Analysis & Comments on Arbital Awards.
Analysis & Comments on Arbital Awards Introduction: In the following presentation I will present a selection of arbitral awards issued by the French Arbitral Tribunal and comment on the clauses of these awards by showing similar legal clauses in the Kuwaiti Arbitral Tribunal, in both normal arbitration and judicial arbitration. In addition, I will demonstrate the differences between the two laws and how the respective legislators dealt with the issues regarding the arbitral proceedings. This will clarify for the reader the positive and negative aspects in dealing with the arbitration process in all areas. Thereafter, I will make suggestions to cover some of the deficits or failures in the two laws. This type of comparison study reveals the positive and negative aspects of the Kuwaiti arbitration law as a research subject. As mentioned previously, the presentation of the positive and negative aspects of a theory and assuring its occurrence and success in practical application in the legal field, cannot be achieved successfully until other, similar theories are presented which show the disparate and different aspects between them and the effects of one on the other in achieving efficiency in the arbitration system. An individual cannot ascertain whether he has in practice made significant and tangible progress until he is challenged by another party on the competence of
Examine the connection between crime and drug use, indicating which criminological theories best assist our understanding of drug related crimes.
Examine the connection between crime and drug use, indicating which criminological theories best assist our understanding of drug related crimes. Drugs and crime are of concern to all communities, particularly drug possession, manufacture and trafficking, the involvement of criminal syndicates in the drugs trade, the acquisitive crime committed by drug misusing offenders to feed their habits, and the anti-social behaviour and feeling of menace that the drug culture generates within neighbourhoods. Many police forces estimate that around half of all recorded crime has some drug related element to it, whether in terms of individual consumption or supply of drugs, or the consequent impact of it on criminal behaviour.1 This essay will seek to examine the connection between drugs and crime. It will aim to define what a 'drug' is, the extent to drug use among offenders, the volume of crime committed in order to obtain drugs, or feed drug habits and also the sorts of crimes committees using drugs as an aid e.g. date rape. The use of illegal and legal drugs will be looked at in their connection to crime. This essay will concentrate mainly upon the problem of drug use in relation to crime in the UK, with an occasional consideration of the problem in the USA. It will also indicate which criminological theories best assist our understanding of drug related crimes. Initially, we will
International Human Rights Laws - North Korea.
INTRODUCTION In the eyes of many, North Korea has various human rights problems. The largest issue that the North Korean people face is the shortage of food. Many North Koreans starve each year due to this shortage. This issue causes many people to flee to other countries in search of food or better living conditions. This is the second human rights problem area in North Korea: the problem of refugees and human trafficking. Finally, and inextricably related to the first two problems, are the prison camps in North Korea. Initially, this paper will address the relevant international human rights laws. Next, the social and political background of North Korea, including the government regime and political leader, General Secretary Kim Jong Il will be discussed. The most relevant North Korean laws will be evaluated throughout the paper where most relevant, rather than in one section, to show for what reasons citizens may be imprisoned and the punishment they face for fleeing, or even attempting to flee, North Korea. Next, the problems of food shortages, refugees and human trafficking will be discussed. A detailed description of the prison camps and inhumane treatment and torture of the prisoners will follow. These camps and the plight of North Korean citizens is, to a certain extent, an issue of worldwide concern. Finally, possible remedies that North Korea itself
achieving justice in respect to issues of Morality such as Abortion and Euthanasia is merely impossible. In a society that is as diverse as Australia, being able to reflect the whole of societys morals and values would be impracticable and unachievable
Morality can be defined as the conformity to the rules of the right conduct or a doctrine system of morals. There are two types of morality; private and public morality. Public morality is what the entire society as a whole considers being right or wrong. Private morality is what one person considers being right or wrong. Morals are influenced by many factors such as upbringing, cultural and religious factors. Consequently with a society as diverse as Australia there will always be conflicting morals, as there will be some inconsistency within some individuals private and society's public morality. Law is said to reflect public morality, and so it would be merely impossible for law to be able to address everyone's morals accordingly. It can accurately be alleged that law and Morals go together hand in hand; law without morals would result in anarchy. As deduced by Lord Delvin in his essay entitled "Morals and the Criminal Law" "Society means a community of ideas; without shared ideas on politics, morals and ethics, no society can exist. Each one of us has ideas about what is good and what is evil, they cannot be kept private from the society in which we live. If men and women try to create a society in which there is no fundamental agreement about good and evil, they will fail; if, having based it on common agreement, the agreement goes, the society will disintegrate." It
