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University Degree: International Law
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How significant is the concept of party autonomy for commercial activity in the globalised economy? How have European and U.S. approaches to the issues surrounding party autonomy differed in the past and why have they been converging in recent years? Support your answers with reasons and evidence wherever possible.
In doing so, this traditional doctrine shows its importance in fostering nowadays cross-border economy. Today, party autonomy is guaranteed on both sides of the Atlantic by Rome I, Restatement (Second) § 187 and Uniform Commercial Code § 1-105. However, in the past century European and American choice-of-law doctrine were not in full accordance. In Europe, there was a conception that the parties could not disregard the lex loci contractus and choose their own rules when entering into contract, but this trend did not resist the increasing of international trading, which required the appliance of a common set of rules. On
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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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Critically compare and contrast the common law and Brussels I Regulations regimes for the recognition and enforcement of foreign judgments. Give examples from case law to support your answer.
Act 1933 are used in tandem with common law for issuing a judgment. ?If a foreign judgment is entitled to recognition or is enforceable in English courts, then according to s 34, the claimant has to sue on the foreign judgment rather than bring fresh proceedings on the original cause of action.? Also in accordance with 9(1) any commonwealth judgment may apply for registration to the High Court within 12 months, however the registration could be rejected unless it is strongly believed that the circumstances should be enforced in the UK. The main requirements for recognition and enforcement are that: 1.
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Critically examine two bases of jurisdictions under the Brussels I Regulation and assess their relevance for the conduct for international business. Give examples from case law to support your answer.
If it is determined to be within another member state then that Member State?s law will be applied in accordance to Article 59 of the BR. A court using its nations internal law sets domicile of the individual. The primary domicile of a company, in accordance with Art 53(1) of the BC courts must determine where the seat of the relevant body is located in par with its central administration or principal business location. This is relevant to international business because as the world globalizes it is important to set standards as to which laws must be applicable.
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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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When a case involves several different foreign elements, how do courts decide on the appropriate law rules to apply? Why are such decisions likely to be significant in the case of disputes involving cross-border business and commercial activity? Suggest how a well-known company, or the organisation you work for, could be affected by the principles involved here.
Procedural law refers to the rules that determine how cases can be presented in court. Sometimes clarifications are needed for both a foreign and an English rule in the same case. English law then decides if the case should be heard by the English courts, once this is settled, it determines what laws would be applicable and relevant to the case. The English courts use the English choice of law rules to bring into consideration the connecting factors between the jurisdictions and its laws. Lex fori means that the law of the nation where the case is being tried is usually applicable.
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Intervention in Libya demonstrates that the use of force on grounds of humanitarian intervention is permissible in public international law.
The non intervention in domestic affairs of States and the prohibition of the use of force by Member States against other Member States was the main concern at that time. The Article 2 (4) of the Charter of the UN set out the rules: ?All Members shall refrain in their relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purpose of the United Nations.? However to counter any unforeseen situation, the UN also made exceptions to the rule in specific circumstances.
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This essay will seek to examine how far international law inhibits national states in relation to border control.
For example, states such as the United Kingdom (UK) and the United States America (USA), have adopted the 1951 Convention Relating to the Status of Refugees as a guide to granting refugee status to asylum seekers. Nevertheless, despitestates' adherence to international law and incorporating it into their respective domestic laws, it has sometimes been broken by a certain number of countries. Although states possess their own domestic or national laws, there have sometimes been arguments that the implementations of national laws by states are sometimes overridden by international law.
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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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