At its heart, IIAPP offers a database of summaries of some 150 cases brought by investors against
states under treaties channelling disputes into less costly arbitration.
Not exact matches
Britain, Ireland and Denmark are already exempt from carrying out the plans
under EU
treaties, but many of the other 25 member
states reject quotas
under pressure from anti-immigrant parties.
The delicate, potentially deadly dismantling of nuclear warheads at Pantex, while little noticed, has grown increasingly urgent to keep the United
States from exceeding a limit of 1,550 warheads permitted
under a 2010
treaty with Russia.
The
treaties we possess from the Hittites (an ancient Indo - European people who once inhabited what is now the modern
state of Turkey) established the way these suzerains interacted with the city -
states under their control.
This Constitution, and the Laws of the United
States which shall be made in Pursuance thereof; and all
Treaties made, or which shall be made,
under the Authority of the United
States, shall be the supreme Law of the Land; and the Judges in every
State shall be bound thereby, any Thing in the Constitution or Laws of any
State to the Contrary notwithstanding.
This Constitution, and the laws of the United
States which shall be made in pursuance thereof; and all
treaties made, or which shall be made,
under the authority of the United
States, shall be the supreme law of the land; and the judges in every
state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstan
state shall be bound thereby, anything in the Constitution or laws of any
State to the contrary notwithstan
State to the contrary notwithstanding.
In the days following the end of the DNC, Trump has picked a fight with that aforementioned «Gold Star» Muslim - American family; he has called on the
state of Russia to «hack» into the Clinton campaign's email server; he has put into question America's resolve to affirm its
treaty obligations to its NATO allies; he has first refused, and then
under pressure accepted, to endorse the highest - ranking official of his own party, Speaker of the House Paul Ryan; and he has even begun to
state that the election results this November may «be rigged.»
The Geneva Convention allows them to be «detained or prosecuted
under the domestic law of the detaining
state for such action; subject of course to international
treaties on justice and human rights such as everyone's right to a fair trial.»
If the Commission considers that a Member
State has failed to fulfil an obligation
under the
Treaties, it shall deliver a reasoned opinion on the matter after giving the
State concerned the opportunity to submit its observations.
The examination of a
state's report
under a
treaty can provide an occasion for exerting international pressure on the
state (McQuigg, 813).
The judicial Power shall extend to all Cases, in Law and Equity, arising
under this Constitution, the Laws of the United
States, and
Treaties made, or which shall be made,
under their Authority; — to all Cases affecting Ambassadors, other public Ministers and Consuls; — to all Cases of admiralty and maritime Jurisdiction; — to Controversies to which the United
States shall be a Party; — to Controversies between two or more
States; — between a
State and Citizens of another
State; — between Citizens of different
States; — between Citizens of the same
State claiming Lands
under Grants of different
States, and between a
State, or the Citizens thereof, and foreign
States, Citizens or Subjects.
First, international agreements (regardless of their title, designation, or form) whose entry into force with respect to the United
States takes place only after two thirds of the U.S. Senate has given its advice and consent
under Article II, section 2, Clause 2 of the Constitution are «
treaties.»
The agreement for the most part does not obligate the United
States under international law — though it does include some procedural components that are legally binding and that the administration says are supported by prior
treaties.
The United
States has decided not to use nuclear weapons against nonnuclear countries as long as they comply with their nonproliferation commitments
under different international
treaties.
As Secretary of
State under President Ronald Reagan, George Shultz helped negotiate the most successful global environmental
treaty to date: the Montreal Protocol, which phased out the use of chlorofluorocarbons and other ozone - depleting chemicals.
The administration granted waivers to
states such as New York, New Mexico, and Oklahoma failed to consult with American Indian tribes on waiver plans as required by the administration's own rules for the waiver process, Article I, Section 8 of the U.S. Constitution, and
under treaties between tribes and
states themselves.
Further, the Tribunal observed that, though relief is not available for
state income taxes paid
under the India - US tax
treaty (tax
treaty), the relief is available
under Section 91 read with Section 90 of the Act.»
