Territorial Clause

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Topic: Territorial Clause

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	Peoples, Territorialism and Boundaries
		Such a major change in legal principle cannot be introduced by way of an ambiguous subordinate clause, especially when the principle of territorial integrity has always been accepted and proclaimed as a core principle of international law, and is indeed placed before the qualifying clause in the provision in question.
		The territorial dimension of a state is guaranteed by international law and this, until relatively recently, included colonial possessions.
		Self-determination, therefore, came to mean that the people of the colonially defined territorial units would have the right in law to determine freely their political status.
	www.ejil.org /journal/Vol8/No3/art6-01.html (4455 words)

	Karabakh and Chechnya. Legal aspects.
		First of, all as we see, the territorial integrity under this clause is stipulated with the existence of representative government.
		If to follow such approach it should be noted that in almost all international legal documents the right of peoples to self-determination follows with the clause strictly confirming the inviolability of territorial frontiers and territorial integrity of sovereign states.
		Besides the "oppression theory" cannot be a threat to territorial integrity of Azerbaijan either as it is Azerbaijan to face occupation and ethnic cleansing in 20% of its territory.
	www.geocities.com /fanthom_2000/Legal_aspects-Karabakh-Chechnya.html (4971 words)

	ADMINISTRATION OF CORAL REEF RESOURCES IN THE NORTHWEST HAWAIIAN ISLANDS
		What is decisive, however, is the fact that the Supreme Court has held that the Property Clause authorizes Congress to dispose of lands within the territorial sea.
		In our view, then, because the territorial sea is subject to the sovereignty of the United States, Congress may regulate it under the Property Clause.
		If a statute includes a provision that simply overlaps or coincides with the existing territorial sea-such as the provision "three miles seaward from the coast of the United States"-the operation of the statute will probably not, in the absence of special circumstances, be affected by a change in the territorial sea.
	www.usdoj.gov /olc/coralreef.htm (4971 words)

	1992293.txt
		Maximum salaries of Chairpersons of territorial authorities---(1) Except as provided in subclause (2) of this clause, the maximum salary payable pursuant to Part IVC of the Act to the Chairperson of a territorial authority shall be the maximum salary applicable under Part I of the First Schedule to this determination.
		Maximum salaries of members of territorial authorities---The maximum salary payable pursuant to Part IVC of the Act to a member of a territorial authority shall be the maximum salary applicable under Part III of the First Schedule to this determination.
		Maximum meeting allowances for members of territorial authorities---The maximum meeting allowance payable pursuant to Part IVC of the Act to each member of a territorial authority (other than its Chairperson) shall be the maximum meeting allowance applicable under Part I of the Third Schedule to this determination.
	www.knowledge-basket.co.nz /regs/regs/text/1992/1992293.txt (1671 words)

	sp83104
		The league claimed it would sign only free agents, although it was unwilling to respect the "reserve clause" of its major league counterparts and was therefore willing to sign players whose contracts had expired.
		Rule 17: A nonreserve clause in the contract of a major league player without the approval of the commission *** shall not be valid.
		Any club or league which harbors a player who refuses to observe his contract with a club member of any party to this agreement, or to abide by its reservation, shall be considered an outlaw organization, and its claim to contractual and territorial rights ignored.
	www.law.missouri.edu /devine/sp83104.htm (3206 words)

	World War Two - Main Causes
		Territorial Clauses - Land was taken away from Germany and given to other countries.
		Although the outbreak of war was triggered by Germany& invasion of Poland, the causes of the war are more complex.
		Although it was realised that the policy of appeasement had failed, Chamberlain was still not prepared to take the country to war over "..a quarrel in a far-away country between people of whom we know nothing…" Instead, he made a guarantee to come to Poland's aid if Hitler invaded Poland.
	www.historyonthenet.com /WW2/causes.htm (1811 words)

