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
LA 5008 - International Law Assessment Number - C04609 'Stare Decisis' is simply the Latin equivalent for 'Reason for the Decision' and as mentioned, it is evident that over the whole area of International Law there is no such rule in place. However, although there is no actual rule for such, Judicial decisions hold a heavy weight in establishing the various sources of International Law, Nevertheless, often the Court will refer to its past decisions and advisory opinions to support its explanation of a present case. Namely; Customary International Law and General Principles of Law, thus leading to what is known as the 'De Facto' Rule of Precedent which is basically the Latin meaning of 'concerning the fact' this is used when there is no relevant law or standard, but a common practice (Here being the judicial decisions) is well established. Although the question concentrates on establishing the aforementioned sources via Judicial decisions, Article 38(1) states another source which makes up International Law, this being International conventions (whether general or particular) establishing rules expressly recognized by the contesting states. Most international courts and tribunals officially reject the principle of binding precedent, while at the same time they effectively advocate it. The rejection of a 'Stare Decisis' rule probably goes back to the decision taken by the
Millenium Development Goals
INTERNATIONAL INEQUALITIES CONTENTS PAGE . Action plan..............................................................................3-4 .2. Introduction...........................................................................5 2.1 dependency theory....................................................................6-8 2.2 Development theory 2.3 Comparison and analysis 3. The millennium development goals..................................................9-12 3.1 The eight millennium targets 4. India......................................................................................13-14 4.2 Poverty monitoring and statistical strengthening 5. Sudan....................................................................................15-16 5.1 Face of poverty 6 Conclusion..............................................................................17-24 6.1 Recommendations (India) 6.2 Sudan 6.3 Appendix 1 6.4 Appendix 2 7. Referencing.............................................................................25-26 8. Bibliography............................................................................27 9. Literature review.......................................................................28 ACTION PLAN Date What I plan to do In which order By when Have I completed it? 05/12/06 This was the day when I received the assignment - - -
Treaty making - a discussion of treaties and reservations to treaties.
As agreements between States are made most notably by instrument of the treaty, a study of international law would be completely lacking without a discussion of treaties and reservations to treaties. Simply speaking, a treaty is an agreement between States, and as expected, agreement may not come easily. Making reservations to treaties is one method for States to show their disapproval for particular provisions. The effects of reservations to multilateral treaties have evolved over the years, resulting in greater leeway in some respects but also in greater restrictions, as with human rights treaties. Once a State has made a reservation, the other parties must react. It is also up to States to determine and distinguish between interpretive declarations and actual reservations as the consequences are quite different for the two. Furthermore, ius cogens and fundamental changes in circumstances play a role in determining viability in treaty law. Traditionally, as can be seen with the League of Nations in 1927, only reservations which were accepted by all the states which had signed on to a treaty were allowed. In 1932 the Pan-American Union pushed for a different slant for treaties ratified with reservations as yet unaccepted with the following stipulations: 1) the treaty would be regarded as in force between original signatories without the reservations, 2) in force between
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?
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 differences of the Climate Change Convention and the Vienna Convention Both of the Climate Change Convention and Vienna Convention concerns about the global environmental change which involves the actions about ozone layer and greenhouse effect. However, there are some differences of Climate Change Convention and the Vienna Convention. The Climate Change Convention was mainly concerning about the problems of the "Greenhouse effect" but the Vienna Convention involving the problems of the degradation of the ozone layer that do seek to phase out chlorofluorocarbons (CFCs) and halons, an important group of greenhouse gases. The Climate Change Convention initially commits each country to reduce climate-warming gases to the same level in 2000 as in 1990. It exists to ensure that industrialized countries will cut their Carbon Dioxide emissions to the point where there is no threat to global survival (Vig and Axelrod, 1999). The Vienna Convention is for the protection of the Ozone Layer that has determined to protect human health and the environment against adverse effects resulting from modifications of the ozone layer. The Vienna Convention was aimed at to secure a general treaty to deal with the ozone depletion. It
Immigration Law
Bibliography Journals Laura Devine, 'In Practice: Immigration' (2006) LS Gaz, 6 Apr, 25 Jeremy Nixon, 'What's the point?' (2006) 156 NLJ 577 Laura Devine, 'Legal Update: Immigration' (2008) LS Gaz, 28 Feb, 23 Laura Devine, 'Is the New Highly Skilled Migrant Programme ''Fit for Purpose"? If no, the Government's Proposed Points Based Immigration System is Fundamentally Flawed' (2007) IANL 90-108 Sarah Clarke, 'Immigration Control and Work Permits For Foreign Entertainers and Workers in Film and Television - New UK Points Based System' (2009) Ent. L.R. 20(3), 103-105 Text Books Gina Clayton: 'Textbook on Immigration and Asylum Law' (3rd Ed) Oxford, July 2008. Websites www.publications.parliament.uk/pa/Id200708/Idselect/Ideconaf/82/82.pdf www.bia.homeoffice.gov.uk/workingintheUK www.bia.homeoffice.gov.uk/employers www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/preventingillegalworking www.ukba.homeoffice.gov.uk/aboutus/workingwithus/indbodies/mac/ www.lexisnexis.com www.bia.homeoffice.gov.uk/employers/preventingillegalworking/penaltiesemployers www.westlaw.com www.hrmagazine.co.uk/news/887312/Employment-Appeal-Tribunal-ruling-employers-liable-racial-discrimination/ http://www.hrmagazine.co.uk/news/857423/Penalty-time-immigration-law-shake-up/ www.statutelaw.gov.uk Legislation Race Relations Act 1976 Immigration, Asylum and
The Role of Eurasian Economic Community in Uzbekistan
INTRODUCTION Since the acquisition of independence in 1991, Uzbekistan began an active political, economic and social integration into the world economy and international market. Declared by the President of Uzbekistan, Islom Karimov, ways of "building of socially-oriented market economy", as "the root-basis of internal politics of independent Uzbekistan"1, became the most appropriate option of movement towards the world market, as a whole, and cooperation with international organizations with respect to competitive market trade, in particular. Many years of socialist policy during the former USSR have built agriculturally-oriented economy in the former member-states; therefore, along with highly-developed agricultural sector (which, with no doubt, helped Uzbekistan to become the second largest cotton exporter); 2 there have arisen problems with the advancement and support of not only industrial, but also other sectors of economy. Thus, integration of international experience regarding market economy, has built the strong potential of independent production in Uzbekistan through collaboration with neighboring countries and intercontinental organizations, became the major aim of the Republic of Uzbekistan. So, having joined to different international economic communities such as United Nations Economic and Social Commission For Asia and the Pacific, Economic Commission for
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?
