Sentences with phrase «foreign states»

He noted that, despite «a civil war of unequaled magnitude and severity, which has sometimes seemed to foreign States to invite and to provoke their aggression, peace has been preserved with all nations, order has been maintained, the laws have been respected and obeyed and harmony has prevailed everywhere except in the theater of military conflict.»

Weil serves as lead counsel in the defense of Toyobo, a major Japanese fiber manufacturer, in class action suits, multiple personal injury suits, as well as claims by multiple state attorneys general, the U.S. Department of Justice, and foreign states relating to the performance of Toyobo's Zylon fiber in bullet - resistant vests used by thousands of law enforcement agencies worldwide.

«The judicial power shall extend to all cases in law and equity arising udner... treaties made, or which shall be made... to all cases affecting ambassadors, other public ministers and counsels; to admiralty and maritime jurisdiction,... to controversies between... a state or citizens thereof and foreign states, citizens, or subjects.»

He supplemented his thoughts with a proposal to all but abolish the immunity of foreign States before domestic courts.

The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; — to all cases affecting ambassadors, other public ministers and consuls; — to all cases of admiralty and maritime jurisdiction; — to controversies to which the United States shall be a party; — to controversies between two or more states; — between a state and citizens of another state; — between citizens of different states; — between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

The Title of Nobility Clause is a provision in Article I, Section 9, Clause 8 of the United States Constitution, that prohibits the federal government from granting titles of nobility, and restricts members of the government from receiving gifts, emoluments, offices or titles from foreign states without the consent of the United States Congress.

Offences against foreign states), which consists of § 102, § 103 and § 104, can be prosecuted.

For example, the power of the President to recognize (or not) foreign states is done via regulation but has been long practiced even in the absence of specific legislative authorization.

The Kosovo and Quebec doctrines lead us to the conclusion that where the Northern Cyprus or Southern Rhodesia type of illegality is not attached to a declaration of independence, the obligation to withhold recognition under Article 41 ARSIWA does not apply, and pursuant to Quebec para 155 foreign states may grant recognition, taking into account the legality and legitimacy of a claim for independence.

The law as it currently stands has weak annual reporting requirements from government agencies, does not provide much protection to Canadians from abusive treatment by foreign states, does not give the Privacy Commissioner order - making power, does not provide redress in cases involving harm, does not prevent over-collection of personal information, does not protect against surveillance where the data is not recorded, and does not feature security breach disclosure requirements.

On the other hand, according to the prevailing opinion (upheld by the ICJ in the Jurisdictional Immunities Judgment), the State on whose behalf the accused official was acting enjoys immunity from the civil jurisdiction of foreign States for the very same crimes.

(The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.)

(9) With respect to offenses committed by or against a national of the United States as that term is used in section 101 of the Immigration and Nationality Act --(A) the premises of United States diplomatic, consular, military or other United States Government missions or entities in foreign States, including the buildings, parts of buildings, and land appurtenant or ancillary thereto or used for purposes of those missions or entities, irrespective of ownership; and (B) residences in foreign States and the land appurtenant or ancillary thereto, irrespective of ownership, used for purposes of those missions or entities or used by United States personnel assigned to those missions or entities.

Weil serves as lead counsel overseeing the defense of Toyobo, a major Japanese fiber manufacturer, in connection with potential False Claims Act claims by the U.S. DOJ, class action suits, multiple personal injury suits, and claims by multiple state attorneys general and foreign states, among others, relating to the performance of Toyobo's Zylon fiber in bullet - resistant vests used by thousands of law enforcement agencies worldwide.

We are delighted that the Supreme Court has recognised that the UK's State Immunity Act is too generous to foreign states, preventing employees, including many vulnerable workers, accessing justice and going well beyond the requirements of international law.

The Commercial Activity Exemption: When are Foreign States or State «Actors» Immune from Canadian Claims?

Lord Mance noted that the starting point of the appellants» case was that adjudication of the issues now before the court in favour of the claimants would necessarily involve a finding by the English courts that foreign states had acted illegally under the laws of the places where the conduct complained of occurred.

Thus, States at home and their citizens, and foreign states and their citizens, are put together without

'' (5) To controversies between two or more States; between a State and citizens of another State; between citizens of different States; between citizens of the same State, claiming lands under grants of different States, and between a State or the citizens thereof and foreign states, citizens or subjects.»

When taken together with the linked judgment handed down in Rahmatullah No 2, the Supreme Court has now given authoritative guidance as to how far English Courts should be constrained in their willingness to entertain claims involving allegations of fundamental human rights breaches on the part of foreign states, and the complicity of English officials in such breaches.

States shall be a party; to controversies between two or more States and citizens of another State; between citizens of different States; between citizens of the same State claiming lands under grants of different States; and between a State and citizens thereof and foreign states, citizens or subjects.»

