The UK, unlike some other states, is a dualist country
where international treaties do not form part of the domestic law.
Not exact matches
But,
international law prefers situations
where territory obtained by conquest is recognized by a subsequent
international treaty acknowledging this reality.
However, there is no such automaticity
where treaties that establish
international organisations are concerned.
, or without a vigorous opposition press, or with a slanderous and irresponsible opposition press, or which have signed up to supranational bodies outside democratic control, or which have signed up to
international treaties ditto, or which make use of protected seats for women or ethnic minorities, or
where the if the prime minister is one ethnic group the president is conventionally always another, or
where unlimited campaign donations are allowed, or disallowed, or
where significant numbers question the legitimacy of the polity holding the vote, or
where voting is compulsory, or
where non-citizens can not vote, or
where they can, or
where there is (or is not) a second chamber or supreme court that can block popular legislation...
Mauritius is part of the Commonwealth, which gives it a financial edge in tax
treaties and
international banking,
where other Commonwealth and former Commonwealth countries are concerned.
The study follows
international negotiations last week in Bangkok, Thailand,
where nations discussed the phaseout of HFCs under the Montreal Protocol, a global
treaty meant to protect the planet's ozone layer.
As the Avengers and their newfound allies take sides on the issue of whether to sign a
treaty agreeing to
international oversight or continue with their current strategy of world - saving, no matter the cost, it's fascinating to see who falls
where.
For evidence of Solomon's strange stance on environmental issues, one need look no further than his comments in the conservative National Review
where he argued that the Kyoto Protocol, an
international treaty dedicated to reducing carbon emissions, was «the single biggest threat to the global environment.»
Supporters of the plan want to raise money quickly to spend much of it between now and the November negotiating session in Buenos Aires,
where important details of the
international treaty are to be decided.
This was
where the movement turned after two devastating failures: the fruitless effort for an
international climate
treaty at Copenhagen in 2009, and the death, shortly afterward, of cap - and - trade legislation in the U.S. Senate, despite enormous investments by mainstream environmental groups in these causes.
Campaigning environment journalist Oliver Tickell told the conference that, unlike issues like climate change
where it took years to get
international legislation in place to reduce greenhouse gases,
treaties were already agreed that should prevent plastic reaching the oceans.
That matters on the
international stage,
where negotiators will hammer out a binding
treaty in Paris next summer.
Instead of a near - term
treaty, we may see a kind of climate interregnum, a shift from an era of
treaties (1992 - 2009),
where addressing climate change was grounded in
international law, to an era when climate change is addressed through national pledges with no binding
international arrangements.
In some circumstances, other
international treaties, or the domestic law of the country
where enforcement is sought, will also apply to the question of whether a foreign arbitral award should be recognized and enforced.
«that article now lays down a single procedure of general application concerning the negotiation and conclusion of
international agreements which the European Union is competent to conclude in the fields of its activity, including the CFSP, except
where the
Treaties lay down special procedures.»
My question is, what do
international treaties and case law have to say about
where this line is drawn?
The closest you come to an answer there, I would say, is in Opinion 1/91 (EEA),
where the Court (drawing and building on van Gend & Loos) explicitly distinguished the EU
Treaties from just «any «
international agreements.
Second, the distinction drawn between direct effect and the possibility to use provisions of an
international treaty for the review of legality of EU acts even
where strictly speaking these provisions had no direct effect also meant a higher potential for
international law to be granted at least some effect in the EU legal order.
By Article 25, each party state undertakes to recognise such judgments in other party states with the exception of judgments made against the government of the requested party or its employees in respect of acts taken on its behalf, as well as judgments
where recognition or enforcement would be inconsistent with its
international treaties.
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.
On the contrary, it resembles the classic suppression conventions, i.e.
international treaties imposing the obligation on contracting parties to prohibit individual forms of conduct in their national law and,
where applicable, to criminalise and punish them.
Our
International Disputes team handles major international litigation matters on behalf of both foreign and domestic clients by advising clients on the unique procedures and strategies of U.S. litigation; the application of foreign law, treaties and regulations; strategies for settlement; and international arbitration or other alternative dispute resolution procedures, where
International Disputes team handles major
international litigation matters on behalf of both foreign and domestic clients by advising clients on the unique procedures and strategies of U.S. litigation; the application of foreign law, treaties and regulations; strategies for settlement; and international arbitration or other alternative dispute resolution procedures, where
international litigation matters on behalf of both foreign and domestic clients by advising clients on the unique procedures and strategies of U.S. litigation; the application of foreign law,
treaties and regulations; strategies for settlement; and
international arbitration or other alternative dispute resolution procedures, where
international arbitration or other alternative dispute resolution procedures,
where appropriate.
By s 51 of the
International Criminal Court Act 2001 (ICCA 2001) the UK has made genocide, crimes against humanity and war crimes as defined by the ICC
treaty criminal offences against UK law triable in UK courts
where such offences are committed by UK nationals or residents.
AustLII's LawCite citator tracks
where international cases,
treaties and law journal articles have been cited.
The Crown had untrammelled power to act on the
international plane, but that did not extend to withdrawing from the relevant EU
Treaties where such withdrawal would, as the secretary of state conceded, have a major effect on the content of domestic law.
Oct: ICRAC convenes its first workshop in Berlin
where its members call for an
international treaty to prohibit development, acquisition, deployment, and use of armed autonomous robot weapons.
Where the language of a statute permits a construction of the statute that is consistent with
international human rights law, the Western Australian Government should act in accordance with Australia's human rights
treaty obligations by adopting that construction because parliament is intended to legislate in accordance with its
international obligations.
(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.
According to Blackstone, the juridical tools that were available under
international law to colonial powers seeking to acquire sovereignty over foreign lands in the 18 th Century were threefold; conquest or
treaty (cession)
where the land was occupied; or occupation
where the land was uninhabited.
Where a provision of an
international human rights instrument is transposed into a statute, the prima facie legislative intention is that the transposed text should bear the same meaning in the domestic statute as it bears in the
treaty.
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.
[149] Consequently,
where there is ambiguity [150] courts should interpret statutes in ways that accord with the obligations of Australia under an
international treaty.
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).