WTO Law
Contents . Prologue 2. Overview of relationship between WTO law and domestic law 2.1. Legal theory and principles behind the international trade law 2.1.1. Monism versus Dualism 2.1.2. Legal concept of direct effect 2.2. Anatomy of relationship between WTO law and domestic law existing in contemporary international relations 2.2.1. The WTO Dispute Settlement 2.2.2. The relationship between WTO law, EC law and national law 2.2.3. The problem of giving direct effect to WTO rules in cases of conflict between WTO and EC law 3. Legal analysis and implications 3.1 Position of the EC case law 3.1.1. International Fruit Company 3.1.2. Germany v Council 3.1.3. Biret Cases 3.2 Analysis of the Court's position 4. Summary __________________________________________ . Prologue The question requires a critical analysis of the statement submitted by M. Matsushita et al that EC takes a purely dualistic approach to the WTO law by implementing them through acts of transformation in the domestic legal order of EC and Member States despite they are binding obligations for EC1. It is proposed to organize the discursive analysis as noted in the contents above in order to logically itemize and discuss the main arguments for/against the statement concluding with a summary of the critical points at the end of the analysis. 2. Overview of relationship between WTO law and domestic
Do you think Webers categories of legitimate authority are helpful in understanding what makes the current Australian system of law and government legitimate?
Do you think Weber's categories of legitimate authority are helpful in understanding what makes the current Australian system of law and government legitimate? Introduction Authority, or 'imperative co-ordination' is defined by Weber as the probability that specific commands will be obeyed by a given group of people1. When one person exercises authority or power over another, he invokes a "principle of legitimation" which the subject views as a binding norm2, and every authority rests upon the acceptance of its validity by the person over whom the authority is exercised. Although the authority types exhibit this same general structure, they differ according to their legitimating principle invoked and its justification. This paper shall examine Weber's categories of legitimate authority as applied to the Australian legal system and government, and determine whether they provide any elucidating insights as to the legitimacy of the system. Three Pure Types of Legitimate Authority Weber identified three pure types of authority, each of which is based upon a distinct conception of legitimacy. These three types rarely appear in their pure forms, actual authority structures usually include elements of two or even all three types in varying combinations3. Traditional authority An authority is traditional if its legitimacy is "claimed for it and believed in by sanctity of the
Administrative Take Home Exam
Administrative Law Take Home Exam 2010 Student number: 1161322 Word Count: 1, 499 Decision 1: The Minister for AFF made an order declaring that noni-juice is a 'risk food' and all noni-juice entering Australia must be referred for inspection and refused entry. In accordance with regulation 8(a) of the Imported Food Control Regulations 1993 (Regulations), the Minister is empowered to declare noni-juice as a 'risk food'. Furthermore, regulation 7 allows the Minister to govern all food products that must be referred for inspection. ANFJC have the opportunity to seek review in relation to the Minister's decision. If ANFJC has exhausted all possibilities, other avenues of review are open through the AAHFS as an intervenor. Merits review will not be attainable ss there are no sections specifically providing for it under the Import Food Control Act 1992 (IFC Act). Judicial Review The best option available for judicial review is the Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act). The Federal Court and the Federal Magistrates Court1 have jurisdiction, as the decision is of an administrative character made under an enactment2, whilst it is 'final, operative and determinative'3. This criteria is satisfied as the decision was not listed under schedule 14 and it is in accordance with s35. Under the remote possibility that the ADJR Act is not a
Research Methods. With reference to particular examples of published research, critically evaluate the use made of empirical methods, in contemporary debates on law reform in the area of, contact between children and non-resident parents.
Research Methods: With reference to particular examples of published research, critically evaluate the use made of empirical methods, in contemporary debates on law reform in the area of, contact between children and non-resident parents. I searched for published research on my subject matter using a variety of advanced research methods to search the web. I used a range of different databases to find the literature contained in my bibliography. All the material which I obtained involved empirical methods. Whilst the majority of my items did not consist solely of original research, they all drew together an extensive range of research conducted by others.1 The articles I obtained via these databases where particularly useful as they provided a wide link of information within the same document, bringing together cases, commentary, along with statistical data from various surveys/focus groups. The references contained within the bibliographies of these articles also made me aware of various governmental sources.2 Despite not obtaining any of my items from Lawtel, I found this database significant to my research. Indeed, despite providing minimal amounts of full text material, I could quickly ascertain whether a particular piece of material was going to be useful (by reading the summaries), and I could then find the full text via either Lexis Nexis or Westlaw. However, I could
Gender discrimination is still a prevalent issue within the legal society. Discuss with reference to women
Gender discrimination is still a prevalent issue within the legal society. Discuss with reference to women "Discriminatory behaviours take many forms, but they all involve some form of exclusion or rejection"1. Gender discrimination, also referred to as sex discrimination, is the foundation of a prejudice against someone based solely on their gender resulting in immoral and unjust treatment. Women have been discriminated against by society for centuries, however with reforms such as the Sex Discrimination Act 19192 and Civil Rights Acts 19643 women are treated as uniform with men and have been seen to enter even those fields traditionally stereotyped as "male professions". However, women seeking to pursue a successful career within the legal profession may still encounter this to be a challenging task in terms of acquiring equal opportunities with men to being granted partnership status in private firms and receiving equal salaries. Although such discrepancies should have been eradicated considering the transition to a society with a more liberalised attitude now, there are still reports that indicate women may still be struggling to establish their legal careers. In order to construct a logical reasoning that answers the essay title, the subject of discrimination will be reviewed from history to the present and these factors that represent discrimination will also be
What's wrong with torture?
