Not exact matches
What is not yet clear is whether Trump plans to initiate a formal withdrawal from the Paris accord, which
under the terms of the agreement could take three years, or exit the underlying U.N. climate change
treaty on which the accord was
based.
Under the Vienna Convention, for example, a «fundamental change of circumstances» is grounds for withdrawing from an international agreement, provided «the existence of those circumstances constituted an essential
basis of the consent of the parties to be bound by the
treaty».
The current debate about the
treaty's stability began in October 2007 when the U.K. announced that it would file a claim
under the Law of the Sea extending the seabed boundaries of their Antarctic territory
based on the extent of the continental shelf.
The U.S. Department of Transportation (DOT) today fined the Dubai -
based airline Emirates $ 100,000 for limiting compensation for lost, damaged, and delayed baggage to less than consumers were entitled
under an international
treaty.
The guide has been prepared by IPA legal counsel Carlo Scollo Lavizzari,
based in Basel, who, according to the announcement «was immersed in the
Treaty process from the outset, in 2003,» and its purpose is «to help world publishers understand their responsibilities»
under the
treaty's provisions.
«If the Paris agreement establishes a set of procedural requirements to implement and elaborate commitments that the US has already taken
under a Senate - approved
treaty, it may not require new approval by Congress,» says Elliot Diringer, executive vice president at the Center for Climate and Energy Solutions, an Arlington Va. -
based think tank.
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?
Finally, she explains that the legal
basis of the decision should have been Article 93 of the Constitution (which is the
basis of Spain's integration in the EU), and not the right to a fair trial as interpreted with the aid of human rights
treaties under Article 10 (2) of the Constitution.
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.
On a day to day
basis First Nations and Aboriginal people have to deal with government decision makers or are themselves governmental agencies exercising inherent government powers or powers delegated
under statute or
under modern
treaty arrangements.
In December 2016 the UN Committee against Torture issued a decision finding that Morocco had violated its
treaty obligations in the case of Gdeim Izik detainee Naama Asfari, who alleged he was convicted by the military court
based on a confession obtained
under torture and that no adequate investigation was conducted.
In a judgment on 1 March, Judge Richard Leon in the US District Court for the District of Columbia confirmed the award, which Vancouver -
based Rusoro obtained in 2016 in a claim
under the Canada - Venezuela bilateral investment
treaty financed by Calunius.
Notably, it would make the UNCITRAL Transparency Rules applicable to all
treaty -
based investor - State arbitrations
under «old»
treaties, independently of the applicable arbitration rules.
Modern investment law, by contrast, is characterized by the investor's right to initiate arbitration directly against host States
based on the States» prospective and generalized consent to arbitrate any matter
under the governing
treaty.
Representing the Bolivarian Republic of Venezuela in an arbitration
under the ICSID Additional Facility,
based on a claim of more than US$ 1 billion brought by a Canadian mining company
under the bilateral investment
treaty between Canada and Venezuela, in a proceeding conducted in Spanish and English.
How does this all tie into the recognition of aboriginal and
treaty rights of the «aboriginal peoples of Canada»
under section 35 of the Constitution Act, 1982, which forms the
basis for consultation with groups affected by government action.
Where the Minister certifies by notice, published in the Canada Gazette, that any country that is not a
treaty country grants or has undertaken to grant, either by
treaty, convention, agreement or law, to citizens of Canada, the benefit of copyright on substantially the same
basis as to its own citizens or copyright protection substantially equal to that conferred by this Act, the country shall, for the purpose of the rights conferred by this Act, be treated as if it were a country to which this Act extends, and the Minister may give a certificate, notwithstanding that the remedies for enforcing the rights, or the restrictions on the importation of copies of works,
under the law of such country, differ from those in this Act.
In EU matters, the claimants argue, the prerogative power has been abrogated by statutory provisions which confer rights from and
under the EU
Treaties on UK citizens; and / or expressly require a continuing statutory
basis for directly applicable or directly effective EU law; and / or depend upon, or assume, the UK's continued membership of the EU.
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 peoples concerned,
While the
basis for the colonisation of what is now the United States and the dealings with the Native American, or Indian (35), tribes and nations is a complex history of
treaty negotiations, alliances, warfare, massacre and dispossession, the fundamental relationship between the USA and Native Americans was declared in a trilogy of Supreme Court cases
under Chief Justice Marshall in the early nineteenth century.
The periodic reporting obligation is designed to assist each State party fulfil its obligations
under the
treaty, as well as provide a
basis on which the Committee can discharge its responsibilities to monitor state parties» compliance.