Peaceful Settlement of International Disputes
Running Head: PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES Peaceful Settlement of International Disputes [Name of the writer] [Name of the institution] Peaceful Settlement of International Disputes Thi? p?p?r id?ntifi?? v?ri?u? duti?? ?f c??p?r?ti?n b?th in p?litic?l ?nd l?g?l ??ttl?m?nt ?tr?t?gi??. ? g?n?r?l, cu?t?m?ry l?w-b???d duty ?f c??p?r?ti?n with ? vi?w t? ??ttl?m?nt, c?mpri?ing ? duty t? n?g?ti?t?, i? inh?r?nt in th? ?blig?ti?n t? ??ttl? di?put?? p??c?fully. ?n th? ?th?r h?nd, ? g?n?r?l 'p?litic?l ?xh?u?ti?n d?ctrin?' d??? n?t ?xi?t. In dipl?m?tic third p?rty-b???d ??ttl?m?nt, w? find ?p?cific, i.?. pr?c?dur?l, ?blig?ti?n? ?f c??p?r?ti?n. With r?g?rd t? ?djudic?ti?n, th? ?v?luti?n ?f tr??ty l?w h?? ???n th? c??p?r?ti?n?l ?ct ?f ?ubmi??i?n giv?n ?t ?n incr???ingly ??rly ?t?g?. Th? d?ctrin? ?f n?n-fru?tr?ti?n ?f ?djudic?ti?n functi?n? ?? ? c?r?ll?ry t? th? duti?? ?f c??p?r?ti?n. In int?rn?ti?n?l crimin?l ju?tic?, m?nif?ld duti?? ?f c??p?r?ti?n ?r? binding ?rg? ?mn?? p?rt??. Th? c??p?r?ti?n?l duti?? ?r? pl?c?d in th? c?nt?xt ?f tw? ?nt?g?ni?tic tr?nd? in di?put? ??ttl?m?nt. ?n? i? th? ri?? ?f ?djudic?ti?n which i? f?und, f?r in?t?nc?, in th? cr??ti?n ?f n?w c?urt?. ?n th? ?th?r h?nd, n?w ?nd v?ri?d p?litic?l m??n? ?r? r???rt?d t?, ?nd ju?tifi?d by n?v?l ?rgum?nt?, ?uch ?? ?lt?rn?tiv? di?put? r???luti?n (?DR). Th? int?rn?ti?n?l l?w ?f di?put? ??ttl?m?nt m?y b?
Restorative Justice and Serious Crime
RESTORATIVE JUSTICE & SERIOUS CRIME I INTRODUCTION 'An eye for eye only ends up making the whole world blind... ...we win justice quickest by rendering justice to the other party'1 Since the emergence of Restorative Justice (RJ), many critics have argued its use is inappropriate for serious crime,2 asserting it to be too 'soft' on criminals, and fails to deter crime by sending the wrong message to potential perpetrators.3 However, such arguments ignore the complexity of issues associated with serious crime,4 not only in how we respond but also in how we perceive crime and the people involved.5 Addressing the problem of serious crime must entail moving beyond the nescient, 'eye for an eye' approach demanded by the critics,6 who all too readily resort to ineffective 'zero tolerance' policies in response to serious crime issues.7 RJ offers a fresh new approach,8 and this paper will critically examine the viability of such a paradigm shift, and how it might impact on the participants in the process. II WHAT ARE WE TRYING TO ACHIEVE IN CRIMINAL JUSTICE? Examination of RJ principles in application to serious crime first requires identification of the key objectives of justice.9 The key goals of justice are reflected in the NSW Attorney-General's 'Role' and 'Vision' statements,10 and are to '[p]rovide a just and safe society through the reduction of crime, protection of
Party autonomy and mediation
Party autonomy in mediation: why do Chinese parties appear to be reluctant to exercise "autonomy"? Contents Abstract p 2 . Introduction p 3 2. Definitions: mediation and party autonomy p 4 3. Party autonomy - a three-dimensional matrix p6 3.1 Informed choice and autonomy p 7 3.2 Justice and autonomy p 8 3.3 Mediator advice and autonomy p 9 3.4 Proactive and reactive autonomy and autonomy quotients p 11 3.5 Mediation contexts and autonomy p 14 4. Perceptions of mediation practice in mainland China p 16 5. Why do Chinese parties appear to be reluctant to exercise "autonomy"? p 20 6. Cultural orientations and autonomy quotients p 21 7. Implications for mediator training, assessment and code of conduct p 25 Party autonomy in mediation: why do Chinese parties appear to be reluctant to exercise "autonomy"? Abstract This paper aims to examine the notion of party autonomy and what it entails in mediation in the Western context and discuss its relationship with Chinese political legacies and cultural orientations. Party here refers to the parties in a mediation. I will first define mediation in the Anglo-American tradition, particularly the elements in the mediation process that characterize party autonomy. A distinction will be made between party autonomy in
If the public interest immunity was originally confined to such high affairs of state, it is certain that it is no longer so confined, and lesser areas of public interest have been identified, some of which must give way to the public interes
