LAWIN

Search results for: “discretionary jurisdiction”

  • De Sanchez v. Banco Central de Nicaragua

    JOSEFINA NAJARRO de SANCHEZ v. BANCO CENTRAL de NICARAGUA United States Court of Appeals for the Fifth Circuit 770 F.2d 1385 Decided September 19, 1985 GOLDBERG, Circuit Judge: Clausewitz once described war as politics carried on by other means. Here it could be said that litigation is war carried on by other means. The plaintiff’s…

  • Outline of Evidence

    Note: this entry is based in United States law I. Burdens and Presumptions a. Burden of Proof i. Burden of pleading 1. You have to plead a claim, to state a claim for which relief can be granted ii. Burden of production 1. Must introduce evidence to support your claim in your pleading iii. Burden…

  • International Criminal Court Part 30

    International Criminal Court Part 30   560 Enhancing the Legitimacy and Accountability of Prosecutorial Discretion at the International Criminal Court Allison Marston Danner American Journal of International Law Volume 97, Number 3, July 2003 p.510 LAW JOURNAL / LAW REVIEW This article inquires into both the political accountability of the ICC Prosecutor regarding the considerable…

  • International Criminal Court Part 24

    International Criminal Court Part 24   462 [Symposium] Reflections on the Exercise of Prosecutorial Discretion in International Criminal Law Cote, L. Journal of International Criminal Justice Volume 3, Number 1, March 2005 LAW JOURNAL / LAW REVIEW This paper sheds some light on the exercise of prosecutorial discretion in International Criminal Law , particularly within…

  • International Criminal Court Part 24

    International Criminal Court Part 24   462 [Symposium] Reflections on the Exercise of Prosecutorial Discretion in International Criminal Law Cote, L. Journal of International Criminal Justice Volume 3, Number 1, March 2005 LAW JOURNAL / LAW REVIEW This paper sheds some light on the exercise of prosecutorial discretion in International Criminal Law , particularly within…

  • International Criminal Court Part 19

    International Criminal Court Part 19   373 Who’s Afraid of the Big Bad Wolf? The International Criminal Court as a Weapon of Asymmetric Warfare W. Chadwick Austin, Antony Barone Kolenc Vanderbilt Journal of Transnational Law Volume 39, Number 2, March 2006 p.291 LAW JOURNAL / LAW REVIEW 374 The Challenge of a Global Standard of…

  • Settlement of Disputes 3

    Settlement of Disputes   Article 296 Finality and binding force of decisions 1. Any decision rendered by a court or tribunal having jurisdiction under this section shall be final and shall be complied with by all the parties to the dispute. 2. Any such decision shall have no binding force except between the parties and…

  • United Nations Convention on the Law of the Sea 29

    United Nations Convention on the Law of the Sea   Article 291 Access 1. All the dispute settlement procedures specified in this Part shall be open to States Parties. 2. The dispute settlement procedures specified in this Part shall be open to entities other than States Parties only as specifically provided for in this Convention.…

  • United Nations Convention on the Law of the Sea 16

    United Nations Convention on the Law of the Sea   SUBSECTION H. SUSPENSION OF THE EXERCISE OF RIGHTS AND PRIVILEGES OF MEMBERS Article 184 Suspension of the exercise of voting rights A State Party which is in arrears in the payment of its financial contributions to the Authority shall have no vote if the amount…

  • Convention on the Regulation of Antarctic Mineral Resource Activities 8

    Convention on the Regulation of Antarctic Mineral Resource Activities   Chapter VI: Disputes Settlement Article 55 Disputes Between Two or More Parties Articles 56, 57 and 58 apply to disputes between two or more Parties.   Article 56 Choice of Procedure 1 Each Party, when signing, ratifying, accepting, approving or acceding to this Convention, or…

  • Arbitration: Grounds for refusal (Article V) in general

    Arbitration: Grounds for refusal (Article V) in general This phase is characterized by the following general principles: – no review on the merits; – burden on respondent of proving the exhaustive grounds; – exhaustive grounds for refusal of recognition and enforcement; – narrow interpretation of the grounds for refusal; – limited discretionary power to grant…

  • VISHIPCO LINE AND OTHERS v. THE CHASE MANHATTAN BANK 2

    DISCUSSION Chase here first contends that plaintiffs’ claims were dismissible for failure to prove that under Vietnamese law they were entitled to recover. We disagree. The district court largely agreed with Chase’s contention, stating: When foreign law is an issue in a case, that law must be proved as a fact. Black Diamond S.S. Corp.…

  • Other ALI projects

    Other ALI projects See Codifications, studies and other ALI projects , American Legal Institute General Bibliography and Restatements of laws . The American Legal Institute, through a careful and deliberative process, drafts and then publishes various restatements of the law and proposals for legal reform. Its projects generally are assigned to one of three broad…

  • Should Trusts file income tax returns to the IRS?

    Should Trusts file income tax returns to the IRS? Trusts must file a Form 1041, U.S. Income Tax Return for Estates and Trusts, for each taxable year where the trust has $600 in income or the trust has a non-resident alien as a beneficiary. However, if the trust is classified as a grantor trust, it…

  • JOSEFINA NAJARRO de SANCHEZ v. BANCO CENTRAL de NICARAGUA

    JOSEFINA NAJARRO De Sanchez v. Banco Central de Nicaragua United States Court of Appeals for the Fifth Circuit 770 F.2d 1385 Decided September 19, 1985 GOLDBERG, Circuit Judge: Clausewitz once described war as politics carried on by other means. Here it could be said that litigation is war carried on by other means. The plaintiff’s…