enacting State and foreign courts or foreign representatives

In courts at state and entity levels as well as Brčko District there are no women presidents of courts.

This discriminatory treatment could be linked to the courts' intention to protect the German treasury in times of severe economic constraints.

The State Secretariat, in turn, referred the complaints to the courts.

Article 7. Access of foreign representatives to courts in this State

E. Foreign representative s access to courts of the enacting State 6

Council of State Higher Council of the Judiciary Higher district courts

permitting courts in the enacting State to cooperate more effectively with foreign courts and foreign representatives involved in an insolvency matter

(2) The courts of the enacting State may request information or assistance directly from foreign courts or competent authorities in any matter relating to insolvency proceedings in the enacting State.

(1) The courts of the enacting State, and administrators appointed in the enacting State, shall cooperate to the maximum extent possible with foreign courts or competent authorities and with foreign representatives.

Interpretation of article II(2) of the New York Convention by State courts

CHAPTER II. ACCESS OF FOREIGN REPRESENTATIVES AND CREDITORS TO COURTS IN THIS STATE

authorizing courts in the enacting State and persons administering insolvency proceedings in the enacting State to seek assistance abroad

Consequently, according to the State party, it was open to the authors to institute civil proceedings against the State, to seek compensation from the State in the courts of justice and to challenge the constitutionality of the law in those courts.

However any discriminatory action by the State, agents of the State or those acting on behalf of the State can be challenged in courts.

Article 7. Access of foreign representatives to courts in this State 129 133 27

The Commission recalled that the Saami villages may bring proceedings against the State in the ordinary courts, requesting these courts to declare that the Saami, rather than the State, have the rights which they claim.

A claim brought by Prince Hans Adam II before the European Court of Human Rights concerning the decisions by the German courts was also dismissed.

In BiH there are 100 courts in total (two per state and entity levels, the court in the Brčko District, and 93 courts at local levels).

quot (1) In matters referred to in article 1, courts of this State shall cooperate to the maximum extent possible with foreign courts and foreign representatives.

Cooperation with international courts, including development and parliamentary handling of the German Act on Cooperation with the International tribunal for the Former Yugoslavia at The Hague.

The present Convention applies to the immunity of a State and its property from the jurisdiction of the courts of another State.

1. A State shall give effect to State immunity under article 5 by refraining from exercising jurisdiction in a proceeding before its courts against another State and to that end shall ensure that its courts determine on their own initiative that the immunity of that other State under article 5 is respected.

D. Foreign assistance for insolvency proceedings taking place in the enacting State In addition to equipping the courts of the enacting State to deal with incoming requests for recognition, the Model Provisions permit the courts of the enacting State to seek assistance abroad on behalf of proceedings taking place in the enacting State.

The Court noted in that respect that it was not contested that the dispute was triggered by the decisions of the German courts in the aforementioned case.

The requirement of signatures under article II(2) has not been interpreted consistently by State courts.

CHAPTER II. ACCESS OF FOREIGN REPRESENTATIVES AND CREDITORS TO COURTS IN THIS STATE 129 164 27

The Jurisdictional Immunities Convention applies to the immunity of a State and its property from the jurisdiction of the courts of another State.

In the German criminal courts, lay judges, together with at least one presiding professional judge, participated in hearings and deliberations with the same voting rights as professional judges.

Prince Hans Adam II of Liechtenstein then filed a lawsuit in the German courts in his personal capacity to have the painting returned to him as his property, but that action was dismissed on the basis that, under article 3, chapter six, of the Settlement Convention an article whose paragraphs 1 and 3 are still in force no claim or action in connection with measures taken against German external assets in the aftermath of the Second World War was admissible in German courts.

4.2 The State party submits that the authors have not substantiated, for purposes of article 2 of the Optional Protocol, that their right to equality before the courts was violated, and in particular by reference to which comparable groups, or on the basis of which criteria, they had been discriminated against by the German courts' application of an allegedly more stringent standard of proof.

The requirement of exchange of documents between the parties has not been interpreted consistently by State courts.

Finally, the State party submits that the author apos s sentence was pronounced by the competent courts.

You give a German alias to a German. And what kind of German?

Trial Courts Courts of Justices

Since the Model Provisions, on a number of instances, mentioned the courts of the enacting State, it was asked whether article 2 should also include a definition of the courts of the enacting State, in addition to the definition of foreign court .

It was noted that the competence for the various judicial functions dealt with in the Model Provisions might lie with different courts in the enacting State, and that the enacting State would designate specific courts according to its own system of court competence.

The failure of the State party's courts to remedy that discrimination represented a separate violation of article 6.

Article 25. Cooperation and direct communication between a court of this State and foreign courts or foreign representatives

The Polish decision neither led to the defence of the annulment of the award in the country of origin nor did it bind the German Courts in any other way.

On the other hand, German courts have held that if a treaty has been abrogated by war, its provisions still remain in force in the body of the domestic law.

If a case came before the courts of that State and the private international law rules of the State led to the application of the law of another Contracting State that had not excluded family law, the question arose whether the courts would then be required to apply the convention to family law.

In article 5, the principle of State immunity from the jurisdiction of the courts of another State was reaffirmed, as was the principle of jurisdictional sovereignty.

quot The functions referred to in this Law relating to recognition of foreign proceedings and cooperation with foreign courts shall be performed by ... Each State enacting these Model Provisions specifies the court, courts or authority competent to perform the functions in the enacting State quot .

2. Agreement by a State for the application of the law of another State shall not be interpreted as consent to the exercise of jurisdiction by the courts of that other State.