Sentences with phrase «law by domestic courts»

The substantive advancement of women's rights by this decision aside, the judgment also tells us a tale of the reception of international law by domestic courts.

Not exact matches

He successfully argued that foreign and domestic investors had asserted viable «holder claims» seeking to recover investment losses due to their retention of already - owned shares in reliance upon the fraud, which is believed to be the first ruling by a U.S. court sustaining such a theory under English common law.

English courts have twice ruled that the allegations faced by Assange would constitute rape under domestic law.

This is protected by the European Court of Human Rights, and the Human Rights Act, which incorporates it into domestic law and allows courts in the UK to make sure local authorities and central government act in ways that protect people's rights.

Discharge types of debts singled out by the bankruptcy law for special treatment, such as child support and alimony (known as Domestic Support Obligations), student loans (but tuition is dischargable), court restitution orders, criminal fines, and some taxes.

This Puerto Rico law provides that, in all cases in which a person is accused of domestic violence or child abuse, the court shall, by petition of party, issue a protection order for the petitioner so that he / she be the sole custodian of the animal.

Because in this case both statutory decision makers (ie the Standards Board and the Adjudication Panel) comprise persons identified by Parliament «because of their experience knowledge and position to apply the relevant Code», therefore «absent an error of law the court is to pay considerable respect to the decision of what is an informed domestic tribunal».

The Court's contention that EU law provides for a complete system of remedies, or at least remedies «sufficient to ensure effective judicial protection for individual parties in the fields covered by EU law» (Case C - 64 / 16, para. 34) has to be understood as a formalistic conception in the sense that BITs clearly provide more complete and effective remedies to investors than EU law or domestic law — and this understanding has been at the heart of the reasoning of arbitral tribunals in cases where they have rejected the argument that intra-EU BITs are incompatible with EU law.

As noted, given that the criteria of state liability for non-contractual breaches are more strict under (in this case) domestic law, Spanish courts have rejected all compensation claims brought by the affected investors, whereas some of the tribunals dealing with the ECT claims have awarded sizeable compensation to the claimants.

Lord Mance's judgment considers there to be three types of foreign state aid rule: one of private international law; one precluding domestic courts from questioning the validity of a foreign state's sovereign act in respect of property in its jurisdiction; and domestic courts will treat some categories of sovereign act by a foreign state as non-justiciable.

The pilots aim to integrate and amplify existing efforts by legal aid organizations, courts and other service providers to help more people facing eviction, domestic violence and other civil law issues.

In addition to recognising the doctrine in substance, the Supreme Court even goes as far as to use both these terms by name by referring to the «primacy of EU law» at Paragraph 66 and the «overriding supremacy» of the source of EU law in the hierarchy of domestic law sources at Paragraph 81.

Therefore, through the recognition of the primacy of EU law norms, but with the crucial qualification that such primacy is conditional on the constitutional authorisation of the domestic legal order in accordance with Parliamentary Sovereignty, the majority of the Supreme Court justices justify their claim that «we would not accept that the so - called fundamental rule of recognition (ie the fundamental rule by reference to which all other rules are validated) underlying UK laws has been varied by the 1972 Act or would be varied by its repeal» [Paragraph 60].

The provision continues by stating that in «doing so, the Tribunal shall follow the prevailing interpretation given to the domestic law by the courts or authorities of that Party and any meaning given to domestic law by the Tribunal shall not be binding upon the courts or the authorities of that Party.»

The court acknowledged that while the construction of an insurance contract is governed by the domestic law, not EU law, it reaffirmed two well established principles:

The Supreme Court held that, when the United Kingdom Parliament enacted the European Communities Act 1972, it created a «conduit pipe» whereby EU law created by the institutions of the European Union is constituted as an «entirely new, independent and overriding source of domestic law» [Paragraph 80].

Furthermore, ICS in CETA does not require the exhaustion of domestic remedies, which would soften the risk of divergent interpretation as well as respect the powers of the courts of the Member States to hear claims by individuals involving questions of EU law.

