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M13 Comparative Law in a Global development Context - Essay Example

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The promotion and securing of peaceful dispute settlement is typically one of the most critical, although difficult, objectives of the international legal system. The fundamental principles as well as methods, which govern the settlement of such disputes today, especially…
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M13 Comparative Law in a Global development Context
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Download file to see previous pages Legal systems within the national levels and the lawyers as well as the judges administering such legal systems seem to be destined to interact with unfamiliar legal systems within national, regional, and super-national levels/nature in various ways that are typically multi-faceted. The associated trends and the resulting developments are therefore found to exert a significant effect on the legal environments in any region. There is thus the need for traditional doctrinal curriculum to create a balance through offerings, which would enhance young lawyers’ perspectives by instilling the practical appreciation of the prevailing comparative issues in them. This paper specifically identifies the various issues within the context of comparative methods of dispute settlement in a Global Development Context.
Usually, any parties to a given dispute are under the duty of settling the dispute peacefully according to Article 2 of the UN Charter. The parties are expected to remain in principle for the dispute settlement. The parties are also free to make decisions on particular dispute settlement means that they prefer, especially in the absence of a specific treaty obligation according to Article 33 of the UN Charter. All settlements in this category depends inevitably on the parties’ agreement. In this regard, international dispute settlements are accompanied by inherent tensions between the legal duties to peaceful dispute settlements and the absence of real and compulsory mechanism for rendering such obligate effective. According to Menski, in Örücü and Nelken (2007:213), “Non-European informal methods of dispute settlement might resemble healing rituals rather than legal processes, but they are just as powerful as formal legal mechanisms.” This assertion is certainly true to a great extent since the settlement of disputes covers a wide range of settlement devices.
Typically, there is a complex relationship between law and religion and that is why the ...Download file to see next pagesRead More
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