Vivian Chiu Seminar 2: International Law 30 March 2008 "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?" With the growth of globalization and the international spread of democracy, international law has grown more pertinent in the field of jurisprudence. Innovations in technological development such as the telephone and internet, as well as innovation within the travel industry itself, has rendered interaction and interdependence much more involved than in the past. With nations growing closer in interaction, the need for international law becomes more relevant in regulating the relations and dealings of nations. Does IL work? International law's purpose is to regulate the interactions of countries and international organizations with the intent of ensuring justice, peace, and equality. The origins of international law can be traced as far back to 1380 B.C. with the ancient civilizations of the Hittites, the Egyptians, the Assyrians, and the Aramaeans with their conduct of peace and alliance treaties. From the sixth century B.C., international relations began in the Greek city-states that dealt with alliances, the treatment of aliens, commerce and navigation, as well as the rules and customs of war, thus leading to the
Critical review essay: Feminist Approaches to International Law Charlesworth, H. and Chinkin, C. (1991)
July 26th New York Lara Malvesí lm2511 INTERNATIONAL LAW Summer Intensive Global Affairs NYU Critical review essay: Feminist Approaches to International Law Charlesworth, H. and Chinkin, C. (1991) In the article, the authors present their work as controvert. They prevent the reader from the first page that the feminist approach into international law is not always good received by some of the academics of this discipline. Furthermore, they are aware of the idealism that can be inferred. Nevertheless, the authors follow they instincts and are loyal to the goal of the research: feminism theory meeting international law. The articles goes through western world history from 1991 and until 9/11 to show how women have been in the shadow in the international politics arena. The authors proof this argument by pointing out the few women that occupy judicial positions in international courts and tribunals. This reality hasn't care about, among other treaties and protocols regarding gender discrimination, the sign in 1993 of the Vienna Conference on Human Rights, a text where is affirmed that the "human rights of women and of the girl-child are inalienable, integral and indivisible part of human rights". 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
The potential successes and weaknesses of the African Court of Human Rights
Public International Law Assessment: Critically evaluate the prospects of the African Court of Human Rights becoming a functional and influential judicial body. (Word Limit 2500) The establishment of an African Court of Human and People's Rights (ACHPR) is a landmark moment in international human rights law. With the recent election of judges to its first bench, there is a growing anticipation for its impact on a continent with a dismal record in human rights violations. However, critics are mindful of the potential barriers to success. In order to assess whether the new ACHPR will become a functional and influential in judicial body, I intend to examine the essential features of the Court and their weaknesses with appropriate references to the ACHPR's European and Inter-American counterparts. (i) Jurisdiction and Accessibility The answer to the question of whether the Africa court can be functional and influential depends largely on its jurisdiction because it will determine who will have access to the court and 'what types of violations can be entertained by the court'.1The Protocol of the African Court provides for three heads of jurisdiction for the African Court; contentious, advisory and conciliatory. Each must be examined in light of their potential strengths and weaknesses. Firstly, there is the subject-matter jurisdiction. The Court's jurisdiction extends 'to
Export trade law.
Staffordshire University EXPORT TRADE LAW "Increasingly we hear of key expressions like global harmonisation, uniformity, equalisation and legal equilibrium in the realm of export/ international trade law and justifiably so". Critically evaluate the accuracy of the above statement, in relation to sales and carriage transactions in export and international trade. Word limit: 3000 Postgraduate student, Student number: 99-354223 Academic year 2002-2003 The trend towards unification of the law concerning the transnational sale and transportation of goods can be traced back to the Middle ages where it gave rise to the law merchant 1. The industrial revolution and more specifically the overproduction that occurred from the subsequent industrial growth dictated a need to industrialised nations to come up with a specific economic policy designed to go beyond national borders with the aim maximise the utilisation of resources. This economic policy required a correspondent legislative policy, able to cross national borders and regulate the transnational trade relationships. In search of such regulation, efforts have been made for more than a century to overcome the diverge national private and commercial legal structure that have emanated as long ago as, the enactment of the first codes ( such as the Scandinavian codes, the French code and the Austrian code) and the emergence