	Regents Prep Global History & Geography: Multiple-Choice Question Archive
		The treaty contained unrealistic monetary reparations, large territorial losses, and most importantly, the "war guilt" clause.
		The war guilt clause blamed Germany entirely for the war.
		Russia also experienced a severe food shortage due to the war, which in turn led to riots and the eventual abdication of Czar Nicholas II in March of 1917.
	regentsprep.org /Regents/core/questions/questions.cfm?Course=GLOB&TopicCode=7a (602 words)

	Arab-Israeli Conflict #3: Six Day War
		They are only alluded to in the second clause of the second article of 242, which calls for "a just settlement of the refugee problem." Nowhere does it require that Palestinians be given any political rights or territory.
		Goldberg explained that this phrase, "secure and recognized boundaries," was specifically included because the parties were expected to make "territorial adjustments in their peace settlement encompassing less than a complete withdrawal of Israeli forces from occupied territories, inasmuch as Israel's prior frontiers had proved to be notably insecure."
		In fact, the use of the generic term "refugee" was a deliberate acknowledgment that there were two refugee problems -- one Arab and the other Jewish.
	www.aish.com /jewishissues/middleeast/Arab-Israeli_Conflict_3_Six_Day_War.asp (2505 words)

	PuertoRicoUSA.com - View of Congress, the Courts and the Federal Government
		The United States Supreme Court has also described the jurisdiction under the territorial clause as a "temporary" condition regulated by Congress until the establishment of a local self-government.
		Do we have a "permanent pact" or are we subject to the Territorial Clause of the Constitution of the United States?
		Considerable information in the form of opinions, briefs, legislation and jurisprudence seem to unquestionably state that Puerto Rico's relationship with the United States falls under the full jurisdiction of the territorial clause (Article IV Section 3-2) of the Constitution of the United States.
	www.puertoricousa.com /english/views.htm (1777 words)

	Bill C-3: The Youth Criminal Justice Act (LS-356E)
		Clauses 57 and 58 provide for the transfer of youth sentences to other territorial divisions outside the jurisdiction of the sentencing youth justice courts; they would effectively reproduce the provisions of sections 25 and 25.1 of the YOA.
		There would be an exception for Nunavut, where such an appeal would lie first to a judge of the Nunavut Court of Appeal, from whose decision there could be a further appeal to the full court (clause 36(9)).
		In jurisdictions where the youth justice court was a superior court, an appeal on a summary conviction matter would lie to the relevant court of appeal (clause 36(8)).
	www.parl.gc.ca /36/2/parlbus/chambus/house/bills/summaries/c3-e.htm (1777 words)

	Birthright Citizenship in the United Kingdom and the United States: A Comparative Analysis of the Common Law Basis for Granting Citizenship to Children Born of Illegal Immigrants
		The common law concept of territorial birthright citizenship is the foundation for the Fourteenth Amendment’s Citizenship Clause, which confers citizenship on those born within the United States and “subject” to its “jurisdiction.” Likewise territorial underpinnings were the basis for over 375 years of birthright citizenship within the United Kingdom.
		its impact on territorial birthright citizenship is particularly noteworthy.
		The reason that the United Kingdom abdicated territorial birthright citizenship after 375 years is multifaceted.
	law.vanderbilt.edu /journal/33-03/33-3-4.html (6204 words)

	Contact Our University of Washington Journal Association
		The territorial clause on the Liancourt Rocks could indicate that the San Francisco Peace Treaty assigns the Liancourt Rocks to Japan.
		Additionally, specific mention of the Senkaku Islands and the Liancourt Rocks did not appear in the territorial clauses of the San Francisco Peace Treaty.
		Although all the claimants marshal support for their cases from historical sources, it cannot be denied that much of the uncertainty surrounding the territorial demarcation is a by-product of immediate post-World War II boundary decisions and territorial dispositions.
	www.law.washington.edu /pacrim/abstract/11.1.htm (1477 words)

	romatxt.html
		[345] As such, the territory is under the plenary power of Congress under the jurisdiction of the Territorial Clause of the U.S. Constitution.
		One year after the Foraker Act, the U.S. Supreme Court relied on the Territorial Clause in holding that "the power to acquire territory by treaty implies not only the power to govern such territory, but to prescribe upon what terms the United States will receive its inhabitants, and what their status shall be in.
		The territorial status of Puerto Rico coupled with the statutory grant of citizenship has served to subordinate Puerto Rican residents as compared to the citizens of the fifty states.
	www.law.fsu.edu /journals/lawreview/frames/261/romatxt.html (10504 words)