In his short judgment, Justice Steel also agreed that a judgment issued by the DIFC Courts on recognition and enforcement of a foreign judgment «is in fact a domestic judgment and accordingly falls within the scope of Article 7 (2) of the Judicial Authority Law.»

It is anticipated that the new law will provide a properly structured procedural framework for domestic and international arbitrations seated in the UAE, with clear rules on when an award may be challenged, as well as easing the route to enforcement of awards by giving arbitration awards the status of court judgment which can be ratified in the UAE Courts (thereby avoiding lengthy enforcement proceedings).

In so doing, the Tribunal «shall follow the prevailing interpretation given to the domestic law by the courts and authorities of that Party and any meaning given to domestic law by the Tribunal shall not be binding upon the courts or the authorities of that Party» (Article 8.31 CETA).

(i) where there is a breach of a right afforded under EU law, article 47 of the Charter is engaged; (ii) the right to an effective remedy for breach of EU law rights provided for by article 47 embodies a general principle of EU law; (iii)(subject to exceptions which have no application in the present case) that general principle has horizontal effect; (iv) in so far as a provision of national law conflicts with the requirement for an effective remedy in article 47, the domestic courts can and must disapply the conflicting provision; and (v) the only exception to (iv) is that the court may be required to apply a conflicting domestic provision where the court would otherwise have to redesign the fabric of the legislative scheme.

In applying the criteria laid out by the Court, the AG pays little attention to the fact that the tribunals are set up by an international agreement rather than through domestic law, to the ad - hoc nature of ISDS, and to the long - held criticism that ISDS arbitrators lack the basic judicial safeguards for judicial independence.

Even though the «Child's Best Interests Principle» is considered by every country while deciding child issues, due to the differences in domestic laws and judicial practice, the biggest difficulty is how to enforce the decisions ruled by courts from other legal jurisdictions by the actualities in China.

Family law, sometimes known as «domestic law,» is a broad area of legal practice covering any situation in which family relationships must be formalized, regulated, monitored or dissolved by North Carolina's family courts.

The arrest warrant was issued by the International Criminal Court (ICC) for crimes against humanity but, assuming the crimes of which he is accused also violate the domestic law of Libya, he could be tried either in Libya or by the ICC in the Hague.

Nevertheless, when the law requires recognition by the local courts regarding the enforcement and validity of an international award, creating an unnecessary distinction vis - à - vis domestic awards, this objective is jeopardized.

Thanks to a $ 100,000 subgrant of federal STOP grant funds awarded by the Director of State Courts Office, Christine Ann Domestic Abuse Services in Oshkosh has begun funding legal representation for victims of domestic violence who need representation in family law Domestic Abuse Services in Oshkosh has begun funding legal representation for victims of domestic violence who need representation in family law domestic violence who need representation in family law matters.

He introduced the case by putting the issue very simply «The question before this Court concerns the steps which are required as a matter of UK domestic law before the process of leaving the European Union can be initiated.»

The national law of the Executing State may provide that authorisation by a domestic court is required (Article 2 (d) of Directive 2014 / 41 / EU).

The court administrator must meet additional requirements imposed by The Domestic Violence Act and amendments to the drug laws.

The arbitration panels, which operate as alternatives to domestic court systems, have been criticized by labor and environmental groups as giving corporations — and only corporations — a way to circumvent domestic laws and regulations.

The argument was rebuffed and, despite Campbell reaching the European Court in MGN Ltd v United Kingdom [2011] ECHR 39401 / 04, the domestic courts have remained faithful to the finding made by the law lords (see Moore - Bick LJ in Sousa v London Borough of Waltham Forest Council [2011] EWCA Civ 194 (paras 54 and 55)-RRB-.

It would preclude references to the Court of Justice of the European Union, and not require UK domestic courts to take account of post-Brexit EU law, despite the fact that the UK may continue to be effectively bound by EU law during the transitional period.

