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Judiciary (Approval of Trust Funds) (Amendment) Act 2015

NITIJELA OF THE REPUBLIC OF THE MARSHALL ISLANDS

36^TH CONSTITUTIONAL REGULAR SESSION, 2015

BILL NO.: 69
P. L. 2015 - 41

JUDICIARY (APPROVAL OF TRUST FUNDS) (AMENDMENT) ACT 2015

AN ACT

to amend Title 27, Chapter 2 of the MIRC to include as jurisdiction of the High Court to approve corpus of the trust fund for the four atolls established under 177 Agreement.

BE IT ENACTED BY THE NITIJELA OF THE REPUBLIC OF THE MARSHALL ISLANDS:

Section 1. Short title.

This Act may be cited as the Judiciary (Approval of Trust Funds) (Amendment) Act, 2015.

Section 2. Amendment.

Section 211 of the Principal Act is amended as follows:

§211. Jurisdiction of the High Court.

(1) The jurisdiction of the High Court is as provided in:

(a) Article VI, Section 3 of the Constitution of the Marshall Islands (general jurisdiction);

(b) Article II, Section 5 of the Constitution of the Marshall Islands (compensation for compulsory acquisition);

(c) Article III, Section 1(8) of the Constitution of the Marshall Islands (membership of the Council of Iroij);

(d) Article IV, Section 9 of the Constitution of the Marshall Islands (membership of the Nitijela);

(e) Article XI of the Constitution of the Marshall Islands (relating to citizenship);

(f) this Chapter; and

(g) any other law of the Republic.

(2) In particular, the High Court has jurisdiction in probate, admiralty and maritime matters, and the adjudication of title to land or any interests in land.

(3) In addition, the High Court has the powers with regard to the determination of the size, membership and procedures of the Traditional Rights Court conferred by Article VI, Section 4(2) of the Constitution of the Marshall Islands and Section 223 of this Chapter."

(4) In addition, the High Court has the power to approve the invasion of corpus of the trust funds of four atolls established pursuant to the Section 177 Agreement, until such time a tribunal is established or funds are available to the Nuclear Claims Tribunal to carry out such functions.

(5) Any such action before the High Court of the Marshall Islands seeking an invasion of corpus referred to in subsection (4) of this Section, shall occur no more frequent than once every three years and shall be limited to five million dollars ($5,000,000).

Section 3. Effective Date.

This Act shall take effect on the date of certification in accordance with the Constitution of the Republic of the Marshall Islands and Rules of Procedures of the Nitijela.

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CERTIFICATE