Are cumulative causes of action permissible under the common law conflicts principles? Ought this to be so?
ARE CUMULATIVE CAUSES OF ACTION PERMISSIBLE UNDER THE COMMON LAW CONFLICTS PRINCIPLES? OUGHT THIS TO BE SO? Introduction: I will argue that although the common law seems to permit cumulative causes of action within its domestic context (See Henderson), this doesn't automatically translate to an application within a "conflicts" context. The main hurdle to this "automatic translation" is the coming into force of certain European legislative instruments such as such as the Regulation 44/2001 (hereinafter referred to as the "Regulation") and the Rome Convention. I will start by attempting to determine the common law conflicts position with respect to permitting the pleading of cumulative causes of action (hereinafter referred to as "accumulation"). I will then move on to consider the compatibility of this common law position with the European instruments. I will try and define the various parameters that constrict the pleading of cumulative causes of action in the context of these instruments. I will then conclude that although this accumulation ought to be limited in the context of European instruments, it ought not to be so, in cases where these instruments don't apply. At this stage, it becomes important to distinguish between pleading cumulative causes of action (which is an issue of characterisation) and selectively pleading facts, so as to bring the case within the
Advise the prime minister in regard to both concerns, drawing primarily on your knowledge of the GATT/WTO regime.
Imagine that you are the legal adviser to the prime minister of a developing country called Ruralia. The prime minister has discussed with you her government's desire to join the World Trade Organization (WTO), but has also expressed her unease about claims made by certain non-governmental organizations (NGOs), to the effect that the fundamental principles of the GATT/WTO regime often prevent countries such as hers from adopting policies essential to their economic development. In addition to her fears about her country's broader economic interests, the prime minister is concerned that WTO membership would mean that transnational corporations (TNCs) based in other member-states of the WTO would be free to invest in her country's sugarcane industry, thereby threatening the most vital sector of its economy. Advise the prime minister in regard to both concerns, drawing primarily on your knowledge of the GATT/WTO regime. From the issues raised the highlighted areas to work with are primarily to substantiate the claims made by Non-Governmental Organizations and Transnational Corporations regarding the detrimental side effects to Ruralia's economy should Ruralia establish membership with the WTO/GATT. From the criteria given it is not known what economic policies are at risk from WTO membership and to what extent the WTO is a risk to a developing country such as Ruralia. Is it
The Issue of Nationality.
The Issue of Nationality A problematic question arises to the status of Nationals of the Detaining Power. The terminology used in the Geneva Convention's assumes that POWs protected by it are not Nationals of, and owe no duty of 'allegiance' to the Detaining Power1. A. Rosas claims accordingly to Article 4 in the Forth Geneva Convention, "persons protected by the Convention are only those who find themselves in the hands of a party to the conflict or occupying power of which they are not nationals"2. A National to the detaining power is considered to be a rebel and not a POW. This makes the case of John Walker Lindh, an American National swearing allegiance to the Taliban particularly interesting, should he be granted POW status? He may feel he owes no duty of allegiance to the US authorities as he took up arms against US soldiers, but because he holds an American passport, he is officially an American National detained at Mazar-i-Sharif. 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
Does Fabota qualify for statehood under Montivedeo Convention? If not does it qualify under a sufficient number as to be a state under UKrecognition principles? And thirdly, does other state recognition play a part?
Aysha El-Kaddah Public International Law Kings College London Suzanne Granfer Essay 2 The questions that I will focus on in this essay are firstly 1) does Fabota qualify for statehood under Montivedeo Convention? If not does it qualify under a sufficient number as to be a state under UK recognition principles? And thirdly, does other state recognition play a part? It is difficult to identify criteria for statehood that are universally accepted, therefore as is demonstrated in this question, some states' criteria may be satisfied and would qualify as a state, while other countries like the UK still question Fabota's claim to statehood. The Montevideo Convention on Rights and Duties of States 1933, attempts to establish a criteria for statehood, by stipulating in Art 1 that a state as a person of international law should possess the following qualifications, a) a permanent population, b) a defined territory c) a government and d a capacity to enter into legal relations with other states. I will discuss these criteria in detail and its application to Fabota and its claim to statehood when advising the British Government whether it should qualify for recognition. Firstly, permanent population means that there must be some population linked to a specific piece of territory on more or less a permanent basis and who can be regarded as its inhabitants. There is no information
Between the various sources of International Law there exists an obvious hierarchy, in which treaty holds undisputed authority. Discuss.
Between the various sources of International Law there exists an obvious hierarchy, in which treaty holds undisputed authority. Discuss. In an international system typified by the sovereign equality of states, above which exists no legislator or enforcer, much of international law emanates from the rules such states choose to be bound by. Treaties are a common method of doing this, but they are not the only one. Other sources of international law exist, and to suggestions that treaties hold undisputed authority are false. This essay shall begin with examining the statute of the International Court of Justice (ICJ). This Article indicates three primary sources of international law and some subsidiary sources. This will be followed by a brief description of each of the three main sources. Section 2 asserts that customary law holds equal status to treaty amongst the sources. This is seen through the operation of two principle maxims of interpretation; lex posterior derogat priori and lex specialis derogat generali. It will be shown that these maxims give preference to neither treaty nor custom, but treat them equally. Section 3 shall examine the concept of jus cogens norms in International Law. It shall be seen through both theoretical discussion and case law that jus cogens norms override both conventional (treaty) and customary law. They are principles that allow no derogation
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?
