![Estoppel. As Muller and Cottier point out, the International Court of Justice has not adopted the technicalities of specific form of estoppel found in domestic jurisdictions[5]](https://mbt-essays-prod-public.s3.eu-west-1.amazonaws.com/942501/listing/942501_1.jpg)
Estoppel. As Muller and Cottier point out, the International Court of Justice has not adopted the technicalities of specific form of estoppel found in domestic jurisdictions[5]
Estoppel The principle underpinning the doctrine of estoppel can be understood by the maxim 'allegans contaria non aidiendus est', or as Lord McNair put it, 'one should not blow hot and cold'1. Thus estoppel has long since been recognised in municipal legal systems, and for common law jurisdictions such as the United Kingdom estoppel is a highly technical areas with many sub-species including estoppels made by promise and deed. Such a doctrine prevents individuals or States from benefitting from their own inconsistency, and it is to be found in all major legal systems2, and unsurprisingly States have pleaded estoppel concepts before international courts for many years with the notions of justice and fairness generally cited for estoppel in international law3The source of the law is somewhat uncertain, with the doctrine not being codified under Article 38(1)(a) VCLT, although commentators such a Kolb believe the foundations lie in the 'good faith' doctrine courts strive to uphold4. As Muller and Cottier point out, the International Court of Justice has 'not adopted the technicalities of specific form of estoppel' found in domestic jurisdictions5. In addition to this 'simple and wholly untechnical conception'6 of estoppel invoked by the international courts, another stark difference is that the doctrine can be invoked in the course of substantive law, as opposed to solely
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.
The Brussels I Regulation was implemented as an expansion and modernization upon the Brussels Convention 1968 (BC). The Brussels I Regulation (BR) controls jurisdiction among all member states except Denmark, and was implemented into UK law. The BC and BR only govern civil and commercial matters. They were set to create a standard by which the choice of law is maintained and agreed upon between Member states when foreign elements arise within a case. The existence of such an agreement can limit forum shopping and help establish justice between states as the business interrelationships continue to grow. The Brussels I Regulation bases the concept of jurisdiction on the following criterion: The first basis is domicile. Under Article 2 of the Brussels Convention and the Brussels Regulation, the domicile of a person in a particular state is determined by the laws of that state; meaning that the jurisdiction of a case would be in England when the defendant is domiciled in England.[1] The internal law of the state is used in determining the domicile of the party. 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
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.
Critically compare and contrast the common law and Brussels I Regulation’s regimes for the recognition and enforcement of foreign judgments. Give examples from case law to support your answer. Common Law and the Brussels 1 Regulation have different interpretations on recognition and enforcement of foreign judgments. The Common Law’s rules for recognition and enforcement include all foreign judgments with the exception of those taking place in the courts of Member States. There are special requirements set by common law in accepting foreign judgments and are dependant on a judge’s discretion. It requires that the litigant institute fresh proceedings in England in order to enforce a foreign judgment.[1] The Administration of Justice Act 1920 and the Foreign Judgments (Reciprocal Enforcement) 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.”[2] 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.[3] The main requirements for recognition
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.
Although party autonomy has its origin going back to 16th century, [1] this is a cutting edge doctrine addressed by most of the international commercial treaties nowadays. In essence, the theory enables the parties to a contract to choose the legislation that will govern their agreement. International treaties as Rome Convention, and currently Rome I Regulation, as well as national laws like the Restatement (Second) and Uniform Commercial Code, strengthen the party autonomy by removing divergences in legal systems and supporting the freedom of choice through their rules,[2]which puts commercial trading at ease. In the current world model, business participants expect certainty and predictability from their agreements, and nothing better than meeting their expectations by providing them the power to choose the applicable rules. Hence, party autonomy ensures to the parties of a contract the chance to foresee the deployment of their commercial transactions as well as the knowledge of the possible legal consequences of their acts. 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
International law does not offer any effective remedy where the government of a State chooses to commit mass human rights violations within its own borders. Do you agree? Explain your answer fully, referring to real world examples.
LA TROBE UNIVERSITY FACULTY OF LAW & MANAGEMENT SCHOOL OF LAW PUBLIC INTERNATIONAL LAW (LAW2/3PIL) ESSAY Question 2 International law does not offer any effective remedy where the government of a State chooses to commit mass human rights violations within its own borders. Do you agree? Explain your answer fully, referring to real world examples. Executive Summary The report gives an overview about international law regarding effective remedies against human rights violations. This paper integrates a comprehensive understanding of human rights in particular human rights violations and operational criteria. Firstly, human rights in an international context will be presented. Secondly, remedies in international law will be analysed. Furthermore, the paper discusses the historical development about powers, politics and remedies in international law in context with human rights. This report identifies the key human right issues in an international context: * Human rights protection by peaceful, political-diplomatic remedies and International Courts * Human rights protection by violent remedies The report followed up with a discussion and conclusion. Table of Content I. Introduction II. Human Rights 1. Basic Facts 2. Human Rights in International Law III. Remedies in international law . Human rights protection by peaceful, political-diplomatic remedies and
What are the factors that contribute to state legitimacy and stability?
