英語 での Domestic courts の使用例とその 日本語 への翻訳
{-}
-
Colloquial
-
Ecclesiastic
-
Computer
-
Programming
The ICC's jurisdiction is complementary to domestic courts.
After World War II, both international and domestic courts conducted trials of accused war criminals.
Consequently, Japan has no enforcement mechanism to enforce foreign custody rulings orrecommendations made by its own domestic courts.
Rather than even examine the domestic courts' logic, the tribunal has invited Chevron to make the same arguments again as if for the first time.
The new government must demonstrate its ability to investigate human rights violations andto hold all those responsible to account in domestic courts.
With the Tribunal nearing completion of its cases, domestic courts in the region must also remember their responsibility to prosecute war crimes suspects," said Jones.
Because of U.S. obstructionism, these reviews are arguably more time consuming,costly and unfair than appeals through U.S. domestic courts.
Thus,“the sanction pronounced by the domestic courts was excessively severe in view of the lack of flexibility in the domestic law and disproportionate to whatever legitimate aim was pursued.”.
Certain disputes may involve such sensitive public policyissues that are left exclusively to the jurisdiction of domestic courts by domestic law.
International Arbitration can provide better-quality justice, since many domestic courts are overburdened, which does not always allow judges sufficient time to produce legal decisions of high quality.
If the dispute is not arbitrable, the arbitral tribunal is limited in its jurisdiction andthe claim must instead be submitted to domestic courts.
These include domestic courts utilizing universal jurisdiction, the establishment by the Security Council of an ad hoc international criminal tribunal, use of the International Criminal Court for any crimes committed after July 2002, and the International Court of Justice.
A fact-sheet provided by Public Citizen explains how multi-national corporationsmay use the TPP deal to skirt domestic courts and local laws.
And EU officials have called for TAFTA togrant foreign firms the power to skirt domestic courts, drag the U.S. and EU governments before extrajudicial tribunals, and directly challenge GMO controls or labels as violations of TAFTA- created foreign investor“rights.”.
The DRC government must address the longstanding failures of its judicial system that prevent theeffective prosecution of suspected war criminals before domestic courts.
Seat of arbitration, on the other hand,may allow the intervention of domestic courts to force the production of documents under 28 USC section 1782. The seat of arbitration must be distinguished from the physical place where hearings are to be conducted, even though they usually are at the same location.
In practical terms, arbitrability answers the question of whether a subject matter of a claim is ornot reserved to the sphere of domestic courts, under the provisions of national laws.
In particular, however, the assumptions that these are agreements reached with the participation of a network of individuals and groups in the participating States, and that these States are committed to the rule of law enforced by nationaljudiciaries should lead to more'vertical' enforcement through domestic courts.
Luckily, the core ingredients of a healthy arbitration regime such as the principle of severability of the arbitration agreement, the principle of Kompetenz-Kompenetz andthe principle that the presence of an arbitration agreement excludes the jurisdiction of domestic courts are already integrated in the Civil and Commercial Code, so it may be just a matter of time before Argentina has a world-class arbitration regime.
As I wrote in an earlier article for Webronza titled'Catch Trump's trade policy in a"pincer movement'(29 March 2018), we should counter the Trump Administration by taking legal measures,namely filing a case with the WTO and with the domestic courts in the US.
The prohibition of crimes against humanity is among the most fundamental in international criminal law and can be the basis for individual criminal liability in international courts, as well as in some foreign domestic courts under the principle of universal jurisdiction.
Yet in a manner that would enrage right and left alike, the private"investor-state" enforcement system included in the leaked TPP text would empower foreign investors andcorporations to skirt domestic courts and laws and sue governments in foreign tribunals.
Arbitral tribunals have the power to issuebinding awards that may be enforced like a domestic court judgment.
Arbitral tribunals have the power to issuebinding awards that may be enforced like a domestic court judgment. Arbitration- Alternative dispute resolution method where parties submit their dispute to one or several private individuals.
Under the BIT, Chevron asked the three-person extrajudicial tribunal to order the Ecuadoriangovernment to suspend enforcement of the multi-billion dollar domestic court ruling.
Under the BIT, Chevron asked the three-person extrajudicial tribunal to order the Ecuadoriangovernment to suspend enforcement of the multi-billion dollar domestic court ruling.
The goal of the ISDS system was ostensibly to provide a means for foreign investors to obtain compensation if a government expropriated their factory orland and the domestic court system did not provide for compensation.
Procedural rights that are not available to domestic investors to sue governments outside of national court systems, unconstrained by the rights and obligations of countries' constitutions,laws and domestic court procedures(Section B).
Moreover, as of July 2010, the NSA had obtained domestic court orders enabling it to conduct surveillance on U.S. territory of Japanese officials and the Bank of Japan, which has offices in Washington, D.C., and New York City.