Court : US Supreme Court
..... den berg, the new york convention of 1958: towards a uniform judicial interpretation 152-154 (1981); contini, international commercial arbitration: the united nations convention on the recognition and enforcement ..... the antitrust laws; (2) an arbitration clause should not normally be construed to cover a statutory remedy that it does not expressly identify; (3) congress did not intend 2 of the federal arbitration act to apply to antitrust claims; and (4) congress did not intend the convention on the recognition and enforcement of foreign arbitral awards to apply to disputes that are not covered by the federal arbitration ..... petitioner then brought an action in federal district court under the federal arbitration act and the convention on the recognition and enforcement of foreign arbitral awards, seeking an order to compel ..... footnote 2/20 ] "any person who shall be injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by this act, may sue therefor in any circuit court of the united states in the district in which the defendant resides or is found, without respect to the amount in controversy, and shall recover three fold the damages by him sustained, and the costs ..... soler reasons that, because it falls within the class for whose benefit the federal and local antitrust laws and dealers' acts were passed, but the arbitration clause at issue does not mention these statutes or statutes in general, the clause cannot .....
Tag this Judgment!Court : US Supreme Court
..... in 1968, however, the united states agreed to comply with the substantive provisions of articles 2 through 34 of the 1951 united nations convention relating to the status of refugees. ..... the term was then incorporated in the united nations convention page 480 u. s. ..... thus, although 243(h) itself did not constrain the attorney general's discretion after 1968, presumably he honored the dictates of the united nations convention. ..... the interpretation afforded to the iro definition is important in understanding the united nations' definition, since the committee drafting the united nations' definition made it clear that it sought to "assure that the new consolidated convention should afford at least as much protection to refugees as had been provided by previous agreements. ..... i agree with the court that the plain meaning of "well founded fear" and the structure of the immigration and nationality act (act) clearly demonstrate that the "well founded fear" standard and the "clear probability" standard are not equivalent. ..... 310 (1973), as of 1981, the ins was still instructing its officials to apply a "good reason" test to requests for asylum from aliens not within the united states. ..... ins, 668 f.2d 1312, 1319 (ca9 1981); matter of frentescu, 18 i. ..... 273 (1981); see also general electric co. v. ..... 2 (1981); irvine v. ..... 11, 1981) (explaining that "well founded fear" is satisfied if applicant "can show good reason why he/she fears persecution"). ..... 9, 20-64 (1981). ..... 15, 18 (bia 1981). ..... 139 (1981). .....
Tag this Judgment!Court : US Supreme Court
..... court has previously recognized and as the majority acknowledges again today congress passed the refugee act to implement the united nations convention relating to the status of refugees, 189 u. n. t. s. ..... 6577 (1968), as well as the united nations convention relating to the status of refugees, 189 u. n. ..... court has twice recognized, one of congress primary purposes in passing the refugee act was to implement the principles agreed to in the 1967 united nations protocol relating to the status of refugees, jan. ..... after considering the ina s language, its legislative history, and the united nations protocol that congress had implemented, the court determined that the two standards are not ..... indeed, the united nations handbook, to which the court has looked for guidance in the past, states that all relevant factors, including mitigating circumstances, must be considered in determining whether an alien s acts are of a criminal nature as contemplated by ..... further, the conclusory pronouncement in the office of the united nations high commissioner for refugees handbook on procedures and criteria for determining refugee status 162 ( ..... 490 (1981), does not govern our interpretation of the persecutor bar, i would provide a definite answer to the question presented and then remand for ..... 490 (1981), in interpreting the statute, see ante , at 9 11 (majority opinion); ante , at 2 (scalia ..... 490 (1981), held that the statute does not require that the persecution be ..... 490 (1981), compelled ..... (1981), ..... (1981) .....
