The appellant furthermore denied that the first respondent could have a legitimate expectation as alleged by her and further denied that it failed to apply the principles of natural justice and stated that it took into account all information relevant to the first respondent's application. In so far as it is suggested that to grant a permanent residence permit to the first respondent is in the interests also of the child of second respondent, the following remarks may be apposite. In order to obviate the potential personal harm occasioned by the late filing of the record, the Immigration Selection Board had renewed first respondent's employment permit for a period of 1 year so that she might earn a living while the Court decided this matter. Any processing of VIS data should be proportionate to the objectives pursued and necessary for the performance of the tasks of the competent authorities. It has not seen fit to order an enquiry under Article 50 of the Statute. The military manuals and legislation of a number of States similarly do not require violations of international humanitarian law to be serious in order to amount to war crimes. No Member State shall consult the data transmitted by other Member States to the VIS before it or another Member State representing this Member State starts entering data in accordance with paragraphs1 and 3. As was pointed out by the Court a quo there was no legal impediment against the granting of the permit as the appellant was seemingly satisfied that the first respondent has complied with the provisions of sec. Counsel further contended that respondents and second respondent's minor son constitutes a family for the purposes of Article 14(3). Secondly, in order to determine whether the United States was justified in exercising self-defence, the Court has to ascertain whether the circumstances required for the exercise of this right of collective self-defence were present, and therefore considers whether the States in question believed that they were the victims of an armed attack by Nicaragua, and requested the assistance of the United States in the exercise of collective self-defence. The opposition against the decriminalizing of sodomy in Namibia, is part and parcel of the Government resistance to promoting homosexuality. In Namibia as well as Zimbabwe, not only is there no such provision, but no such "legislative trend". International Investment Agreements, Fair and Equitable Tr International Investment Law, Expropriation in, International Law and Economic Development, International Law, Derogations and Reservations in, International Law, Military Intervention in, International Law, State Responsibility in. One Simwanza Simenda acted as chairperson of the appellant Board when the application for a permanent residence permit by the first respondent was considered and rejected. Ius cogens. In Max Planck Encyclopedia of Public International Law. The cogency of any such factor will vary according to the circumstances, including the particular rule infringed.1, Furthermore, where the failure to comply with the rules is due to the negligence and/or incompetence of the litigant's legal representative, there is a limit beyond which a litigant cannot escape the result of his attorney's lack of diligence or the insufficiency of the explanation tendered. N.B. I wish to inform the Court that I had informed the appellant that a notice of appeal had been filed and that I had given him no reason to believe that the requisite appeal procedures were not being followed. As regards Iceland and Norway, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis The case is between Nicaragua and the United States and the binding force of the Court's decision is confined to these two Parties. Each Member State shall inform the Member State(s) responsible without delay if an applicant has acquired its nationality. I hereby humbly apologize to the Honourable Court for failure to file the record within the stipulated period and can offer no excuse for my neglect. 6. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. This Regulation constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis It has nothing whatever to do with whether or not consensual sodomy is a crime. Article 18 further entrenches the common law pertaining to administrative justice and in so far as it is not in conflict with the Constitution. Summary of the Summary of the Judgment of 27 June 1986. Judgment in its favour thus unwarranted, and would be unwarranted even if it should be concluded-as it should not be-that the responsive actions of the United States were unnecessary or disproportionate. 78(2) provides that the Cabinet or Legislature or any other person may not interfere with the Courts in the exercise of their judicial functions, Art. Part of the explanation was that the Board, unfortunately "did not follow my undertaking in my founding affidavit in the application for condonation". With regard to the form of indirect intervention which Nicaragua sees in the taking of certain action of an economic nature against it by the United States, the Court is unable to regard such action in the present case as a breach of the customary law principle of non-intervention. But even if the aforesaid patriotic past was a relevant consideration for the Board, it would have been in the Boards discretion how to evaluate it and what weight to be given to it. I find myself unable to agree with this interpretation of sec. The "social norms and values" in regard to sexual behaviour of Namibians appear to correspond more to that of Zimbabweans than to that in South Africa as reflected in judgments of the Constitutional Court of South Africa. There is no such evidence and no grounds whatever for such an assumption. Mr. Andersen expressly disavowed any such argument. 1. Counsel for respondents referred us to some decisions in American and European Courts. Indiscriminate Attacks. How else will the Court of appeal be able to deal with the matter? Member States may designate more than one central access point to reflect their organisational and administrative structure in fulfilment of their constitutional or legal requirements. Co. Ltd., 1962(4) SA 531 (AD); and Kgobane's case, supra. (c) Whilst it is extremely instructive and useful to refer to, and analyse, decisions by other Courts such as the International Court of Human Rights, or the Supreme Court of Zimbabwe or the United States of America, the one major and basic consideration in arriving at a decision involves an enquiry into the contemporary norms, aspirations, expectations, sensitivities, moral standards, relevant established beliefs, social conditions, experiences and perceptions of the Namibian people. 