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Act Of State Doctrine
The act-of-state doctrine or federal act of state doctrine is a principle of federal common law in the United States which states, in circumstances where it applies, that courts in the United States will not rule on the validity of another government's (formal) sovereign act with respect to property located within the latter's own territory. The act-of-state doctrine enters consideration most often in cases where a foreign sovereign has expropriated the property of a U.S. national located in that foreign territory (e.g. through nationalization). Background The act of state doctrine entered into American jurisprudence in the case ''Underhill v. Hernandez'', . In an 1892 revolution, General José Manuel "Mocho" Hernández expelled the existing Venezuelan government and took control of Ciudad Bolívar, where plaintiff Underhill lived and ran a waterworks system for the city. Underhill, an American citizen, repeatedly applied to Hernández for an exit passport, but his requests were r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arbitration
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Foreign Sovereign Immunity In The United States
Foreign may refer to: Government * Foreign policy, how a country interacts with other countries * Ministry of Foreign Affairs, in many countries ** Foreign Office, a department of the UK government ** Foreign office and foreign minister * United States state law, a legal matter in another state Science and technology * Foreign accent syndrome, a side effect of severe brain injury * Foreign key, a constraint in a relational database Arts and entertainment * Foreign film or world cinema, films and film industries of non-English-speaking countries * Foreign music or world music * Foreign literature or world literature * '' Foreign Policy'', a magazine Music * "Foreign", a song by Jessica Mauboy from her 2010 album '' Get 'Em Girls'' * "Foreign" (Trey Songz song), 2014 * "Foreign", a song by Lil Pump from the album ''Lil Pump'' Other uses * Foreign corporation, a corporation that can do business outside its jurisdiction * Foreign language, a language not spoken by the peo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Against Foreign Revenue Enforcement
The rule against foreign revenue enforcement, often abbreviated to the revenue rule, is a general legal principle that the courts of one country will not enforce the tax laws of another country. The rule is part of the conflict of laws rules developed at common law, and forms part of the act of state doctrine. In ''State of Colorado v. Harbeck'', 133 N.E. 357, 360 (N.Y. 1921) the court referred to In England, Lord Denning MR said in ''Att-Gen of New Zealand v Ortiz'' 984AC 1 at 20: The rule has been repeatedly applied in the United Kingdom, the United States, Canada, Australia, Ireland, Singapore, and other countries. It has also been codified into statute in various countries. History of the rule The earliest reported case on the rule is believed to be ''Attorney General v Lutwydge'' (1729) Bumb 280, 145 ER 674. In that case, the English courts refused to enforce a bond for Scottish tobacco duties. In 1775 Lord Mansfield CJ pronounced in ''Holman v Johnson'' (1775) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Comity
In law, comity is "a practice among different political entities (as countries, states, or courts of different jurisdictions)" involving the "mutual recognition of legislative, executive, and judicial The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudication, adjudicates legal disputes/disagreements and interprets, defends, and app ... acts." Etymology Comity derives from the Latin ''comitas'', courtesy, from ''cemis'', friendly, courteous. International law The doctrine of international comity has been described variously "as a choice-of-law principle, a synonym for private international law, a rule of public international law, a moral obligation, expediency, courtesy, reciprocity, utility, or diplomacy. Authorities disagree as to whether comity is a rule of natural law, Customary international law, custom, treaty, or domestic law. Indeed, there is not even agreem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Israeli Supreme Court
The Supreme Court (, ''Beit HaMishpat HaElyon''; ar, المحكمة العليا) is the Supreme court, highest court in Israel. It has ultimate appellate jurisdiction over all other courts, and in some cases original jurisdiction. The Supreme Court consists of 15 judges appointed by the President of Israel, upon nomination by the Judicial Selection Committee (Israel), Judicial Selection Committee. Once appointed, Judges serve until retirement at the age of 70 unless they resign or are removed from office. The current President of the Supreme Court is Esther Hayut. The Court is situated in Jerusalem's Givat Ram governmental campus, about half a kilometer from Israel's legislature, the Knesset. When ruling as the High Court of Justice (, ''Beit Mishpat Gavo'ah LeTzedek''; also known as its acronym ''Bagatz'', בג"ץ), the court rules on the legality of decisions of State authorities: government decisions, those of local authorities and other bodies and persons performing public f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adolf Eichmann
