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Modern-day international trade laws are created with the objective of enabling fair competition in the global market. The laws seek to create the ability for all countries to venture into global trade competition. These objectives have led to the creation of fewer traffic barriers, industry product safety standards, telecommunication regulations and intellectual property laws.
This study examines the use of Command and Control (CAC) in the enforcement of environmental regulations and various styles of enforcement. Environmental command and control is the traditional approach for regulating environmental pollution and the most common method across industrialized countries (Abbot, 2009).
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Covert medication is the practice of medicating patients without their knowledge. This is usually done by hiding the medicine in food or beverages, crushing tablets, or giving liquid medicine to patients who are not in a position to give consent. Covert medicines are usually prescribed to patients who are not willing to take medicine by themselves.
Generally, it is true that when inmates have too much time on their hand's problems tend to fester. Prisoners often spend much of their time inactive throughout their sentences. They are subject to neglect thus remaining idle and are tempted to involve themselves in narcotics abuse and other social evils.
Criminal liability is the legal responsibility that an individual must bear for an omission or an act (Cassese 2013, 89). Morris (2001, 90) defined criminal liability as the liability for which the actus reus committed by the men's rea may require minimal proof. According to Epstein (1980, 56), the most significant elements considered in the offense are intention and recklessness.
‘Civil and political rights’ govern and provide various rights to ensure maximum protection of inhabitants from any breach or violation by governments, social organizations as well as others and provided them the rights to take part in politics as well as civil life in society and state irrespective of any discrimination or subjugation.
This essay intends to investigate the mafia in Italy and the United States of America. First, the essay studies how organized the mafia in Italy is. It is followed by an examination of how organized the mafia in the United States of America is. Next, the two mafia structures between Italy and the United States of America were examined for their similarities and differences in a comparative study.
The broad interpretation of the terms by the different conventions and the complex technologies, which circumvent the rights of the copyright holders, pose a major threat to copyright protection in the context of the internet. This dissertation discusses the various infringements of the copyright law in the domain of the Internet.
I agree with Kerr (1998) that ethical business conduct practically affects everyone. I further believe that it is each individual’s social responsibility that should be taken seriously. It must be remembered that every employee, may they be the lowest clerk or the CEO, is part and parcel of a company whose ethical culture would ultimately impact its shareholders and the customers in general.
Any business conduct that seeks illegal ways to compete with rivals can be defined as anti-competitive conduct. Price or wage gouging are some examples of anti-competitive conduct carried out in a business scenario. Anti-competitive conduct is usually conducted by large businesses to establish their position in the market and to make sure that no small businesses or other competitors are able to thrive in the market.
The tort carries a number of elements that must concur, one should therefore prove that there was; some wrongful acts or omission by the defendant, and legal damage to the plaintiff whereby some of his legal rights is violated, the wrongful act must be of such a nature as to give rise to a legal remedy in the form of an action for damages.
Racial discrimination has long been a problem in social history. Discrimination against ethnic minorities has been a controversial issue and existed in society and workplaces for many years. The implementation of ethnic monitoring and positive discrimination in employment has increased the number of ethnic employees and gone a long way to mend the bridge of inequality which has burdened society for a long time.
Controversy surrounds the connection between incivility, crime, and fear of crime contained in the article of Wilson and Kelling (1982) as it argues that there is a linear relationship between crime and neighborhood decline. Fear of crime has come to be regarded as a predicament in its own right since the impact of crime and disorder in communities can destabilize the conception of well-built communities.
Generally speaking, the institute of medicine, over a long time has been heavily guarded by the institution of law. Of that, the main component that still regulates the doctor-patient relationship is the matter of confidentiality- the trust and mutual respect the doctor and patient carry for each other.
At present, there is a serious lack of direction about the future of building control – and there is no undisputed and clear vision of the future in terms of what exactly building control stands for and also what it's not for, knowledge about the responsibilities and roles assigned to the different groups within it and how the system should run.
Internet cookies are fairly simple and they have established a hold on the media with the debate still raging on the need for cookies and how to curb the use of cookies. The debate has been also raised on how cookie has been affecting internet privacy. It is on these backgrounds that the article is being written.