What are the factors that contribute to state legitimacy and stability? The state is most simply defined as a political association that establishes sovereign jurisdiction within defined territorial borders and exercises authority through a set of permanent institutions. It exercises absolute and unrestricted power, standing above all other associations and groups in society, while having no external oversight into its own actions. In international politics, the state is an autonomous entity, exercising jurisdiction within geographically defined borders. Its institutions are responsible for making and enforcing collective decisions in society and are funded at the public's expense, and it possesses the coercive power to ensure that its laws are obeyed and that transgressors are punished. As Weber puts it, that state has a monopoly of the means of "legitimate violence." Given the state's monopoly of power and ability to control its citizens, it is important that the state has legitimacy. In order for its decisions to be accepted by its citizens as binding, it must give its citizens good reasons for compliance, without which it is unable to function. The state requires legitimacy to achieve the goals that depend on the support of its population, and to maintain its political system intact in the face of serious policy failure or challenge to it. Weber has argued that, as
International Trade Law
International Trade law This assignment will focus on the actions of two member states of the World Trade Organisation1 (WTO) to determine whether state A is within their right to subsides their shoe industries. The subsidies implemented have three parts; the first created a private law body called 'Organisation for the Protection of the National Shoemaking Industry'. This body directly limits the number of shoes imported from abroad. Second the private body was funded by state A to provide a number of loans to at least 100 shoe making production companies in the country. Third, previous loans given to the same companies have been written off as a result of the new policy initiated in the state A. Understandably state B were furious with state A and want countervailing measures brought against state A actions; and as compensation for any loss that may occur will be considering an import duty on state A shoe industry. The starting point of discussion is what effect will the WTO have on the two states? Or in other words what does it mean to be a member of the WTO? The WTO is the pinnacle recognition that promotes the understanding that international progression can only be achieved if a fair and free market trade are conducted by member states. The WTO is the successor to the General Agreement on Tariffs and Trade (GATT) which was created in 1947 and operates as a de facto
This particular study, therefore, will be based on the delimitation of maritime boundaries in respect to the different approaches followed by the International Court of Justice in situations such as those concerning the North Sea Continental Shelf Cases (
Indisputably, the delimitation of maritime boundaries around the world has been one of the most significant and complex issues that the international community was faced with over the last two centuries. It has been accepted that from the early stages of human existence the world's oceans and seas have been converted into one of the main resource base upon which a significant percentage of humankind relied for sustenance and livelihood options. In the beginning of the 21st century, they continue to provide tremendous resources, living and mineral, and constitute the foundation for vital economic sectors such as trade, tourism and energy, undoubtedly essential to all States, developed or developing. In short, only few resources have as broad an impact on our economy and communities as our oceans and seas, by becoming vital to homeland security, transportation, trade, environmental and scientific research, historical and cultural heritage. Based on the foregoing, therefore, countries all over the world have actively passed laws related to the seas in an attempt to determine maritime boundaries and to guarantee the freedom of the high seas to all states.1 Despite such an attempt, due to the close geographical proximity of many States, their maritime zones often overlap to a greater or lesser extend, leaving no other option to them but to establish boundaries between such zones in
Under the doctrine of state responsibility a state must offer diplomatic protection to its nationals Discuss the above quote in relation to diplomatic protection in cases of dual nationality and/or of very close links with another state which is no
'Under the doctrine of state responsibility a state must offer diplomatic protection to its nationals' Discuss the above quite in relation to diplomatic protection in cases of dual nationality and/or of very close links with another state which is not the person's state of nationality. Introduction Under international law state responsibility is an essential point regarding to sovereignty and equality of states. A state is responsible for its wrongful acts, but also a state has a right not to be forced by other states. Therefore, when the national of the state is damaged, the state has a right to take actions which known as diplomatic protection of nationals. However, in the cases of dual nationality, the complication issues arise between states in order to decide the admissibility of right to offer diplomatic protection to dual nationality. This essay will discuss whether a state must protect their nationals under the doctrine of state responsibility in particular, in the cases of dual nationality and very close links with another state and it will argue that a state should offer diplomatic protection to its nationals based on a various of facts itself. The concept of state responsibility and diplomatic protection of nationals The state has a responsibility for its wrongful acts and violation of international law. The state responsibility is a wide spectrum of issues
The 1980 United Nations convention on contracts for the international sale of goods.
THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS This paper will show that the UN Convention on Contracts for the International Sale of Goods offers solutions to the increasing legal problems which arise when doing business in an international context. Firstly an overview will be given when the Vienna Convention applies and furthermore what remedies a seller has when there is a breach of contract. The UN Convention on Contracts for the International Sale of Goods (CISG), also known as Vienna Convention, came into force on 1 January 1988 and is currently adopted by 62 countries.1 It is said to be one of the most successful Treaties in history.2 This Convention was promulgated by the UN Commission on International Trade Law (UNCITRAL) and is a successor of the 1955 Hague Convention. The Vienna Convention has a prior claim of application in relationship to the Rome Convention. But both Conventions state that they 'do not prevail over international agreements' (Art.90 CISG) or 'shall not prejudice the application of international conventions' (Art.21 Rome Convention). However, as will be explained below, if the states are members of the Vienna Convention this law will always apply and even if it is not stated in the contract the private international law of that country will lead to the application of the Vienna Convention.3 If the Vienna