Traduction de «Juge du lieu où l'obligation est née » (Français → Anglais) :

Finally, the Court of Justice states that, in the present case, its interpretation is unlikely to give rise to a negative conflict of jurisdiction (in which case the parties would be obliged to bring fresh proceedings if the court first seised were to decline jurisdiction), since the jurisdiction of the English court can no longer be contested.

(Return tabled) Question No. 4 Hon. Irwin Cotler: With regard to international treaties and conventions dealing in whole or in part with human rights and with Canada’s international obligations in this regard: (a) does the government have any formal or informal procedures for regular review of those international human rights treaties that Canada has not yet signed, ratified, or otherwise accepted; (b) does the government have any formal or informal guidelines according to which it determines whether the specific obligations contained in a treaty or other international undertaking conflicts with the Constitution Act, 1867, and if so whe ...[+++]re can these guidelines be accessed; (c) do the guidelines referred to in (b) specify the standard according to which the government determines if any obligation contained in a treaty or other international undertaking violates any section of the Constitution Act, 1867; (d) has the government engaged in any review of its obligations under the Convention on the Elimination of Racial Discrimination (CERD); (e) does the government have any formal or informal guidelines according to which it determines whether the specific obligations contained in a treaty or other international undertaking require implementing legislation in order for Canada to be able to ratify or otherwise accept it, and if so where can these guidelines be accessed; (f) does the government have a position as to whether international agreements that establish a complaints mechanism or communications procedure for enforcement of the rights and obligations contained therein are necessarily unconstitutional; (g) does the government have a policy as to whether Canada will accept such agreements referred to in (f); (h) does the government undergo review of proposed international human rights agreements that would establish such a mechanism or procedure referred to in (f) on a case by case basis, (i) who is involved in this review, (ii) are the provinces and other inte ...

2. All transactions in bonds, structured finance products admitted to trading on a regulated market or for which a prospectus has been published, emission allowances and derivatives which are eligible for clearing or which are admitted to trading on a regulated market or are traded on an MTF or an organised trading facility (OTF) and which are not subject to the trading obligation under Article 26, which are not concluded on a regulated market, an MTF, an OTF or a third-country trading venue assessed as equivalent in accordance with Article 26(4), and which meet the thres ...[+++]holds in Article 17, shall be concluded through a systematic internaliser unless the transaction involves the primary issuance of the instrument.

Major changes must be made to the present dispute settlement regime, which usually operates along the lines of ICSID and UNCTAD rules, in order to include several basic elements such as the need for greater transparency on cases heard in court and the judgments themselves, the possibility for parties to appeal, the obligation to exhaust local judicial remedies (where appropriate) before initiating international arbitration, the opp ...[+++]ortunity to use amicus curiae briefs and the obligation to select one single place of arbitration and thus avoid ‘forum shopping’.

22. Considers that, in order to overcome the problem of ‘torpedo actions’, the court second seised should be relieved from the obligation to stay proceedings under the lis pendens rule where the court first seised evidently has no jurisdiction; rejects the idea, however, that claims for negative declaratory relief should be excluded altogether from the first-in-time rule on the ground that such claims can have a legitimate commerc ...[+++]ial purpose; considers, however, that issues concerning jurisdiction would be best resolved in the context of proposals to create a Unified Patent Litigation System;

Lastly, while the breach of the obligations arising from the office of Member of the Commission calls, in principle, for the imposition of a penalty, the Court held that, having regard to the circumstances of the case, the finding of breach constitutes, of itself, an appropriate penalty and, accordingly, not to impose on Mrs Cresson a penalty in the form of a deprivation of her right to a pension or other benefits in its stead.