International Law Essays (Examples)

Legal Brief: Democratic Republic of Congo versus Belgium [2002], International Court of Justice 1
Issue
The overarching issue involved in this case concerns the ability of one sovereign nation to issue an arrest warrant against a foreign official for breaking customary international laws. In sum, the issue involved the issuance of an international arrest warrant in absentia for an African foreign affairs minister by a Belgian judge in response to public speeches that were purportedly responsible for genocidal acts against an ethnic minority. Although the Belgian judge issued the international arrest warrant for violations of the sovereignty of another country which were also violative of customary international law, another issue concerns whether this issuance constituted yet another violation of customary international law. A final issue concerned whether States were obligated to enforce the international arrest warrant under these circumstances.
The subject case began on 11 April 2000, when the then-acting…

References
Abdoulaye Yerodia Ndombasi (2016). Trial International. [online] available:  https://trialinternational.org/latest-post/abdoulaye-yerodia-ndombasi/ .
Alexander, Klinton W. (2000, Spring). NATO\\'S Intervention in Kosovo: The Legal Case for Violating Yugoslavia\\'s National Sovereignty in the Absence of Security Council Approval. Houston Journal of International Law, vol. 22, no. 3, pp. 403-410.
Arrest Warrant of 11 April 2000. (2017). Casebriefs LLC. [online] available:  http://www.casebriefs.com/blog/law/international-law/international-law-keyed-to-damrosche/chapter-12/arrest-warrant-of-11-april-2000-democratic-republic-of-the-congo-v-belgium/ .
Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium). Public International Law. [online] available:  https://ruwanthikagunaratne.wordpress.com/2012/  07/27/belgian-arrest-warrant-case-summary/..
Belgian Arrest Warrant Case (2008). Ruwanthika Gunaratne and Public International Law. [online] available:

Why are tribunals very important among two or more countries?
If a nation is involved in claims with another nation, the question of how far each nation respects the independent sovereignty of the other and the integrity of its own judicial system arises. To this effect, tribunals play a crucial role of arbitrating the claims between the involved countries while at the same time recognizing and respecting the sovereignty and the judicial system of each country (Root, 1909).
For a sovereign country, there is no legal obligation that requires it to make any submission to a rule set up by a superior alien power. In this case, a tribunal plays an important role where a sovereign country can enter into a contract with the private individuals – the tribunal. In these settings, the tribunal is granted the right to redress the claims, but only to the conscience of the sovereign…

References
Clark, P. (2010). The Gacaca courts, post-genocide justice and reconciliation in Rwanda: Justice without lawyers. Cambridge University Press.
de Sousa Santos, B., & Rodríguez-Garavito, C. A. (Eds.). (2005). Law and globalization from below: towards a cosmopolitan legality. Cambridge University Press.
Hoffman, S. J., & Sossin, L. (2012). Empirically evaluating the impact of adjudicative tribunals in the health sector: context, challenges and opportunities. Health Economics, Policy and Law, 7(2), 147-174.
Mueller, S. D. (2014). Kenya and the International Criminal Court (ICC): politics, the election and the law. Journal of Eastern African Studies, 8(1), 25-42.
Root, E. (1909). The Relations Between International Tribunals of Arbitration and the Jurisdiction of National Courts 1. American Journal of International Law, 3(3), 529-536.
Schabas, W. A. (2006). The UN international criminal tribunals: the former Yugoslavia, Rwanda and Sierra Leone. Cambridge University Press.
Werle, G., & Jessberger, F. (2014). Principles of international criminal law. OUP Oxford.
Zarni, M., & Cowley, A. (2014). The slow-burning genocide of Myanmar\\\\'s Rohingya. Pac. Rim L. & Pol\\\\'y J., 23, 683.

International Disputes

When business internationally issues settling legal disputes international transactions. What practical consideration taking legal actions a foreign business partner-based country? Which laws precedence.

Dealing with conflict in the new global economy

The rise of the new global economy has generated profits for many enterprises because of the connections it has fostered. However, in addition to the positive benefits of international agreements, there has also been a rise in international disputes. "As international commerce increases, so does the volume of international business disputes…new inbound and outbound foreign investment surpassed previous levels. Some of these deals will fail, and not all contracts will be performed as planned" (A new way to resolve international business disputes in Illinois, 2013, CIDA). Two of the most common methods of dealing with international disputes between business entities are international litigation and international arbitration. Litigation has certain superficial advantages, from the point-of-view of a firm:…

References

Aliment, R. (2009). Alternative dispute resolution in international business transactions. The Brief, 38.4

Knop, K., Michaels, R. & Riles, A. (n.d.). International law in domestic courts: A conflict of laws approach. scholarship.law.duke.edu. Retrieved:

 http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2629&context=faculty_scholarship 

A new way to resolve international business disputes in Illinois (2013). Chicago International

The ICJ made clear that it did not desire and was not trying to expand its jurisdiction and stated that the issues did not "expand its jurisdiction into new areas by stating that the issues did not "concern the entitlement of the federal states w/in the U.S. To resort to the death penalty for the most heinous crimes" and that the function of the ICJ is to resolve international legal disputes not for functions of a criminal appeals court.