At present, a distinction is often drawn between restrictions imposed by European legislation, for example on habitat protection, and that offered by domestic law; European requirements are often shown greater deference by decision makers, and by the courts when discretion to quash (in judicial and statutory review cases) is considered.

These rules amend the Family Proceedings Rules 1991 following the amendment of the Family Law Act 1996 by the Domestic Violence, Crime and Victims Act 2004 to provide that breach of a non-molestation order is a criminal offence and to limit the power of the court to attach a power of arrest to an occupation order only.

In particular, it offers us clues for comparatively studying how high courts negotiate the tension between progressive international legal commitments and, frankly, backward domestic laws tacitly backed up by the domestic legislature and executive.

Of course, Parliament's latitude is limited by EU law where relevant, and in Unison the Supreme Court held that the Fees Order was unlawful not only as a matter of domestic law but also as a matter of EU law.

[18] Lord Mance himself (writing for a group of four judges on a seven - judge court) found it, in the context of a decision stripping a British national of citizenship (with the corollary that he would also lose the benefits of being a European Union national), «improbable that the nature, strictness or outcome of such a review would differ according to whether it was conducted under domestic principles or whether it was also required to be conducted by reference to a principle of proportionality derived from Union law».

It is generally agreed — albeit from very different theoretical perspectives — and supported by considerable case - law, that functional immunity can not apply in cases where State officials have allegedly committed international crimes, neither before a domestic nor before an international criminal court.

Such general principles can, however, be drawn upon by domestic courts when determining post-exit questions about (for instance) the meaning of retained EU law.

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The family court judge stated in the Montgomery case that the trust inherent in a domestic relationship, when breached by one partner deliberately harming the other, should be likewise recognized in family law through an elevated aggravated damage award.

Historically, courts viewed the choice - of - law in the context of privilege as a matter of procedure that should be governed by the laws of the forum (ie, based on domestic privilege principles).

If a court wants to transfer certain kinds of federally regulated retirements assets titled in the name of one spouse to another spouse in the course of a divorce, this is only effective if the Court follows the exacting requirements of a «qualified domestic relations order» (similar requirements apply to both federal government employee benefits and to private pension plans governed by ERISA which is a federal law with broad pre-emptive effect over private pension court wants to transfer certain kinds of federally regulated retirements assets titled in the name of one spouse to another spouse in the course of a divorce, this is only effective if the Court follows the exacting requirements of a «qualified domestic relations order» (similar requirements apply to both federal government employee benefits and to private pension plans governed by ERISA which is a federal law with broad pre-emptive effect over private pension Court follows the exacting requirements of a «qualified domestic relations order» (similar requirements apply to both federal government employee benefits and to private pension plans governed by ERISA which is a federal law with broad pre-emptive effect over private pension law).

If the claim is justiciable and within the proper bounds of the court's role, the exercise by the Crown of its prerogative power is consistent with domestic constitutional law.

«When national courts apply domestic law, they are bound to interpret it, so far as possible, in the light of the wording and the purpose of the directive concerned in order to achieve the result sought by the directive and consequently comply with the third para of Art 249 EC (see Joined Cases C - 397 / 01 to C - 403 / 01 Pfeiffer and Others [2004] ECR I - 8835, para 113, and the case - law cited).

Although our national courts have jurisdiction when it comes to interpreting our domestic law and the impact on it of Community law, s 3 of ECA 1972 requires them to do so by applying the relevant rulings of ECJ.

If these appeals proceed, the Supreme Court will have to grapple with what appears to be a growing divergence between our domestic law in this area and the more generous provision required by the European Motor Vehicle Insurance Directives.

The court said it was clear that in enacting ECA 1972 Parliament intended to introduce EU law into domestic law in such a way that it could not be undone by exercise of Crown prerogative.

The LLM in International Human Rights is designed for students with JDs or law degrees from other countries who wish to undertake an in - depth study of the norms and methods of international human rights law and international criminal law and their implementation by international courts and organizations and in domestic legal systems.