In his final advice to the government on March 17 2003, Lord Goldsmith said the use of force was
legal under international law and removed the equivocations and doubts contained in his earlier statement.
Not exact matches
Both Canada and Mexico intend to export medical marijuana to the U.S., a
legal practice
under international law.
In September, Roskomnadzor warned CNN
International over alleged violations of Russian media
law.101 In October, the Ministry of Justice warned Radio Svoboda and Nastoyashcheye Vremya — the Russian - language outlets of U.S. - funded Radio Free Europe / Radio Liberty (RFE / RL)-- about the possibility of being designated as foreign agents.102 These warnings were apparently aimed at preparing a
legal basis for countermeasures if the United States required Kremlin mouthpieces RT and Sputnik to register as foreign agents
under the Foreign Agents Registration Act (FARA).
Both Mexico and Canada have legalized medical marijuana nationally and intend to begin exporting the drug, a
legal activity
under international law.
Although I dispute his apparent view that recognized» as opposed to fanciful» norms of
international law or codes of professional conduct would restrict actual practice
under the regimen ridiculously called «enhanced interrogation,» as described in the Office of
Legal Counsel memoranda profligately disclosed by the current administration, I have nothing against «conscientious reflection» on the issue and lively discussion of it.
Likewise, it is not, in general, possible to apply principles of
international law to a dispute to determine if something is or is not
legal under...
Stateless vessels upon the high seas do not enjoy the
legal protection accorded to flagged ships
under international law.
Hague explained: «Given our need to fulfil our obligations
under international law to deliver a suspect for questioning on serious offences, we have ensured that the Ecuadorian authorities have a complete understanding of the full
legal context in this country.»
Mr Miliband said the organisation's work was «completely
legal under Russian and
international law» and added «it is very important to defend the integrity of officials in the work they are doing».
«All government in Nigeria at all levels are
under legal and moral obligation even above citizens to obey the
law of the land and all part of
international law binding on her.
The State Department's
legal theory is that
international agreements lacking new and material
legal obligations are not treaties
under United States
law, and therefore need not undergo the Senate's advice and consent process.
Instead of serving up an all - encompassing formal treaty that requires ratification of a certain mix of countries to take effect
under international law, an agreement's
legal force on emissions could stem from domestic
laws countries pass to implement the emission - control efforts they pledge.
The movement to make ecocide a crime against peace
under international law, led by UK - based lawyer Polly Higgins, as well as efforts to grant
legal rights to Mother Earth, such as Bolivia has done, is exactly where we need to be going in terms of the highest level of environmental thinking: Recognizing that destroying whole swaths of the planet, with little to no concern for the effect on all the creatures that live upon it, is not just unethical, unacceptable behavior, but is also a crime, a crime against humanity, a crime against life itself.
Nor am I aware of any
legal authority or case
law under Canadian or
international law that entitles you to require me to remove the discussion at Climate Audit.
If I am incorrect in my interpretation of your email and it is your view that I am obligated
under either Canadian or
international law to comply with your request, I would appreciate it if you would explain the basis of your
legal theory.
While he has been Attorney - General, however, the single most noted
legal position represented by Mr. Mukasey in his public appearances and statements is his consistent refusal to acknowledge the illegality —
under international and domestic
law — of waterboarding and other extreme forms of interrogation practiced in the past by the current Administration.
A
legal challenge is being filed at the Federal Court of Canada, arguing that the federal government's cuts to refugee health care are unconstitutional, and in breach of Canada's obligations
under international law.
«These cuts are inconsistent with Canada's basic
legal obligations
under domestic and
international law».
The Canadian Cross-Border
Legal Coalition currently has teams of lawyers and
law students on call at Toronto Pearson (YYZ), Montreal's Pierre - Elliott Trudeau Airport (YUL), Vancouver
International Airport (YVR), and Ottawa's Macdonald - Cartier
International Airport (YOW) to assist any travelers unsure about their status
under the ban and to ensure that anyone who has been legally cleared to travel can do so freely.
There is no place in a
legal text for a number that has meaning
under international copyright
law that you know does not represent the number of potential beneficiary persons with print disabilities worldwide when you know that number does not represent the number of print disabled persons worldwide.
