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There is significant uncertainty regarding whether or not a rule of customary international law is created and where a rule of customary international can be found. Even so, it has been argued that custom is a valid source of international law because it is derived from state agreements. Treaty law essentially entails the same binding nature as custom.
In order to increase the level of trust, cooperation, and mutual understanding, within member-states, various treaties have been framed over the years for acquiring benefits within existing policies pertaining to immigration, socio-economic, and defense policies of the member-states. Some of these treaties were the Treaty of Rome (1957), Treaty of Maastricht (1992), Treaties of Nice (2001), etc.
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Over the years, the legal proceeding has been the most preferred means of addressing disputes between parties. Legal proceedings involve a party initiating a legal case against the other party, and the other party is then obliged to appear in court to counter the accusations made against him or her regarding a particular dispute.
It will also analyze the application of the law in various case studies and the nature of agreements involved between two parties in a competitive business environment. The survey will additionally address different applications of article 1 (101) TFEU and the extent to which the article appears to be inconsistent with the concurrence of wills.
The author states that regulations governing the management of NHS exceptions followed an extensive public consultation and monitoring by the Department of Health and intended to attain a fundamental change in how to deal with complaints within the NHS, the regulations drafted are to allow health care.
A balance needs to be struck between the protection of human right and the fight against crime. On the other hand, technology is evolving in both the area of criminal investigation and the crimes themselves. The criminal investigators need to work hard to keep themselves abreast with new technologies used in the execution of criminal activities.
A contract is enforceable on the condition that it crystallizes the essential elements that the law requires it to manifest (Elliott & Quinn, 2011). There parties entering the contract must mutually understand what the contract purports to cover. This phenomenon is called the ‘meeting of the minds’. There must be an offer and acceptance in a legally binding contract.
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As chair of the parole board, one of its functions and objectives of Robert is to see to it that the prison cells are well-kept, and the prisoners are taken care of in the most humane way possible. Thus, Robert should endeavor to maintain the high standards set for a state prison. In the same way, Robert’s jurisdiction is not only limited to the physical welfare of the prisoners.
What are the implications of the principle of complementary jurisdiction in the statute of international court with special reference to the role of universal jurisdiction in the international justice system?
Human rights in Kuwait are a blend of rights and obligations. In Kuwait, the capital punishment for murder and drug trafficking is the death sentence. According to a report published by the US States Department, Kuwait is known as the worst offender of human trafficking. This has been attributed to the cool attitude of the Kuwaiti administration.
Counter-terrorism legislation has directly affected levels of humanitarian funding. Islamic charities/organizations have been hit particularly hard, although the impact is not restricted to Islamic organizations. They have come under greater scrutiny than others, with many of their private donors becoming afraid of the possible consequences.
An unfair prejudice remedy petition is a wide-ranging petition that safeguards the interests of the minority shareholders. The shareholder should make a petition in this regard to the court beseeching its intervention in the affairs of the company in question. The court may make an order on such a petition if it is satisfied with the truthfulness.
The Articles of Association is one of the fundamental documents used in company registration together with a memorandum of association. This requirement is mandatory for companies limited by guarantee and those limited by shares. The Article of Associations contains rules and regulations that govern the general administration.
International business involves business activities straddling two or more nations. The phenomenon of globalization has greater effects and impacts on international business. Today there is a fundamental shift in the global economic foundation and grouping. There has been a constant move away from a global society whereby the national economies are isolated from one another.
Preena, who owns a cafe near the entrance of the Depot owned by X Limited, has lost her business because of the disturbances created in the Depot. In this regard, Preena decided to take her complaint in person to Roberta however Roberta refused to accept fault or liability for any kind of disturbance from the activities of the company at the Depot.
It is quite rare in a legal profession where you would not find some sort of negotiation going on. For instance, there is sexual harassment negotiation on behalf of Ms. Jane Doe and Professor Palsgraf where an agreement has to be reached. There is also negotiation for employment contact involving Fox lawyers and Leslie Morrow.
The decision of the majority was in relation to the views as set out in the opinion of Lord Nicholls of Birkenhead. The judge acknowledged the challenges faced by social workers and judges in protecting the child. They often faced the challenge of protecting the child while in certain cases failing to get enough evidence to implement the obligation.
