will refrain from adjudicating on — certain categories of sovereign act by a foreign state abroad, even if outside the jurisdiction of that state.

In a case where a child is physically present in the United States, the relevant domestic court would typically be a state court of general jurisdiction or a «family court» of that state, depending upon the U.S. state.

The literature suggests that, because of fears of jury bias, foreign patent holders are less likely to sue in the United States than are domestic patent holders; when they do, they put forward only their strongest patents.4 While jury bias is a serious problem, it is made worse by venue rules that limit actions to the jurisdiction in which the infringer is either incorporated or «has committed acts of infringement and has a regular and established place of business.»

Choice of court being unlikely, next up is the application of Article 7 (1) to determine which court has jurisdiction to hear an application for damages relating to the termination of a commercial concession agreement concluded between two companies, each established and operating in a different Member State, for the marketing of goods on the domestic market of a third Member State in which neither of those companies has a branch or establishment.

Some states do not have existing laws that mandate recognition of domestic partnerships that originated outside of their jurisdiction, and they have no legal obligation to do so.

Even in states where domestic partners enjoy many of the same legal rights as married couples, existing federal law might not extend certain benefits that are not exclusively under state jurisdiction.

While, for instance, responsibilities for education and health are shared between the Commonwealth, States and Territories, responsibility for record - keeping and access resides separately with each jurisdiction; that for juvenile justice and welfare lies with the States and Territories, and the Commonwealth has «special» responsibility for Indigenous people under s 51 (26) of the Constitution (the races power), as well as for Australia's international human rights obligations by way of its Executive power to ratify treaties and its power to «incorporate» them into domestic law under s 51 (29) of the Constitution.

In an emergency, such as the abandonment of a child or domestic violence issues, Wyoming issues temporary orders to protect the child until the state of jurisdiction can intercede.