Sources of law Sample Clauses

Sources of law. The use of international criminal law to address serious environmental harm is relatively untraversed territory. There is no specific or comprehensive regime that directly applies criminal sanctions to environmental harm under international law. Consequently, this analysis surveys the existing legal framework of the ICC for its applicability to environmental harm. Consistent with the approach within the ICC, the hierarchy of sources of law set out in article 21 of the Rome Statute is generally the framework for the assessment, albeit with complementary references to additional legal sources where relevant for illustrative purposes.41 The framework set out in article 21 applies to both substantive and procedural aspects of the Rome Statute and accompanying instruments such as the Rules of Procedure and Evidence. In accordance with article 21(1)(a), the analysis looks first to the Rome Statute of the ICC, the Rules of Procedure and Evidence, and the Elements of Crimes.42 As part of the framework, it includes the Regulations of the Court, which are adopted by the Judges of the Court to govern its “routine functioning” pursuant to article 52 of the Statute.43 environment must be achieved primarily through other measures, criminal law has an important part to play in protecting the environment.”); United Nations Economic and Social Council, Resolution 1993/28, “The role of criminal law in the protection of the environment”, Annex: Conclusions of the Seminar on the Policy of Criminal Law in the Protection of Nature and the Environment in a European Perspective, held at Lauchhammer, Germany, from 25 to 29 April 1992, para.3 (“In addition, criminal law should play a flanking and supporting and, where appropriate, independent role”). 40 Xxxxx Xxxxxxxxxxxx, “The Role of French Environmental Associations in Civil Liability for Environmental Harm: Courtesy of Xxxxx”, Journal of Environmental Law 21:1 (2009), 87-112, p.95 (noting that environmental associations reported preferring the use of civil proceedings to criminal proceedings due to the more amenable standards and burdens in the civil jurisdiction.). 41 Rome Statute of the International Criminal Court, adopted on 17 July 1998 (entry into force: 1 July 2002), 42 Rome Statute, article 21(1)(a). It should be noted that the Elements of Crimes are not binding, but instead designed to “assist the Court in the interpretation and application of articles 6 (genocide), 7 (crimes against humanity) and 8 (war crimes)”; Rome...
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Sources of law. Article 25. Rights to Prevent Direct Use of the Invention
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Sources of law. This employment relationship shall be subject to the provisions of the Collective Bargaining Agreement for Employees of the Austrian Academy of Sciences and, subsidiarily, to the provisions of the Austrian Employees Act as amended from time to time. Furthermore, the Employee shall be subject to the following plant agreements as amended from time to time, provided that they are applicable to the institute: • Plant agreement on introduction and use of the Academy's information system (AkademIS) • Plant agreement as defined in Section 96 (1) (3) and Section 97 (1) (6) of the Austrian Labour Code [Arbeitsverfassungsgesetz/ArbVG] on the use of email and the internet at the Austrian Academy of Sciences • Plant agreement on commuting tax allowance as defined in Section 38 (1c) of the Collective Bargaining Agreement of the Austrian Academy of Sciences • Plant agreement on salary advances and temporary money grants at the Austrian Academy of Sciences • Plant agreement on health and social issues of employees of the Austrian Academy of Sciences • Plant agreement on child allowance and danger money (Section 36 (2) and (3) of the Collective Bargaining Agreement) • Plant agreement on flexible working hours at the Austrian Academy of Sciences • Plant agreement as defined in Section 3 of the Austrian Company Pensions Act [Betriebspensionsgesetz]. • Plant agreement on the granting of a project manager benefit • Plant agreement on per diems (Section 39 of the Collective Bargaining Agreement) of the Austrian Academy of Sciences • Plant agreement on registration of telephone call pulses at the Austrian Academy of Sciences • Plant Agreement as defined in Section 96 (1) (3) and Section 97 (1) (6) of the Austrian Labour Code [Arbeitsverfassungsgesetz/ArbVG] on monitoring and recording by optical, acoustic and electronic devices in facilities of the Austrian Academy of Sciences • Plant agreement on temporary relocation of the workplace to the home (regarding Section 12 (5) of the Collective Bargaining Agreement) of the Austrian Academy of Sciences The above regulations are available for inspection at the Employer's human resources department.
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Sources of law. Sources of law for compliance with this Regulation are the Constitution of the Republic, the (WHO) Framework Convention on Tobacco Control (WHA56.1 of May 21, 2003), including the guidelines and protocols of the Conferences of Parties; the International Treaties ratified by Honduras, including Decree Number 192-2004 on the Ratification of the WHO Framework Convention on Tobacco Control; the Special Law for Tobacco Control (LECT) and all the regulatory norms or provisions therefrom derived; IHADFA Law Legislative Decree Number 136-89 and its Regulation Executive Agreement Number 2213; the Special Regulation on Advertising of Alcoholic Beverages, Tobacco Products and Other Drugs, Executive Agreement Number 03-95; the Health Code; the Police and Social Coexistence Law; the Law on Municipalities; the Labor Code; the General Law of Public Administration; the prevailing Criminal Code; the Public Ministry Law; the Tax Code; other special administrative
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Sources of law. 1. In full compliance with Article 20, when hearing a case brought before it under this Agreement, the Court shall base its decisions on: a) Union law, including Regulation (EU) No 1257/2012 and Regula- tion (EU) No 1260/20127); b) this Agreement; c) the EPC; d) other international agreements applicable to patents and binding on all the Contracting Member States; and e) national law. 2. To the extent that the Court shall base its decisions on national law, including where relevant the law of non-contracting States, the applica- ble law shall be determined: a) by directly applicable provisions of Union law containing private international law rules, or 7) Council Regulation (EU) No 1260/2012 of 17 December 2012 implemen- ting enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements (OJEU L 361, 31.12.2012, p. 89) including any subsequent amendments.
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Sources of law. Sources of law to be applied by the Unified Court are set out in Article 24 as being EU law, the UPC agreement itself, the European Patent Convention, other international agreements applicable to patents and binding on all contracting states and, finally, national law. The effect of this is that most questions of infringement will be decided under the provisions of the UPCA itself or the EU’s directive on enforcement of IP rights and that validity issues will be decided under the terms of the European Patent Convention. However, it remains to be seen whether the new court will necessarily follow the EPO’s interpretation of the Convention or whether it will take account of differences from this in some national courts, for example the German approaches to inventive step and permissible amendments. The reliance on the European Patent Convention also means that claims will need to be interpreted in accordance with Article 69 of the European Patent Convention and the Protocol thereto which requires claims to be construed in a way which combines a fair protection for the patentee with a reasonable degree of certainty for third parties and takes account of equivalents. Since there is not yet a total agreement between national courts in Europe as to how to address how to apply a doctrine of equivalents (especially on the question of the extent to which prosecution history can be taken into account), we will need to wait for early decisions of the court to see how these provisions will be applied. Other provisions of the Unified Court Agreement deal specifically with aspects of patent law that are not addressed by the European Patent Convention.
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Related to Sources of law

