Sentences with phrase «under domestic law»

These treaties establish both minimum standards for protecting works under domestic law and for extending protection to the works of other treaty members under the principle of national treatment.

Those grounds include if the subject matter of the dispute is not capable of settlement by mediation under the domestic law of the Contracting State, or if granting relief under the agreement would be incompatible with the public policy of the Contracting State.

In his opinion, s 4 may have two purposes: to draw the attention of Parliament, the government etc, to an inconsistency between a domestic law provision and a right arising under domestic law by virtue of the incorporation of Convention rights in HRA 1998; to draw the attention of the same constituencies to an inconsistency between domestic law and the UK's international law obligations which arise by virtue of being a signatory of the Convention.

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.»

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

As explained in greater detail in 11 FAM 721.2, there are two procedures under domestic law through which the United States becomes a party to an international agreement.

The others are the definition of the child under domestic law and regulations; civil rights and freedom; family environment and alternative care; health and welfare; education, leisure and cultural activities; special protection measures; and responsibilities of the child.

Details vary by jurisdiction but, in general, a treaty negotiated by the executive branch would usually require ratification by the legislature to give it effect under domestic law.

Treaty obligations which have not been given eff ect under domestic law.

The Appellant claimed that the position under domestic law was discriminatory and in breach of EU law (Directive 79/7 on Equal Treatment in Social Security).

I am uncertain if it applies, but if the CIA agent is acting within some other lawful authority under domestic law, the conduct would be justified.

Additionally, if you have been accused of or convicted of a crime performed while not residing in the country where you are accused or have been convicted, then the residence country may only grant the extradition request if the offense is also a crime under domestic law.

Unlawful combatants remain civilians and may be captured, detained, and treated as criminals under domestic law for their unlawful actions in combat.

The IACHR is not permitted to hear cases that could plausibly be resolved under domestic law.

One of Venezuela's two opposing lawmaking bodies has ruled that the country's issuance of a national cryptocurrency is illegal under domestic law.

This approach sets the standard of equality and non-discrimination under ICERD lower than that set under domestic law.

The report concludes that, on the High Court's own analysis, the extinguishment of native title, both under the Native Title Act and at common law, is not only discriminatory at international law but fails to meet the standards of equality under domestic law.

Having analyzed the ordinary meaning, textual context and various legal commentaries on the definition of investments, the High Court interpreted the definition under the SADC Treaty to encompass only «rights or property acquired in the host State arising under its domestic laws».

Britain has already committed to cutting emissions by 34 per cent by 2020 under domestic law.

The government wishes to make a clean break as soon as possible by transferring existing EU law rights into domestic law, and granting eligible EU citizens and their family members «settled status» under domestic law (or the ability to acquire it, within a limited time).

I based my observation upon the proliferation of treaties between states, increasing diversity of economic activity being engaged in by states and state entities, together with more frequent binding resolutions being promulgated by the United Nations Security Council (UNSC) from the mid-1990s onwards which would need to be given effect to under domestic law and considered by the courts.

The key question dealt with by the Court of Appeal in The Commissioners of Revenue and Customs v Abbey National Plc [2006] EWCA Civ 886, [2006] All ER (D) 336 (Jun) was whether a contractual arrangement relating to real property which, under domestic law, fell short (and was intended to fall short) of being a transaction of leasing or letting, was nevertheless to be treated as if it were such a transaction for VAT purposes, with the consequence that it was an exempt supply.

I also argued that the extinguishment of native title, as it occurs under Australian law, is racially discriminatory both under domestic law and at international law.