International Law. This ASTD Framework represents political commitments of the Arctic States. The Participants do not intend this ASTD Framework to be binding under international law.
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International Law. Revista Colombiana de Derecho Internacional 1, 53-82 Xxxxxxx A, ‘Domestic Responses to Transnational Crime: The Limits of National Law’ (2012) 23 Xxxx X, ‘The ICC and the Case of Sudan’s Xxxx Xx Xxxxxx: Is Plea-Bargaining a Valid Option?’ (2009) 15 University of California at Xxxxx Journal of International Law and Policy 265 Pellet A, ‘Comments in Response to Xxxxxxxxx Xxxxxxx and in Defense of Xxx Xxxxxx as the Best Bastion Against the Excesses of Fragmentation’ (2006) Finnish Yearbook of International Law 89 Xxxxxxxx X, ‘The principles of universal jurisdiction and complementarity: how do the two principles intermesh?’ (2006) 88 International Committee of the Red Cross 862, 375-398 Xxxxx X, ‘Awakening the Leviathan through Human Rights Law – How Human Rights Bodies Trigger the Application of Criminal Law’ (2018) 34 Utrecht Journal of International and European Law 2, 161-184. Xxxxxx S and Xxxxx C, ‘Global Laws, Local Lives: Impact of the New Regionalism on Human Rights Compliance’ (2011) 17 Buffallo Human Rights Law Review 117-154 Rastan R, ‘What is ‘Substantially the Same Conduct’?: Unpacking the ICC’s ‘First Limb’ Complementarity Jurisprudence’ (2017)15 Journal of International Criminal Justice 1, 1-29 Xxxxxx C and Xxxxxx X, ‘The Serious Crimes Process in Timor-Leste: In Retrospect’ (2006) Rauxloh R, ‘Regionalisation of the International Criminal Court’ (2007) 4 New Zealand Yearbook of International Law 67 Xxxxxxx XX, ‘International Law after the Cold War’ (1990) 84 American Journal of International Law 1 Xxxxxxxx X, ‘Identity Crisis of International Criminal Law’ (2008) 21 Leiden Journal of International Law 928 Xxxxxxxx X, ‘Three Theories of Complementarity: Charge, Sentence or Process?’ (2012) 53 Xxxxxxxx X, ‘A Sentenced-Based Theory of Complementarity’ (2012) 53 Harvard International Law Journal 1. Xxxxxxxx X, ‘International Criminal Law as Justice’ (2013) 11 Journal of International Criminal Justice 3, 699-711 Xxxxxxxx X, ‘The Mysterious Mysteriousness of Complementarity’ (2010) 21 Criminal Law Forum 1 Xxxx X. Xxxxxxx & Xxxx Xxxxx ‘Polycentricity: From Polanyi to Ostrom, and Beyond’ (2012) 25 Xxxxxxx X, ‘The Territorial Principle in Criminal Law’ (1971) 22 Hastings Law Journal 5 Xxxxx X, ‘Crimes against humanity and the limits of international criminal law’ (2012) 31 Law and Philosophy 4, 443-476 Xxxxxxxx P, ‘The enemy within: Personal rule, coups and civil war in Africa’ (2011) 63 World Politics 2, 300-346 Xxxxxxxx X, ‘The Pre-Trial Chamber’s Afg...
International Law. The Parties confirm their mutual understanding that customary international law in general and as is specifically mentioned in article 10.5 of is a general practice and bottleoperative States, followed by them in the context of a legal obligation.
International Law. The determination of what is and what is not customary international law is, of course, contentious, and it is beyond the scope of this Article to attempt a comprehensive analysis of the question in this context. 51 It is enough to note that we do not witness a consistent pattern of reparations being paid between states when international obligations are violated. Furthermore, the draft articles are only relevant when states have chosen to enter into a hard law agreement and include a dispute resolution mechanism. The hard law form is necessary because if there is rule of customary international law it only appear s to bind states in the event of a violation of hard law obligations. Even the Draft Article of State Responsibility do not claim that the reparations obligation applies to soft law. 52 States, therefore, could only consider the reparations obligation rele vant in instances in which they select the hard law form. If anything this depends the puzzle addressed in the Article since a customary international law requiring reparation would make hard law even more powerful and effective relative to soft law.
International Law. The Parties confirm their mutual understanding that "" customary international law referred to in article 9.4 is of a general practice and bottleoperative States, followed by them in the context of a legal obligation. with respect to article 9.4, the minimum standard of treatment of aliens by customary international law refers to all customary international law principles that protect the economic rights and interests of aliens. Annex 9-B Payments and transfers With respect to the obligations contained in article 9.9, each Party shall reserve the functions and powers of the central banks, to maintain or adopt measures in accordance with its applicable legislation, in the case of Chile, Act No. 18.840 constitutional organic, of the Central Bank of Chile, or other legal; and in the case of Colombia, Act No. 31, 1992 or other legal; to ensure the stability of the currency and the normal functioning of the internal and external payment costing US $500,000 as powers for this purpose, the regulation of the amount of money and credit in circulation, the execution of credit transactions and international changes, as also make rules in the field of monetary, financial and credit of international changes. As part of these measures, including the establishment of requirements which restrict or limit transfers (current payments and capital movements) to or from each party and operations which relate to them, e.g. establish that deposits or investments from loans, or intended to be subject to the obligation to maintain a reserve requirement or deposit. in applying measures under this annex in accordance with its domestic law, the Parties shall not discriminate between the other party and a non- party in respect of transactions of the same nature. Annex 9-C Expropriation The Parties confirm their mutual understanding that:
1. An action or a series of actions by a party cannot constitute an expropriation unless it interferes with a tangible or intangible property right or with the essential attributes or powers of the domain of an investment.