To controversies between a State or the citizens thereof and foreign states, citizens or subjects, because, as every nation is responsible for the conduct of its citizens towards other nations, all questions touching the justice due to foreign nations or people ought to be ascertained by, and depend on, national authority.

Even if one could say that such treatment reflects some policy of the various foreign states involved, or indeed of the United Kingdom, it goes far beyond any conduct previously recognised as requiring judicial abstention... The critical point in my view is the nature and seriousness of the misconduct alleged in both cases before the Supreme Court, at however high a level it may have been authorised... Sovereign states who without justification and without permitting access to justice detain or mistreat individuals in the course or in relation to their conduct of foreign relations or affairs have sovereign immunity in foreign domestic courts.

However, that would have no second order legal consequences for the relationship between the respondents and the foreign states in question or their officials.

It is extended also to controversies between a State and foreign states; and if the argument taken from the order of designation were good, it would be meant here that this Court might have cognizance of a suit where a State is plaintiff, and some foreign state a defendant, but not where a foreign state brings a suit against a State.

All that can be said is that establishing the appellants» liability in tort would involve establishing that various foreign states through their officials were the prime actors in respect of the alleged torts.

It is not uncommon for plaintiffs to utilize the US courts and laws such as the Alien Tort Statute (ATS) and the Foreign Sovereign Immunity Act (FSIA) to challenge the legitimacy of actions taken by foreign states within their own sovereign territory.

On its face the amendment appears to prohibit suits from out - of - state residents against foreign states.

The recent decision to incorporate only Articles 18, 19 and 21 of UNCSI on immunity from execution was rather motivated by the fact that, first, the jurisprudence of the Cour de cassation had become unpredictable and, second, the French government was embroiled in diplomatic complications with foreign States.

On the other hand, it has enacted specific rules on execution proceedings against foreign States undertaken by so - called «vulture funds» as had been the case with the famous NML capital Ltd. v. Argentina litigation (Article 60).

The judicial power shall extend to controversies between a State and citizens of another State, between citizens of different States, between citizens of the same State, claiming lands under grants of different States, and between States, or the citizens thereof, and foreign States, [p580] citizens, or subjects.

There may be other routes to (some) recovery, such as the Air Cargo claimants» «umbrella effect» argument, or claims based upon the competition law of foreign states which can be advanced in this jurisdiction (mentioned in the Court's judgment at [157] and [120]-RRB-.

Our lawyers have decades of experience successfully defending against ATS and FSIA lawsuits brought against foreign states and officials from across the globe.

In this capacity, Julia principally represents foreign States and State - controlled entities before U.S. federal courts.

FEMA authorizes the Attorney General to make orders relating to measures of foreign states or foreign tribunals affecting international trade or commerce.

This exercise emerged from the concern that there was no single, publicly disclosable document that set out how UK military personnel and intelligence officers were to proceed when engaging with foreign States on the question of the detention and interrogation of individuals held in foreign custody.

Her clients comprise foreign states and their state - owned entities, international financial institutions and multinational corporations in the US, Europe, the Middle East, Russia, Africa and Asia.

Professor Dan Sarooshi, a barrister practising at Essex Court Chambers with particular specialism in public international law, and Robert Volterra of Volterra Fietta have launched a new legal blog, entitled «Foreign States in English Courts».

The Cuba Order is directed at extraterritorial measures of the US aimed at preventing trade and commerce between foreign states and Cuba.

Mark also advises foreign states, government agencies and liquidators on international asset tracing measures.

Mr Fotherby has acted for foreign states and individuals in often high - profile extradition matters.

Last week the State Duma decided to amend Draft Bill No. 441399 - 7 «On Measures (Countermeasures) in Response to Unfriendly Actions of the USA and (or) other Foreign States» («Draft on Countermeasures»).

The blog is intended to provide a newsfeed of concise, informative case summaries of recent and important English court decisions involving foreign States as litigants.

By way of contrast, in Kazemi the Supreme Court assessed whether the State Immunity Act, RSC 1985, c S - 18 (SIA), which limited civil redress in Canada against foreign states, even for acts of torture, violated section 7 of the Charter.

Section 1 (1) of the State Immunity Act provides foreign states with a general immunity from suit before the UK courts subject to the Act's provisions.

David W. Bowker chairs the firm's International Litigation group and has a wealth of commercial litigation and arbitration experience, representing US and foreign companies, multi-nationals, foreign states and nonprofit organizations before international arbitration tribunals, state and federal trial courts, courts of appeal and the US Supreme Court.

foreign states are not entitled to immunity under customary international law as to most, if not all, activity that constitutes human rights offenses.

i) Few provinces have reciprocal enforcement of judgment agreements with foreign states, and not very many states when they do.

By contrast, disputes between foreign states, equals under international law, are ordinarily mediated through diplomacy.

The absence of any similar provision for foreign states in s. 9 (1) implies that the rules of court may not be used.