Sentences with phrase «obligations under international treaties»

Not exact matches

IBFAN exerts pressure on national authorities to fulfil their obligations under international agreements and human rights treaties.
The Directive and UK domestic regulations give effect to obligations assumed independently by the UK under international treaties outside the EU framework (the Ramsar Convention on Wetlands of 1971 and the Bern Convention on Wildlife of 1979).
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.
When considering a special meaning of the expression «waters falling within the sovereignty» of Morocco as including Western Saharan waters, the Court pointed out that agreeing to such a special meaning would be contrary to the EU's obligations under international law, ie self - determination and the relative effect of treaties, stopping short of reprimanding the EU for potentially recognising Moroccan sovereignty over Western Sahara (Judgment paras 63, 71).
Canada is a party to the ICESPR and thus has obligations under international law to fulfill the commitments made under that treaty.
Eli Lilly would like to put an end to this, using Canada's international treaty obligations under NAFTA.
Generally speaking, treaty obligations stand on equal footing under international law.
Germany is in plain violation of its treaty obligations under the Hague Convention on the Civil Aspects of International Child Abduction (the «Hague Convention»).
Thus, the statutory meaning of the relevant provision was not to be restrictively interpreted because some of the activities made offences under the 2000 Act were criminalised as a result of the UK's international treaty obligations.
In an open letter to U.S. Secretary of State Condoleezza Rice in May 2006, this author vehemently protested what he asserted was Germany's noncompliance with its treaty obligations under the Hague Convention on the Civil Aspects of International Child Abduction.
Where an international obligation does exist, whether under a treaty or a rule of customary international law, a State is barred from invoking its internal law including its constitution.
Disregarding the relationship between the EU treaties and inter se treaties under international law, the CJEU safeguards the international law validity of inter se treaties, but imposes an EU law obligation on Member States to cure incompatibilities.
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.
Second, statutory incorporation of this kind does not necessarily override the significance of obligations under other international treaties as a matter of domestic law.
(100) Where there is ambiguity in the meaning of a statute, the Court has held that it should favour a construction which accords with the obligations of Australia under an international treaty.
Australia voluntarily assumed these treaty obligations, [10] and there are also principles arising under norms of international law.
While, for instance, responsibilities for education and health are shared between the Commonwealth, States and Territories, responsibility for record - keeping and access resides separately with each jurisdiction; that for juvenile justice and welfare lies with the States and Territories, and the Commonwealth has «special» responsibility for Indigenous people under s 51 (26) of the Constitution (the races power), as well as for Australia's international human rights obligations by way of its Executive power to ratify treaties and its power to «incorporate» them into domestic law under s 51 (29) of the Constitution.
The source of this broader obligation at international law in relation to Indigenous people is ICERD itself and the interpretation given to a state's obligations under this treaty.
Under section 51 (xxix) of the Constitution, the external affairs power, the Commonwealth has undoubted power to implement its international treaty obligations, including the ICCPR, and is accountable for failures of the states and territories to comply with these obligations.
The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter, Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such, Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind, Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust, Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind, Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests, Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources, Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States, Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur, Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs, Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment, Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world, Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well - being of their children, consistent with the rights of the child, Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character, Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States, Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights (2) and the International Covenant on Civil and Political Rights, 2 as well as the Vienna Declaration and Programme of Action, (3) affirm the fundamental importance of the right to self - determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self - determination, exercised in conformity with international law, Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoplinternational concern, interest, responsibility and character, Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States, Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights (2) and the International Covenant on Civil and Political Rights, 2 as well as the Vienna Declaration and Programme of Action, (3) affirm the fundamental importance of the right to self - determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self - determination, exercised in conformity with international law, Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoplInternational Covenant on Economic, Social and Cultural Rights (2) and the International Covenant on Civil and Political Rights, 2 as well as the Vienna Declaration and Programme of Action, (3) affirm the fundamental importance of the right to self - determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self - determination, exercised in conformity with international law, Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoplInternational Covenant on Civil and Political Rights, 2 as well as the Vienna Declaration and Programme of Action, (3) affirm the fundamental importance of the right to self - determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self - determination, exercised in conformity with international law, Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoplinternational law, Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoplinternational instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned,
[26] The extent to which Australia will be responsible in international law for violations of obligations owed under international treaties and customary law is thus minimised.
Where there is ambiguity, the Court has held, courts should favour a construction of a statute which accords with the obligations of Australia under an international treaty.
International obligations under treaties are heavily negotiated, end up being in very broad, general terms and therefore are capable of, in the different minds, applying in different situations.
[149] Consequently, where there is ambiguity [150] courts should interpret statutes in ways that accord with the obligations of Australia under an international treaty.
Australia's international obligation under human rights treaties is not to balance the rights of Indigenous people to have their culture and property rights protected against the needs or interests of developers.
Where there is ambiguity, statutes should be interpreted in ways that accord with the obligations of Australia under an international treaty (Chu Kheng Lim v Minster for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 at 38 per Brennan, Deane and Dawson JJ).
In the past year Australia's compliance with international human rights obligations has been under scrutiny by United Nations human rights treaty committees through consideration of Australia's periodic reports under four treaties.
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