Must, or should, a declaration permitted
under an
international convention be expressly «implemented» in Canadian
law, or is implementation of the convention as a whole sufficient to give
legal effect not only to the convention but also to any declaration made by Canada?
Within the past decade, banking and insurance companies have hired historical
legal experts and spent a lot of time litigation over the US Federal Court system's power to issue equitable remedies such as the Mareva injunction and equitable liens to seize assets in federal litigation; the Alien Torts Act which has been used by
international human rights organizations had its breadth restricted by use of 18th century views of the «
law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative
law has come
under assault by dissents of Justice Thomas arguing that the «Chevron» doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers doctrine as it was understood at the time of the country's founding.
In other words, the Court does not agree with the Belgian government, which argues that it is obvious that visa - applications submitted
under the Visa Code should not be dealt with
under EU
law if the applicants» aim is to prolong their
legal stay beyond 90 days on arrival in the Member State they applied to through an application for
international protection.
That sphere of EU
law — a core focus in this book — displays some of the European Union's most distinctive features that differentiate that
legal order from the framework of
international trade
law under the WTO.
Advising an
international organization that functions as a Central Bank on its
legal personality and immunity
under both
international law and UK
law and on UN and UK economic sanctions
Bill is also the author of the Canada Chapter in Media, Advertising and Entertainment
Law Throughout the World published and updated annually by Thomson Reuters, and a number of published articles on
legal topics such as Merger and Acquisitions representations, Cultural Industries
under the FTA,
International Commercial Arbitration and Equipment Leasing.
LRW professors may legitimately ask why foreign or
international law should take priority over other
legal issues that may also be neglected in the first year.90 For example, lawyers in practice often face issues arising
under regulations but administrative
law is rarely the focus in most LRW courses.
The whole point of an article 218 (11) reference, moreover, was «to forestall the
legal complications caused by situations in which the Member States enter into
international commitments without the requisite authorisation when,
under EU
law, they no longer have the necessary legislative competence to put those commitments into effect» (para 47).
It outlines how a proper case for self - defence was not made in respect to necessity and proportionality, and Canada's NATO obligations were therefore improperly invoked
under international law, points that have been raised before by other
legal academics.
Therefore, any Swiss internal investigation or
international internal investigation with a Swiss angle needs to carefully assess at the outset the requirement for confidentiality and the scope of the
legal privilege
under Swiss
law available and to structure the investigation accordingly.
This line of argument, then, seems to lead to a duty —
under EU
law — to interpret treaties in accordance with
international law: after all, the GC's
legal interpretation of the Agreement in which it failed to take
international law into account led to an error in
law.
Section 2 (c) of the Act defines the term «
International Commercial Arbitration» and it means an Arbitration relating to disputes arising out of
legal relationships, whether contractual or not, considered as commercial
under the
law in force in Bangladesh and where at least one of the parties is: (i) an individual who is a national of or habitually resident in, any country other than Bangladesh; or (ii) a body corporate which is incorporated in any country other than Bangladesh; or (iii) a company or an association or a body of individuals whose central management and control is exercised in any country other than Bangladesh, or (iv) the Government of a foreign country.
A
legal challenge has been launched in the Federal Court of Canada, arguing that the federal government's cuts to refugee health care are unconstitutional, and in breach of Canada's obligations
under international law.
She drafted Opinions, «Rule 36» indications
under the Commission's Rules of Procedures and prepared Observations in response to UK Government's Observations; and conducted a joint seminar, which related to case studies on
international human rights
law to
legal practitioners and non-governmental organisations.
For example, in 1998, the SCC was asked by the federal government to opine on whether it was
legal,
under either Canadian or
international law, for Québec to unilaterally secede from Canada Interested parties can apply to the Court to make submissions as interveners.
Filed
Under:
legal awards,
legal publishing,
legal surveys Tagged With:
International Law Office, Lexology
For example, in 1998, the SCC was asked by the federal government to opine on whether it was
legal,
under either Canadian or
international law, for Québec to unilaterally secede from Canada (Reference re Secession of Québec, [1998] 2 SCR 217).
Still, there is one chapter that I would particularly recommend, at least if you have some basic affinity for
legal theory: George Pavlakos and Joost Pauwelyn's «Principled Monism and the Normative Conception of Coercion
Under International Law «(pp. 317 - 341).