Summary and Conclusion

It is the purpose of Article 41 of the VC to allow for an interim period pending trial in which the consular officers of the country involved are enabled to go on with their business in the period between the commission or occurrence and the trial of the crime for which the individual is accused. It is important to note that Under Article 41 of the 1963 Vienna…

References

International Law Commission -Vienna Convention on Consular Relations and Optional Protocols U.N.T.S. Nos. 8638-8640,Vol. 596, pp. 262-512

Warren, Mark (2005) Consular Notification - Statutory and Regulatory Provisions Human Rights Research

Davidson, Jerome (2005) Consular Privileges and Immunities Amendment Bill 2005 Presented to the Senate: Foreign Affairs - Commencement: Day of Royal Assent Consular Privileges and Immunities Amendment Bill 2005.

International Crime Law

Intenational Peace and Teoism

What changes to existing legal egimes may educe the incentive and make the law moe effective in peseving peace?

Teoist goups can be disupted and destoyed though continuous and diect legal actions. The focus includes the use of national and intenational elements of powe. Immediate focus should be on the teoist oganizations with global each as well as teoists o states sponsoing teoism activities. Thee ae attempts of gaining and using weapons of mass destuction o pecusos. The law defends the national inteests, the native people, and intenational goals. Achievements in this case ae deived though identification and destuction of peace theats pio eaching national bodes. While most govenments continually stive towads enlisting intenational community suppot, they do not hesitate to act alone whee necessay. The goals at stake include execising thei ights to self-defense though peemptive action against teoists. The actions pevent them fom inflicting…

references ultimately tie broader projects leading to generalized legal understandings, the goal is to have central strategies of disseminating such law.

Law promotes equity and respects for people. Law advocates treatment of all human beings as members of the family. Islam, Judaism, and Christianity share this value. Hinduism embraces divine spark for all human beings while Buddhism talks of the human race are having similar distinctions made by humankind from all other animal varieties. There are numerous species across board distinguishing their category based on fundamentalism. The teachings make emphasis on oneness in which people work towards common goals of perish together. International law plays a role in fostering cooperation. Law consists of sets of rules that ensured passive co-existence of nations. Today, the concept of world governance is moving towards active cooperation among all countries. The concerns about matters of human welfare, international travel, outer space, health, the environment, disaster relief, and transport, are addressed by international law. There is facilitation of the external and internal affairs for a given country.

In conclusion, international law promotes economic justice to equality practices. Law elevates conditions for impoverished nations as well as deprived world populations. Critics estimate that in the last five decades, there is more than four times the population of people dying in wars happening in the 20th century. Others die due to poor sanitation and hunger. Part of the underlying numbers did not have to die if their issues were subjected to relevant concentrated attention. The concept relates to the application of international law principles.

In these instances, a state might claim that the international community has acted beyond its jurisdiction as limited in Article 38 by allowing some action. Such an action is exemplified by the dispute between the NAT and Yugoslavia regarding ethnic cleansing in Kosovo. Here, Yugoslavia filed an application for proceedings through the ICJ against the United States for its use of force in Kosovo, invoking Article 38. Accordingly, the ICJ reports that "as to Article 38, paragraph 5, of the Rules of Court, it provides that when a State files an application against another State which has not accepted the jurisdiction of the Court, the application is transmitted to that other State, but no action is taken in the proceedings unless and until that State has accepted the Court's jurisdiction for the purposes of the case." (ICJ, p. 1) the ICJ rejected this application on the grounds that it lacked…

Online at  http://books.google.com/books?id=TkW0I_sthHsC&pg=PA215&lpg=PA215&dq=palmeter+the+WTO+Legal+System:++Sources+of+Law&source=bl&ots=Ekdnv1cG7I&sig=5vLFKzcHmbYNFuZcYQFHbS5qWes&hl=en&ei=JZIkTeCdJ4X7lwf47Ji6AQ&sa=X&oi=book_result&ct=result&resnum=1&ved=0CBMQ6AEwAA#v=onepage&q&f=false 

Perkins, S.C. (1996). International Human Rights Law and Article 38(1) of the Statute of the International Court of Justice. Institute on Public International Law of the American Association of Law Libraries.

Online at  http://intelligent-internet.info/law/icjart.html

Conciliation seems to be more to the purpose, if opposing bodies are expected to work together to govern a country. Humphrey said in his study on From Victim to Victimhood, "By contrast, trials have played a much smaller role during political transition and thus have addressed far fewer victims. They have, however, been very important in re-establishing the authority of law and the state" (2003 184)

hat division of labor among states, international institutions and non-governmental organizations is likely to prove most effective in meeting the challenges of the post-Cold ar era in the future?