Tag this Judgment!Court : Supreme Court of India
..... the issues were debated threadbare in the united nation convention against illicit 232 traffic in narcotic drugs and psychotropic substances, basle statement of principles enunciated in 1989, the fatf established at the summit of seven major industrial nations held in paris from 14th to 16th july, 1989, the political declaration and noble programme of action adopted by united nations general assembly vide its resolution no.s-17/2 of 23.2.1990, the united nations in the special session on countering world drug ..... fourthly - whether jurisdiction subsists under the act 96 special session of the united nations held for 'countering world drug problem together ..... aforesaid act also addresses the international obligations under the political declaration and global programme of action adopted by general assembly of the united nations ..... disguise of the true nature, source, location, disposition, movement, rights with respect to, or ownership of property, knowing that such property is derived from an offence or offences established in accordance with subparagraph a) of this paragraph or from an act of participation in such an offence or offences; c) subject to its constitutional principles and the basic concepts of its legal system: i) the acquisition, possession or use of property, knowing, at the time of receipt, that such property was ..... . paragraph27offences under the air (prevention and control of pollution) act, 1981 (14 of 1981) section description of offence 37 failure to comply with .....
Tag this Judgment!Court : US Supreme Court
..... subsequently, in 1981, after receiving another notice to surrender for deportation, respondent filed a second motion to reopen, again seeking relief under 243(h), which in the meantime had been amended by the refugee act of 1980 -- in conformity with the language of article 33 of the 1968 united nations protocol relating to the status of refugees that had been acceded to by the united states -- to provide that the attorney general shall not deport an alien if the attorney general ..... parties to comply with the substantive provisions of articles 2 through 34 of the united nations convention relating to the status of refugees, 189 u.n.t.s. ..... 1) ("the expression lawfully within their territory' throughout this draft convention would exclude a refugee who while lawfully admitted has overstayed the period for which he was admitted or was authorized to stay or who has violated any other condition attached to his admission or stay"); see also united nations economic and social council, report of ad hoc committee on statelessness and related problems, second session ..... an asylum request by an ins district director or american consul still did not "preclude the alien, in a subsequent expulsion hearing, from applying for the benefits of section 243(h) of the act and of articles 32 and 33 of the convention relating to the status of refugees," 8 cfr 108.2 (1980), it appears that requests for asylum were to be judged by the same likelihood-of-persecution standard applicable to 243(h) claims. .....
Tag this Judgment!Court : House of Lords
..... gummow j put it in ibrahim (2000) 204 clr 1, para 142, in his judgment given in october 2000, "there have been attempts which it is unnecessary to recount here to broaden the scope of the convention itself by a draft united nations convention on territorial asylum but these collapsed more than twenty years ago." 18. ..... asylum applications will be determined by the secretary of state in accordance with the united kingdom's obligations under the united nations convention and protocol relating to the status of refugees. ..... these rules an asylum applicant is a person who claims that it would be contrary to the united kingdom's obligations under the united nations convention and protocol relating to the status of refugees for him to be removed from or required to leave the united kingdom. ..... the question in that case was whether an executive order directing the us coast guard to intercept vessels illegally transporting passengers from haiti to the united states and to return those passengers to haiti without first determining whether they qualified as refugees violated article 243(h)(1) of the immigration and nationality act 1952 and article 33 of the 1951 convention ..... " the same body reiterated in 1981 (conclusion no 22 (xxxii, 1981, "protection of asylum-seekers in situations of large-scale influx": report of the 32nd session: un doc a/ac.96/601, para 57(2)) that "in all cases the fundamental principle of non-refoulement including non-rejection at the frontier must be scrupulously observed .....
Tag this Judgment!Court : Delhi
..... apart from the foregoing concerns, in the jj act of 2000, the following further proposals were made: (i) to lay down the basic principles of administering justice to a juvenile or the child in the bill; (ii) to make the juvenile justice system meant for a juvenile or the child more appreciative of the developmental needs in comparison to criminal justice system as applicable to adults; (iii) to bring the juvenile law in conformity with the united nations convention on the rights of the child; crl rev ..... view of the trans-national nature of the problem, the 'protocol to prevent, suppress and punish trafficking in persons, especially women and children' (also referred to as the trafficking protocol ) which is a protocol to the convention against transnational organised crime was adopted by the united nations in palermo in 2000. ..... on 20th november, 1989, the convention on the rights of the child ( crc hereafter) was adopted by the united nations general assembly being the 30th anniversary of the declaration of the rights of the ..... drew my attention to the pronouncement of the apex court reported at (1981) 1 scc315life insurance corporation of india vs. ..... state of haryana, air1981sc2037: (1981 crilj1497, the decision of karnataka high court in krishna's case is no more good ..... d.j.bahadur air1980sc2181: (1981) 1 scc315 damji valji shah ..... principles with regard to interpretation of statutes have been culled out by the supreme court in the judgment pronounced at air1981sc1922: (1981) 4 scc173k.p. .....
