Regardless of whether we see these norms as preemptory
norms of international law within the meaning of Article 53 of the Vienna Convention on the Law of Treaties, they, and other international human rights instruments, constitute "other rules of international law applicable in relations between the parties" that can be considered by the Dispute Settlement Body or the Appellate Body for the purposes of interpreting the treaty obligations under the WTO pursuant to Article 31(3)(c) of the Vienna Convention on the Law of Treaties.
21] As a quintessential political act, a State may only be deemed to be acting against international law in recognizing a State if such recognition would be sanctioning the illegal use of or acquisition of territory by force, or violations of preemptory
norms of international law such as racial discrimination.
men may be as positive and preemptory
in error as in truth.
challenges have been exhausted as the Iraqi president has signed their execution verdicts," added the source.
While accounting for fear as a primary motivation for bonding with others (a theme common to social-contract theories, its Hobbesian version underpinning much of modern-day preemptory
strategic thinking), Ibn Khaldun's incredible and under-recognized insight in this regard is that this instinct's bonding function is the fear one has not for oneself, but for the other.
61) Thus, a state may not rely on necessity to avoidjus cogens, or a nonderogable, preemptory
norm of international law.
NASCUS CEO Mary Martha Fortney's opinion piece (in last week's issue) expressed concerns over the CUSO, loan participation and or interest rate risk proposals from the NCUA due to their "their sweeping preemptory
nature" leaving "little flexibility for states to authorize distinct powers for their credit unions, a disturbing trend to NASCUS with respect to the long-term viability of the dual chartering system.
dealings in relation to his erstwhile RSS comrade Sanjay Joshi is a pointer to his style.
27, 34 (2007) ("[S]tate, county, and local ordinances aimed at regulating general immigration functions are unconstitutional as a function of exclusive federal preemptory
Among the remaining questions: Which if any states will still object (as a clearinghouse, NARAB will have preemptory
authority to grant nonresident licenses); and whether there will be any action on the bill in the Senate Banking Committee.
87) During jury selection, the prosecutor used all of his preemptory
challenges to eliminate black jurors.
The Curia's preemptory
bid to take control of the council in one suave swoop was stopped in its tracks.