Sentences with phrase «domestic legal system»

Those who view the international legal system by comparison with domestic legal systems will comment on the general absence of effective enforcement mechanisms in international law.

For if the inclusion of other domestic legal systems in the research does not per se change its outcome, the principles thus derived would enjoy greater legitimacy thanks to the effective demonstration of their worldwide recognition by nations.

Their Lordships declared, contrary to the appellant's argument, that there was indeed no generally accepted definition in international law as to what constituted terrorism and in particular that practice as to whether domestic legal systems could designate as terrorism acts of insurgents against state armed forces in non-international armed conflicts was too varied to constitute a rule of international law.

It is strongly argued by many that arbitration should always be subject to the fundamental principles which underpin most domestic legal systems and ultimately reflect the rule of law — and should not, as some contend, be a process which is totally detached from those fundamental principles.

China has accepted many international human rights standards and incorporated them into its Constitution and domestic legal system.

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).

Now, if international law is the law of all nations, general principles of law should be conceived of not as being the legal principles common to a handful of States, but as common to all nations Hence, the tribunals could have chosen in a more balanced manner the domestic legal systems examined in the search for general principles of law.

For example, they could have selected the domestic legal systems in accordance with a geographically equitable distribution - a kind of «UN» approach.

Although those domestic legal systems are representative of the Romano - Germanic or the Common Law legal family, i.e., the main world's legal families, many other domestic legal systems were more often than not neglected in the search for general principles of law.

In this regard, it should be remembered that recourse to domestic legal systems is ultimately the only way in which decisions of arbitral tribunals can be given practical effect, through enforcement and execution measures.

Finally, my purpose in taking issue with Cassese's position in Erdemović was not to condone the consultation of a narrow range of domestic legal systems or types of systems, but rather to condone the decision made by other judges to examine rather than ignore information on guilty pleas that had been amassed in a range of places over a long period of time.

She ensures that her clients develop comfort with the domestic legal system and ensures simultaneous compliance with data privacy laws in the foreign jurisdiction and US discovery obligations.

Thus, in keeping with the principle according to which the Convention only defines minimum standards which Contracting Parties are free to raise in their domestic legal system (Art. 53 of the Convention), such an opinion would be given without prejudice for EU law to go beyond the Convention protection level, a scenario explicitly considered by Art. 52 § 3, second sentence, of the Charter.

Those understandings would, of course, be framed within the constitutionalist principles laid down by the Strasbourg Court, but they would truly entrench the Convention within the domestic legal system.

International Law in the U.S. Legal System explains how international law intersects with the domestic legal system within the United States, and points out various unresolved issues and areas of controversy.

The Committee goes on to observe that «[t] he fact that retained direct EU law originated outside the domestic legal system» does not constitute a «good reason for neglecting to assign it a domestic legal status once it is recognised as domestic law».

The LLM in International Human Rights is designed for students with JDs or law degrees from other countries who wish to undertake an in - depth study of the norms and methods of international human rights law and international criminal law and their implementation by international courts and organizations and in domestic legal systems.