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advisory opinion

Subject: Law

A discretionary judgment made by a court which has an advisory jurisdiction. Australian courts make a distinction: they will give declaratory relief where that power exists, but not ...

advisory opinion

advisory opinion   Reference library

Encyclopaedic Dictionary of International Law (3 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, International Law
Length:
511 words

...have been authorized by the General Assembly to request advisory opinions, as has the International Atomic Energy Agency. Advisory opinions are of their nature not binding in law, though they may establish principles of law that are followed in subsequent actions, opinions, and cases. The I.C.J. is not obliged to give an advisory opinion; the wording of art. 65(1) of the Statute leaves the Court a discretion. The Court has indicated that it will only decline a request to give an advisory opinion if there exist ‘compelling reasons’ to do so: Western Sahara...

advisory opinion

advisory opinion   Reference library

Australian Law Dictionary (3 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
147 words

...advisory opinion A discretionary judgment made by a court which has an advisory jurisdiction . Australian courts make a distinction: they will give declaratory relief where that power exists, but not advisory opinions: Re Judiciary Act 1903–1920 and In re Navigation Act 1912–1920 (1921) 29 CLR 257. One crucial difference is ‘the fact that an advisory opinion is not based on a concrete situation and does not amount to a binding decision raising a res judicata between parties … where the dispute is divorced from the facts, it is considered...

Namibia Advisory Opinion

Namibia Advisory Opinion   Reference library

Encyclopaedic Dictionary of International Law (3 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, International Law
Length:
781 words

...Advisory Opinion 1971 I.C.J. Rep. 16 . South Africa had been granted a Mandate for South-West Africa (renamed Namibia in 1968 ), which had been the subject of previous I.C.J. advisory opinions and judgments: see South-West Africa Cases . In Res. 2145 (XXI) of 27 October 1966 , the U.N. General Assembly decided that the Mandate was terminated and that South Africa had no other right to administer the territory; subsequently, the Security Council adopted various resolutions, including in particular Res. 276 ( 1970 ) of 30 January 1970 , declaring the...

IMCO Maritime Safety Committee, Constitution of, Advisory Opinion

IMCO Maritime Safety Committee, Constitution of, Advisory Opinion   Reference library

Encyclopaedic Dictionary of International Law (3 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, International Law
Length:
251 words

...Maritime Safety Committee, Constitution of, Advisory Opinion 1960 I.C.J. Rep. 150 . By resolution dated 19 January 1959 , the IMCO Assembly requested of the I.C.J. an advisory opinion as to whether the Maritime Safety Committee of the Organization was duly constituted in accordance with the Convention of 6 March 1948 for the establishment of IMCO ( 89 U.N.T.S. 48 ), art. 28(a) of which provided that that body should consist of 14 members elected by the Assembly, not less that 8 being ‘the largest ship owning nations’. The request arose from the...

ILO Administrative Tribunal, Advisory Opinion respecting Judgments of

ILO Administrative Tribunal, Advisory Opinion respecting Judgments of   Reference library

Encyclopaedic Dictionary of International Law (3 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, International Law
Length:
445 words

...Administrative Tribunal, Advisory Opinion respecting Judgments of 1956 I.C.J. Rep. 77 . By resolution dated 18 November 1955 , the Executive Board of UNESCO requested of the I.C.J., pursuant to Art. XII of the Statute of the Administrative Tribunal of the ILO, an opinion as to (I) whether the Tribunal was competent to hear complaints introduced against UNESCO by certain individuals (the ground of whose complaints had been the non-renewal of fixed-term contracts of service); (II) if the answer was affirmative, then whether the Tribunal was competent (a) to...

Acquisition of Polish Nationality, Advisory Opinion on the Question of

Acquisition of Polish Nationality, Advisory Opinion on the Question of   Reference library

Encyclopaedic Dictionary of International Law (3 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, International Law
Length:
167 words

...of Polish Nationality, Advisory Opinion on the Question of (1923) P.C.I.J., Ser. B, No. 7 . On the League of Nations’ Council's request of 7 July 1923 as to whether the interpretation of art. 4 of the Polish Minorities Treaty of 28 June 1919 ( 25 C.T.S. 412 ) respecting the nationality of persons formerly of German nationality born in Polish territory was within the competence of the League, and, if so, what the precise interpretation was, on 15 September 1923 the Court advised (unanimously) that the League was competent. The minorities régime...

advisory opinion

advisory opinion  

Reference type:
Overview Page
Subject:
Law
A discretionary judgment made by a court which has an advisory jurisdiction. Australian courts make a distinction: they will give declaratory relief where that power exists, but not advisory ...
advisory opinions

advisory opinions   Reference library

The Oxford Guide to the United States Government

Reference type:
Subject Reference
Current Version:
2002
Subject:
Social sciences, Politics
Length:
213 words

... opinions An advisory opinion is a legal opinion given before a case is tried. Federal judges do not provide advisory opinions because Article 3 of the U.S. Constitution says their jurisdiction extends only to real cases and controversies “in Law and Equity, arising under this Constitution,” and they therefore cannot issue statements about hypothetical cases. A precedent against advisory opinions was established in 1793 , when President George Washington asked Chief Justice John Jay and the Supreme Court to advise him about the federal government's...

Advisory opinions

Advisory opinions   Reference library

The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
1,325 words

... opinions . An advisory opinion is, in its narrow sense, a judicial opinion on a point of law given at the request of the parliament or executive government. The opinion relates to a hypothetical situation, such as the validity of legislation enacted or to be enacted by the parliament, rather than to a concrete case or to litigation otherwise before the Court. In its broader sense, an advisory opinion is a judicial opinion in any case not involving the determination of the right, interest or duty of a person, regardless of whether the advisory opinion has...