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? The sea is indispensable to life on earth and experiencing serious environmental problems today. Originally nature had the power to clean itself of pollutants to a certain degree. However, the amount of the pollutants discharged by human beings has reached a level which nature cannot cope with. The causes of marine pollution are variety, such as disposal of waste and oil spills, which have caused great and possibly irreversible damage to marine life and could cause extermination of marine life. To prevent the marine environment from further damage, some conventions on the Law of the Sea have been established and implemented effectively. In this paper, the causes and the effects of marine pollution will be firstly identified and discussed. Following this, the law of the sea reviews the overall problems. How to protect marine environment will be finally recommended. Causes of marine pollution Vessel source pollution Vessel source pollution refers to pollution that comes from ships and has been estimated to comprise up to 40 percent of marine pollution (Kindt, 1986). It may result either because of an accident or because of the natural ways in which ships operate. Accidental vessel source pollution may
International Law - Does International Law Exist
i. 'International Law is not imposed on States - there is no international legislature.' (Wallace, R.M. (2005) International Law, 5th ed, Sweet & Maxwell) When looking at this statement it is important for one to consider the concept of International Law and how this idea differs from the domestic legal order. Ascertaining the law on any given point within the domestic legal system is not usually a difficult process. In the US, for example, one will look to see as to whether a certain legal matter is covered within their codified constitution and through law reports view how similar matters were interpreted by the judiciary. However, when this method is compared with that of international law, as Malcolm M. Shaw observes, 'the contrasts are striking' (Malcolm, M. Shaw, 2003, pg 66). This is due to the nature and set-up of international law and the lack of an executive, legislature and a structure of a judicial system, each of which are paramount within domestic societies. Therefore, if this paper were to only consider this it would show that the statement above is indeed correct and that international law does not exist because, as the statement proposes, international law is not imposed on states. However, it is feasible to show that the statement is flawed when we consider the number of sources available from which the rules of international law can be extracted and
What's to be done about the Patagonian Toothfish?
Reyes Bragimo K0427364 ENVIRONMENTAL ECONOMICS 1 Reyes Brágimo K0427364 Topic 16: What´s to be done about the Patagonian Toothfish? Scientific name The scientific name is Dissostichus eleginoides, and it knows like merluza (Spanish), Patagonian toothfish (English), Chilean sea bass (English), légine australe (French), mere (Japan) or patagonsky klykach (Russian). Distribution Patagonian toothfish is distributed extensively, from the slope waters of Chile and South of Argentina of 30 to 35°S, South Africa and south of New Zealand, to the islands and banks in sub-Antarctic waters of the Atlantic and Indian Ocean sectors and Macquarie Island on the limit Indo-Pacific of the Southern Ocean. It is found as deep as 2500 to 3000 m Size and Age The maximum size and weight observed are 2.38 m and about 130 kg, respectively. Reliable age estimates for individuals larger than 100 to 120 cm are scarce. However, individuals close to the maximum size are likely to be from 40 to 50 years old or even older. Biology Patagonian toothfish eats a variety of other fish, octopods, squid and crustaceans. The species' fecundity is of 48 000 to more than 500 000 eggs, varying with fish length and geographical locality. The eggs (from 4.3 to 4.7 mm diameter) are generally found in the upper 500 m of the water column in waters from 2 200 to 4 400 m deep. They probably incubate in
The relationship between national and international law
The relationship between international law and national law is one of the most intriguing, erratic, and complex issues that could arise in the context of the application of international law. There is always an assumption ' that there is an inevitably some degree of friction or rivalry between the spheres of international and national law'1. Some critics argue that national law follows international law in the hierarchy of legal norms as international law legitimizes the existence of a state. On the other hand, some argue that international law hasn't reached the level of maturity that enables it to take over and this is evident in the existence of the state sovereignty and the need for the ratification and incorporation of international treaties and convention by the constitutional institutes in each country to stamp it as valid. I believe that 'decision itself lies outside the science of law. It can be made only on the basis of nonscientific, political considerations' 2. International law refrains from explicitly prescribing its application process or its enforcement mechanism, however, 'it asserts its primacy over national laws but without invalidating those laws or intruding into national legal systems' 3. It stems from this that international law is suggesting two distinct spheres of national and international nature that co-exist together, in which, the international
Write an essay on the role and importance of international commercial arbitration as an alternative dispute settlement mechanism in the present day world.
OLUWAYEMISI DIYA INTERNATIONAL BUSINESS TRANSACTIONS SEMINAR LEADER: DR A.F.M MANIRUZZAMAN DATE: 12th MARCH 2004 QUESTION NUMBER 21 Question: write an essay on the role and importance of international commercial arbitration as an alternative dispute settlement mechanism in the present day world. Arbitration can be defined as where parties state their views, offer evidence at an arbitration hearing, and agree to let an impartial, professionally-trained arbitrator make a decision that will end the dispute1. In most cases, once the arbitrator hears the evidence, he or she hands down a binding decision. There is, however, also non-binding arbitration where the disputing parties put their case before an impartial third party who renders an opinion or recommendation, which the parties may choose to accept or not. Alternative Dispute Resolution ("ADR") refers to any means of settling disputes outside of the courtroom2. ADR usually includes arbitration, mediation, early neutral evaluation, and conciliation. As rapidly increasing court queues, rising costs of litigation, and time delays continue to affect litigants, more states have begun experimenting with ADR programs. Some of these programs are voluntary; others are mandatory. The two most common forms of ADR are 'arbitration' and 'mediation'. Arbitration is a simplified version of a trial involving no discovery and