Sentences with phrase «jurisdiction over foreign»

The problem is that keep framing it as the the government having jurisdiction over foreign servers.

The United States Supreme Court has made clear twice within the last five years that a state court may assert general jurisdiction over a foreign corporation under the Due Process Clause of the Fourteenth Amendment «only when the corporation's affiliations with the State in which suit is brought are so constant and pervasive «as to render it essentially at home in the forum State.»»

a) In personam orders regarding foreign property: In Duke v Andler, the Supreme Court of Canada firmly established that Canadian courts do not have jurisdiction over foreign assets, especially foreign land.

Finally, members of congressional committees with jurisdiction over foreign affairs and related matters were more likely to participate in CODELs than other legislators.

«Personal Jurisdiction over Foreign Corporations in the United States,» Canadian Bar Association, Montreal, February 2007.

While the Israeli regulator has no jurisdiction over foreign territories, the general consensus was that allowing online firms in Israel to steal from people in other countries was not doing Israel's image any favors, and in the end, this activity was banned in October 2017.

Not exact matches

«Foreign investment from a lot of other jurisdictions is going to be really constrained over the next three to five years,» concurs Hodgson.

The vast majority of pornographic websites are in foreign countries, which the British government has no jurisdiction over.

Concerns over the universal jurisdiction tactic prompted Israel's former foreign minister Tzipi Livni to cancel a trip to Britain last year.

The charges in part read: «That you Col. Mohammed Sambo Dasuki whilst being National Security Adviser and Shaibu Salisu, whilst being the Director of Finance and Administration in the Office of the National Security Adviser and Hon. Waripamowei Dudafa (now at large) whilst bring Senior Special Assistant, Domestic Affairs to the President on or about 27th November within the jurisdiction of this Honourable Court entrusted with dominion over certain properties to wit: the sum of N10billion being part of the funds in the account of the National Security Adviser with the CBN, the equivalent of which sum you received from the CBN in foreign currencies to wit: $ 47million and $ 5.6 million Euros committed criminal breach of trust in respect of the said property when you claimed to have distributed same to the Peoples Democratic Party (PDP) Presidential Primary Election delegates and you thereby committed an offence punishable under Section 315 of the Penal Code Act, Cap 532, Vol.4, LFN 2004.

Joint jurisdiction over defence and foreign affairs could be decided by ministers from both parliaments or representative Scottish MSPs coming to Westminster only when key defence or foreign affairs votes need to take place.

Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.

Foreign governments argue Brussels is exceeding its legal jurisdiction by calculating the carbon cost over the whole flight, not just Europe.

The key benefits of such injunctions were the speed with which the English courts can decide upon the issue of jurisdiction and the ability to have the debate over jurisdiction in English rather than a foreign language without the need to instruct legal advisers in another country.

[77] In summary, the Chinese Court had jurisdiction over the matter which is the subject of the foreign judgment, the foreign judgment is final and conclusive, and there is no valid defence.

Isn't there a deeply problematic potential that comes with using international norms to work around the State Immunity Act, namely that individual states can use or even identify international norms, despite being debatable, to then assert foreign jurisdiction over others states?

The case established that the ATS provides jurisdiction over tort actions in such «foreign cubed» cases, brought by non-US plaintiffs against non-US defendants for violations of customary international law, including war crimes and crimes against humanity, committed outside the US.

GlobaLex covers over 100 jurisdictions in its «Foreign Law Research» guides section.

I think the decision is right, in that the grounds for taking jurisdiction to enforce a foreign judgment do not require the same connection with the requested court (ours) as would taking jurisdiction over the lawsuit itself.

Your foreign family member must make an application for a visitor visa to the US Embassy or Consulate that has jurisdiction over his or her place of residence abroad.

The database now contains over 160,000 cases from New Zealand's superior and specialist courts and tribunals, together with selected leading cases from foreign jurisdictions.

Two recent decisions suggest that Canadian courts are ever more inclined to assume jurisdiction over civil claims brought by foreign plaintiffs against Canadian multinationals operating abroad.

The case raised complex issues as to jurisdiction in an insolvency context and the significance of foreign proceedings in circumstances where the foreign court had no jurisdiction over the Administrators.

In all cases, the Ontario - based plaintiffs sought to have their claims tried in Ontario and in all cases the foreign defendants sought to stay the actions on the basis that Ontario courts did not have jurisdiction over the claims against them or, alternatively, on the basis that Ontario was not a convenient forum for those claims.

Earlier today, Canada's Supreme Court released a trilogy of long - awaited decisions in which it set universal rules on when courts across Canada can properly take jurisdiction over claims against foreign defendants.

In both cases, the Courts ruled that there was no jurisdiction over the Venezuelan sovereign entities under the Foreign Sovereign Immunities Act (FSIA).

2012), addresses the important international practice question of whether activity by a non-U.S. sovereign satisfies the «commercial activity» exclusion to the application of the Foreign Sovereign Immunities Act, thus permitting the federal courts to exercise subject matter jurisdiction over a matter.

In order for the foreign judgment to be registered, the AJA and FJA require that the foreign court should have had jurisdiction over the parties and the relevant issues in dispute according to English law principles.

1 / In intentional tort setting, a foreign defendant's conduct must be purposefully directed at a forum state for that state to exercise personal jurisdiction over the defendant;

Whether you're a citizen, foreign national or stateless, the state assumes jurisdiction over you, and all people and property in its geographical area of influence, under its recognized constitutional police power.

The plaintiff here alleged that the Northern District had original jurisdiction based on 28 U.S.C. § 1332 (a)(2)-- the diversity of citizenship statute that vests Federal courts with jurisdiction over claims between «citizens of a State and citizens or subjects of a foreign state.»

Clearly, a key component of the developments outside the U.S. is the question whether or not the U.S. courts will or will not exercise subject matter jurisdiction over these claims involving foreign investors.

But, if your contract was with the foreign holding company, rather than a U.S. incorporated subsidiary, then California courts would probably not have jurisdiction over it.

The landmark Bribery Act introduced clarity to corruption laws that had been in place for over 100 years and established far wider - ranging powers for criminalising the abuse of power in foreign jurisdictions by both corporate institutions and public officials.

You will require early considered Ontario legal advice whether or not to challenge the jurisdiction of the courts over legal proceedings commenced in Ontario involving you or your business, a foreign (to Ontario) defendant.

Essentially, as long as you are before the court and what you are asking for is not «illegal», the court has jurisdiction over any property, including land and interests in land — albeit via an «in personam» remedy, i.e.) telling the other party what to do with their foreign property.

A court may not recognize a foreign - country judgment if: the judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law, as determined by the court using standards developed by the American Law Institute and the International Institute for the Unification of Private Law to govern resolution of transnational disputes; the foreign court did not have personal jurisdiction over the defendant; or the foreign court did not have jurisdiction over the subject matter.

My feeling is that the Lords went as far out in the issue of foreign torture and the extension of national jurisdiction over crimes abroad as they are likely to go in some of the statements in the Pinochet case (Regina v. Bartle) at http://www.parliament.the-stationery-office.co.uk/pa/ld199899/ldjudgmt/jd990324/pino1.htm.

They each reflect Canadian courts» increasing inclination toward accepting jurisdiction over civil suits brought by foreign plaintiffs, who would otherwise be required to pursue their claims in a deficient, corrupt or unfair foreign judicial system.

In his reasons, Gascon J. maintains a clear distinction between jurisdiction over hearing a dispute at first instance and jurisdiction over enforcement of a foreign judgment.