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
Law Making - Judicial Precedent.
Module 1 - Law Making Judicial Precedent There are 2 sources of law: - . Common Law - Common assault and battery, Murder 2. Statute Law - An act of parliament OAPA 1861 s47, s20, s18 Theft act 1968 s9 (1) (a) Burglary, "A person is guilty of burglary is he enters any building or part of a building as a trespasser with the intention to commit GBH, Rape, Steal, or Criminal damage" Collins 1972 - Substantial and Effective Brown 1985 - Effective Ryan 1996 - Entry Compared with other legal systems the English legal system relies heavily on judicial precedent. A system of judicial precedent requires 2 basic things: - . A structure of hierarchy of the courts 2. A system of law reporting All courts have to follow decisions made in the HOL All courts except HOL have to follow decisions made in the COA. High court rules bind over lower courts These 3 courts (superior) make binding precedent. This stems from the 1870's. The basic requirements of judicial precedent where met by the English legal system in the 1870's. Cases prior to the 1870's can still create precedent but the system of reporting was some what different to the modern system (M'Naughton, 1843) Binding Judicial Precedent This is a rule of law which must be followed by all inferior courts. E.g. the precedent created in M'Naughton by the HOL sets out the rules of insanity which must be followed by all
Perhaps the most pertinent issue regarding the justification of torture is the ongoing and vibrant debate surrounding the 'tic
For as long as the memory of recorded history reaches, there has been evidence various methods of torture as a means to control populations, extract information or enforce policy. From cutting off hands to thumbscrews or the rack, methods of torture were widely practised and accepted as a norm by states across the globe. It was only with the advent of the enlightenment and eventually culminating in the immediate post-war era following the Second World War that this view of accepting torture changed and many advocated its ban. Through the International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), methods of torture were near universally publicly condemned, yet its subversive practise continued in many countries, including the United States in battling communism.1 However, this changed dramatically with the events of September 11th, 2001 and the subsequent War on Terror waged by the Bush Administration. Torture was suddenly advocated as a lesser of two evils, and the only way to extract relevant information from those willing to die for their cause. Yet the definition of torture as set out in the CAT is specifically worded to protect people from being subjected to abuse in order to relinquish information otherwise not willing to give up.2 Thus it becomes a pertinent question
Legal Positivism - The Pedigree Thesis
Legal Positivism Legal positivism is a conceptual theory emphasizing the conventional nature of law. Its foundation consists in the pedigree thesis and separability thesis, which jointly assert that law is manufactured according to certain social conventions. Also associated with positivism is the view, called the discretion thesis, that judges make new law in deciding cases not falling clearly under a legal rule. As an historical matter, positivism arose in opposition to classical natural law theory, according to which there are necessary moral constraints on the content of law. The word 'positivism' was probably first used to draw attention to the idea that law is "positive" or "posited," as opposed to being "natural" in the sense of being derived from natural law or morality The Pedigree Thesis The pedigree thesis asserts that legal validity is a function of certain social facts. Borrowing heavily from Jeremy Bentham, John Austin argues that the principal distinguishing feature of a legal system is the presence of a sovereign who is habitually obeyed by most people in the society, but not in the habit of obeying any determinate human superior (Austin 1995, p. 166). On Austin's view, a rule is legally valid (i.e., is a law) in a society if only a rule is commanded by the sovereign in society and is backed up with the threat of a sanction. The severity of the threatened
Rickards vs Lothian
RICKARDS v LOTHIAN CATCHWORDS: Action for Negligence - Proximate Cause of Damage - Malicious Act of Third Person - Reasonable Precautions - Overflow of Water from Lavatory in Upper Floor. HEADNOTE: To sustain an action for negligence it must be shewn that the negligence found by the jury is the proximate cause of the damage. Where the proximate cause is the malicious act of a third person against which precautions would have been inoperative, the defendant is not liable in the absence of a finding either that he instigated it or that he ought to have foreseen and provided against it. In an action for damages to property located on the second floor of a building leased to the defendant, through a continuous overflow of water from a lavatory basin on the top floor caused by the water tap having been turned on full and the waste-pipe plugged, the jury found that "this was the malicious act of some person":- Held, (1.) that the defendant was not responsible unless either he instigated the act or the jury had found that he ought reasonably to have prevented it; (2.) that his having on his premises a proper and reasonable supply of water was an ordinary and proper user of his house, and that although he was bound to exercise all reasonable care he was not responsible for damage not due to his own default, whether caused by inevitable accident or the wrongful acts of third
Union Carbide & Bhopal Case
The University of Hong Kong BUSI3012 International and Cross-boundary Trade Law Case Report: Union Carbide and the Bhopal Disaster Chan Chiu Tung Carmen 2008677665 Hung Wing Yan Trista 2008241387 So Kam Ying Heather 2008206832 So Yat Hin Edwin 2008404056 November 30, 2010 Content . Background..............................................Trista Hung 2. Major issues A. Investigation of the cause of the accident... Edwin So B. Litigation setting................................. C. Legal arguments................................. Heather So D. Settlement of the disaster........................ 3. Implications of the disaster.........................Carmen Chan . Background Focus of this paper The case discusses the issues that multinational companies may face as it carries business in the developing world, where legal infrastructure is way under development. Through the study of this case we explore and dissect the dimensions of the legal procedures put forward to the foreign company by a developing country in case of a controversial dispute. We also study the influence and implications of the legal issues involved to suggest for both sides the possible attitude and action needed in any future dispute. The Bhopal Disaster- Introduction The Bhopal Disaster gives us a good view of the potential risk of conducting business in a developing country. The