Tag this Judgment!Court : House of Lords
..... relevant treaty is the united nations convention on jurisdictional immunities of states and their property (2004) (hereafter "the state immunity convention") which has been signed but not yet ratified by the united kingdom and a number ..... earlier, that is the general understanding of article 14 and the united states in particular accompanied its ratification of the convention with a statement that: "it is the understanding of the united states that article 14 requires a state party to provide a private right of action for damages only for acts of torture committed in territory under the jurisdiction of that state party ..... at this point in the analysis, i think that certain conclusions (taking the pleadings at face value) are inescapable: (1) that all the individual defendants were at the material times acting or purporting to act as servants or agents of the kingdom; (2) that their acts were accordingly attributable to the kingdom; (3) that no distinction is to be made between the claim against the kingdom and the claim against the personal defendants; and (4) that none ..... of domestic statutes elsewhere, such as section 1604 of the united states foreign sovereign immunities act 1976, section 3(1) of the singapore state immunity act 1979, section 3(1) of the pakistan state immunity ordinance 1981, section 2(1) of the south african foreign states immunities act 1981, section 3(1) of the canadian state immunity act 1982 and section 9 of the australian foreign states immunities act 1985. .....
Tag this Judgment!Court : House of Lords
..... this only applies to cases within the european union (over half of the applications coming before the high court), the principle is in my view of universal application and consistent with our international obligations under article 12 of the united nations convention on the rights of the child. ..... here, by authority of the court of appeal, that it is not necessary for someone in the position of this father to await or seek a formal request from the judicial or administrative authorities of another contracting state; and that article 15 of the hague convention and the wider terms of section 8 of the 1985 act, when taken together, contemplate and empower this court to make such a declaration even before there are any proceedings in, or any request from, a foreign contracting state ..... writing shortly after the convention was entered into, he said that the definition of "rights of custody" in article 5 suggests that the breach of a right simply to give or to withhold consent to changes in a child's place of residence is not to be construed as a breach of rights of custody in the sense of article 3: "the hague convention on international child abduction" (1981) 30 iclq 537, 546 ..... it is quite clear from the explanatory report of professor elisa p rez-vera (april 1981) that the original parties to the convention drew a deliberate distinction between rights of custody and rights of access and did not intend that mere rights of access should entitle a parent to demand the summary return of the child .....
Tag this Judgment!Court : Supreme Court of India
..... further, they are as important to self-development as the intellectual (and 194 the preamble of the united nations convention on the rights of the child recognizes the importance of the family in the following terms: convinced that the family, as the fundamental group of society and the natural environment for the ..... in shakti vahini (supra), proceedings under article 32 of the constitution were instituted seeking directions (i) to state governments and the central government to initiate steps to combat honour crimes or caste-based or religion- based murder and submit a national plan of action and a state plan of action to curb such crimes; (ii) to direct state governments to constitute special cells in each district; and (iii) to launch prosecutions in each case of honour killing or caste- 134 ..... , what is sometimes overlooked, that our constitution contains express provisions for judicial review of legislation as to its conformity with the constitution, unlike as in america where the supreme court has assumed extensive powers of reviewing legislative acts if, then, the courts in this country face up to such important and none too easy task, it is not out of any desire to tilt at legislative authority in a crusader's spirit, but in discharge of a duty plainly ..... the court went on to hold that article 27 2018 (9) scr56128 1981 (2) scr51629 1980 (3) scr8552 0 21 is the sanctuary of human values, prescribes fair procedure and forbids ..... social security, 1981 (1) all er545 ..... khan (1981) 4 .....
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