Suchergebnisse

International Law — Relation to Municipal Law — Hague Regulations Concerning the Laws and Customs of War on Land — Treaty Restating Customary International Law — Implied Incorporation in Municipal Law — The Law of Italy.Extradition — Political Crimes-Avoiding Military Service.325Extradition — Conditions of — Compatibility of Request for Extradition with Prior Expulsion by Requesting State — Conviction in absentia as Basis of Request — Double Criminality — Political Crimes — Extradition Treaty between Italy and France.

The Individual in International Law — Universal Declaration of Human Rights — Applicability to Time of War.War — Laws and Customs of — Treaty Law and Custom — Preamble of the Hague Regulations.War — Enforcement of Laws of — Punishment of War Crimes — Prescription — Laws and Customs of War — Treaty Law and Custom — Preamble of the Hague Regulations — The Individual in International Law — Universal Declaration of Human Rights — Applicability to Time of War — The Law of Belgium.

671Claims — International claims — States agreeing to establish commission to hear claims brought by one State against another on behalf of individuals — Nature of process — Whether an adequate alternative forum to national court — Control of claims by the StateRelationship of international law and municipal law — Claims — Relationship between national and international proceedings — Whether international tribunal an adequate alternative forum to claims in a municipal court — Doctrine of forum non conveniens — The law of the United States

International organization and administration — Miscellaneous — International Monetary Fund Agreement (Bretton Woods Agreement) — Applicability to life insurance contract interpretation — The law of the United States of America.Jurisdiction — Miscellaneous — Choice of law — Life — insurance contract — The law of the United States of America.

Relationship of international law and municipal law — Treaties — International Covenant on Economic, Social and Cultural Rights, 1966 — Constitution of Estonia — National law provisions — Whether international treaty having direct application — General Comment of UN Committee on Economic, Social and Cultural Rights — Point 5 of General Comment No 3 of UN Committee on Economic, Social and Cultural RightsTreaties — Application — Interpretation — International Covenant on Economic, Social and Cultural Rights, 1966 — Whether international treaties directly applicable — Obligations of States parties — Obligation to foresee legal remediesHuman rights — Treaties — International Covenant on Economic, Social and Cultural Rights, 1966 — Whether directly applicable — General Comment of UN Committee on Economic, Social and Cultural Rights — Point 5 of General Comment No 3 of the UN Committee on Economic, Social and Cultural Rights — The law of Estonia

Jurisdiction — Territorial — Concurrent jurisdiction pursuant to treaty — Criminal offences — Convention between the Federal Republic of Germany and the Netherlands concerning the Merger of Customs Clearance Posts, 1958 — Arrest of Dutch national within area of joint customs clearance post — Whether arrested on Dutch or German territory — Absence of authority of German customs officials to arrest Dutch national on Dutch territory — Arrest in violation of customary international law and treaty provisions — Whether a bar to proceedings before municipal courts — Basic Law (GG) of the Federal Republic of Germany, Article 25Relationship of international law and municipal law — Position of individuals in international law — Unlawful arrest in foreign country in violation of customary international law — Whether 526conferring right of action upon private individual — Right of injured State to obtain repatriation — Whether individual can enforce right of repatriation through proceedings in municipal courts of arresting StateRelationship of international law and municipal law — Treaties — Effect in municipal law — European Convention on Extradition, 1957 — European Convention on Human Rights, 1950, Article 5(1)(c) — Whether conferring right of action upon private individual — Whether violation of international convention constitutes bar to criminal proceedings under municipal lawTreaties — Effect in municipal law — Whether conferring rights upon individuals — Unlawful arrest — Whether violation of treaty provisions constitutes bar to criminal proceedings in municipal courts — European Convention on Extradition, 1957 — European Convention on Human Rights, 1950, Article 5(1)(c)Human rights — Liberty, right to — European Convention on Human Rights, 1950, Article 5(1)(c) — Unlawful arrest — Whether automatically violates personal right of accused under Convention — Whether constitutes a bar to municipal criminal proceedings — The law of the Federal Republic of Germany