	Jurisdiction - Wex
		State court territorial jurisdiction is determined by the Due Process Clause of the Constitution's Fourteenth Amendment (http://www.law.cornell.edu/constitution/constitution.amendmentxiv.html) and the federal court territorial jurisdiction is determined by the Due Process Clause of the Constitution's Fifth Amendment (http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentv).
		Territorial jurisdiction is the court's power to bind the parties to the action.
		Subject matter jurisdiction is the court's authority to decide the issue in controversy such as a contracts issue, or a civil rights issue.
	www.law.cornell.edu /topics/jurisdiction.html (403 words)

	La modernisation
		Avec la "clause Québec" – qui sera remplacée par la «clause Canada» –, on utilisait les frontières du Québec comme point de référence, adoptant ainsi une solution de type territorial, plus imperméable à l'intrusion de l'anglais provenant de l'extérieur.
		On sait que, suite à une décision de la Cour suprême du Canada, la «clause Canada» viendra remplacer la «clause Québec».
		En juillet 1965, le Parti libéral du Québec, dirigé alors par Jean Lesage, prit le pouvoir et entreprit la réalisation de son programme sous le thème «C'est le temps que ça change».
	www.tlfq.ulaval.ca /axl/francophonie/HISTfrQC_s4_Modernisation.htm (403 words)

	THE CONSTITUTIONALITY OF COOPERATIVE INTERNATIONAL LAW ENFORCEMENT ACTIVITIES......
		Accordingly, the substantiality of the delegated authority is immaterial to the Appointments Clause conclusion.
		authorize the British law enforcement vessels on which they are embarked to assist in the enforcement of the laws of the United States seaward of the territorial sea of Anguilla, Bermuda, the Cayman Islands, Montserrat, and Turks and Caicos.
		, by seizing the vessel and apprehending the persons, for subsequent turnover to the coastal state's enforcement authorities) or enforcement of the seizing state's laws (in which case the vessel and persons would be taken out of the coastal state's territorial of sea for prosecution in a territory of the seizing state).
	www.usdoj.gov /olc/retype5_13.htm (403 words)

	TRUSTING THE PEOPLE IS THE ESSENCE OF DEMOCRACY
		Fortunately, the U.S. Supreme court ruled in 1904 that …"the nationality of the island became American…" under Article IX of the Treaty of Paris, and that means that the various forms of citizenship defined under the Foraker Act of 1952 have all been forms of colonial citizenship created under the territorial clause.
		"Citizens of Puerto Rico" status under the Foraker act was created by Congress under Treaty of Paris and the territorial clause, and not through the exercise of sovereignty by the people in favor of a separate sovereignty nationality.
		Puerto Ricans who find this entertaining may wake up some morning and find that, if these people have their way, our fate will have been decided by the ideological elite minority in the courts rather than by our votes.
	www.puertorico-herald.org /issues/1997-98misc/TRUSTINGTHEPEOPLE.shtml (765 words)

	Fascists RETORT 7
		In "An Act to Constitute the Commonwealth of Australia", the 9th clause of which is usually referred to as the 'Australian Constitution' was, is, and remains conditional upon the first 8 covering clauses of that Act, a current Act of domestic law of the United Kingdom Parliament.
		Contrary to international law, both of these Acts attempted to infringe sovereignty of another nation, were not registered as required under the Charter of the United Nations to have extra-territorial effect, and consequently, can not be relied on in any international forum.
		Notwithstanding the international status of the Australia Act 1986 (Cth), the preamble and several clauses clearly indicate that British colonial law was continuing in the sovereign independent Australia, and that from the commencement of this Act, all such colonial law, as well as the UK government, will have no effect.
	www.retortmag.com /issue7/extras/ozanarchy.htm (765 words)

