Sentences with phrase «whether under international law»

Not exact matches

The UN Human Rights Committee, which regularly reviews whether states are living up to their obligations under the binding International Covenant on Civil and Political Rights, today made more than a dozen recommendations for fundamental changes in Canadian law and policy in respect to the treatment of First Nations, Inuit and Métis peoples.

The court was asked whether military commissions could hear charges that weren't defined as war crimes under international law when the defendant was accused of committing them.

The students must determine that, under California law, the court uses a factors test to decide whether the travel should be allowed.110 Several factors implicate international and foreign law.

Section 2 (c) of the Act defines the term «International Commercial Arbitration» and it means an Arbitration relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in Bangladesh and where at least one of the parties is: (i) an individual who is a national of or habitually resident in, any country other than Bangladesh; or (ii) a body corporate which is incorporated in any country other than Bangladesh; or (iii) a company or an association or a body of individuals whose central management and control is exercised in any country other than Bangladesh, or (iv) the Government of a foreign country.

For example, in 1998, the SCC was asked by the federal government to opine on whether it was legal, under either Canadian or international law, for Québec to unilaterally secede from Canada Interested parties can apply to the Court to make submissions as interveners.

For example, in 1998, the SCC was asked by the federal government to opine on whether it was legal, under either Canadian or international law, for Québec to unilaterally secede from Canada (Reference re Secession of Québec, [1998] 2 SCR 217).

[s] ome of the topics for discussion include an analysis of the UGC [user - generated content] exception under Canadian copyright law, the interaction of the UGC exception with fair dealing, specific legal aspects of fan fiction and appropriation art, and whether the UGC exception is in conformity with international treaty standards.

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.

Interestingly, the Advocate General ranged much more broadly in reaching the same conclusion, stating that these limitations on the review of international arbitral awards were «contrary to the principle of effectiveness of EU law», «(n) o system can accept infringements of its most fundamental rules making up its public policy, irrespective of whether or not those infringements are flagrant or obvious» and «one or more parties to agreements which might be regarded as anticompetitive can not put these agreements beyond the reach of review under Articles 101 TFEU and 102 TFEU by resorting to arbitration» (AG Op § § 58, 67 and 72).

(1) whether the onset of deep vein thrombosis («DVT») sustained during the course of, or arising out of, international carriage by air, whether as a result of an act and / or omission of the carrier or otherwise, is capable, in principle, of being «an accident» causing bodily injury within the maening of Article 17 of the Warsaw Convention, (2) whether a claim against an air carrier for personal injury or death alleged to have been sustained during the course of, or as a result of, international carriage by air can be brought at common law in the alternative or in addition to a claim under the applicable version of the Warsaw Convention, (3) whether the Human Rights Act 1998 applies to claims brought against air carriers under the Warsaw Convention and / or at common law in relation to personal injury or death alleged to have been suffered by a passenger during the course of, or as a result of, international carriage by air and if so with what result.

2) whether foreign state officials enjoy subject - matter immunity in civil proceedings for alleged acts that attract individual responsibility under international law.

Many clients working on cross-border matters are indifferent as to the legal structure their law firms operate in, whether that be a fully financially integrated international firm, a Swiss verein (which is effectively an association of law firms operating under a common brand and with a level of management and strategic co ordination, but usually without full profit - sharing between the member firms), an association, a network or a best friends arrangement.

In addition, the Commission will examine the question of whether the mechanism for examining and investigating complaints and claims raised in relation to violations of the laws of armed conflict, as conducted in Israel generally, and as implemented with regard to the present incident, conform with the obligations of the State of Israel under the rules of international law.

Europe Our European practice has recently focused on representing (i) the Fédération Internationale de Football Association («FIFA») in connection with U.S. and Swiss criminal investigations into allegations of bribery and corruption in the international soccer world («Investigation»), including conducting an internal investigation on behalf of the organization; (ii) two major European banks, including by investigating whether the banks knew or should have known that accounts at the banks were used to pay bribes; (iii) a multinational logistics and transportation company based in Switzerland in a DOJ investigation of alleged violations of the FCPA; (iv) a Switzerland - based, international private bank, in connection with the global criminal investigations involving 1MDB, Malaysia's sovereign wealth fund; (v) several major European banks in connection with the «Panama Papers» investigation focused on whether accounts at the bank held under the names of companies created by the Panamanian law firm, Mossack Fonseca, were used to evade taxes, conduct business with sanctioned individuals or companies, or otherwise engage in criminal activity; (vi) ENRC, a large mining conglomerate formerly listed on the London Stock Exchange, in a high - profile investigation by the UK's Serious Fraud Office of alleged bribery in the company's operations in Africa and Kazikhstan; and (vii) several European banks in connection with the Petrobras and PdVSA investigations focused on whether accounts at the banks were used to pay bribes to Petrobras or PdVSA officials in return for contracts.

Instead of placing faith in the decisions made by a few military planners within the Pentagon about the feasibility of autonomous weapons, we need an open debate within the Obama administration and within the international community as to whether prohibitions on autonomous offensive weapons are implicit under existing international humanitarian law.

There was acknowledgment that international humanitarian and human rights law applies to all new weapons but views were divided as to whether the weapons would be illegal under existing law or permitted in certain circumstances.

Recommendation 3: That the Government provide formal legislative recognition of Aboriginal Customary Law in the Sentencing Act by inserting a new section into the Act which requires magistrates and judges to determine in all matters whether Aboriginal Customary Law is a relevant consideration and if so, to provide appropriate weight to customary law in sentencing decisions and to apply it consistently with human rights standards (as defined in the six human rights treaties to which Australia is a party and through the instruments of the United Nations and under international laLaw in the Sentencing Act by inserting a new section into the Act which requires magistrates and judges to determine in all matters whether Aboriginal Customary Law is a relevant consideration and if so, to provide appropriate weight to customary law in sentencing decisions and to apply it consistently with human rights standards (as defined in the six human rights treaties to which Australia is a party and through the instruments of the United Nations and under international laLaw is a relevant consideration and if so, to provide appropriate weight to customary law in sentencing decisions and to apply it consistently with human rights standards (as defined in the six human rights treaties to which Australia is a party and through the instruments of the United Nations and under international lalaw in sentencing decisions and to apply it consistently with human rights standards (as defined in the six human rights treaties to which Australia is a party and through the instruments of the United Nations and under international lawlaw).