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University Degree: International Law
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In 1990 they succeeded in demonstrating before the national courts and the European Court of Justice that the UK government through the 1988 Act was in breach of Community law namely the non-discrimination on grounds of nationality and as such the Merchant Shipping Act 1988 was illegal6. The courses that the Factortame case travelled are summarized in Diagram 1 below. As depicted in the diagram both the House of Lords and the ECJ gave three significant judgements each. The course that the Factortame Litigation took Diagram 1 The Issues and Arugments rotation around the Factortame Litigation To say that the Factortame litigation spun a web of revolutionary ideologies is an understatement.
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What is international law; how has it developed over time; in what ways does it differ from, depend upon, and compete with municipal law, and what evidence have you seen thus far that it works?
(Grewe 183) Going back in time, the term "International Law" supersedes the earlier expression "law of nations," long since adopted as a translation of jus gentium. (Sherman 56) Hugo Grotius is credited to be the "father of international law" with his three books written in 1625 titled De jure belli ac pacis libri tres or The Law of War and Peace. (Mautner 577) After the Treaty of Westphalia, international law became more prevalent with the recognition of the sovereign state system.
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Recent developments in public international law have meant that this notion has come under scrutiny across the globe. The most notable recent changes have been the rise of international human rights with the European Convention on Human Rights, the Universal Declaration of Human Rights and the establishment of the European Court of human Rights and the rise of international organisations such as the World Bank, the World Trade Organisation and the United Nations. I will proceed to analyse the effect that these changes have had on the notion of state sovereignty. Following the establishment of the European Court of Human Rights any citizen in an EU state now has the right to appeal to this court when dealing with a case of a breach of Human Rights.
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Investigation into the rule of stare decisis - it is clear that within International Law, tribunals largely agree on the basic foundation that there is no obligation within the Law to follow earlier prior decisions on the nature of what is known as Sta
It clearly provided that "The decision of the Court has no binding force except between the parties and in respect of that particular case."1 Firstly it will be explored as to what Customary Law is. It is basically Law which is derived from Custom rather than actually renowned rules of Law. Even though it is 'Custom' it should not be confused as not binding within the law. Custom is considered by, jurists, the United Nations and finally the International Court of Justice.
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It is clear that there is little room for maneuver for Judges and they should follow the prescribed method within the law. Stare Decisis is not found here either encouraging an interpretation approach rather than a creative one. One of the main foundations of the Civil Law system advocates the view of Judges being the mouthpiece of the law, something supported in the modern French system. The Napoleonic Code took a highly negative view of Judges making law post the French Revolution.
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( Marx and Engel (1864) 1970:64 in Haywood, 2002, 42). Therefore stressing on the fact that ideas of the ruler or rulers being the elite in the society or the masses to rule becomes the political ideology of the day. Democracy being a political ideology can be traced back to ancient Greece, the word is derived from the Greek root word (Kratos) meaning power or rule. Democracy thus means a rule by the people (demos) indicating that form of the government thus serves the interest of the people regardless of their participation in a political life.
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He was not entitled to POW status and was tried accordingly to National Criminal Law. Therefore the case of Walker Lindh was not of a POW but that of a traitor. He was tried for ten charges of supporting and aiding terrorist. What had to be proven was that he was actively supporting Al-Qaeda? He cannot be sentenced on the grounds he was a member of the Taliban fighting the Northern Alliance3. For the US Administration a further issue that he was most likely to have experienced torture and ill treatment while detained complicated the case of Walker Lindh.
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How does the Climate Change Convention differ from the Vienna Convention? What were the major issues for the negotiating States with regard to these conventions?
The Vienna Convention was aimed at to secure a general treaty to deal with the ozone depletion. It designed a general treaty to resolve the ozone depletion and may be considered as a framework convention. The convention in Vienna in 1985 for the protection of ozone layer, nations made an agreement to take appropriate measures to protect human health and the environment against adverse effects resulting or likely to result from human activities which modify or are likely to modify the Ozone Layer, however the measures are not specified.