658State immunity — Jurisdictional immunity — Claim by individual against foreign State for personal injury — Deportation to forced labour by German occupying forces during Second World War — Violation of rules of jus cogens — Whether grave violations of human rights precluding reliance on State immunity under customary international law — European Convention on State Immunity, 1972, Articles 11 and 31 — Whether entitlement to rely on immunity preserved for acts of armed forces — Whether commission of grave violations of human rights automatically implying waiver of immunity by StateInternational criminal law — War crimes — Deportation to forced labour — Article 6(b) of Charter and Judgment of Nuremberg International Military Tribunal — Provisions of Hague Convention, 1907, and Geneva Convention, 1929 — Whether recognized as declaratory of customary international law prior to outbreak of Second World War — Categorization of deportation to forced labour as international crime — Confirmation in Statutes of International Criminal Tribunals for Former Yugoslavia and Rwanda and Statute of International Criminal Court, 1998Relationship of international law and municipal law — Crimes against international law — Customary international law — Jurisdictional immunity of foreign States for acts performed jure imperii — International crimes involving serious violations of fundamental human rights — Claims for damages by individuals for loss and injury arising from commission of such crimes — Whether States entitled to rely on immunity — Practice of national and international tribunals — Whether conclusive — Whether fact that acts performed jure imperii relevant — Whether priority now accorded to protection of fundamental rights of individuals over right of States to jurisdictional immunity — Whether any parallel between functional immunity of State organs and immunity of StatesWar and armed conflict — Conduct of military operations — Whether choice of method of conducting hostilities justiciable — Whether non-justiciability preventing examination of possible commission of war crimes against individuals — The law of Italy

299Relationship of international law and municipal law — Treaties — Ratification without reservation of international instrument — Incorporation in domestic legislation — Whether States obliged to mirror provisions of international instruments in domestic legislation — Margin of appreciation — Constitution of Kenya — Conflict between international law and domestic law — Bangalore Principles, 1989 — Supremacy of Constitution where clear and unambiguous — Inability of court to expand provisions of Constitution where clear and unambiguousHuman rights — Discrimination — Grounds for non-discrimination in international and domestic law — Convention on the Rights of the Child, 1989 — African Charter on the Rights and Welfare of the Child, 1990 — Constitution of Kenya — Children Act 2001 of Kenya, Section 24(3) — Parental responsibility — Whether part of jus cogens — Parental responsibility for children born out of wedlock — Whether non-discrimination provisions under the Constitution and the Children Act 2001 of Kenya inconsistent — Whether non-discrimination provisions under Constitution and international obligations inconsistent — Whether vesting parental responsibility in mother in first instance discriminatory — Principle of equality and non-discrimination — Margin of appreciation — Whether distinction for legitimate purpose — Whether distinction reasonable in light of legitimate aim — The law of Kenya

176Air — Hijacking — Crime of universal jurisdiction — Measures for suppression of air piracy — Hague Convention for the Suppression of Unlawful Seizure of Aircraft, 1970 — International Convention Against the Taking of Hostages, 1979Jurisdiction — Extraterritorial — Principles on which States may exercise extraterritorial jurisdiction — Crimes of universal jurisdiction — Aircraft hijacking — Hostage taking — Whether universal crimes — Passive personality principle of jurisdiction — Nationality of victim as a ground for exercise of jurisdiction — Whether passive personality principle applicableJurisdiction — Executive — Legality of arrest — Effect on jurisdiction of court — Defendant convicted of aircraft hijacking — Crime of universal jurisdiction — Arrest on high seas by United States Federal Bureau of Investigation — Involvement of United States Navy — Whether involvement of United States Navy rendering arrest unlawfulRelationship of international law and municipal law — Interpretation of legislation — Presumption that Congress did not intend to legislate in manner contrary to international law — Legislation implementing international conventions — Hague Convention for the Suppression of Unlawful Seizure of Aircraft, 1970 — International Convention Against the Taking of Hostages, 1979 — Whether provisions of domestic law conflicting with principles of international law overriding — The law of the United States

The individual in international law — Extradition — Conditions of — Foreign warrant — Alleged to be invalid — Whether permissible to adduce evidence in support of allegation — The law of Ireland
The individual in international law — Extradition — Miscellaneous — Evidence — Admissibility — Foreign warrant alleged to be invalid — Whether permissible to adduce evidence in support of allegation — Extradition Act 1965 — The law of Ireland

International Law — Relation to Municipal Law — Treaties as Part of the Law of the Land — The Law of Mexico.