Community sentences form one of the most commonly used penalties by law courts in the UK and have witnessed exceptional growth in their use in the past two decades. According to Kaye (2010,p 11), not only are community sentences far more than common disposals but are also more readily applied presently than in the years prior to 1990.
All through the phase of maritime regulation, governments set rules and regulations for sea carriers' entry into and exit from particular markets. Assuming that the incumbent shipping companies made economic profits while they were regulated, what impact, if any, did the government's regulation of routes have upon the sea carrier's ability to make profits?
Crime prevention refers to the effort to reduce victimization and deter criminals and criminal activities. The term is specifically applied to efforts made by government authorities to reduce crime, maintain criminal justice, and enforce the law. Crime prevention involves any policy or initiative that eliminates or reduces the cumulative level of victimization or the risk of individual participation in the crime.
According to national legislation, unfair dismissal occurs when an employee is dismissed in an unreasonable and punitive manner. To say that the dismissal was harsh or punitive is to say the impact that it had on the affected employee is unfavorable or the treatment was not proportional to the alleged misconduct.
Sections 71-77 of the Companies Act 2006 can be looked upon as a Code of Conduct. Although Sections 71-77 of the Companies Act 2006 fails to specifically mention insider dealing it can be deduced from the language of the Companies Act 2006, that insider dealing would necessarily arise to the level of breach of the director’s fiduciary duties.
The impact of such laws was not anticipated, and hence many such laws have failed in their application to create uniformity and to a greater extent cause problems to the weaker nations, especially the least developed nations. A classical example has been the Harmonization of International Patent laws and conventions.
Conclusively, the above legal framework and the case law arising from both the United Kingdom and the European Court of Justice have been analyzed and the two main issues can be addressed. Firsts are the question of violation of the rights of the information Society Provider. The right to engage in business is protected in the charter.
The major challenge for the promoters of the East India Company was not the act of influencing members of the public to invest in the company but to win their loyalty and ensure that they turned up in the later voyages. This is similar to the contemporary functioning of modern corporations in the operation of the stock exchange.
In the Irish republic, the freedom of foreign media is not curtailed. Therefore no legislation facilitates the blocking of foreign media ownership within the Irish media. The courts, therefore, are essential in terms of providing foreign media houses with involvement in the aspect of media reporting in Ireland.
Procedural ultra vires occur when the public body making subsidiary legislation fails to follow the procedure that is stipulated in the enabling statute. When the public body oversteps its mandate and makes such legislation, it is said to have abused the powers it has been granted, and the legislation made will be void.
The cell phone privacy dilemma is a recent issue. Therefore, it is also important to consider the debate within the current context. Just as stated at the beginning of the essay, cell phone technologies have positive and negative impacts. One of these negative impacts is that cell phones can be used to organize and commit a crime.
Here there is a need to write legal advice for the managers of the waste management council of the area for the legal issue arising due to the truck and cab collision. The apparent reason is the negligence of the truck driver but legally, the council will be held responsible for the accident because it is a situation of vicarious liability.
Under the new blueprint “health tourism”, NHS patients in the UK will be offered the privilege to opt for free medical treatment in any of the 27 member nations of the EU. This new scheme is mainly intended to offer patients in the UK greater ease and freedom where there have been long waiting lists of patients for operations is reported.
Promissory estoppel can be employed as a shield and not as a sword for effecting a cause of action, as described in the case law discussed above. To a considerable extent, the doctrine of promissory estoppel comes to the assistance of debtors, when their debts have been gratuitously forgiven by their creditors.
Wrongful convictions have not only occurred in Canada but also in other legal systems across the world. People who have been wrongfully convicted are often affected negatively psychologically in contrast to the legitimately convicted persons. In the Canadian justice system, forensic evidence has played a major role in numerous wrongful convictions
It is true that the Claimant held the position of a coach driver with the Respondent and has worked there for 25 years. It is therefore right for the claimant to bring such claims against the respondent for having worked for the respondent continuously for a “substantial” period as the court ruled in Eddie Stobart Ltd.
The development has resulted in the enactment of pro-public environmental decisions by government institutions. However, more still needs to be done to deliver tangible public participation. Broad agreements are part of the UK’s environmental law, but the concept of public input in environmental decision-making remains a contested subject.