4. The same principle does indeed apply under the Namibian Constitution where Article 4(3) provides for the right to citizenship of such a spouse and section 26(3)(g) which provide that permanent residence may be granted to such a spouse. in all other cases within three months of the date of the judgment or order appealed against or, in cases where leave to appeal is required, within three months after an order granting such leave; within such further period as may be agreed to in writing by the respondent, lodge with the registrar four copies of the record of the proceedings in the court appealed from, and deliver such number of copies to the respondent as may be considered necessary ". Seemingly nothing happened until Mr. Light contacted Mr. Asino telephonically on the 17th. "(2) Marriage shall be entered into only with the free and full consent of the intending spouses.". Orakhelashvilis monograph is the most comprehensive study of jus cogens effects in international law, under an objective approach defining jus cogens as a concept embodying the community interest and reinforced by its link with public morality [existing] in modern international law as a matter of necessity (p. 577). Had the first respondent then claimed that they relied on the fundamental right to equality, non-discrimination, family, dignity and privacy, the Board may have given these matters more attention and at least take a stand on these issues. In the light of the evidence and material available to it, the Court is not satisfied that all the operations launched by the contra force, at every stage of the conflict, reflected strategy and tactics solely devised by the United States. Most states and authors agree that jus cogens exists in international law. For a period of more than three years the respondent's residence in Namibia was in the balance and was clothed in a veil of uncertainty. Where the Commission delegates its responsibility during the transitional period pursuant to paragraph4, it shall ensure that the delegation fully respects the limits set by the institutional system laid out in the Treaty. Count 1, which is the only count relating to consensual sodomy, relates to activities between 11 August 1995 and 31 December 1996. 1. The competent visa authorities shall have access to consult the following data, solely for the purposes of reporting and statistics without allowing the identification of individual applicants: the competent visa authority, including its location; date and place of the application or the decision concerning the visa; the grounds indicated for any decision concerning the visa or visa application; the competent visa authority, including its location, which refused the visa application and the date of the refusal; the cases in which the same applicant applied for a visa from more than one visa authority, indicating these visa authorities, their location and the dates of refusals; the cases in which the data referred to in Article9(6) could factually not be provided, in accordance with the second sentence of Article8(5); the cases in which the data referred to in Article9(6) was not required to be provided for legal reasons, in accordance with the second sentence of Article8(5); the cases in which a person who could factually not provide the data referred to in Article9(6) was refused a visa, in accordance with the second sentence of Article8(5). The Member State responsible shall ensure in particular that: the data are transmitted lawfully to the VIS; the data are accurate and up-to-date when they are transmitted to the VIS. Where such distinction is not drawn, e.g. Judge Sir Robert Jennings agreed with the Court that the United States multilateral treaty reservation is valid and must be respected. As per the disclaimer, neither the ICRC nor the authors can be identified with the opinions expressed in the Cases and Documents. The Court, which has already commented briefly on this subject in the jurisdiction phase (I.C.J. It notes that the laying of mines necessarily affects the sovereignty of the coastal State, and that if the right of access to ports is hindered by the laying of mines by another State, what is infringed is the freedom of communications and of maritime commerce. The 1969 and 1986 Vienna Conventions on the Law of Treaties stipulate that a treaty is void if it conflicts with jus cogens (Art. It is said that "to the extension of this period the legal representative of the appellant contributed significantly". The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands.Along with the Geneva Conventions, the Hague Conventions were among the first formal statements of the laws of war and war crimes in the body of secular international law.A third conference was Lastly it was accepted in all these cases that the people of Namibia share basic values with all civilized countries and for that reason it is useful and important to look at interpretations of other jurisdictions although the determining factor remains the values expressed by the Namibian people as reflected, inter alia, in its various institutions."24. Nicaragua attributes to the direct action of United States personnel, or persons in its pay, operations against oil installations, a naval base, etc.,listed in paragraph 81 of the Judgment. Without prejudice to the obligation to provide other information in accordance with Article12(a) of Directive 95/46/EC, any person shall have the right to obtain communication of the data relating to him recorded in the VIS and of the Member State which transmitted them to the VIS. I agree with the critical remarks by the Honourable Chief Justice regarding Mr. Taapopi's statement in his affidavit dated 14/3/2000 in support of the application for condonation that "the Immigration Selection Board has renewed her (first respondent's) employment permit for a period of one (1) year so that she may earn a living while this Honourable Court decides the matter". And as the writer Heinze concedes in his book - Art. When the matter was argued we asked Mr. Oosthuizen what the position was and we were informed that an employment permit was not granted to the first respondent. Heinze: Sexual Orientation: A Human Right, p. 46 and 60 et seq. Chapter 1 Development cooperation. The Court however finds it clear that a number of operations were decided and planned, if not actually by the United States advisers, then at least in close collaboration with them, and on the basis of the intelligence and logistic support which the United States was able to offer. It took a short cut and summary course and in fact legislated for Parliament by not only telling Parliament what should have been in its law, but putting the alleged missing part into the law without further ado. What we have then is a complaint that the Immigration Selection Board should have given them equivalent status to that of spouses in a lawful marriage and as members of a family. It shall apply from the date referred to in Article48(1). Sub-sec. The application file shall also indicate the grounds for extending the visa, which shall be one or more of the following: Use of the VIS for examining applications. 5. The manual on "Psychological Operations in Guerrilla Warfare", for the publication and dissemination of which the United States is responsible, advises certain acts which cannot but be regarded as contrary to that article. In the course of the Boards aforesaid function it of necessity and as part and parcel of its function, considers employment opportunities for Namibians at the time when it considers an application for an employment or residence permit by an alien, as well as such opportunities in the immediate or near future.