EVIDENCE- LAWCL3077 Question 2: "If the public interest immunity was originally confined to such high affairs of state, it is certain that it is no longer so confined, and lesser areas of public interest have been identified, some of which must give way to the public interest in the administration of justice which requires disclosure." (Murphy, P (2005), Murphy On Evidence, Oxford University Press at page 409) Critically assess the above assertion by reference to decided cases. A party to litigation has an obvious interest in the admission of any item of evidence, which supports his/her own case or defeats that of his/her opponent. Such an interest coincides with a public interest that justice should be done between litigants by the reception of all relevant evidence.1 The public interest in efficient and fair trials may also be seen as underlying the rules of disclosure in civil litigation, whereby a litigant is obliged to make pre-trial disclosure of, inter alia, the documents on which s/he relies and the documents which adversely affect, or support, another party's case, even though such documents may not be admissible evidence at the trial.2 There is also a public interest, however, in enabling material to be withheld where its disclosure would harm the nation or the public service. Where these two kinds of public interest clash and the latter prevails over the
SCHOOL BULLYING & RESTORATIVE JUSTICE: THE LEGAL ISSUES FOR GOVERNMENT SCHOOLS
SCHOOL BULLYING & RESTORATIVE JUSTICE: THE LEGAL ISSUES FOR GOVERNMENT SCHOOLS Education has for its object the formation of character.1 I INTRODUCTION Childhood and schooling is recognized as a crucial period in a person's life for the 'formation of character',2 with both positive and negative experiences influencing a child's development well into adult life.3 School bullying is now recognized as one of the most potentially harmful experiences children may face during this highly vulnerable period.4 Traditionally, bullying in schools (and society in general) was ignored, condoned or even encouraged, with little support or management for victims and bullies.5 In the 1970's momentum gathered within education for a more proactive approach to school bullying,6 in response to a greater understanding of its effects and also the threat of detrimental civil action against the schools by victims of bullies.7 However, schools and staff largely adopted punitive methods to manage incidents of school bullying,8 including suspension and expulsion which are supported legislatively in all Australian jurisdictions except South Australia.9 Increasingly, restorative practices have been recognized as providing a more effective solution to the problem of bullying in schools,10 but the transition from a punitive to non-punitive paradigm faces a number of legal (and social) barriers
law of property
Q1. a) A transfers property 1 to B and orally instructs B to hold the property on trust for C. b) A makes a will leaving property 2 to C in full confidence that C will hold it on trust to be used to provide accommodations for four persons as seen in her absolute discussion things are most deserving. c) The will also provide that B should be able to choose one from the bulk of any other properties to occupy for the rest of his life. Answer According to the question above A transfers property 1 to B and orally instructs B to hold the property on trust for C, the trustee is seeking to rely on the formality requirement of the conveyance to possess the property. The court will intervene and uphold the trust. In Rochefoulcauld v Boustead Lindley LJ stated, "It is a fraud on the part of a person to whom the land is conveyed as a trustee, and who knows it was so conveyed, to deny the trust and the land himself. Consequently, notwithstanding the statute, it is competent for a person claiming land conveyed to another to prove by parole evidence that it was so conveyed upon trust for the claimant and that the guarantee, knowing the facts, is denying the trust and relying upon the form of conveyance and the statute, in order to keep the land himself." The principle invoked in Rouhefoulcauld is that "Equity will not permit a statute to be used as an instrument of fraud". Thus the
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
Competition Law
