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Law Essay

International Law: National intergrity, sovereignty, UNSC resolution 5313 (2011), self determination, UN chapter V11, humanitarian, self-defence.
Thus, power must be granted to the people through peaceful means. “Any attempt aimed at partial or total disruption of the national unity and territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations.These major pointers are fundamental elements of international law. And these laws define and grant legitimacy to nations and states. The first article of this Resolution indicates that it is illegal for a group of people to be
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International criminal law (case study) The Nuremberg main trial
The indictment convicted them with four violations: ‘(1) common plan or conspiracy, (2) crimes against peace, (3) war crimes, and (4) crimes against humanity.The scholars of the Nuremberg Trials claimed that it is crucial to impugn the guiltiest offenders for conniving to pursue the Nazi persecution of the Jews and other acts of violence. Nevertheless, it was not a war misdeed for the nation to perpetrate acts of violence against its own people.6 For that reason, “[t]he American motives for
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In this modern day and age, it is arguable that changes to traditional employment patterns and the growth of what might be called atypical work, strengthen the case for extending statutory employment patterns and the growth of what might be call
The employer who utilises these atypical labourers has the advantage of having a labour force that is highly vulnerable, therefore, easy to manipulate in his/her favour. The employer in this case is able to escape many obligations in the form of collective bargaining or even legislation. This sorry state of affairs thus brings up the urgency to grant these employees statutory rights.In some countries like England, there have been steps towards the granting of a level of protection to the
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IELD LAW
As a consequence, I can conclude that Sachs also agrees that law plays a vital role in economic development and should therefore be taken seriously because it is a tool for promoting and enhancing economic development.In his book the Bottom Billion: Why the Poorest Countries are Failing and what can be done about it, Collier (65) argues that “governance and bad policies help to shape economic performance, but that there is a proportionality in the effects of getting them right or wrong”.
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In the UK, parliament bears the primary responsibility to make laws. However, other arms of government, that is the executive and judiciary contribute to law making. Discuss
Another limit on the doctrine of Parliamentary Sovereignty is the existence and recognition of human rights by the UK government. The Human Rights Act of 1998 makes it illegal for laws which are against the rights of individuals to be upheld by the courts5.The doctrine of Separation of Powers refers to a sitaution where power and authority in a given nation is not concentrated in a single institution of governance but spread across different institutions with the opportunity for checks and
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International law
Permanent Court of International Justice, and further specified under Article 38(1) of the 1948 provisions on the International Court of Justice (ICJ) (Malanczuk, 1997).Article 38(1) is acknowledged to be the most encompassing provision indicating the sources of international law (Koskenniemi, 2000). This article calls for the International Court to use international conventions which are expressly acknowledged by other states and international customs as general practices supported by the
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Identify the different sources of international law. To what extent have international treaties affected the development of international business law?
Other sources of international law that recognizes international organization role include resolutions and actions of international governmental organizations like United Nations. Such organizations are also recognized as evidence or sources of international law (Aust 5).The European Union laws have been categorized depending on the sources. The laws grouped under primary sources include; Treaty Articles, Treaty of Lisbon, and Treaty of the European Union. Those categorized under secondary
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International law moot
It will also be argued that since, Rocky is a family member of an ambassador diplomatic immunity under the 1963 Convention applies to him.Utopia’s response will rely on the UN Declaration on Friendly Relations which effectively expands state responsibilities under the UN Charter. In this regard, the relevant part of the UN Declaration on Friendly Relations reads as follows:Every State has the duty to refrain from organizing, instigating, assisting or participating in acts of civil strife or
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It took a long time, but there is now a good standard of protection against unfair standard contract terms imposed by one party on the other. Critically assess this statement in the light of the common law and statutory rules on unfair terms and
The lack of fair standard terms in contact law would complicate the issue, since clear rules guiding the promise such as the conduct of both parties was lacking.In the ancient English law, the then primitive society continued to employ notions of issues to do with property instead of a pledge (Gretchen 2000, p. In the society’s ancient forms of transactions involving informal contracts, familial connections helped in securing the credit in as much the same way as when a community or an ethnic
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International business environment and trade
Another hindrance to the trade laws harmonization is the existence of technical conflicts between the states that exercise the civil laws and those that exercise the common law. These conflicts make it very difficult for these states to come up with common laws that can govern their trade operations, therefore, hindering harmonization aspect (Zheng 1995, p.One of the main differences in the legal aspect that have been recorded includes the difference in the contract system. There are