James, a husband, father of three, grandfather, and musician was admitted to the hospital for medical treatment in 2012. At the time he became infected and was placed in the intensive care unit of the hospital and placed on a ventilator. His treatments varied and included CPR, a tracheostomy, and the receipt of artificial hydration and nutrition.
As a great number of product designs are with a short life span, the unregistered design law plays a significant and increasing role in our lives, without the burden of registration. An unregistered design right (UDR) can be defined as a right used to bar the unauthorized imitation or copying of an otherwise original design.
The HFFA of 1991 resulted from a long process of development of IVF regulation in the United Kingdom. Regulation in the 1980s saw the development of the Warnock Committee Inquiry which considered the recent development potentials in the field of medicine and science that related to human fertilization and embryology.
A legal system is a structure for interpreting and enforcing laws in a country. It includes a jury system, a bail, a patent system, a tax system, an electoral system, and the law. A jury system is a system used for determining facts in a lawsuit. The function of a jury varies between criminal and civil cases. In a criminal lawsuit, the jury determines the questions of facts and questions of law.
Employment of employees must always follow the required procedure by law for it to be considered valid. More specifically, the labor law requires private companies to follow its clauses in hiring foreign employees as well as UAE employees strictly. In the case of Walter and Sharon, specific procedures must be ensured before they start work at ADICC.
The Rome Statue article provides the establishment of an International Criminal Court. The established International Court shall be an institution that is permanent and will have the authority to implement its jurisdiction over people who have committed serious crimes that are of international concern.
The Landlord and Tenant Act of 1954 were created with the objective of protecting both the interest of the landlord and the tenant. The act contains provisions that depict the nature at which tenancy can be handled within a period of time in which a contract exists. The Act recognizes the landlord as the owner of the property and the tenant as the party to which the property’s authority may be transferred to.
The client UOG has to build a large atrium campus in the heart of Cardiff City Centre and after the successful floating of a tender has selected the main contractor and needs to finalize the contract as soon as possible after due diligence. The work needs to be completed within one year and speed is of vital importance to the client.
It is essential to state that in a contemporary textbook on property law, it is explicitly stated that when a layman is asked to define “property,” the layman will likely respond that it is something tangible and “owned” by a natural person (or persons), a commercial entity or corporation, or a unit of government.
The United Kingdom’s Parliament instituted in the year 1999 the Disability Rights Commission under the provisions of the Disability Rights Commission Act 1999 or the DRCA. The primary aim of this commission is to eradicate discrimination against disabled people and to boost equal opportunities for disabled people (The Disability Rights Commission, 2007).
1 May 2004 marks a truly historic date in the evolving history of the European Union (EU). Alongside the much-publicized EU enlargement to twenty-five members, this date also initiated what amounts to nothing less than a revolution in the way that competition policy in the EU is both administered and made.
Administrative fees for arbitration related services and facilities are cheaper (Punwar 2007, p.2) than institutional arbitration proceedings where fees are determined by the amount in dispute (ICC 1998, Art. 30:3, Art. 1:2 and 10). Therefore, it is probable that the amount of fees for smaller dispute maybe greater than the actual amount argued.
Bosque injected himself with heroin and lost his life. The main issue raised by this case was regarding when it was apt to deem a person guilty of manslaughter, when that person had supplied a class A controlled drug, which was subsequently, injected by the person to whom it was supplied, with lethal effect.
The body loses its ability to reproduce some of its cells, and as cells are destroyed they are not always replaced. In addition, there is a stiffening of tissues. The loss of cells and stiffening of tissues are our bodies. The maximal physiological capacity of most organ systems reduces progressively and irreversibly after 30 years of age.
The free movement of goods is one of the cardinal principles on which the Single market is based. The Member States are precluded from preventing the free movement of goods, until and unless a grave risk is involved in doing so, for instance, if such goods pose a threat to consumer protection, the environment, or public health.
“Treatment or consideration of, or making a distinction in favor of or against, a person or thing based on the group, class, or category to which that person or thing belongs rather than on individual merit: racial and religious intolerance and discrimination”. Discrimination is a special or unusual behaviour towards someone in a group or a workplace, which could be either in favor or against that person.