Sentences with phrase «exercise of jurisdiction»

The circumstances in which the court had exceptionally recognised the extra-territorial exercise of jurisdiction by a state included where the state «through the effective control of the relevant territory and its inhabitants abroad as a consequence of military occupation or through the consent, invitation or acquiescence of the government of that territory, exercises all or some of the public powers normally to be exercised by [the government of that territory].»

AEMA, which has other objections to PJM's plan, told regulators that for PJM to need to rerun its base residual auction, several events would need to occur, including: the Supreme Court declining to consider EPSA; the court deciding a second case to preclude FERC's exercise of jurisdiction over demand response participation in the capacity market; and FERC would need to rule on both the EPSA remand and other complaints.

Finally, the district courts have been granted constitutional authority to issue the extraordinary writs of certiorari, prohibition, mandamus, quo warranto, and habeas corpus, as well as all other writs necessary to the complete exercise of their jurisdiction.

(e) The limitation apparently placed by Barrell upon the proper exercise of the jurisdiction to reverse, namely by its adoption of the formula that the circumstances should be exceptional, was not universally welcomed, but was reaffirmed by Stewart v Engel [2000] 3 All ER 518.

Brussels IIA establishes «a scheme by which jurisdiction is determined in accordance with unified rules that are directly applicable to the assumption and exercise of jurisdiction across all member states».

The court in Warth expounded that:»... when the asserted harm is a generalized grievance [such as so - called traffic cases] shared in substantially equal measure by all or a large class of citizens [People] that harm alone normally does not warrant exercise of jurisdiction [citation omitted].

The Supreme Court has the constitutional authority to issue the extraordinary writs of prohibition, mandamus, quo warranto, and habeas corpus and to issue all other writs necessary to the complete exercise of its jurisdiction.

«Such decisions evolve from the Court of Appeal upon the exercise of jurisdiction over appeals from the court below.

It risks, indeed, to transform the legitimate exercise of concurrent jurisdictions in a «race to prosecute»; as mentioned above, the first final decision in the EU prevents the other Member States to prosecute again (thus regulating, to some extent, the exercise of their jurisdiction).

As the term indicates, it connotes the exercise of jurisdiction, or legal power, outside territorial borders.

The exercise of the jurisdiction involved no departure from familiar rules governing entitlement and ownership.

-- The willingness to recognize and enforce an extra-provincial judgment rendered on the same jurisdictional basis is as an overarching principle that disciplines the exercise of jurisdiction against extra-provincial defendants.

The Court considered that the case law indicates that there is full jurisdiction to hear the wife's application for release from her undertaking (and potential acceptance of a new undertaking), and that the courts below had failed to distinguish between the existence of the court's jurisdiction to release the wife from her undertaking, and the exercise of its jurisdiction.

(2) The Court of Appeal has the jurisdiction conferred on it by this or any other Act, and in the exercise of its jurisdiction has all the powers historically exercised by the Court of Appeal for Ontario.

(a) Nature of the authority to create military commissions for the trial of enemy combatants for offenses against the law of war, and principles governing the exercise of jurisdiction by such commissions, considered.

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 provision enables the Tribunal to decide any issue of fact or law necessary for the exercise of its jurisdiction, including rendering any order it considers appropriate to safeguard the parties» rights.

Is this an exercise of that jurisdiction?

It is an express prohibition of the exercise of the jurisdiction conferred by the act of 1833 in cases arising under the internal revenue laws.

The secretary of state accepted that, while the jurisdiction of states for the purposes of Art 1 of the Convention was essentially territorial, in exceptional cases, «acts of the contracting states performed, or producing effects, outside their territories can constitute an exercise of jurisdiction by them within the meaning of Article 1 of the Convention»: Banković v Belgium (2001) 11 BHRC 435.

under the overseas order consents to the exercise of jurisdiction by the court in the proceedings; or