  • Requirements of Law (a) If the adoption of or any change in any Requirement of Law or in the interpretation or application thereof or compliance by any Lender with any request or directive (whether or not having the force of law) from any central bank or other Governmental Authority made subsequent to the date hereof (or, in the case of LIBO Rate CAF Advances, made subsequent to acceptance by the Borrower of such LIBO Rate CAF Advance): (i) shall subject any Lender to any tax of any kind whatsoever with respect to this Agreement, any Note, any Letter of Credit, any Application, any Eurodollar Loan, Multicurrency Loan or LIBO Rate CAF Advance made by it, or change the basis of taxation of payments to such Lender in respect thereof (except for Non-Excluded Taxes covered by subsection 3.10 and changes in the rate of tax on the overall net income of such Lender); (ii) shall impose, modify or hold applicable any reserve, special deposit, compulsory loan or similar requirement against assets held by, deposits or other liabilities in or for the account of, advances, loans or other extensions of credit by, or any other acquisition of funds by, any office of such Lender which is not otherwise included in the determination of the Eurocurrency Rate; or (iii) shall impose on such Lender any other condition; and the result of any of the foregoing is to increase the cost to such Lender, by an amount which such Lender deems to be material, of making, converting into, continuing or maintaining Eurodollar Loans, Multicurrency Loans, LIBO Rate CAF Advances or issuing or participating in Letters of Credit or to reduce any amount receivable hereunder in respect thereof, then, in any such case, the Borrower shall promptly pay such Lender such additional amount or amounts as will compensate such Lender for such increased cost or reduced amount receivable; provided, that the Borrower shall not be required to pay to any Lender any amounts under this paragraph for any period prior to the date on which such Lender gives notice to the Borrower that such amounts are payable unless such Lender gives such notice within 180 days after it became aware or should have become aware of the event giving rise to such payment obligation. (b) If any Lender shall have determined that after the date hereof the adoption of or any change in any Requirement of Law regarding capital adequacy or in the interpretation or application thereof or compliance by such Lender or any corporation controlling such Lender with any request or directive regarding capital adequacy (whether or not having the force of law) from any Governmental Authority made subsequent to the date hereof shall have the effect of reducing the rate of return on such Lender's or such corporation's capital as a consequence of its obligations hereunder or under any Letter of Credit to a level below that which such Lender or such corporation could have achieved but for such adoption, change or compliance (taking into consideration such Lender's or such corporation's policies with respect to capital adequacy) by an amount deemed by such Lender to be material, then from time to time, the Borrower shall promptly pay to such Lender such additional amount or amounts as will compensate such Lender for such reduction; provided, that the Borrower shall not be required to pay to any Lender any amounts under this paragraph for any period prior to the date on which such Lender gives notice to the Borrower that such amounts are payable unless such Lender gives such notice within 180 days after it became aware or should have become aware of the event giving rise to such payment obligation. (c) If any Lender becomes entitled to claim any additional amounts pursuant to this subsection, it shall promptly notify the Borrower (with a copy to the Administrative Agent) of the event by reason of which it has become so entitled. A certificate as to any additional amounts payable pursuant to this subsection submitted by such Lender to the Borrower (with a copy to the Administrative Agent) shall be conclusive in the absence of manifest error. The agreements in this subsection shall survive the termination of this Agreement and the payment of the Loans and all other amounts payable hereunder.

