Saving clause

F. Martens Clause

That clause was obviously ignored.

For instance where an REIO had not ratified the convention, its member States might need to take advantage of the disconnection clause and make a declaration themselves.

keywords arbitration clause arbitrator court interim measures

keywords arbitration agreement arbitration clause arbitrators competence judgement

Catch all clause (point 18 of the matrix)

Clause 35 would enable the forfeiture of property used in the commission of terrorist acts or property obtained as proceeds of crime where a person has been convicted of a terrorist offence.

The content and format of the information disclosure documents stipulated in item (2) of Clause 1 and Clause 2 of this Article shall be separately determined.

Santa Clause doesn't give presents to children who cry.

Moreover, the Security Council has included a meeting clause.

Clause 36 would empower the Director of Public Prosecutions to apply to a judge in Chambers, where he has reasonable grounds to believe that there is property in a building, place or vessel in respect of which a forfeiture order may be made under clause 37, for a warrant authorizing a police officer to search for and seize the property, if found.

The exemption clause does not distinguish between Christians and non Christians.

For a forceful critique of the Martens Clause, see Antonio Cassese, The Martens Clause Half a Loaf or Simply Pie in the Sky?, 11 European Journal of International Law 187 (2000).

Such situations include situations that are not taken into proper consideration by the exclusionary paragraph 2 of article 2 of the Convention or situations where it is or might not be clear whether the exclusion clause applies.

An ex post facto correction clause could undermine the stability of contracts.

Another possibility would be to introduce a separate clause on mercenary companies.

The distinction between arbitration clause and arbitration agreement is no longer relevant.

keywords arbitral tribunal arbitration clause arbitration agreement arbitration submission to interim award jurisdiction

keywords arbitral tribunal arbitration clause award enforcement of award recognition of court jurisdiction

The ICRC thus recommended the deletion of the word regular in the clause.

The further consequences of a FIO(S) clause will depend on its construction.

The Board also recommends that the Economic Commission for Africa include in the memorandums of understanding a clause that specifies the payment terms, as well as a penalty clause in respect of late rental payments.

The Commission sanctioned Panamco Tica by banning it from agreeing, imposing or including any exclusivity clause in contracts with customers with regard to the use of refrigeration equipment in places where there is no space to install a second refrigerator.

In that regard, a review clause should be included in our decision this year.

One participant noted that the political exception clause was an obstacle to international cooperation.

The exclusive jurisdiction clause should contain the name and location of the chosen court

Consequently, the Christian object clause does not authorize preaching or indoctrination in Norwegian schools.

The Study Group also had before it an informal paper on the Disconnection Clause .

If this clause could be implemented in a way that addresses the preference reflected in the Constitution and the object clause of the Education Act, this could arguably be considered as complying with article 18 of the Covenant.

As such, it was suggested that article 13 be reformulated as a without prejudice clause.

This could be done by adding the words or other nefarious activities to the clause.

Where the listed company intends to conduct material assets reorganization stipulated in items (1) and (2) of Clause 1 of Article 27 and to issue shares for the acquisition of assets, the profit forecast report of the listed company shall also be provided.

2. Derogation from Articles 12.1 and 12.2 of the ICCPR following the suspension of sub clause (d) of Clause 2 of Article 12 of the Constitution (freedom to move and reside in any part of the Kingdom of Nepal).

The Court considered the applicability of the arbitration clause in the context of the warranty proceedings and concluded that a Court would normally not have jurisdiction to decide such a dispute, because of the arbitration clause entered into between the parties.

This clause had often been inserted at the request of the members of the European Union.

Some adhere to the theory that a FIO(S) clause determines the scope of the voyage.

Examples were given of situations where such a reference in an oral contract to a set of arbitration rules should be accepted as expressing sufficiently the existence and contents of the arbitration agreement, particularly when the set of rules includes a model arbitration clause (ibid.).

It was suggested that it would be difficult to support an exclusive jurisdiction clause that might allow the carrier in some situations to dictate jurisdiction, particularly where a remote geographic location and the costs of litigating disputes could put cargo interests at a disadvantage.

Secondly, we welcome a review clause, but would like to see it further strengthened and made periodic.

One participant suggested simply deleting the last clause of the article, which added nothing to the definition.

A different view was expressed, however, that such a clause should also be valid for third parties.

9.21 In any event, the obligations imposed by the exemption clause cannot be considered disproportionate or unreasonable.

debated in the Senate, whereupon it will become law, would, under Clause 4 make it an offence

The International Court of Justice has stated that the clause itself forms part of customary international law.