pre-emption


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Related to pre-emption: Pre-emption rights

pre-emption

1 the right of buying before anyone else.
2 in international law, the right of a state to buy the property of another power in transit over its territory (or allow its own nationals to buy it).
3 in the USA, laws passed from 1841 onward allowing settlers to acquire title to public land. See also PRE-EMPTION CLAUSE.

PRE-EMPTION, intern. law. The right of preemption is the right of a nation to detain the merchandise of strangers passing through her territories or seas, in order to afford to her subjects the preference of purchase. 1 Chit. Com. Law, 103; 1 Bl. Com. 287.
     2. This right is sometimes regulated by treaty. In that which was made between the United States and Great Britain, bearing date the 10th day of November, 1794, ratified in 1795, it was agreed, art. 18, after mentioning that the usual munitions of war, and also naval materials should be confiscated as contraband, that "whereas the difficulty of agreeing on precise cases in which alone provisions and other articles not generally contraband may be regarded as such, renders it expedient to provide against the inconveniences and misunderstandings which might thence arise. It is further agreed that whenever any such articles so being contraband according to the existing laws of nations, shall for that reason be seized, the same shall not be confiscated, but the owners thereof shall be speedily and completely indemnified; and the captors, or in their default, the government under whose authority they act, shall pay to the masters or owners of such vessel the full value of all articles, with a reasonable mercantile profit thereon, together with the freight, and also the damages incident to such detention." See Mann. Com. B. 3, c. 8.
     3. By the laws of the United States the right given to settlers of public lands, to purchase them in preference to others, is called the preemption right. See act of L. April 29, 1830, 4 Sharsw. Cont. of Story, U. S. 2212.

References in periodicals archive ?
Holders of Level 1 American depositary shares (Level 1 ADSs), Regulation S global depositary shares (Regulation S GDSs) and Rule 144A global depositary shares (Rule 144A GDSs) representing rights to the Companys ordinary shares (together, the DSs) will be able to exercise the Pre-emption Rights described above, provided that they (i) surrender and cancel all or a portion of their DSs representing the number of ordinary shares, with respect to which they wish to exercise the Pre-emption Right, and take delivery of the relevant number of the ordinary shares represented by the DSs by close of trading on the Record Date and (ii) at the EGM, vote against the Closed Subscription or do not participate in voting on this matter.
The further analysis of the structure of Article 47 of the current LoC shows that Paragraphs 3-7 stipulate the procedure for the implementation of the pre-emption right to purchase the shares offered to sale, and Paragraph 11 details specific exemptions where the pre-emption right shall not be applied: "If shares in a private limited liability company are disposed of in any other manner prescribed by law (other than by selling) or under the court decision, this Article shall not apply; however, in any case of share disposal, the number of shareholders in a private limited liability company may not exceed <...>" 249 shareholders (Art.
The plaintiffs in the suit are alleging that minimum wage pre-emption is a civil rights violation because it (http://www.wsj.com/articles/workers-sue-over-alabama-wage-law-citing-civil-rights-1461853686) disproportionately harms Birmingham's low-wage workers of color .&nbsp;Nearly 75 percent of Birmingham's population is black, compared to 26 percent of the state's overall population, according to 2010 Census data.
(246) The GMO producers once again claimed state and federal pre-emption. (247) The district court promptly granted a preliminary injunction enjoining enforcement of the Maui Initiative.
However, the decision of November 2014 could have an indirect impact on litigation involving the right of pre-emption on cultural goods.
With all the many cases of derailments in addition to the pre-emption doctrine, a very, very dangerous stew is brewing.
If a defendant prevails on the pre-emption issue, it can avoid liability if it can show it complied with federal requirements.
If the grand bargain points Oregon toward a strong and consistent set of standards for GMOs, pre-emption will be a step forward.
In order to prevent competition with commercial operators, first responders will be given pre-emption. Mr.
The rest has to do with an agreement for pre-emption rights and call options entered into with RLB OOe Alu Invest GmbH, a 100% subsidiary of Invest Holding GmbH.
Mensing (1) that federal regulations governing generic pharmaceuticals pre-empt state law failure-to-warn tort claims, the law governing pre-emption in regard to generic pharmaceuticals has been in flux within United States courts.
He prescribed certain approaches deemed efficacious enough in combating malignancies namely by adopting cancer pre-emption anti-smoking measures.