Otto Adolf Eichmann ( , ''''. ; 19 March 1906 – 1 June 1962) was a German-Austrian SS-'''' and one of the major organisers of – the so-called " |
Judicial Restraint
Judicial restraint is a judicial interpretation that recommends favoring the status quo in judicial activities; it is the opposite of judicial activism. Aspects of judicial restraint include the principle of stare decisis (that new decisions should be consistent with previous decisions); a conservative approach to standing and a reluctance to grant certiorari; and a tendency to deliver narrowly tailored verdicts, avoiding "unnecessary resolution of broad questions." Judicial restraint may lead a court to avoid hearing a case in the first place. The court may justify its decision by questioning whether the plaintiff has standing; or by refusing to grant certiorari; or by determining that the central issue of the case is a political question better decided by the executive or legislative branches of government; or by determining that the court has no jurisdiction in the matter. Judicial restraint may lead a court to decide in favor of the status quo. In a case of judicial re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conflict Of Laws
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad topics: ''jurisdiction'', rules regarding when it is appropriate for a court to hear such a case; ''foreign judgments'', dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and ''choice of law'', which addresses the question of which substantive laws will be applied in such a case. These issues can arise in any private-law context, but they are especially prevalent in contract law and tort law. Scope and terminology The term ''conflict of laws'' is primarily used in the United States and Canada, though it has also come into use in the United Kingdom. Elsewhere, the term ''private international law'' is commonly used. Some scholars from countries that use ''con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nevsun Resources Ltd V Araya
''Nevsun Resources Ltd v Araya'', 2020 SCC 5 is a landmark case in which the Supreme Court of Canada held, in a 5–4 decision, that a private corporation may be liable under Canadian law for breaches of customary international law committed in other countries. The case concerned human rights violations allegedly committed against workers at an Eritrean mine majority-owned by Nevsun Resources, a Canadian firm. The Supreme Court held that the alleged victims' case against Nevsun could proceed in the courts of British Columbia.''Nevsun'' SCC apara 132 It also established that the act of state doctrine is not recognized in Canadian law. Background Mining and human rights Mining is a significant part of the Canadian economy: approximately 75 percent of the world's mining companies are headquartered in Canada, and 60 percent are listed on the Toronto Stock Exchange. International expansion of the domestic mining industry has been championed by the Canadian government, and one sch ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commercial Court (England And Wales)
The King's Bench Division (or Queen's Bench Division when the monarch is female) of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts. It hears appeals on points of law from magistrates' courts and from the Crown Court. These are known as appeals by way of case stated, since the questions of law are considered solely on the basis of the facts found and stated by the authority under review. Specialised courts of the King's Bench Division include the Administrative Court, Technology and Construction Court, Commercial Court, and the Admiralty Court. The specialised judges and procedures of these courts are tailored to their type of business, but they are not essentially different from any other court of the King's Bench Division. Appeals from the High Court in civil matters are made to the Court of Appeal (Civil Division); in criminal matters appeal from the Divisional Court is made only to the Su ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
José Manuel "Mocho" Hernández
José is a predominantly Spanish and Portuguese form of the given name Joseph. While spelled alike, this name is pronounced differently in each language: Spanish ; Portuguese (or ). In French, the name ''José'', pronounced , is an old vernacular form of Joseph, which is also in current usage as a given name. José is also commonly used as part of masculine name composites, such as José Manuel, José Maria or Antonio José, and also in female name composites like Maria José or Marie-José. The feminine written form is ''Josée'' as in French. In Netherlandic Dutch, however, ''José'' is a feminine given name and is pronounced ; it may occur as part of name composites like Marie-José or as a feminine first name in its own right; it can also be short for the name ''Josina'' and even a Dutch hypocorism of the name ''Johanna''. In England, Jose is originally a Romano-Celtic surname, and people with this family name can usually be found in, or traced to, the English county of C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
