2 "generally imposes a negative obligation on government rather than a positive obligation
of protection or assistance.
Worthy of note is that the Act creates a positive obligation
on students to report bullying.
The council as a public body had a positive obligation
to safeguard his Article 8 right and its interference with that right was unnecessary and disproportionate.
Do companies have a positive obligation
to look for AERs through independent social media sites and to what extent should company-driven social media be monitored for AERs?
Suggesting the body of law that is currently emerging around the crime of forcible displacement from international tribunals may not reflect the realities of the situations on the ground and further noting that refugee law by definition only deals with situations occurring after displacement, Dawson (a Legal Officer at the United Nations International Criminal Tribunal for the Former Yugoslavia) and Farber (an Associate with Debevoise & Plimpton, LLP) propose the need for an international instrument that places a positive obligation
upon state actors--and non-state actors, where appropriate--to prevent the forcible displacement of human populations.
Like Morris Janowitz and other Republican theorists, he views military service as a positive obligation
that will increase the connection between the military and American people.
Robert Weir QC, for some relatives, told the appeal court: "The state is under a positive obligation
to take all reasonable measures to protect the lives of its soldiers.
As it is written, it would seem to impose upon Canada--as a member of the Commonwealth--a positive obligation
to speak out when the charter of the Commonwealth is being breached.
NSW law imposes a positive obligation
on employers to provide suitable work to injured workers.
Arbitrators have a positive obligation
to keep parties informed of circumstances that may give rise to conflicts of interest.
If, on the other hand, the opposite custom were in force, and if A did not make it explicit to his prospective guest that he is not an observant member of the local tradition, then, yes, A would be under a positive obligation
to be B's host for as long as the storm persists (sponsored, in the Longian (1993) fashion, by the corresponding negative obligation of pacta sunt servanda).
Venice Commission adopted an opinion saying that Turkish authorities were under no positive obligation
to recognise the "ecumenical" title of the Orthodox Patriarch.