	ACYF-CB-IM-05-02 Acquisition Checklist
		Does the acquisition document contain a clause that provides the United States Departments of Agriculture and Health and Human Services and/or their representatives access to state or territorial agency documents, papers, or other records pertinent to the procurement in order to make audits, examinations, excerpts and transcripts?
		This form must be signed by either the appropriate state or territorial official authorized to submit acquisition documentation to the federal Department(s) or the state or territorial director of purchasing.
		Note 1: The acquisition document must be submitted to the appropriate federal Agency or Agencies if the acquisition is a sole source solicitation and the cost exceeds the thresholds established in the federal regulations.
	www.acf.dhhs.gov /programs/cb/laws/im/im0502checklist.htm (672 words)

	ABKHAZIA.ORG
		According to the 1995 Constitution of Georgia, Abkhazia is a territorial unit of Georgia (Article 3, clause 4) with indeterminate status (Article 3, clause 2), for the status of Abkhazia will be defined after 'the complete restoration of Georgia's jurisdiction over the country's entire territory' (Article 3, clause2).
		Clause 1, in particular, bears witness to this, for it is proclaimed therein that 'Georgia is an independent, unitary and indivisible state, which is confirmed by the referendum held on 31 March 1991...and by the Act on the restoration of the state-independence of Georgia of 9 April 1991'.
		The appellation fixed for Abkhazia shortly after this of an autonomous Soviet socialist republic did not automatically alter the federative (or, to use the terminology of the Georgian-Abkhazian Treaty of 16 December 1921, union) relations between Abkhazia and Georgia.
	www.abkhazia.org /expert_conclusion.html (672 words)

	Electoral district (Canada) - Wikipedia, the free encyclopedia
		Federal electoral districts return one Member of Parliament (MP) to the Canadian House of Commons; provincial or territorial electoral districts return one Member of the Legislative Assembly (MLA), Member of the National Assembly (MNA), Member of Provincial Parliament (MPP) or Member of the House of Assembly (MHA) to the provincial or territorial legislature.
		Quebec was only entitled to 68 seats by the electoral quotient alone, but through the grandfather clause, the province gained seven seats to equal the 75 seats it had in the 33rd Parliament.
		Electoral district names are usually geographic in nature, and chosen to represent the community or region within the electoral district boundaries.
	en.wikipedia.org /wiki/Canadian_electoral_district (1163 words)

	MANISTEE - LoveToKnow Article on MANISTEE
		In the charter granted by the Canadian parliament to the Canadian Pacific railway a clause giving it for twenty years control over the railway construction of the province led to a fierce agitation, till the clause was repealed in 1888.
		In that year the newly formed Dominion of Canada bought from the company its territorial and political rights.
		It was devised by the Hudson's Bay Company for carrying freight, as a substitute for the less serviceable canoe, and was named after their York factory, the centre to which the traders brought down the furs for shipment to England and from which they took back merchandise and supplies to the interior of Rupert's Land.
	60.1911encyclopedia.org /M/MA/MANISTEE.htm (1163 words)

	Electoral district (Canada) - Wikipedia, the free encyclopedia
		Federal electoral districts return one Member of Parliament (MP) to the Canadian House of Commons; provincial or territorial electoral districts return one Member of the Legislative Assembly (MLA), Member of the National Assembly (MNA), Member of Provincial Parliament (MPP) or Member of the House of Assembly (MHA) to the provincial or territorial legislature.
		Quebec was only entitled to 68 seats by the electoral quotient alone, but through the grandfather clause, the province gained seven seats to equal the 75 seats it had in the 33rd Parliament.
		Electoral district names are usually geographic in nature, and chosen to represent the community or region within the electoral district boundaries.
	en.wikipedia.org /wiki/Electoral_district_(Canada) (1154 words)

