Judiciary Of The British Virgin Islands
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Judiciary Of The British Virgin Islands
The judiciary of British Virgin Islands is based on the judiciary of the United Kingdom. The British Virgin Islands is a member state of the Eastern Caribbean Supreme Court. The courts are organized at four levels, including the provision for final appeal to the Judicial Committee of the Privy Council in London. The British Virgin Islands is a common law jurisdiction, although British Virgin Islands law and procedure differs to a great degree from English law because of local statutes, orders and civil procedure rules. However, in certain instances British Virgin Islands law provides that in default of any local provision, English law or procedure shall apply. Magistrate's Court The Magistrate's Court is the court of lowest jurisdiction in the British Virgin Islands. The Magistrate's Court deals mainly with criminal matters with summary jurisdiction, minor civil claims, and certain family law matters. The Magistrate also has limited jurisdiction in relation to salvage and ...
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British Virgin Islands
) , anthem = "God Save the King" , song_type = Territorial song , song = "Oh, Beautiful Virgin Islands" , image_map = File:British Virgin Islands on the globe (Americas centered).svg , map_caption = , mapsize = 290px , image_map2 = British Virgin Islands - Location Map (2013) - VGB - UNOCHA.svg , mapsize2 = 250px , subdivision_type = Sovereign state , subdivision_name = , established_title = , established_date = Dutch West Indies , established_title2 = British capture , established_date2 = 1672 , established_title3 = Cooper Island (British Virgin Islands), Cooper Island sold to UK , established_date3 = 1905 , established_title4 = Separate colony , established_date4 = 1960 , established_title5 = Autonomy , established_date5 = 1967 , official_languages = North American English, English , demonym = , capital = Road Town , coordinates = , largest_city = capital , ethnic_groups = 76.9% Black people, Black5.6% Hispanic5.4% White people, White5.4% Multirac ...
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Judiciaries By Country
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ...
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Inter-American Court Of Human Rights
The Inter-American Court of Human Rights (IACHR or IACtHR) is an international court based in San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it was formed by the American Convention on Human Rights, a human rights treaty ratified by members of the Organization of American States (OAS). Pursuant to American Convention, the Inter-American Court works with the Inter-American Commission to uphold and promote basic rights and freedoms. It has jurisdiction within 25 of the 35 member states of the OAS that have acceded to its authority, the vast majority in Latin America. The court adjudicates claims of human rights violations by government and issues advisory opinions on interpretations of certain legal matters. Twenty-nine OAS members are also members of the wider-scale International Criminal Court. Purpose and functions The Organization of American States established the Court in 1979 to enforce and interpret the provisions of the American ...
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Organization Of American States
The Organization of American States (OAS; es, Organización de los Estados Americanos, pt, Organização dos Estados Americanos, french: Organisation des États américains; ''OEA'') is an international organization that was founded on 30 April 1948 for the purposes of solidarity and co-operation among its member states within the Americas. Headquartered in the United States capital, Washington, D.C., the OAS has 35 members, which are independent states in the Americas. Since the 1990s, the organization has focused on election monitoring. The head of the OAS is the Secretary General of the Organization of American States, Secretary General; the incumbent is Uruguayan Luis Almagro. History Background The notion of an international union in the New World was first put forward during the liberation of the Americas by José de San Martín and Simón Bolívar who, at the 1826 Congress of Panama (still being part of Colombia), proposed creating a league of American republics, w ...
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European Court Of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the Convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its 46 member states are contracting parties to the convention. Russia, having been expelled from the Council of Europe as of 16 March 2022, ceased to be a party to the convention with effect from 1 ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of Scotland in 170 ...
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European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the ...
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Council Of Europe
The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it has 46 member states, with a population of approximately 675 million; it operates with an annual budget of approximately 500 million euros. The organisation is distinct from the European Union (EU), although it is sometimes confused with it, partly because the EU has adopted the original Flag of Europe, European flag, created for the Council of Europe in 1955, as well as the Anthem of Europe, European anthem. No country has ever joined the EU without first belonging to the Council of Europe. The Council of Europe is an official United Nations General Assembly observers, United Nations Observer. Being an international organization, the Council of Europe cannot make laws, but it does have the ability to push for the enf ...
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Caribbean Court Of Justice
The Caribbean Court of Justice (CCJ; nl, Caribisch Hof van Justitie; french: Cour Caribéenne de Justice) is the judicial institution of the Caribbean Community (CARICOM). Established in 2005, it is based in Port of Spain, Trinidad and Tobago. The Caribbean Court of Justice has two jurisdictions: an original jurisdiction and an appellate jurisdiction: * In its original jurisdiction, the CCJ interprets and applies the Revised Treaty of Chaguaramas (which established the Caribbean Community), and is an international court with compulsory and exclusive jurisdiction in respect of the interpretation of the treaty. * In its appellate jurisdiction, the CCJ hears appeals as the court of last resort in both civil and criminal matters from those member states which have ceased to allow appeals to the Judicial Committee of the Privy Council (JCPC). , Barbados, Belize, Dominica and Guyana have replaced the JCPC's appellate jurisdiction with that of the CCJ. National referendums undertaken ...
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Hague V Nam Tai Electronics
''Hague v Nam Tai Electronics'' refers to a pair of legal decisions of the Privy Council on appeal from the British Virgin Islands. The first was a unanimous decision given by Lord Hoffman, reported at 006UKPC 52, which focussed upon the anti-deprivation rule and secured creditor's rights. The second was a unanimous decision given by Lord Scott, reported at 008UKPC 13, and concerned the liability of a company liquidator. The second decision was much more widely reported. Lord Bingham of Cornhill and Lord Rodger of Earlsferry sat on both appeals, but neither gave a judgment in either of them. Separately in the saga, there was also a third application for leave to appeal to the Privy Council on another point, but leave was refused. Background Nam Tai Electronics Inc. was a company incorporated in the British Virgin Islands under the International Business Companies Act and whose shares were listed on the New York Stock Exchange. It was carrying on business princi ...
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Stichting Shell Pensioenfonds V Krys
was a decision of the Privy Council on appeal from the British Virgin Islands relating to an anti-suit injunction in connection with an insolvent liquidation being conducted by the British Virgin Islands courts. Background Fairfield Sentry Ltd Bernard L. Madoff Investment Securities LLC (referred to in the judgment as "BLMIS") was a New York-based fund manager controlled by Bernard Madoff. Over a period of at least seventeen years Madoff operated what was probably the largest Ponzi scheme in history, accepting sums variously estimated between $17 billion and $50 billion for investment. From at least the early 1990s there appear to have been no trades and no investments. Reports and returns to investors were fictitious and the corresponding documentation fabricated. On 11 December 2008, Mr Madoff was arrested, and in March 2009 pleaded guilty to a number of counts of fraud. Funds for investment were commonly entrusted to BLMIS by "feeder funds". The largest of these w ...
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