Nothing in these Terms constitutes a waiver of any rights
under copyright laws, trademark laws or any other federal,
state or local law, regulation, ordinance or
treaty or a waiver of moral rights.
This website is
under the copyright protection of the Intellectual Property Laws of the
State of New York, the United
States and International
Treaties.
Some within the administration, as well as several Democratic committee chairs on Capitol Hill, urged that the United
States take the lead in calling for the elimination of HFC's
under the
treaty.
The rest is well worth reading — from the media strategy to the keystone point, made repeatedly in Copenhagen by the United
States, that from here on in there are two kinds of developing countries and that «advanced developing countries» (meaning China) «must be part of any meaningful solution to climate change including taking responsibilities
under a legally binding
treaty.»
Dec. 7, 1:11 a.m. Updated below With the latest round of contentious international climate
treaty negotiations getting
under way in Durban, South Africa, it's worth revisiting what would be required to meet ambitious targets set for greenhouse gases in California, a
state that already has pledged meaningful action.
That approach contrasts with the strategy tried, in vain,
under two decades of international negotiations aimed at building a comprehensive and binding
treaty, and, in the United
States, a lost decade aimed at passing a «comprehensive» climate bill.
Given that in ratifying the United Nations Framework Convention on Climate Change (UNFCCC) the United
States in 1992 agreed
under Article 3 of that
treaty to not use scientific uncertainty as an excuse for postponing climate change policies, do you believe the United
States is now free to ignore this promise by refusing to take action on climate change on the basis of scientific uncertainty?
Given that in ratifying the United Nations Framework Convention on Climate Change (UNFCCC) the United
States and almost every country in the world in 1992 agreed
under Article 3 of that
treaty to not use scientific uncertainty as an excuse for postponing climate change policies, do you believe the United
States is now free to ignore this promise by refusing to take action on climate change on the basis of scientific uncertainty?
With a global climate
treaty under negotiation and legislation pending in the United
States, the climate panel has found itself in the political cross hairs, its judgments provoking passions normally reserved for issues like abortion and guns.
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.
The decision by the United
States to negotiate a future
treaty under the auspices of the Framework Convention has left the Howard Government stranded.
This program was started
under the Kyoto Protocol, a
treaty the United
States did not ratify, so why should tax payer dollars be used to support a program the United
States did not ratify.
It must be replaced by self - sacrifice for the good of other species — our «fellow biota» — and for the good of the planet,
under the auspices of international
treaties and a nascent Global Socialist
State: the UN.
Conversely, ten of the intervening
States, in addition to the Council and Commission, argued that the CJEU had «no power
under Article 267 to assess the validity of provisions of the
Treaties».
I doubt that any legal system could extend the generous remedy made available to foreign investors
under the
treaties to all investors or indeed to all persons, each of whom can also be treated unfairly and inequitably by the
state.
That the bill presents a case for judicial consideration arising
under the laws of the United
States and
treaties made
under their authority with the Cherokee Nation, and which laws and
treaties have been, and are threatened to be still further, violated by the laws of the
State of Georgia referred to in this opinion.
The U.S.
State Department publishes annual reports to Congress on the compliance by U.S.
treaty partners of their obligations
under the Convention.
An investor -
State tribunal, chaired by Neil Kaplan QC, has ruled that it has no jurisdiction to hear Turkcell's claims against the Islamic Republic of Iran
under the Turkey - Iran bilateral investment
treaty.
This includes inter-
state litigation in relation to commercial contracts, the interpretation of treaties and state immunity under the State Immunity Act 1978, particularly in the context of enforcement of arbitration awards against st
state litigation in relation to commercial contracts, the interpretation of
treaties and
state immunity under the State Immunity Act 1978, particularly in the context of enforcement of arbitration awards against st
state immunity
under the
State Immunity Act 1978, particularly in the context of enforcement of arbitration awards against st
State Immunity Act 1978, particularly in the context of enforcement of arbitration awards against
states.
