Sentences with phrase «public international law obligations»

Western Saharan Campaign UK v. (1) HMRC and (2) Minister for Environment Food and Rural Affairs [2016] 1 C.M.L.R. 36 Junior Counsel for the Claimant in challenge to legality of the EU - Morocco Association Agreement and the EU Morocco Fisheries Partnership Agreement on grounds of incompatibility with public international law obligations of the EU.

Western Saharan Campaign UK v. (1) HMRC and (2) Minister for Environment Food and Rural Affairs (High Court)[2016] 1 C.M.L.R. 36 Junior Counsel for the Claimant in challenge to legality of the EU - Morocco Association Agreement and the EU Morocco Fisheries Partnership Agreement on grounds of incompatibility with public international law obligations of the EU.

Not exact matches

In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law.

Nor, as I understand matters, does IPCC's adoption of the resolution saying that «IPCC considers its draft reports, prior to acceptance, to be pre-decisional, provided in confidence to reviewers, and not for public distribution, quotation or citation» create an obligation under Canadian or international law that requires me to comply with your request to remove discussion of IPCC drafts from Climate Audit.

«Should it ever be determined that there existed an inconsistency between the ECT and EU Law», observed the Tribunal in RREEF Infrastructure, «the unqualified obligation in public international law of any arbitration tribunal constituted under the ECT would be to apply the formLaw», observed the Tribunal in RREEF Infrastructure, «the unqualified obligation in public international law of any arbitration tribunal constituted under the ECT would be to apply the formlaw of any arbitration tribunal constituted under the ECT would be to apply the former.

The Code states that there is an > overarching duty on ministers to comply with the law, including international law and treaty obligations and to uphold the administration of justice and to protect the integrity of public life.

At the outset it should be stressed that the immunity given to the defendant had been given solely in order to comply with the UK's obligations under public international law, namely the 1947 Convention.

Most are also being co-financed with other multilateral development institutions, so the governing law for the financing agreements is public international law given the treaty obligations involved.

The matter involves a variety of complex legal issues (international public law, constitutional law, property law, obligation law, financial law, USSR law).

Notwithstanding the above, recognition and enforcement has been refused on grounds of public policy for the following reasons: the award was obtained by fraud (see Westacre Investments Inc v Jugoimport - SPDR Holding Co Ltd [1999] 2 Lloyd's Rep 65 (CA) and Tamil Nadu Electricity Board v ST - CMS Electric Company Private Ltd [2008] 1 Lloyd's Rep 93); the award was tainted by illegality (Soleimany v Soleimany [1998] 3 WLR 811); the underlying agreement was contrary to principles of EU law, in particular competition law as set out in Articles 101 and 102 of the TFEU (Eco Swiss China Time Ltd v Benetton International NV (1999)(Case C - 126 / 97); and the award was unclear as to the obligations imposed on the parties (Tongyuan (USA) International Trading Group v Uni-Clan Ltd (2001, unreported, 26 Yearbook of Commercial Arbitration 886).

For example, although homeless people were successful in their Charter claim in Victoria (City) v Adams, this judicial bias is evident even in that case — the first to consider the relevance of international human rights law, including concerns and recommendations from the CESCR, to section 7 of the Charter.284 The BC Court of Appeal in Adams upheld the trial judge's decision that the City of Victoria was violating homeless persons» constitutional rights to life, liberty and security of the person by prohibiting them from erecting temporary overhead shelters in public parks.285 However the Court of Appeal was insistent on framing its decision as a negative «restraint» on government, rather than as a positive obligation.

And EU law — unlike general public international law — also imposes obligations and confers rights directly on individuals.

the court found, as a matter of law, exclusive native rights offshore would be inconsistent with other common law rights of the public to navigate tidal waters and to fish, and with the international law obligations to allow innocent passage of shipping in territorial seas.

Justice Olney and all the members of the Federal Court found that the common law could not recognise an exclusive native title right to control access because this would conflict with the public right of navigation and Australia's international obligation to permit innocent passage of ships through Australia's territorial seas.