Procedural issues Admissibility ratione temporis continuing effect

The communication is therefore inadmissible ratione temporis.

Competence ratione temporis of the monitoring body (art.

Procedural issues Admissibility ratione temporis and ratione materiae Substantiation of claims by author Exhaustion of domestic remedies

The Committee has found that this complaint, claiming unlawful discrimination, is inadmissible ratione temporis.

Many of the procedures do not address this question although the Optional Protocol (OP) to CEDAW clearly requires ratione temporis

2.7 The authors' application to the European Commission of Human Rights was declared inadmissible ratione temporis on 29 February 1996.

The Committee concludes that this part of the communication is inadmissible ratione temporis under article 1 of the Optional Protocol.

As to the ratione temporis requirement, the Committee has noted the author's claims set out in paragraphs 3.1 to 3.8 above.

It may also be noted that the authors presented their communication a year after the European Commission on Human Rights declared their application inadmissible ratione temporis.

6.3 The Committee has taken note of the State party's arguments concerning the inadmissibility of the complaint ratione temporis and the comments by the authors on this subject.

(d) Ratione temporis This criterion deals with the issue of whether an author may bring communications concerning alleged violations which occurred before the entry into force of the procedure for the State party concerned.

The Committee recalls its jurisprudence that a term of imprisonment, without the involvement of additional factors, does not amount per se to a continuing effect , in violation of the Covenant, sufficient to bring the original circumstances giving rise to the imprisonment ratione temporis within the Committee's jurisdiction.

Procedural issues Inadmissibility ratione materiae

The personal jurisdiction (jurisdiction ratione personae) of a court

The subject matter jurisdiction (jurisdiction ratione materiae) of a court

This separate claim against Egypt was thus inadmissible ratione personae.

Procedural issues Inadmissibility ratione materiae non exhaustion of domestic remedies

Procedural issues Substantiation of claims by author Admissibility ratione materiae

Procedural issues Substantiation of claim by author Admissibility ratione materiae

In the current case, the condition ratione personae is not met.

It concludes that communication is inadmissible ratione personae under that provision.

(a) Ratione personae or standing This criterion is analysed under section D

Thus, ratione materiae, the convention would apply to international instruments preceding in time.

It would likewise apply, ratione loci, to international contracts concluded between operators located in different States.

Consequently, this part of the communication is inadmissible ratione materiae, under article 3 of the Optional Protocol.

Thus, the Committee finds this claim inadmissible ratione materiae, pursuant to article 3 of the Optional Protocol.

Accordingly, the claim under article 16 is inadmissible ratione materiae, as incompatible with the provisions of the Convention.

Procedural issues State party's failure to cooperate Substantiation of claims by author Admissibility ratione materiae  Exhaustion of domestic remedies

It follows that this part of the communication is inadmissible ratione materiae under article 3 of the Optional Protocol.

By application of the pro rata temporis rule, 70 per cent of the pension is payable by the Spanish system and the rest by the Swiss system.

2. The present Convention is without prejudice to privileges and immunities accorded under international law to Heads of State ratione personae.

The Committee concludes that this part of the communication is therefore inadmissible ratione materiae under article 3 of the Optional Protocol.

The Committee therefore concludes that this part of the communication is inadmissible ratione materiae under article 3 of the Optional Protocol.

Consequently, the Committee finds the communication incompatible ratione materiae with article 11 of the Covenant and thus inadmissible under article 3 of the Optional Protocol.

Conversely, no limits could be admitted as regards the jurisdiction rationae personarum or ratione materiae, except for those provided for by the convention establishing the court.

(c) Ratione loci This criterion requires that that there is a connection between the alleged victim and the State party against which a communication is brought

As regards the personal jurisdiction (jurisdiction ratione personae) of a court, the consent of the State of which the accused is a national should not be required.

4.3 The State party further argues that, to the extent that the authors intend to complain about interference with their right to property, the communication is inadmissible ratione materiae.

This part of the author's claim is, therefore, incompatible with the provisions of the Covenant and is, accordingly, inadmissible ratione materiae, pursuant to article 3 of the Optional Protocol.

This was clearly due to the Court's lack of jurisdiction ratione personae in respect of any entity other than a State party to the European Convention on Human Rights.

This is not offset by the Swiss pension, as application of the pro rata temporis rule means that the amount of the pension is very small since he contributed only for the final years of his working life.

This aspect of the author's communication falls outside the scope of application of article 14, paragraph 1, and is, therefore, inadmissible ratione materiae under article 3 of the Optional Protocol.

For these reasons, the Committee finds that these claims are incompatible with the provisions of the Covenant and are, accordingly, inadmissible ratione materiae, pursuant to article 3 of the Optional Protocol.

However, it has not invoked its reservation ratione materiae to article 22 that this guarantee only applies subject to the provisions of the local laws including the Constitution of the Republic of Korea .