Federal Constitution
Advise Nigel: (a) Whether there is any possible basis for a constitutional challenge to the Carbon Pollution Reduction Act (Cth) and if so, what Leather Forever Pty Ltd's prospects of success are likely to be; Is the CPRA within a constitutional head of power? Trade and Commerce powers, s51(i) Section 51(i) of the Constitutioni enables the Commonwealth both to regulate and to participate in trade and commerce with other countries and among states.ii Accordingly, there is no incidental or express powers to deal with intrastate trade and commerce.iii The greenhouse gas emission, carbon dioxide, is a subject matter within the proximity of s 51(i) as it a legitimate concern to the Commonwealth.iv As such, the by-product is covered in the trade and commerce power between countries and among states. Corporations powers, s51(xx) Alternatively, the validity of the Carbon Pollution Reduction Act may be challenged should it not have been made within the "Corporations power" as stipulated in s51(xx). The issue upon contention is whether greenhouse gas emissions lie in the boundaries of the business functions, activities or relationships of the corporations. The corporations power to legislate for the wide range of activities of the corporations covered is construed.v The management and alterations that must be made as a result of monitoring excessive manufacturing by-products
"Crime occurs when societies do not provide the institutional means necessary to secure socially desirable goals" Does this statement adequately explain the persistence of crime in western societies?
"Crime occurs when societies do not provide the institutional means necessary to secure socially desirable goals" Does this statement adequately explain the persistence of crime in western societies? Crime is a problem that affects both societies and social groups cross culturally and across the world. It is a form on anti social behaviour that often leads to the detriment of another individual through no fault of their own. The persistence of crime has been and continues to be a problem in every culture. It is clear that throughout history, societies have struggled toward forward progress in many areas, crime prevention being among them. In general, Western societies have been viewed as the most advanced in making improvements for individual opportunity and upward movement along the socio-economic ladder. Why does crime then continue to be the problem that it is? In this essay, I will explore how leading theorists have explained this phenomenon through the ideas of: Opportunity Costs, The Fractured Family, Crime and the Culture of Consumption and Unfair Employer Screening. In the view of many, there is a sort of rational thinking that takes place among criminals. This is to say that a large number of crimes are committed in light of a deliberate calculation of a number of factors that may make illegal activities more beneficial than legal ones in a particular society
"I keep six honest working men, they taught me all I know, their names are WHAT, WHY and WHEN, and HOW and WHERE and WHO" Rudyard Kipling.
"I keep six honest working men, They taught me all I know, Their names are WHAT, WHY and WHEN, And HOW and WHERE and WHO" Rudyard Kipling This week, the Times reported that the Damilola Taylor murder trial had collapsed due to a witness's inconsistent evidence. "Bromley", a 14-year-old girl gave fallacious evidence to the police during interviews and statements. This was exposed during the hearing, April 2002 when the prosecution could not test the strength of the information recalled by "Bromley" of the tragic crime. Techniques administered by the police when investigating and actually interviewing have been attributed to this. The police interview is a necessary part of the procedure in the British justice system as the accused is either prosecuted or releases based on the information gathered. Witness's accounts are needed for evidence and the police investigators collect them. The accounts need to be absolutely accurate for court trials otherwise as in the above-mentioned case it will collapse. Stewart (1985) notes that the majority of previous investigators were trained using the 'who, what, where, when, how and why' questioning technique but found that this does not always give them the quality and rich information required to complete an investigation or police report. The deficiencies in previous police investigation techniques were obvious including
How does this examination of the Prison Medical Service, challenge conventional ideas around the role of the Medical Service Providers in prison?