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International Law: Multinational companies may lack personality under general international law; how
Such rights under international law though, are seen as limited to those conferred from the agreement. The agreement may not actually even involve international law, coming under the jurisdiction of municipal law. For it is common for agreements to include a 'choice of law' clause allowing the parties to stipulate the 'rules of law' that any dispute arising from the agreement will be settled under. Thus the national law of the host state may be chosen, multinationals though are usually reluctant to do this, in case of changes in the law which prove adverse to their interests.
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In addition to the UDHR, there are several regional versions. The American Convention on Human Rights, which was entered into force on the 18th July 1978. It contains several rights and freedoms that are included in the Universal Declaration. There are some provisions in the American Convention that are more central to the debate on the prisoners held at Guantanamo Bay. These relate to; Article 2: Freedom from Torture and Inhuman Treatment. Article 5: The Right to a Fair Trial.
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Describe the causes and effects of marine pollution. Explain the contribution by the Law of the Sea Convention 1982 to other Conventions. Where should we go from here?
It may result either because of an accident or because of the natural ways in which ships operate. Accidental vessel source pollution may involve the discharge of dangerous substances, which are transported by sea, including oil, radioactive materials, chemicals and hazardous wastes. Marine accidents potentially cause serious harm to coastal communities, fisheries, wildlife and the local ecology where is a spill takes place. Operational pollution, on the other hand, is caused by the manner in which ships operate. For instance, oil tankers traditionally washed their oil tanks and disposed of oily residues at sea, resulting in significant volumes of pollution.
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One precondition is that the purpose of the contract must be the purchase of a good. Excluded are certain type of goods and sales processes, which are especially the transfer of intangible assets, consumer purchases and sales contracts about property. Basically the Vienna Convention is to be executed in two ways: directly autonomous if both parties have their branch in a contracting state or through the rules of p.i.l. (Private International Law) which lead to the application of the law of a contracting state.
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Thus, to judge a state as legitimate is merely to find that its citizens believe it to be legitimate. In this vein, Lipset expresses legitimacy as the "capacity of the system to engender and maintain the belief that the existing political institutions are the most appropriate ones for the society" (88). However, this explanation has been subsequently dismissed by many other social scientists, who argue that it empties the concept of legitimacy of any objective reference or moral content, boiling it down to the processes by which the beliefs are transmitted rather than an analysis of factors which give people sufficient grounds or reasons for holding them (Shaar 108)
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Critically assess any two provisions of Rome I and evaluate their relevance in international business decision making. Based on your assessment, how important a change is Britains acceptance of Rome 1, in terms of the effects it will have on decisions in English courts relating to contractual obligations in transnational commercial disputes? Give examples to justify your answer.
4 in the Rome Convention and Rome I does not differ so much from the principles already developed in the English Courts. Freedom of Choice, expressed or inferred choice of law The Article 3 (1) of the Rome Convention reads: 1. A contract shall be governed by the law chosen by the parties. The choice must be expressed or demonstrated with reasonable certainty by the terms of the contract or the circumstances of the case. By their choice the parties can select the law applicable to the whole or a part only of the contract.
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How does the English common law system decide where commercial disputes with foreign connections should be tried? Give examples from case law to support your answer.
Submission If a defendant enters an appearance to contest a claim against him, he is deemed to have submitted to the jurisdiction, unless, according to Williams & Glyn the appearance is made simply to contest the court?s jurisdiction. Instructing a solicitor to accept service is also considered to be an act of submission to the jurisdiction according to CPR6.4(2), and a defendant will also be considered to have submitted to the jurisdiction if he makes a counterclaim before the English court according to Para 3.1 of Practice Direction 6b.
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Critical review essay: Feminist Approaches to International Law Charlesworth, H. and Chinkin, C. (1991)
Liberal western democracies have emphasize human rights as a one of their main pillars. An achievement that was embrace with triumphalism but that has been not that easy to implement with women's right, for instance and for the sake of this critical essay. The truth is, as the authors themselves state, human rights need more than a bill to be a reality. And also more than an ad hoc international tribunal that provides special monitoring of justice towards war crimes committed against women as, for instance, the International Criminal Tribunal for the former Yugoslavia (ICTY), in The Hague.
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