Sentences with phrase «jurisdiction over article»

Not exact matches

Common sense should have informed the Government that the provisions of Article 280 (2) entrusting to the Court of Appeal appellate jurisdiction over such adverse findings would have been meaningless if the Government had a first administrative review authority to selectively overrule or reject or confirm such adverse findings made against persons by the Commissioner appointed under Article 278.

«The proper procedure was for a suit to be filed at a court or tribunal which had jurisdiction over the claims of the parties, and if that court in the course of determining the case took the view that the said issue was one of interpretation, that court will refer the issue to the Supreme Court according to article 130 (2) of the 1992 constitution», he added.

Several Congressional bills have been proposed to strengthen FDA jurisdiction over mHealth products, with one proposing the creation of a new Office of Wireless Health Technology within the administration, the article notes.

Re: the US News article on top about ESSA: Chairwoman Foxx is right about the role of the federal government in America's K - 12 education system; and families can continue to pressure educrats like Mr Botel by opting out, wherever and whenever possible, from their local state schools until the federal government gives up on the continuing mistake of its annual testing requirement in two subjects only, which has produced no significant improvement in American education for 15 years now, but has cost us in lost opportunities, including time and energy that might have been devoted to non-tested subjects, including those in the broader curricula represented by the International Baccalaureate Diploma Programme, which requires assessment — including but not limited to external final exams — in six subjects distributed over at least five fields, an assessment approach that has been imitated by the world's leading educational jurisdictions, but is being discouraged by the ignorant Luddites in the the U.S. ED.

A technician who is licensed in another state, and who is in good standing in such state, providing veterinary technology services otherwise permissible pursuant to this article directly in connection with an investigation by law enforcement of an alleged violation of federal or state animal fighting or animal cruelty laws, within the scope of the investigation and / or any related judicial proceedings, subject to the following requirements: (a) an official invitation has been extended to the technician for a specified period of time by the law enforcement authority with jurisdiction over the investigation; and (b) such law enforcement authority determines that the technician possesses skills, training, or experience necessary and relevant to such investigation of alleged incidents of animal fighting or animal cruelty.

While discussing with a colleague John B. West's 1909 Article Multiplicity of Reports, he pointed out that John West had a hands on understanding of how courts and judges worked in a wide array of jurisdictions all over the country, and that this understanding informed his efforts to create standards of legal publishing.

Alright, just for the sake of discussion, could Italy have challenged Article VII 3 (a)'s jurisdiction under International law over public safety of its citizens.

The ICS will include an appeal mechanism, giving the tribunal appellate jurisdiction over (a) errors in the application or interpretation of applicable law; (b) manifest errors in the appreciation of the facts, including the appreciation of relevant domestic law; and (c) the grounds set out in Article 52 (1) of the ICSID Convention, such as the presence of corruption or a serious departure from the fundamental rules of procedure.

Article 11 Cases pertaining to a petition for an order under paragraph 1 of the preceding Article shall be within the jurisdiction of the district court which exercises jurisdiction over the area where the opposite party maintains an address (or a place of residence in cases where the opposite party does not have an address in Japan or the address of the opposite party is unknown).

Indeed, some commentators consider that only the subject matter jurisdiction of the arbitral tribunal is a «matter» within the meaning of article V (1)(c), as opposed to the arbitral tribunal's jurisdiction over a particular party.821

The Svea Court of Appeal found that when the relevant dispute - resolution clause (article 10) in the BIT is interpreted in accordance with article 31 and 30 of the Vienna Convention on the Law of Treaties («the Vienna Convention»), it only covers jurisdiction over issues relating to the amount, or method of payment, of compensation paid in the event of an expropriation, and not over the issue as to whether expropriation of an investment has occurred or not.

The basic rule is that «each partner shall retain jurisdiction and control over the elements it registers and over personnel in or on the Space Station who are its nationals» (Article 5 of the Intergovernmental Agreement).

It can be debated to what extent Article 16 TSCG can be considered a binding obligation: The CJEU has jurisdiction over some parts of the TSCG (Article 8 (1) TSCG).

Article 10 permits a court dealing with divorce or separation to take jurisdiction over matters of PR as Art 12 of BIIR does.

The International Court of Justice has rejected jurisdiction over the claim brought by the Marshall Islands against the United Kingdom, alleging breach of the obligation (under Article VI of the Non-Proliferation Treaty) to negotiate in good faith for nuclear disarmament.

Kleinbard litigation partner, Matt Haverstick, is quoted in the Detroit Free Press article entitled — What jurisdiction does NCAA have over Michigan State, Nassar's abuse?

By Article 121, the UAE has exclusive legislative jurisdiction in relation to the regulation of the free financial zones and their establishment and the extent of their exclusion from the application of federal legislative provisions and by Article 151 the provisions of the Constitution are to prevail over the Constitutions of the member Emirates of the UAE and its federal laws are to prevail over the laws of the Emirates.

The only reasonable and, I think, possible conclusion to draw from the Articles is that the Articles which are in terms applicable to military commissions are so uniformly, and those applicable to both such commissions and to courts - martial when exercising jurisdiction over offenders against the laws of war likewise are uniformly, applicable, and not diversely according to the person or offense being tried.

Brott v United States 858 F3d 425 (6th Cir 2017)(Amici Curiae National Federation of Independent Business, Cato Institute and Southeastern Legal Foundation)(rejecting claim that property owners were entitled to jury trial in an Article III court because Congress permitted to bestow exclusive subject matter jurisdiction over takings claims seeking more than $ 10,000 in the Court of Federal Claims)

The Appellant alleged several grounds of appeal, including that the judge erred in his analysis of the child's habitual residence, in concluding that the Respondent had not acquiesced in the child's relocation, in failing to respect an order of the Montana court that it had no jurisdiction over the child's custody, and in failing to give effect to Article 13 (b) of the Hague Convention, which allows a court to refuse to return a child where there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.

In my earlier article I drew attention to the parallel jurisdiction conferred by the International Criminal Court Act 2001 on UK courts over the same crimes as the ICC.