In Item 128 of the ECJ opinion it
states, in part, that following the EU Ratification of the Marrakesh Treaty, Member States:»... would henceforth be required to provide for such an exception or limitation under Article 4 of that treaty.&
states, in part, that following the EU Ratification of the Marrakesh
Treaty, Member
States:»... would henceforth be required to provide for such an exception or limitation under Article 4 of that treaty.&
States:»... would henceforth be required to provide for such an exception or limitation
under Article 4 of that
treaty.»
It is not through the invocation of a substantive electoral right contained in the
Treaties that Member
States are restricting that the issue falls within Union law — rather it is an implicit obligation contained in Article 14 (3) TEU as reflected in the 1976 Act that elections be universal and direct; it is a general obligation placed on Member
States to ensure the democratic integrity of EP elections that catches electoral law and subjects it to review
under the Charter.
Should a Member
States «court of last instance nonetheless submit a question within the scope of EU law to the ECtHR without being entitled to do so
under the acte - clair - doctrine, proceedings for infringement of the
Treaties could be engaged against that Member
State based on Art. 258 f. TFEU.
Under Article 260 TFEU if the ECJ finds that a Member State has failed to fulfil an obligation under the Treaties, «the State shall be required to take the necessary measures to comply with the judgment of the Court.&r
Under Article 260 TFEU if the ECJ finds that a Member
State has failed to fulfil an obligation
under the Treaties, «the State shall be required to take the necessary measures to comply with the judgment of the Court.&r
under the
Treaties, «the
State shall be required to take the necessary measures to comply with the judgment of the Court.»
The monopoly of dispute settlement maintained by the EU courts
under Art. 344 TFEU obliges the Member
States to settle disputes concerning the interpretation or application of the
Treaties by no other means than the ones provided for in the latter and thereby strengthens the jurisdictional order of competences within the EU.
The reference to «joint responsibility» has also been described as sitting uneasily with the requirement
under Article 1 of Protocol No 8 to the EU
Treaties to establish «mechanisms necessary to ensure that proceedings -LSB-...] are correctly addressed to Member
States and / or the EU as appropriate» (for further discussion, see the ESIL Reflection by Judge Gaja of the ICJ).
The United
States could sign a
treaty with Canada
under which it undertook to eradicate the death penalty throughout the nation.
This Constitution, and the laws of the United
States which shall be made in pursuance thereof; and all
treaties made, or which shall be made,
under the authority of the United
States, shall be the supreme law of the land; and the judges and other public officials in every
state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstan
state shall be bound thereby, anything in the Constitution or laws of any
State to the contrary notwithstan
State to the contrary notwithstanding.
The large commercial software company
states the following on their copyright and trademarks page «This work is protected under United States copyright law and other international copyright treaties and conventions.&
states the following on their copyright and trademarks page «This work is protected
under United
States copyright law and other international copyright treaties and conventions.&
States copyright law and other international copyright
treaties and conventions.»
Therefore, Dentons offered a creative solution: pursue damages
under the bilateral investment
treaty between the
state in question and the country where the engineering company is headquartered.
This isn't malicious as the United
States will only sign extradition
treaties where the crime has a similar crime and penalty
under both legal systems.
Under Article 50 (3), if a withdrawal
treaty is not concluded, and if there is no unanimous agreement to extend the time - frame of negotiations, the United Kingdom will cease to be a Member
State of the European Union by March 2019.
Be that as it may, in so far as Eurozone Member
States are no longer able to fulfil their obligations
under the IMF Articles of Agreement without encroaching upon the Union's exclusive competence, it can be argued that they have a duty to take «all appropriate steps to eliminate the incompatibilities» between the Union
Treaties and the Articles of Agreement (see Article 351 TFEU).
The Decision clearly
states that: «It is recognised that the United Kingdom, in the light of the specific situation it has
under the
Treaties, is not committed to further political integration into the European Union.