2. Article 9.10.1 addresses two situations. the first is where an expropriation, direct investment is expropriated or nationalized otherwise directly through formal transfer of title or the right of ownership.
International Law. At the international law (business practice) level, the contractual liability for non-payment of agency commission is incorporated in several clauses (articles 13-14) of the International IH&RA-UFTAA Code of Practice. It is a contractual hotel-keeper's liability for proprietary and non-proprietary damage to the tourist agency due to violations of two contractual obligations: 1) the obligation to pay commission and 2) the obligation of a clear understanding of the commission. The hotel-keeper is liable to the travel agency for proprietary and non-proprietary damage if he does not pay in full and on time the commission for paid allotment services (article 13). The rule of international business practice is that the travel agency alone pays the price of hotel services rendered minus the commission, unless explicitly agreed that the price will be paid directly by the allotment guest, in which case the hotel-keeper guarantees the payment of the commission to the travel (tourist) agency. The IH&RA-UFTAA Code does not specify the period within which the hotel-keeper, in the allotment contract, must pay the commission to the travel agency in case the guests themselves pay directly the price of hotel (allotment) services. In case that the deadline is not contracted, the author assumes that the hotel-keeper should pay the commission immediately upon the request of the agency or in the subsequently contracted deadline. The hotel-keeper is liable for any damage arising from non-payment of the commission, which guest paid directly the price of confirmed services (article 13.d).
1.). The hotel-keeper's constant obligation is to inform the agency about the commission amount. Data delivered by the hotel-keeper to the agency about the commission include (article 14.
2.): 1) whether a commission will be paid and on which services, 2) the commission’s rate and
3) commission payable on any extension of stay agreed. On the international law (international business practices) level, there is a specificity related to contractual hotel-keeper's liability for non-payment of a commission to the travel agency in the allotment contract (article 14.2.). According to this provision , the hotel-keeper is required, in the allotment contract, to pay to the travel agency a commission for an extended guest stay in the hotel, as well (commissions are payable on any extension of stay agreed), if the travel agency guarantees payment for such extended stay (where the payment is guaranteed by th...
International Law. In the IH&RA-UFTAA Code, the hotel-keeper's liability in the allotment contract for proprietary and non- proprietary damage due to breach of the obligation to make available certain facilities to the agency from the allotment contract arises from the duties determined by the provisions of articles 25-28. The hotel-keeper shall comply with all contractual requirements for each accepted reservation and put at the disposal of travel agency contracted accommodation for the allotment group of guests (article 25.a1.). If the hotel-keeper does not fulfill this obligation (article 25.a2.), the travel agency will reimburse him for the ''loss actually suffered''. Nevertheless, the hotel-keeper will not be liable for breach of these obligations in four cases: 1) if he provides, at his own expense, adequate accommodation for guests at the nearest ''equivalent'' hotel (article 25.b1), 2) if he, at his own expense, before the arrival of the allotment guests, notifies them or the travel agency about the change of the original hotel with the new "substitute" hotel (article 25.b2.), 3) if he, at his own cost, after the conditions for return to the original booked hotel are met and guests want to come back, pays such transfer (article 25.b3.), and 4) if, in recognizing the impossibility of fulfilling the obligation due to force majeure, the hotel-keeper immediately notifies the agency (articles 26-27.). According to article 26 of the Code, exclusion of the hotel-keeper's liability exists in case of force majeure, even when it is a reason for the ''multiple booking'' (article 26.). The disadvantages of provisions of the IH&RA-UFTAA Code, in relation to the hotel-keeper's obligation to make available certain facilities to the agency are: 1) not defining the type of accommodation facilities which will be made available and 2) non-content of the exculpation provisions of the hotel-keeper's contractual liability in case of unjustified transfer of allotment guests to another facility.
International Law. 26.1 To the extent that TOML’s obligations under this Agreement conflict with TOML’s ISA Obligations, the latter shall take precedence, and the Parties agree that TOML shall be relieved of its obligations under this Agreement to the extent and for the period that those obligations conflict with TOML’s ISA Obligations or other obligations at International Law.
26.2 Any relief provided to TOML under this Section 26 does not invalidate the remaining provisions of this Agreement nor affect the validity of that provision at a future date if it ceases to cause TOML to be in breach of TOML’s ISA Obligations.
International Law. To the extent that NORI’s obligations under this Agreement conflict with NORI’s ISA Obligations, the latter shall take precedence, and the Parties agree that NORI shall be relieved of its obligations under this Agreement to the extent and for the period that those obligations conflict with NORI’s ISA Obligations or other obligations at International Law.