There can be few issues on which international legal opinion is more clear than on the condemnation of torture. Offenders have been recognised as the "common enemies of mankind".1 Torture is the act of intentionally inflicting severe pain and suffering, physical or mental, on a person for such purposes as obtaining information or a confession, punishing, intimidating or coercing, or for any reason based on discrimination of any kind; inflicted by or at the instigation of or with the consent of a public official or other person acting in an official capacity, excluding torture related to pain arising from lawful sanctions.2 Torture has been received with strong universal condemnation and reprobation world-wide; it is clearly and absolutely prohibited in international law, even in times of wars or national emergency. Under international law, torture enjoys the more elaborate 'jus cogens' status, which means that no derogation is permitted as explained under the Vienna Convention. 3 The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 was concluded to strengthen the international position of repulsion towards torture. In its Article 4, it calls on all States to ensure that all acts of torture are included offences under their domestic criminal laws, including attempts and complicity as well as participation.4 The
Why is defence afforded to a perpetrator of a criminal act whether he is a principal or secondary offender?
Table of Statutes Criminal Law Act 1967 - s3 (1) ... 3 Table of Cases Abdul-Hussain [1999] Crim LR 570 ... 9 Becerra and Cooper (1976) 62 Cr App R 212 ... 12 Davidson [1969] V.R.667 ... 6 Graham [1982] 1 WLR 294 ... 8 Inseal [1992] Crim. L.R. 35 ... 12 Kingston [1933] N.L.J.R. 724 ... 12 O'Flaherty [2004] EWCA Crim 526, [2004] Crim LR 751 ... 12 Re A (Children) (Conjoined Twins: Surgical Separation) [2000] 4 All ER 961 ... 4, 5 Southwark LBC v Williams [1971] Ch 734 ... 5 Sullivan [1983] 2 All ER 673 ... 9 Tandy [1989] 1 All E.R. 267 ... 16 U.S. v Holmes, 26 Fed. Cas. 360 (1842) ... 7 Valderrama-Vega [1985] Crim. L.R. 220 ... 7 Windle [1952] 2 QB 826 ... 10 INTRODUCTION All offences are made up of two elements, that is the actus reus and the mens rea. Under Criminal Law, if the prosecution has been able to prove the actus reus and mens rea of the offence, the defendant may be guilty unless he or she is able to establish a defence.[1] Among all the defences, some are partial defences which do not lead to a complete acquittal, but only reduce the charge for which the defendant is convicted. It is for the prosecution to prove that the defendant was not relying on the defence if a defence is regarded as a denial of actus reus or mens rea. [2] In the theory of criminal law, it is common to distinguish between justification defences and excuse defences. In the
critically the impact of the SOA 2003 upon the offence of rape, with particular reference to the concepts of consent and mens rea.
The Sexual Offences Act 2003 came into force on the 1st May 2004 and was seen as a major overhaul in the sexual offences framework. Following the recommendations of the Home Office Review, Setting the Boundaries (2000)1 and the Government White Paper (2002)2 the Government considered that the existing law on sexual offences was "archaic, incoherent and discriminatory", and that it failed to reflect, "changes in society and social attitudes".3 As a result the 2003 Act was to repeal almost all of the existing statute law in relation to sexual offences and to strengthen and modernise the law on this area. The effect was to widen the category of persons who could be raped and also to widen the definition of what constituted rape, the idea being that the law should set out clearly what was unacceptable behaviour and provide penalties that reflected the seriousness of the crimes committed. Clarification of the law on consent and mens rea were regarded as particularly important, as well as to make the offences as gender-neutral as possible.4 This paper will address the impact that the Sexual Offences Act 2003 has had upon the concepts of consent and mens rea and also the criticisms it faced. Before delving straight into the new law as set out in the SOA 2003, it is first essential to clarify the old law on rape and to establish how and why the law on rape needed to be reformed.
Arbitration Law in Ireland
Arbitration Law Ireland plc Solicitors 23 DCU St. Co. Dublin Dear Michael, Your present case is not an uncommon one and it encompasses the characteristics of a classic contractual dispute. However in a quarrel such as this one, where the contract in question includes an arbitration clause, further differences will invariably arise over the appropriate means of resolving the dispute. Since the establishment of the 1954 and 1980 Arbitration Acts, the courts have exhibited a predominantly favourable attitude toward applications to stay legal proceedings pending arbitration. Recent history suggests that arbitration has advanced as a preferred alternative to litigation, as it merges procedural elasticity with binding resolutions and can be monitored by the courts.1 Arbitration allows parties to engage in a somewhat more cost-effective process where they can dictate the parameters of the investigation to be carried out by an independent adjudicator.2 In this correspondence I will enlighten you as to the likelihood of an application to stay any legal proceedings being granted to you by the courts. I will analyse the legislation and explore the relevant domestic and international case-law that illustrates the courts' regular reluctance to intervene in the arbitration process and how such a method of alternative dispute resolution has been outwardly encouraged by the judiciary.
Refugee Status
"The definition of refugee status contained in the 1951 convention, widely adopted and applied by states was drafted in a specific historical context. It is a limited conception of the refugee which is at variance with the reality of modern forced migration" (Harvey Seeking Asylum in the UK) Consider this statement and reflect upon the extent to which you agree or disagree with it. What do you believe to be the implications of and solution(s) (if any) to the displacement between 'law' and 'social reality' perceived by Harvey. The definition of the refugee status contained in the 1951 convention as defined by Harvey is a 'limited conception of the refugee' because it is drafted in a 'specific historical context,' and does not conform to the reality of modern forced migration. The identification of a 'refugee' has a focal requirement of fear in the definition of migration found in Article 1A of the refugee convention. It says that a 'refugee' is a person who: owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside his country of nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence...is unable or, owing to