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Factortame Ltd v. Secretary of State for Transport
Published online by Cambridge University Press: 01 January 2021
Abstract
Relationship of international law and municipal law — Treaties — Effect in municipal law — European Economic Community Treaty, 1957 — Direct effect — Supremacy of Community law over conflicting national legislation — Conflict between directly effective provisions of Community law and subsequent Act of Parliament — Doctrine of parliamentary sovereignty — Duty of national courts to provide effective remedies for the enforcement of directly effective Community law rights — National court referring question of Community law to Court of Justice of the European Communities — Whether interim relief available pending final judgment in case — Challenge to national legislation — Whether national court required to grant interim relief suspending operation of national legislation pending ruling by the Court of Justice — Relationship between Community law and international law
Treaties — Effect in municipal law — Enforcement by national courts — EEC Treaty, 1957 — Remedies — Interim relief — Criteria for granting interim relief suspending Act of Parliament pending ruling by Court of Justice of the European Communities
Nationality — Ships — Right of State to determine whether vessel entitled to be registered in that State and to fly its flag — Requirement of genuine link between vessel and State of registration — Geneva Convention on the High Seas, 1958, Article 5 — Requirement that vessel be owned by nationals of the State of registration resident and domiciled in that State — Requirement that operations of ship be directed from within State of registration — Fishing vessels — European Community law — Whether Community law leaves each Member State free to determine questions of nationality for itself — Whether requirements of nationality and residence for owners of vessels may be made a condition of registration of vessel — Relationship between Community law and High Seas Convention, Article 5 — EEC Treaty, 1957, Article 234 — Merchant Shipping Act 1988
Sea — Fisheries — European Economic Community fisheries policy — System of national quotas — Ships — Nationality — Relationship between Community law, national law and international law — The law of the European Economic Community — The law of England
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