Contents . Prologue 2. Distribution agreement made between Actual and Hampton 2.1. The fundamentals of EC competition policy and law 2.2. Article 81 of TEC and vertical agreements 2.3. The block exemption regulation 2.3.1. The hardcore restrictions 2.3.2. The 30% market share cap 2.3.3. The conditions of Article 5 of BER 2.4 Conclusion 3. Conditions under EU law upon which the Commission can investigate Mr Stone at his home 3.1 Powers provided by Regulation 1/2003 and relevant case law 3.1.1. Investigations under 1/2003 3.1.2. Requests for information 3.1.3. Powers of inspection and take statements 3.1.4. Power to inspect other premises 3.2 Limitations on powers of investigation established under EC law 3.3 Conclusion __________________________________________ . Prologue The assignment question divides into two parts. The first part is to advise Mr. Weather1 whether Actual Limited2 has any grounds under EU competition law to challenge the provisions of distribution agreement3 made between Hampton and Actual. The second part is to advise Weather of the conditions under EU law upon which the European Commission can investigate Mr. Stone4 at his home. It is proposed to organize the discursive analysis as noted in the contents above in order to logically structure and discuss the main legal opinions and issues respecting to the distribution agreement and
As opposed to a test which focuses on whether a publication is likely to deprave and corrupt(TM), the law should instead focus on the wider harm pornography causes to women and society.(TM) Critically analyse t
GENDER AND THE LAW - LAWLT3014 Question 3: 'As opposed to a test which focuses on whether a publication is likely to 'deprave and corrupt', the law should instead focus on the wider harm pornography causes to women and society.' Critically analyse this statement. The 1960's were hailed as a new era of freedom and sexual liberation following publication of explicit sexual material. Although pornography was defended as a form of free speech and sexual liberation, it was bitterly condemned by figures such as Lord Langford and Mary Whitehouse, as well as the church for being immoral, unchristian and anti-family. The consumption of pornography or the participation in its production and distribution has always been regarded as sinful and thus harmful to the soul and our eternal salvation. This has been the Universal teaching of the Catholic Church.1 This opinion seems congruous in other religious teachings also.2 Moralists agree that our conscience calls us to be chaste, a personal moral virtue. Pornography also violates Public Morality since universally the people of the various countries have legislated against it as an evil. For example, the United States Federal Government and the States in the Union have extensive laws against obscenity. It is obvious that those who violate the laws on obscenity and material harmful to minors and indecency in broadcasting violate
Company Law and Insolvency
Contents . Synopsis 2. Overview of limited liability 2.1. Historical background of limited liability 2.2. A glimpse of EC law and UK insolvency law 2.3. Digress: a brief note of economic and social justification and criticism 3. Arguments for and against limited liability - a legal perspective 3.1 Arguments under company law 3.1.1. Foundational issues - the nature of legal personality and lifting the veil of incorporation 3.1.2. Constitutional issues - the ultra vires doctrine and Turquand's rule 3.1.3. Constitutional issues - Directors' duties and the protection of minority shareholders 3.1.4. Constitutional issues - corporate governance 3.2 Arguments under insolvency law 4. Summary __________________________________________ . Synopsis The question requires a critical discussion in light of recent corporate failures of the statement by Michael Schluter1, whereby he asserts if the legal institution of limited liability is morally wrong, it will be worth our while to modify or even remove it completely2. The question also asks the extent I agree with the statement that limited liability should be modified and/or abolished. It is proposed to structure the discussion as noted in the contents above in order to enumerate and discuss the main legal reasons for/against the limited liability concluding with a summary of the critical points at the end of the