Pages: 9 (2250 words), Essay
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Identify theories and quantitative, qualitative, and mixed method designs Homeland Security
For these theories are that according to the contingency theory, there is no best way with which an organization or a corporation can be organized within any class of behavioral theory. There is usually no specific way with which a company can be appropriately led or decisions can be made in a sure way. It states that the method that is ultimately employed is contingent since it mainly depends on the internal and external circumstances. As such, a contingent leader is that who applies their own
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International refugee law
In essence, refugees in less developed countries are often socially marginalized, detained, left physically at risk and even denied the capability of meeting their most basic needs.Individuals who are forced to run away from their country due to the fear of persecution, whether as part of a group or on an individual basis due to religious, military, political or any other reason are regarded as refugees. The meaning of a refugee has varied according to place and time, but the increase in the
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Intellectual Property
Titles, colors, names, and short phrases are not normally put into consideration as unique or ample and extensive enough to be taken into consideration, though designs such as a logo, which combines these features may be covered. In other words, works that prompt anotion may be secured and protected, but the idea behind that work may not.Commissioned or freelance work generallygoes to the author, unless there is a contract, which is an agreement for the service. Similarto any otheradditional
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Intellectual Property
Consumers may not want to purchase products which have been authorised by artists, but they will rather purchase products with pictures on them because they love the look of it.One of the key factors that persuaded Mr Justice Birss to pass a ruling in favour of Rihanna was that Topshop, the fashion retailer, had engaged in promotional efforts involving Rihanna. For instance, there was a competition, in which the entrants could win a personal shopping appointment with Rihanna in 2010.6 Also,
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Is the purpose of prisons to punish criminals, or to help them?
Efforts of rehabilitation seek to convert criminals to better citizens who have the potential to contribute positively to the success of the society. After the effective transformation, then prisons can release the transformed criminals back to the society (Bierschbach & Bibas 2013, p. After release into the society, there is the need for positive reintegration by the other members of the society.Governments that focus on rehabilitating criminals usually institute effective programs that foster
Pages: 7 (1750 words), Essay
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Identify the key elements which allows precedents to work in English court
This court does not generally recognize the doctrine of precedent and has the freedom to depart from its own earlier decision. But the decisions from the European Court of Justice are bound to all courts in England & Wales.The Supreme Court replaced the House of Lords on 1st October 2009. The jurisdictions of the Supreme Court are same as that of the House of Lords and the Justices of the Supreme Court will take up the offices of the Law Lords. There was time when the House of Lords was
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International Trade and Finance Law
As such, improvements of regulations in countries of origin for products and non-duty hindrances would have generated better outcomes to LDCs, considering that these are the hindrances to free market access. After one-decade-and a half of service waiver occasioned by WTO members providing preferential market opportunities on service business to the underdeveloped world without having to affect the position of their developed partners was passed in 2011 by WTO Ministerial Conference held in
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IIntroduction to Research in Law and Society Foundations
At the same time, where no specific law exist, the judiciary is at liberty to make law responsive to the case.8 From this perspective, judges are not merely stating what the law is, but are instead, declaring the law.The emphasis on the judiciary’s power to make law is based on the legal realist’s perspective that law is flexible and responds to changes in society over time. Law in this regard, is one of several institutions ‘in society that is shaped by social forces and needs.’10
Pages: 11 (2750 words), Essay
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Implied trust - land law
As embraced, outcomes of cases are expected to be in line with earlier judicial precedents to create certainty and soberness in the application of these laws. Application of such external factors e. emotions may lead totally to different and unreliable outcomes.The courts first instance is usually to establish whether there was an existing express agreement between the parties as to the beneficial interests in their joint property. Notably, if such an express agreement exists it must have been
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Islamic law
Yemen and Pakistan have also failed to introduce legal safeguards to ensure that child marriage is eliminated and the rights of women in the Muslim countries are eliminated. For example, more than a quarter of girls get married before they reach the age of 15, a situation that has affected the development of women in the country7. Most of the women in the country who were married at a younger age face pregnancy complications and birth issues due to their underdeveloped genitals. A number of
Pages: 6 (1500 words), Essay
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