Advisory Opinions

Advisory Opinions   Reference library

Joan R. Gundersen

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
252 words

...of the executive. Although later justices were tempted to provide advisory opinions concerning circuit duty and internal improvements, they refrained, using actual litigation as the forum for issuing legal opinions. Unofficially, justices have occasionally issued legal advice to the executive or legislative branches. Observers, however, have usually considered such informal measures unfortunate partisan activities. Some state constitutions do permit their supreme courts to issue advisory opinions. See also Cases and Controversies : Justiciability . Joan R....

Namibia Advisory Opinion

Namibia Advisory Opinion  

Reference type:
Overview Page
1971 I.C.J. Rep. 16. South Africa had been granted a Mandate for South-West Africa (renamed Namibia in 1968), which had been the subject of previous I.C.J. advisory opinions and judgments ...
IMCO Maritime Safety Committee, Constitution of, Advisory Opinion

IMCO Maritime Safety Committee, Constitution of, Advisory Opinion  

Reference type:
Overview Page
1960 I.C.J. Rep. 150. By resolution dated 19 January 1959, the IMCO Assembly requested of the I.C.J. an advisory opinion as to whether the Maritime Safety Committee of the Organization ...
Advisory Opinion respecting Judgments of ILO Administrative Tribunal

Advisory Opinion respecting Judgments of ILO Administrative Tribunal  

Reference type:
Overview Page
1956 I.C.J. Rep. 77. By resolution dated 18 November 1955, the Executive Board of UNESCO requested of the I.C.J., pursuant to Art. XII of the Statute of the Administrative Tribunal ...
Advisory Opinion on the Question of Acquisition of Polish Nationality

Advisory Opinion on the Question of Acquisition of Polish Nationality  

Reference type:
Overview Page
(1923) P.C.I.J., Ser. B, No. 7. On the League of Nations’ Council's request of 7 July 1923 as to whether the interpretation of art. 4 of the Polish Minorities Treaty ...
Interpretation of Peace Treaties with Bulgaria, Hungary, and Romania, Advisory Opinions

Interpretation of Peace Treaties with Bulgaria, Hungary, and Romania, Advisory Opinions   Reference library

Encyclopaedic Dictionary of International Law (3 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, International Law
Length:
990 words

...of Peace Treaties with Bulgaria, Hungary, and Romania, Advisory Opinions 1950 I.C.J. Rep. 65, 221 . By Res. 294 (IV) of 22 October 1949 , the General Assembly of the United Nations requested of the I.C.J. an advisory opinion on the questions: ‘I. Do the diplomatic exchanges between Bulgaria, Hungary and Romania, on the one hand, and certain Allied and Associated Powers signatories to the Treaties of Peace, on the other, concerning the implementation of Article 2 of the Treaties with Bulgaria and Hungary and Article 3 of the Treaty with Romania,...

advisory Opinions

advisory Opinions  

Reference type:
Overview Page
‘The [International] Court [of Justice] may give an advisory opinion on any legal question at the request of whatever body may be authorized by or in accordance with the Charter ...
Interpretation of Peace Treaties with Bulgaria, Hungary, and Romania, Advisory Opinions

Interpretation of Peace Treaties with Bulgaria, Hungary, and Romania, Advisory Opinions  

Reference type:
Overview Page
1950 I.C.J. Rep. 65, 221. By Res. 294 (IV) of 22 October 1949, the General Assembly of the United Nations requested of the I.C.J. an advisory opinion on the questions ...
Democracy or Shuracracy

Democracy or Shuracracy   Reference library

Murad Hofmann

Islam in Transition: Muslim Perspectives (2 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Religion
Length:
5,074 words
Publisher:
Oxford University Press

...not say: “ Nothing have We omitted from the Book ” ( 6:38 ) and “ This day have I perfected your religion for you ” ( 5:3 )? In view of that, differences of opinion are easily seen as a sign of ill. This interpretation overlooks the fact that Islam has found its per-fection only in religious matters, that is faith ( aqida ), worship ( ‘ibada ) and morality ( akhlaq ). This means that differences in opinion are permissible, legitimate, and even unavoidable, when no specific rules of the Shari’ah but broad Islamic principles ( maqasid ) are applied to fields...

Design

Design   Reference library

An Oxford Companion to the Romantic Age

Reference type:
Subject Reference
Current Version:
2009
Subject:
History, modern history (1700 to 1945), Literature
Length:
6,178 words
Publisher:
Oxford University Press

...Derby porcelain works. The royal gold-smiths Rundell and Bridge (Rundell, Bridge, and Rundell after 1805 ) placed the Royal Academician William Theed ( 1804–91 ) in charge of their art department, and after his death in 1817 the sculptor John *Flaxman took over in an advisory capacity. Large-scale manufacturers combined bespoke with off-the-peg production in businesses which encompassed a range of different skills. From their premises in Soho, Mayhew and Ince acted as cabinet-makers, carvers, upholders (upholsterers), plate glass manufacturers, and...

2 Corinthians

2 Corinthians   Reference library

Margaret MacDonald and Margaret MacDonald

The Oxford Bible Commentary

Reference type:
Subject Reference
Current Version:
2022
Subject:
Religion
Length:
21,614 words
Publisher:
Oxford University Press

...Titus and two ‘brothers’ ( 8:18–23 ). Comparison with literary parallels has revealed similarity to letters of appointment given to political or administrative emissaries ( Betz 1985 : 37–86, 131–9 ). Ch. 9 has also been viewed as an administrative letter. It may have had an advisory purpose: enlisting the help of the Achaians in bringing the collection in Corinth to fruition (ibid. 87–128, 139–40). Such partition theories have not seemed convincing to everyone. The mention of Macedonia and Titus, for example, in ch. 7 may prepare the way for the issues in...

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