[s] ome of the topics for discussion include an analysis of the UGC [user - generated content] exception
under Canadian copyright
law, the interaction of the UGC exception with fair dealing, specific
legal aspects of fan fiction and appropriation art, and whether the UGC exception is in conformity with
international treaty standards.
Hence, the most likely outcome would be the separation of Scotland from the UK to create an entirely new entity
under international law known as the successor state, while «rUK» would continue to exist and would retain the
legal identity of the UK, known as the continuator or predecessor state.
While we will be featuring posts over the coming days on this award that dissect and analyze the award, its
international legal significance, and its larger geopolitical consequences for all claimants to the South China Sea dispute and third - party actors (such as the United States), for now, a close read of all 479 pages of this arbitral award reveals it to be an extremely rich and fertile piece of
international jurisprudence, one that will certainly have far - ranging doctrinal impacts as an
international judicial decision that is also an authoritative subsidiary means for determination of the
international law rules
under UNCLOS, especially on questions such as the: 1) normative weight of «historic rights» and differentiating the same from «historic title» and «historic rights short of sovereignty», and clarifying what could still possibly amount to historic rights that States could still validly assert within the UNCLOS treaty regime;
He is also listed in the Canadian
Legal LEXPERT Directory
under Environmental
Law and Property Development and is listed in the
International Who's Who of Business Lawyers,
under Environment, Euromoney's Guide to the World's Leading Environmental Lawyers and the National Post-Best Lawyers in Canada directory, among other listings.
Under a public
law approach to
international investment
law, parallel problématiques in domestic public
law and in other
international legal regimes should be studied in order to resolve investor - State disputes in ways that are acceptable to all stakeholders.
* The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe - Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown
International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown Mexico, S.C., a sociedad civil formed
under the
laws of the State of Durango, Mexico; Mayer Brown JSM, a Hong Kong partnership and its associated
legal practices in Asia; and Tauil & Chequer Advogados, a Brazilian
law partnership with which Mayer Brown is associated.
While at this point there is not yet a crystal clear general
legal requirement in Canadian
law to consult with Indigenous peoples on the negotiation and ratification of
international treaties, a number of «modern'treaties, called comprehensive land claims settlements, include explicit obligations on Canada to consult with the Indigenous party in advance of new
international treaties that might affect rights
under these agreements.
These depend on identifying the
legal effects of an incompatibility of a Member State
international agreement with EU
law, which creates different obligations on different actors
under different
legal orders.
There are published papers and reports (e.g. «Hate Speech Rules
Under International Law, February 2010 «-RRB- and a section on
Legal Work, containing... [more]
Legal claims brought against a Sovereign State or its instrumentalities by a foreign investor under a bilateral or multilateral investment treaty, or a contract or a domestic investment law, require a legal team of the highest international caliber: with great expertise in international law, a deep understanding of the civil and common law systems, extensive experience in the various fora and rules under which claims are raised, an enhanced capability to analyze complex facts and industries, broad language abilities, and sensitivity to political and cultural issues in the various regions of the w
Legal claims brought against a Sovereign State or its instrumentalities by a foreign investor
under a bilateral or multilateral investment treaty, or a contract or a domestic investment
law, require a
legal team of the highest international caliber: with great expertise in international law, a deep understanding of the civil and common law systems, extensive experience in the various fora and rules under which claims are raised, an enhanced capability to analyze complex facts and industries, broad language abilities, and sensitivity to political and cultural issues in the various regions of the w
legal team of the highest
international caliber: with great expertise in
international law, a deep understanding of the civil and common
law systems, extensive experience in the various fora and rules
under which claims are raised, an enhanced capability to analyze complex facts and industries, broad language abilities, and sensitivity to political and cultural issues in the various regions of the world.
Many clients working on cross-border matters are indifferent as to the
legal structure their
law firms operate in, whether that be a fully financially integrated
international firm, a Swiss verein (which is effectively an association of
law firms operating
under a common brand and with a level of management and strategic co ordination, but usually without full profit - sharing between the member firms), an association, a network or a best friends arrangement.
The two clear indications of practicing Chinese
law would include appearing in front of a Chinese court and they can not give
legal opinions
under Chinese
law,» said another
international lawyer.