Economics, trade and finance — Food imports — Import of foodstuffs
originating from East Jerusalem, West Bank and Golan Heights into the
European Union — Labelling of products — Whether products originating from
Israeli settlements in the Occupied Territories must be labelled as such —
Observance of international law — Whether foodstuffs coming from settlements
established in breach of rules of international humanitarian law — Ethical
considerations — Purchasing decisions of consumers — Misleading of
consumers
Relationship of international law and municipal law — European Union law
— Treaty on European Union, 1992 — Treaty on the Functioning of the European
Union, 2007 — EU Customs Code — Regulation (EU) No 1169/2011 — Consistent
interpretation of EU law — Interpreting Regulation (EU) No 1169/2011 in
manner consistent with international law — Notions of "State", "territory"
and "place of provenance" — Referral of questions by national court to Court
of Justice of European Union
Territory — Status — Occupation — Occupied Territories in which State of
Israel Occupying Power — East Jerusalem, West Bank and Golan Heights — Rules
of international humanitarian law — Israel having limited jurisdiction —
Israeli settlements in Occupied Territories — Palestinian people of West
Bank enjoying right to self-determination — Golan Heights part of territory
of Syrian Arab Republic — Import of foodstuffs into European Union —
Labelling of products — Whether products originating from Israeli
settlements in Occupied Territories must be labelled as such — Observance of
international law — Whether foodstuffs coming from settlements established
in breach of rules of international humanitarian law — Ethical
considerations — Purchasing decisions of consumers — Misleading of
consumers
War and armed conflict — International humanitarian law — Fourth Geneva
Convention relative to the Protection of Civilian Persons in Time of War,
1949 — Article 49 — Obligation of States not to "deport or transfer part of
its own civilian population into the territory it occupies" — Impact on
labelling of products originating in Occupied Territories — Status of East
Jerusalem, West Bank and Golan Heights as Occupied Territories — Whether
products originating from Israeli settlements in the Occupied Territories
must be labelled as such — The law of the European Union

586Human rights — Freedom from torture — Nature of prohibition of torture — Whether a rule of jus cogens — Consequences — Remedies for torture — Whether State entitled to claim State immunity when sued for torture — Whether other States required to provide remedy for acts of torture committed outside their territory — Convention against Torture, 1984, Article 14(1) — International Covenant on Civil and Political Rights, 1966, Article 14 — Balance to be struck between prohibition of torture and State sovereigntyRelationship of international law and municipal law — Customary international law — Part of Canadian common law — Treaties — Effect in Canadian law of treaty not implemented by legislation — International law principles and values as aid to construction of legislation — Expert evidence on international law — Admissibility — ValueState immunity — Jurisdictional immunity — Exceptions to immunity — Penal proceedings — Commercial activity — Torts occasioning personal or bodily injury — Whether exception to immunity for non-commercial torts extends to torture committed by defendant State in its own territory — Whether there is an exception to immunity for violations of jus cogens — Canada State Immunity Act 1982Treaties — Interpretation — Relevance of subsequent practice — Convention against Torture, 1984 — Practice of States Parties — Reports to Committee against Torture — Response to declaration by United States of America — The law of Canada

International law in general — International comity — Whether a basis for jurisdiction to try persons for offences committed abroad — The law of England252Jurisdiction — In general — Territorial — Territorial limits of jurisdiction — Attempt to obtain property by deception — Acts performed abroad in order to obtain payments from life insurance policies in England — Jurisdiction of English courts — Principle of territoriality — International rules of comity — The law of England