In addition, more collection was bought and the public also contributed by giving donations. Today in the palace museum, the permanent collection of the works of art is estimated to be over a million. These mainly consist of; the different paintings works of pottery, inscribed wares, various court documents and bronze wares.
In Europe, as of 2005, Belgium, the Netherlands, and Switzerland have all legalized the practice. There are two kinds of euthanasia – active and passive. In active euthanasia, according to Touyz and Touyz (2011), there is an action that hastens death. In passive euthanasia, no action is taken to prolong life, and death occurs naturally.
The hope is expressed that, at some future point, the government will be inclined to reintroduce the defense or rebuttable presumption of Doli Incapax. The children mentioned in many cases are thought not to have the mental acuity to be held responsible for their criminal actions, and with the criminal system in England, it is not fair to put the children in the same cadre as the adults.
In instances where citizens of a state suffer gross human rights violations from their own government and the Security Council remains inactive, the military intervention of another state is often the only hope for the suffering populations. This is in accordance with the doctrine of humanitarian intervention.
Holbech states that a non-legal owner can show that he is entitled to the property either by showing an express agreement or by conduct, and contribution towards the purchase price will count as conduct. Then, once the claimant can show a beneficial interest, the court must determine the extent of that interest.
The trends in the Islamic countries point out to increased uptake of open market operations. For example, the value of government bonds in Malaysia grew at an average of 70% per annum from 2001-to 2007 (Abdel-Kareq & Richardson). This means that the government significantly invested in bonds and the market uptake was positive.
Nevertheless, the law empowers the court to validate a document that the deceased intended as a will. Wills Act 1997 empowers the court to validate documents, for deaths occurring after July 1998, that the deceased intended as a will but which was not yet signed by the will-maker in the presence of 2 witnesses.
With the consent of the victims, face-to-face meetings with victims are held where victims speak of the hurt, trauma, and emotional pain they had to undergo because of the offending actions. This approach works effectively as the young offender realizes the magnitude of the pain he/she has caused.
The memory of an individual may be either blurry or deceive him especially when it comes to remembering events that may have occurred in the past, especially with respect to other individuals. In the case of rape and kidnapping, a man in Florida, Alan Crotzer, was wrongfully convicted for a long time in prison, awaiting a decision.
EU Competition law and Cartels. The European Commission adopted a decision setting a cartel case in which Procter and Gamble, Unilever and Henkel were involved. The product markets involved the household laundry powder detergent in Belgium, Germany, France, Greece, Italy, Portugal, Netherlands and Spain.
The author assumes that history has demonstrated that law alone cannot deliver good business. Thus, a need exists for a synergy between law and business ethic to deliver ethical business in a society, and this dissertation examines this synergy of law and business ethics.
The paper recommends that a criminal code should be formulated to work hand-in-hand with the Forced Marriages Act 2007. This criminal code should protect the obvious persons who are at risk of forced marriages. The criminal code should be reviewed regularly and improved in relation to existing situations from time to time.
Admiralty Law Question 1: O’s Claim Against VC for Outstanding Freight O’s claim against VC for the outstanding freight depends largely on two factors. First, it must be determined whether or not VC breached the contract for the delivery of crude oil from Piraeus, Greece to Southampton, UK.
The author states that in writing, the Act consolidates prior legislations against discrimination for Wales, England and Scotland. It comprises 218 sections and 28 schedules. These protected characteristics include disability, race, religion, gender reassignment, age, religion, maternity or pregnancy, sexual orientation and sex.
This paper will discuss the issue related to how pharmaceuticals have gone stray from their focus of preventing from diseases to a money making business. It will also discuss tactics deployed by some companies, such as; creating fear of new diseases, releasing untested drugs, testing their drugs in poorer countries, prescribing medicines meant for adults to children and infants, prescribing medicines to chronic patients which have not been tested for long term usage, imported drugs and many others.
A contract involves making a promise made in a specified manner that is recognized by the law and it undertakes a legally binding obligation. The paper examines the various conditions, in which, a contract is formed and it tries to analyze the condition when the contracts cannot be enforced simply because it involves promises.