Criminology Presentation How does this examination of the Prison Medical Service, challenge conventional ideas around the role of the Medical Service Providers in prison? Introduction Prisons before the 19th Century were dreadful places. Sim, J explains how all types of people were locked up together in damp, dirty and unhygienic conditions. Prisons were overcrowded and there were no toilets or washing facilities for the prisoners who were often only in there for petty offenses and if lucky to be able to survive their sentence, end up leaving ill and unhealthy. The bad conditions caused diseases and illnesses to spread, because diet was low and food was poor, prisoners were weak and more susceptible to disease. Reform Already in the 18th Century reformers had recognized that Gaols were cruel unfair and inefficient as pointed out by Sim, J. The work of reformers such as John Howard, Sir George and Elizabeth Fry led to Sir Robert Peel to pass the Gaols Act in 1823 to encourage Gaols to be more secure, more healthy and to separate prisoners by category and gender. It wasn't until 1842 new prisons were starting to be built to enable this new act to be carried out. Prisons did not fully come under the Home Office Control until 1877 therefore conditions and medical provisions were still very poor. The conventional ideas of the Medical Service Providers in the prisons were
![Michael Kirby. Being a great advocator of human rights Kirby was in the dissenting judgment in the case of Al-Kateb v Godwin[7] where the case was about Al-Kateb who was a stateless person, was to be held in a detention centre indefinitely.](https://mbt-essays-prod-public.s3.eu-west-1.amazonaws.com/880386/listing/880386_1.jpg)
Michael Kirby. Being a great advocator of human rights Kirby was in the dissenting judgment in the case of Al-Kateb v Godwin[7] where the case was about Al-Kateb who was a stateless person, was to be held in a detention centre indefinitely.
Michael Kirby The question should be asked whether Michael Kirby is the great dissenter, or does one agree with him and call him 'reactionary'?1 While on the bench it is true Michael Kirby was known as the great dissenter having disagreements in constitutional cases in 2004 at a rate of 52%, which is the highest in the history of the High Court and an average of 40% of dissenting judgments on cases overall.2 Kirby has said that on their on statistics tell little and to understand his rate of dissent it is necessary to to examine what his disagreements have been about and to consider who he has dissented from. He added that 'there have always been divisions ... and different philosophies ....(with) many dissenting opinions have ultimately been adopted as good law'.3 In an interview with Monica Attard4 Kirby stated that he had been hurt being called a 'judicial activist' and that it is 'code language' for being a person who will decide cases in a way that activists don't like. Adding the reason for this is that as a judge he is transparent when making decisions and using principals that are in his case often principles of international human rights law. In order to understand Kirby's rate of dissent, it is necessary to examine what his disagreements have been about and consider who he has dissented from. Kirby explains 'there have always been - 2 - divisions,
The Cyberlaws of Cyberethics and Who Should Regulate Them
The Cyberlaws of Cyberethics and Who Should Regulate Them Rebekah Baer Georgia Tech CS 4001 When you get online what is the first thing you do on the Internet? Most usually check their email and possibly get on Facebook a bit before getting into their real work that needs to be done. However, the Internet can now be used for much more powerful things. We all use billions of different websites for thousands of different reasons. One such reason is research. The type of "research" I'm talking about is on one's neighborhood and the people who live in it. This type of research is to insure safety. Although it can be argued that putting criminals' information on the Internet is a violation of privacy, it is perfectly ethical and legal criminal's personal information to be revealed to the public and for website creators to regulate their sites that reveal said personal records. Imagine for a moment that you and your family live in the quite town of Omaha, Nebraska. From the friendly Midwest, no one would ever suspect such an alarming rate of danger. It is now possible for anyone to go online and see the potential danger lurking in their neighborhood. There exists a website that reveals the locations of sex offenders in your area. This website shows where they live, where they work, what type of sexual crime was committed, and it could even provide a picture of the