  • Violations of Law Beginning with the submission of the UCF DHRL On-Line Agreement, and continuing until termination or cancellation of the Student’s residency, the Student must inform UCF DHRL if the Student: A. has outstanding or pending criminal charges which have not yet been resolved; X. has been adjudicated guilty of a criminal charge; C. has had adjudication withheld on a criminal charge; D. is participating in either a pre-trial diversion or a court ordered probation program on a criminal charge; and/or E. is charged with a criminal violation during the time period described in this paragraph.

  • Application of Law The Lessee shall comply with all laws, ordinances, regulations, and other legal requirements affecting the Premises and the use thereof, and the Lessee shall indemnify, defend, and hold the Lessor harmless from expense or damage resulting from failure to do so.

  • PROVISIONS OF LAW ‌ It is understood and agreed that this Memorandum of Understanding is subject to all current and future applicable Federal, State and County laws; Federal and State regulations; the Charter of the County of Los Angeles, and any lawful rules and regulations enacted by County's Civil Service Commission, Employee Relations Commission, or similar independent commissions of the County. If any part or provision of this Memorandum of Understanding is in conflict or inconsistent with such applicable laws, rules or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law, regulations, or rules, and the remainder of this Memorandum of Understanding shall not be affected thereby.

  • Jurisdiction of Law The laws of the State of Minnesota shall govern the validity, construction and effect of this contract, unless said laws are superseded by, or in conflict with applicable federal laws and/or federal regulations. This contract will be binding upon the parties, their heirs, beneficiaries, and devisees of the parties hereto. The parties agree that Hennepin County, Minnesota is the appropriate forum for any action relating to this contract. This contract may be signed in counterparts.

  • Valid Choice of Law The choice of laws of the State of New York as the governing law of this Agreement is a valid choice of law under the laws of such Selling Stockholder’s jurisdiction of organization (if other than the United States) and will be honored by the courts of such Selling Stockholder’s jurisdiction of organization (if other than the United States). The Selling Stockholder has the power to submit, and pursuant to Section 18(c) of this Agreement, has legally, validly, effectively and irrevocably submitted, to the personal jurisdiction of each New York State and United States federal court sitting in the City of New York and has validly and irrevocably waived any objection to the laying of venue of any suit, action or proceeding brought in such court.