	Alaskan Independence Party
		The Territorial legislators believed, and so expressed themselves, that this new legislation enacted by Congress at the behest of Senator Jones of Seattle, was in violation of the commerce clause of the Constitution, which forbids discrimination against any port of the United States.
		In pleading the cause of the Territory, Alaska's Attorney-General John Rustgard argued that both the Treaty provisions and the specific extension of the Constitution to Alaska by the Organic Act of 1912 rendered the discriminatory clause unconstitutional.
		Half a century ago, a governor of Alaska, John Green Brady, contemplating the vain efforts of Alaskans for nearly forty years to secure even a modicum of workable self-government, declared:
	www.akip.org /greunig.html (7976 words)

	NewsLetter - THE ROLE OF ARBITRATION AND TREATIES IN LATIN AMERICA
		Under such doctrine, intervention of the investor´s country was considered a violation of the territorial jurisdiction of the host country.
		Although countries as the United States of America constructed Calvo Clause as only requiring the previous exhaustion of local remedies
		United Mexican States" concerning a dispute between the United States of America and Mexico- provided increasing importance to the Calvo Clause.
	www.bomchilgroup.org /argdec02.html (7976 words)

	1998 European Court of Human Rights - Conviction of Greece
		What the court neglected to mention, however, was that the items present in clause 2 of the memorandum of association were basically a carbon copy of those found in the clauses of hundreds of other organizations who were already registered and approved by the same court.
		March 19, 1990 - the Court of First Instance, in Florina, refuses the organisation's application for registration on the basis of clause 2 of its memorandum of association.
		The court claims that the motives of this organisation are against the "national interests" and "territorial integrity" of Greece.
	www.florina.org /html/1998/conviction/1998_conviction.html (937 words)

	Representation in the Canadian Parliament
		The first is the principle of territorial representation, which is that each elector is represented in the House of Commons on a territorial basis, that is, the electoral district.
		The "senatorial clause," first adopted in 1915, states that a province cannot have fewer seats in the House of Commons than it does in the Senate.
		When the rules for readjusting the federal electoral boundaries were laid down in 1964, members of Parliament realized that, for the process to be completely fair, it not only had to be free of any political association but it also had to provide an opportunity for voters to express their views.
	www.aceproject.org /main/english/bd/bdy_ca.htm (2183 words)

	WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
		(ii) in a case referred to in clause (b), for the participating Union territory or Union territories and the State or States.
		(3) When a Joint Board is constituted in pursuance of an agreement under clause (b) of sub-section (1) of section 13, the provisions of sub-section (4) of section 4 shall cease to apply in relation to the Union territory for which the Joint Board is constituted.
		(a) the Government of the State for which the Joint Board is constituted shall be competent to give any direction under this Act only in cases where such direction relates to a matter within the exclusive territorial jurisdiction of the State;
	www.members.tripod.com /envisjnu/envlaw/legislation/water/wat1c3.html (738 words)

	Defensible Borders for a Lasting Peace
		This was especially true of the withdrawal clause in the resolution which called on Israeli armed forces to withdraw "from territories" and not "from all the territories" or "from the territories" as the Soviet Union had demanded.
		President Johnson's insistence on protecting the territorial flexibility of Resolution 242 could be traced to his statements made on June 19, 1967, in the immediate wake of the Six-Day War.
		The exclusion of the definite article "the" from the withdrawal clause was not decided by a low-level legal drafting team or even at the ambassadorial level.
	www.defensibleborders.org /gold.htm (4751 words)

	Council of Europe - Final Draft Convention on Cyber-crime
		A new paragraph was added to the clause requiring the federal government to refer the provisions, the implementation of which come under the jurisdiction of constituent states or other similar territorial entities, to the authorities of such entities with a favourable opinion.
		The CDPC is convinced that with these amendments the federal clause in this Convention accommodates the internal difficulties federal States may face as a result of their characteristic distribution of powers between central and regional authorities, while not unduly impairing the principle of parity of treaty obligations.
		As this Convention is a legal instrument negotiated by sovereign States, the observer States represented in the CDPC declared that they wished to be represented at the meeting of the Committee of Ministers that adopts the Convention.
	www.privacyinternational.org /issues/cybercrime/coe/cybercrime-final.html (4751 words)

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