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. 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. 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. Article 25. Rights to Prevent Direct Use of the Invention
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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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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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Related to Sources of law

  • Requirements of Law If the adoption of or any change in any Requirement of Law or in the interpretation or application thereof applicable to the Lender, or compliance by the Lender with any request or directive (whether or not having the force of law) from any central bank or other Governmental Authority, in each case made subsequent to the Closing Date (or, if later, the date on which such Lender becomes a Lender) (it being understood and agreed that matters set forth in the Consultation Paper issued by the Basle Committee on Banking Supervision of June 1999 shall not be treated as having been adopted or applied prior to the Closing Date): (i) shall subject the Lender to any tax of any kind whatsoever with respect to the Loans made by it or change the basis of taxation of payments to the Lender in respect thereof (except for Non-Excluded Taxes covered by Section 2.8 (including Non-Excluded Taxes imposed solely by reason of any failure of the Lender to comply with its obligations under Section 2.8 (b)) and changes in taxes measured by or imposed upon the overall net income, or franchise tax (imposed in lieu of such net income tax), of the Lender or its applicable lending office, branch, or any affiliate thereof); (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 the Lender; or (iii) shall impose on the Lender any other condition (excluding any tax of any kind whatsoever); and the result of any of the foregoing is to increase the cost to the Lender, by an amount which such Lender deems to be material, of making, continuing or maintaining the Loans or to reduce any amount receivable hereunder in respect thereof, then, in any such case, upon notice to the Borrower from the Lender, in accordance herewith, the Borrower shall promptly pay the Lender, upon its demand, any additional amounts necessary to compensate the Lender for such increased cost or reduced amount receivable; provided that the Borrower shall not be under any obligation to pay to the Lender amounts otherwise owing under this Section 2.7 if the Lender shall not have delivered such written notice to the Borrower, within ninety (90) days following the later of (A) the date of occurrence of the event which forms the basis for such notice and request for compensation and (B) the date the Lender becomes aware of such event. If the Lender becomes entitled to claim any additional amounts pursuant to this Section, it shall provide prompt notice thereof to the Borrower certifying (x) that one of the events described in this Section has occurred and describing in reasonable detail the nature of such event, (y) as to the increased cost or reduced amount resulting from such event and (z) as to the additional amount demanded by the Lender and a reasonably detailed explanation of the calculation thereof. Such a certificate as to any additional amounts payable pursuant to this Section submitted by the Lender to the Borrower shall be conclusive in the absence of manifest error. This covenant shall survive the termination of this Credit Agreement and the payment of the Loans and all other amounts payable hereunder. Notwithstanding the foregoing, the Lender agrees that, before giving any notice seeking a payment of additional amounts under this Section 2.7, the Lender will use reasonable efforts (consistent with its internal policy and legal and regulatory restrictions) to designate a different office, branch or Affiliate as the office, branch or Affiliate of the Lender making, continuing or maintaining the Loans hereunder or having the commitments and obligations hereunder resulting in such increased cost to the Lender or reduction in the amount receivable by the Lender hereunder if making such designation would avoid the need for, or reduce the amount of, such increased cost or would avoid or decrease the reduction in the amount receivable hereunder and would not, in the reasonable judgment of such Lender, be otherwise disadvantageous to the Lender.

  • 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 law of the State of New York as the governing law of this Agreement and the Deposit Agreement (collectively, the “Transaction Documents”) are valid choices of law under the laws of Japan and will be honored by courts in Japan, subject to the conditions and restrictions described under the caption “Enforceability of Civil Liabilities” in the Registration Statement, the General Disclosure Package and the Prospectus and to compliance with relevant civil procedural requirements (which do not involve a re-examination of the merits of the claim) in Japan. The Company has the power to submit, and pursuant to Section 8(g) of this Agreement and Section 7.6 of the Deposit Agreement has legally, validly, effectively and irrevocably submitted, to the non-exclusive personal jurisdiction of (i) with respect to proceedings arising out of this Agreement, any New York State or United States federal court located in the City of New York, Borough of Manhattan, (each, a “New York Court”), and (ii) with respect to proceedings arising under the Deposit Agreement, any state or federal court in the State of New York. The Company has the power to designate, appoint and authorize, and pursuant to Section 8(h) of this Agreement, has legally, validly, effectively and irrevocably designated, appointed an authorized agent for service of process in any action arising out of or relating to this Agreement or 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 Section 8(g) of this Agreement.

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