  • Conflict of Law In the event that any of the terms or conditions of this Agreement are contrary to or unenforceable by reason of any law or governmental decision, ruling or regulation, such terms or conditions shall be deemed to be severed from this Agreement, and the illegality or unenforceability thereof shall not in any manner affect or impair any other terms or conditions of this Agreement.

  • Standing and Choice of Law That each State Mortgage Regulator has standing to enforce this Agreement in the judicial or administrative process otherwise authorized under the laws and regulations of the corresponding Participating State. Upon entry, this Agreement shall be deemed a final order of each respective State Mortgage Regulator unless adoption of a subsequent order is necessary under the laws of the corresponding Participating State. In the event of any disagreement between any State Mortgage Regulator and Respondent regarding the enforceability or interpretation of this Agreement and compliance therewith, the courts or administrative agency authorized under the laws of the corresponding Participating State shall have exclusive jurisdiction over the dispute, and the laws of the Participating State shall govern the interpretation, construction, and enforceability of this Agreement.

  • Forum and Choice of Law The parties deem the Contract to have been made in the City of Hartford, State of Connecticut. Both parties agree that it is fair and reasonable for the validity and construction of the Contract to be, and it shall be, governed by the laws and court decisions of the State of Connecticut, without giving effect to its principles of conflicts of laws. To the extent that any immunities provided by Federal law or the laws of the State of Connecticut do not bar an action against the State, and to the extent that these courts are courts of competent jurisdiction, for the purpose of venue, the complaint shall be made returnable to the Judicial District of Hartford only or shall be brought in the United States District Court for the District of Connecticut only, and shall not be transferred to any other court, provided, however, that nothing here constitutes a waiver or compromise of the sovereign immunity of the State of Connecticut. The Contractor waives any objection which it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits to such jurisdiction in any suit, action or proceeding.

  • Validity of Choice of Law The choice of the laws of the State of New York as the governing law of this Agreement and the Representative’s Warrants is a valid choice of law under the laws of the Cayman Islands and the PRC and will be honored by courts in the Cayman Islands and the PRC. The Company has the power to submit, and pursuant to this Agreement and the Representative’s Warrants, has legally, validly, effectively and irrevocably submitted, to the personal jurisdiction of each State of New York and United States Federal court sitting in the Borough of Manhattan in the City of New York (each, a “New York Court”) and has validly and irrevocably waived any objection to the laying of venue of any suit, action or proceeding brought in any such court; and the Company has the power to designate, appoint and empower, and pursuant to this Agreement and the Representative’s Warrants, has legally, validly, effectively and irrevocably designated, appointed and empowered, an authorized agent for service of process in any action arising out of or relating to this Agreement, the Representative’s Warrants, any preliminary prospectus, the Pricing Disclosure Package, the Prospectus, the Registration Statement, or the offering of the Securities in any New York Court, and service of process effected on such authorized agent will be effective to confer valid personal jurisdiction over the Company as provided in this Agreement and the Representative’s Warrants. The choice of the laws of the State of Florida as the governing law of the Escrow Agreement is a valid choice of law under the laws of the Cayman Islands and the PRC and will be honored by courts in the Cayman Islands and the PRC. The Company has the power to submit, and pursuant to the Escrow Agreement, has legally, validly, effectively and irrevocably submitted, to the personal jurisdiction of each State of Florida and United States Federal court sitting in the State of Florida (each, a “Florida Court”) and has validly and irrevocably waived any objection to the laying of venue of any suit, action or proceeding brought in any such court; and the Company has the power to designate, appoint and empower, and pursuant to the Escrow Agreement, has legally, validly, effectively and irrevocably designated, appointed and empowered, an authorized agent for service of process in any action arising out of or relating to the Escrow Agreement, any preliminary prospectus, the Pricing Disclosure Package, the Prospectus, the Registration Statement, or the offering of the Securities in any Florida Court, and service of process effected on such authorized agent will be effective to confer valid personal jurisdiction over the Company as provided in the Escrow Agreement.

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