From the above, it can be concluded that subject to other things being equal, this form of business structure can be considered to be suitable for businesses involving moderate risks and less capital intensive. It can also then be said that such firms ordinarily (but not always) are characterized by limited growth prospects.
Admiralty law provides the rights and the remedies to all those individuals who encounter injuries within the seas and the inland navigable waters. The nature of the rights and remedies, as well as the repercussion of the claims greatly differs, based on who presents the claims, and the nature of such presented claims.
International Corporate law is a large body of administrative law, statutory law, case law, and contract law that govern worldwide business dealings. It consists of the law of multiple nations and therefore it experienced legal counsel. Many lawyers are experts and experienced in universal business law but at the same time only very few of them are skilled specifically in “international corporate law”.
Hull & Machinery insurance provides cover to the ship owners for the risk of perils of the sea. These risks include the risks that are incidental to the case of a breakout of war. In some ways, Hull and Machinery insurance are similar to property insurance in which as it covers the ship itself, its machinery, and equipment.
Euthanasia: Can It Ever Be Morally or Ethically Justifiable? This paper reflects on the Assisted Suicide bill by Lord Joffe, which has been the subject of immense controversy when it was attempted to be introduced in the House of Lords. The bill, if enacted into law, would allow terminally ill patients to seek drugs from their doctors that would end their lives.
Protection and indemnity together with hull and machinery are the two main types of marine insurance coverage. H&M is for the most part property cover in that its purpose is to ensure the vessel’s actual value or any cost incurred relative to repairing or replacing the vessel. The hull refers to the ship itself and includes the ship’s engine.
Angelina’s Interest in the Property
The title to the house is held in both Angelina and Brad’s name. However, based on the facts of the case for discussion there is no specific declaration of beneficial interests. According to the ruling in Stack v Dowden, equity will follow the law.
The first source law depicts the statute of Corporations Act 2001 and subordinate regulations as well as rulings. The other source law is common law that intends to understand the Act and creates obligatory authority. While the third source law is the company constitution. Notably, it is the company constitution that offers the board of directors the adequate power to administer the business of the company.
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Enron Corporation was one of the most innovative corporations in the US through the 1990s. The company had maintained its standing in the corporate arena by innovatively creating a new economy rebel that questioned the old ways of the industries and their assets in the unrestrictive e-commerce world.
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Drug court work just like contemporary courts, but mainly focus on criminal cases and behaviors related with the use and sale of drugs. Many researches in the past indicate that these courts play significant roles in the criminal justice system.
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The word “police” originated from the Latin word “politia” which means “civil administration.” The word “politia,” in turn, was derived from the Greek word “polis” which means “city.” Therefore, the very word police can be used to refer to the people involved in the administration of the city.
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The wrong actions on the part of the authority to benefit someone by way of illegal means are considered immoral and unethical. Unfair monetary gains fall within the ambit of corruption. The patronizing of illegal acts is usually linked with bribery. There is an old adage that says “power corrupts and absolute power corrupts absolutely”.
As far as workplace discrimination is concerned, the 1976 Race Relations Act made it illegal for employers to discriminate against employees on racial grounds during the course of employment. The accountability against discrimination starts from the submission of an employment resume by the intending employee to the employer.
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The creation of the UAE federation and all the activities it has made since then has a legal basis or framework. This legal basis is federal law. The federal laws are laws which are proposed, amended, approved and promulgated throughout all the federal states, which in the case of UAE are seven emirates (Abu Dhabi, Ajman, Dubai, Fujairah, Ras Al Khaimah, Sharjah, and Umm Al Quwain).
The UAE Federation is one of the larger Gulf countries populated by 2.6 million people, and since its establishment has been able to build its economy on its oil production, and simultaneously its reputation as a free trade area. As such, it has attracted the business of numerous multinationals and trading firms, for which reason the study of its Federal Law is warranted.
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The police investigate suspects criminals and make a report of the criminal activities of held suspects to refer the matter to the competent court of law to decide the case. The court empowers the police to comply with the warrants, writs, and certain orders of the courts issued from time to time (Gaines & Miller, 2010).
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This paper has examined the issues of regional planning, preparation and responses approaches in the context of their economic, social and legal impacts. In addition, the paper has also incorporated the role of the Saint Leo University core value of Community as it relates to local response to terrorism.