Unilateral Divorce in Muslim Law
INTRODUCTION The Muslim law of divorce is the logical consequence of the status of marriage. As it regards marriage as an Aqd or a contract, it confers on both the parties to the contract the power of dissolving the tie or relationship under certain specified conditions. Divorce is one of the institutions of Islam regarding which much misconception prevails, so much so that even the Islamic law as administered in the courts, is not free from these misconceptions. Muslim law knows various forms of dissolution of a marriage, at the initiative of the husband, the wife, by mutual agreement, or by judicial process.[1] On Muslim law of divorce in general and the Hanafi law in particular, it can be said that divorce at the instance of the husband is prominent and rather simple. However, this does not mean that divorce is treated as desirable. In fact, there is a much quoted saying of the Prophet to the effect that, of all permitted things, divorce is the most reprehensible.[2] Divorce at the instigation of the wife has often been portrayed as particularly difficult, and this is certainly true for Hanafi Muslim law, which is most restrictive in this regard. But the issue should not be overstated, since the basic principle of Muslim divorce law is that a marital bond which does not function any more should be terminated to avoid further problems.[3] The pre-Islamic law, treating
POLICE AND HUMAN RIGHTS: This project aims to look into the very basic idea of Human Rights with respect to the police processes especially in the case of arrest for this purpose the law of arrest in India will be compared with International Conventions.
CHAPTER 1: INTRODUCTION "Although the courts have not assumed to define 'liberty' with any great precision, that term is not confined to mere freedom from bodily restraint. Liberty under law extends to the full range of conduct, which the individual is free to pursue, and it cannot be restricted except for a proper governmental objective".... Warren. Former Chief Justice of Supreme Court of United States Human Right violations by a law enforcement agency like Police is a universal malady but in a democratic set-up, the operational styles of the public institutions should be geared to respond to the needs of the good governance and that is assured by the special aspect that they draw sustenance from the people's support and elicit public participation in their working. This weight of democratic accountability on the law enforcement agencies must lead towards a consistent and humane environment so that the human rights culture, which is desired by the most, must be positively promoted. Across the world there is a revamping of institutions of Government in the light of the well-recognized human rights standards. Human Rights are inherent in a person by virtue of his/her being a human. They comprise both civil and political rights as well as economic, social and cultural rights. Criminal justice as a vital institution is also reoriented in the same spirit. However, there are
GENERAL INTRODUCTION TO THE PROBATIVE VALUE OF ADMISSIONS IN CRIMINAL CASES IN TANZANIA
TABLE OF CONTENTS CHAPTER ONE GENERAL INTRODUCTION .1 BACKGROUND TO THE PROBLEM ................................. .2 STATEMENT OF THE PROBLEM. .................................. 2 .3 LITERATURE VEVIEW. ................................................ 3 .4 PURPOSE OF THE STUDY ............................................. 5 .5 SIGNIFICANCE OF THE STUDY....................................... 6 .6 HYPOTHESIS ............................................................ 6 .7 RESEARCH METHODOLOGY ........................................ 6 CHAPTER TWO ADMISSION IN CRIMINAL CASES AND THEIR PROBATIVE VALUE 2.1 Introduction.................................................................. 7 2.2 Definition of the term Admission......................................... 8 2.3 Classification of Admissions.............................................. 9 2.4 Condition of Admissions. ................................................. 0 2.5 Persons who can make Admission. ...................................... 1 2.6 To whom Admissions can be made. ...................................... 3 2.7 Admissions Amounting to Confessions .................................. 4 2.4 Conclusion ................................................................... 23 CHAPTER THREE THE PROBTIVE VALUE OF ADMISSIONS 3.1 Introduction
Contract law - Carlill V Carbolic. - House of Lords Appeal case.
CONTRACT LAW. Carlill V Carbolic. - House of Lords Appeal case. The defendants, the proprietors of a medical preparation called "The Carbolic Smoke Ball," issued an advertisement in which they offered to pay 100l. to any person who contracted the influenza after having used one of their smoke balls in a specified manner and for a specified period. The plaintiff on the faith of the advertisement bought one of the balls, and used it in the manner and for the period specified, but nevertheless contracted the influenza:- Held, affirming the decision of Hawkins, J., that the above facts established a contract by the defendants to pay the plaintiff 100l. in the event which had happened; that such contract was neither a contract by way of wagering within 8 & 9 Vict. c. 109, nor a policy within 14 Geo. 3, c. 48, s. 2; and that the plaintiff was entitled to recover. APPEAL from a decision of Hawkins, J.1 The defendants, who were the proprietors and vendors of a medical preparation called "The Carbolic Smoke Ball," inserted in the Pall Mall Gazette of November 13, 1891, and in other newspapers, the following advertisement: "100l. reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza, colds, or any disease caused by taking cold, after having used the ball three times daily for two weeks according to the printed
