Not exact matches
Rather, it had
interpreted the commandment
of love in the context
of the
law, and this had led to hedging the
application of the
law about with numerous qualifications.
As a rule
of international
law applicable in the relations between the parties, the Court ruled that the principle
of self - determination had to be taken into account when
interpreting the territorial scope
of the AA in accordance with the rule codified in Article 31 (3)(c) VCLT, and that the
application to Western Sahara was thus excluded (Front Polisario paras 88 - 92).
Regardless
of the
application, the central issue remains: How will the
law be
interpreted and applied in this uncharted territory?
Forensic accounting involves the
application of special skills in accounting, finance, auditing, economics, and
law, as well as investigative skills to gather and analyze financial data and to
interpret and communicate findings.
CONSIDERING that, as any national court, the Unified Patent Court must respect and apply Union
law and, in collaboration with the Court
of Justice
of the European Union as guardian
of Union
law, ensure its correct
application and uniform interpretation; the Unified Patent Court must in particular cooperate with the Court
of Justice
of the European Union in properly
interpreting Union
law by relying on the latter's case
law and by requesting preliminary rulings in accordance with Article 267 TFEU;»
Justice Robert A. Graesser's decision is a relatively straightforward
application of the Rules as
interpreted by case
law.
The Court chose to indulge these concerns and take the politically easy way out by ruling that EU
law (including the Charter) is not applicable to visa
applications that would lead to a stay
of more than 90 days — instead
of ruling for the
application of the Visa Code and thus also the Charter
of Fundamental Rights, as it would then have been confronted with the impossible task
of having to
interpret the Charter in a way that would not have a negative effect on the functioning
of the Dublin system.
He grounds this on the requirements
of the CILFIT test: accordingly the UKSC will be under an obligation to refer unless (i) the question raised is irrelevant; (ii) the EU provision in question has already been
interpreted by the Court; or (iii) the correct
application of EU
law is so obvious as to leave no scope for any reasonable doubt.
Similarly, whether the
application of the
law in practice differs in any respect given the regulatory stance and strategic approach
of the Data Protection or Privacy Commissioner in the interpretation
of this guidance (as has been shown elsewhere, EU Member States may differ in how they
interpret the official guidance as presented by the Article 29 Working Party).
The question for the CJEU now was whether to equate the concepts
of an «internal armed conflict» from Directive 2004 / 83 / EC and
of a «non-international armed conflict» from IHL for the purpose
of interpreting EU
law, and consequently for the
application of the
law of the Member States in conformity with EU
law.
She gave five reasons in particular why the scope
of the exclusion clause should not be limited to the offenses outlined in Article 1 FDCT: firstly the wording refers to acts contrary to the purposes and principles
of the UN and is not limited to terrorist offenses; secondly, such an interpretation would be at odds with the Geneva Convention in light
of which the Qualification Directive should be
interpreted; thirdly, the Qualification Directive as an instrument
of asylum and humanitarian
law and the FDCT are qualitatively different and derive from different areas
of law; fourthly, it would unduly restrict the
application of the exclusion clause and finally, fifthly, the fact that the FDCT is an instrument
of variable geometry with varying
application across the Union would lead to problems if it were used as criteria in defining terms for the purposes
of the
application of the Qualification Directive.
Yet, surprisingly, practical
application of the
law has been reticent and
interpreted as impacting upon behaviour
of humans to humans.
In R (on the
application of the Campaign for Nuclear Disarmament) v Prime Minister [2002] EWHC 2777 (Admin), [2002] All ER (D) 245 (Dec) the Divisional Court held that it had no jurisdiction to
interpret an international instrument that had not been incorporated into domestic
law even though the claim was founded on an alleged breach
of customary international
law.
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