George . Bush, President of the United States of America, appears to believe that the United States must police the world, leading other nations into controlling what he considers dangerous policies in other countries, while taking preemptive action against them on his own. hile Bush knows that the laws of war are different from the…

Works Cited

Bass, Gary J., "Milosevic in the Hague." Foreign Affairs, 00157120, May/Jun2003, Vol. 82, Issue 3.

Decision on the Establishment of the Truth and Reconciliation Commission, Official Gazette of the Federal Republic of Yugoslavia, No. 15/2001. 30 March 2001.

Dickinson, Laura a. "The promise of hybrid courts." The American Journal of International Law, Vol 97(2) April 2003.

Freeman, Mark. "Case Study Series: Bosnia and Herzegovina: Selected Developments in Transitional Justice." International Center for Transitional Justice. Oct 2004.

In the case of United States, Article 9 of the Uniform Commercial Code provides for practically all types of security agreements for owned property that are both for own use as also for commercial purposes. This type of agreements includes fixtures which mean personal property that is attached to the property, and the ready example can be a water heater. This does not include other liens taken on the property like the lien of a mechanic are not covered by this act, but are covered by the individual laws that govern them. There is also a statute of frauds and that requires a security agreement to be in writing for it to be valid, unless the property has been pledged for getting the loan. This sort of a pledge takes place when the borrowing party shifts the collateral to the lender of money in exchange for the loan that he…

References

9-203. Attachment and Enforceability of Security Interest; Proceeds: Formal Requisites.

Retrieved at  http://www.law.cornell.edu/ucc/9/9-203.html . Accessed 10 November, 2005

Bailey, Sue. PM defensive over election threat. Retrieved at  http://cnews.canoe.ca/CNEWS/World/2005/11/03/1291616-cp.html . Accessed 10 November, 2005

Banking: An overview. Retrieved at  http://www.law.cornell.edu/topics/banking.html . Accessed 10 November, 2005

International Risk Management

No profit was ever made without taking some financial risk. However, economists such as John Eatwell and Lance Taylor have argued in their text Global Finance at Risk: The Case for International Regulation that international financial markets are intrinsically and particularly apt to pose the threat of risk to potential investors on an individual and a corporate level. Investors in finance base their decisions on guesses, not only about how other investors within a nation will behave, but also about national stability, which affects the stability of the currency. As markets have grown more global in scope, industrialized countries often have pursued a more cautious monetary policy regarding other nations. However, too much caution can be risky too, Ultimately hesitancy in investment results not only in lost opportunities, but a climate of fear that can at its extremes generates international deflation, a depression in economic growth, and…

Works Cited

Eatwell, John & Lance Taylor. (2000) Global Finance at Risk: The Case for International Regulation. New York: New Press.

Kelly, Michael P. (June/July 2001.)"Foreign Currency Risk: Minimizing Transaction Exposure." International Law.  http://www.vsb.org/publications/valawyer/june_july01/kelley.pdf 

Schnaue, Frank. (2004). "U.S. trade gap widens as production rises." UPI. http://app.quotemedia.com/data/newsItem.htm?storyId=1533543

International Energy Law

International Energy Arbitration

This paper will examine the role of arbitration in the international energy sector over the past 50 years. Discussion is organized around the five decades leading up to the current state of affairs in the international energy sector. In each section, major arbitrations are identified and tied to the categorical intention of arbitrations of that period. For instance, arbitration awards that occurred during a period of substantive concession agreements -- termed the first generation of concession agreements by Kosheri (n.d.) -- include the Abu Dhabi award of 1951, the Qatar award of 1953, and the Aramco award of 1958.

The next period, which occurred roughly in the 1960s and 1970s, was characterized by arbitration awards that evidenced a climate of confrontation, during which host nations took the position of abstaining from participation in arbitration proceedings. These nations were unilaterally interested in bringing the earlier…

Bibliography

Bishop, R.D. (2000). International arbitration of petroleum disputes: The development of a "Lex Petrolea. The Journal, [Website] The Centre for Energy, Petroleum, and Mineral Law and Policy (CEPMLP).

Brower, C.N. And Sharpe, J.K. (2003, July). International arbitration and the Islamic World: The third phase. The American Journal of International Law, 97 (3).

Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, (1958, 10 June). 330 United Nations Treaty Series (U.N.T.S.), 38.

Dundas, H. (2004, July). Dispute resolution in the oil and gas industry: An oilman's perspective. Oil, Gas, & Energy Law Intelligence, 2 (3).

For example, Shu-Acquaye (2007) cites the basic differences in the legal systems in various parts of the world as contributing to the different approaches to corporate governance. Likewise, Shu-Acquaye cites these differences and adds, "The American corporate governance system adheres to the idea of shareholder primacy. Because the United Kingdom, Austria, and Canada share a legal system based on English common law and equity principles, they are similar to the United States -- shareholder primacy is the predominant norm in each of these countries."

By sharp contrast, other countries such as Japan and Germany are characterized by stronger protection for their employees, creditors, and other nonshareholder stakeholders in general, representing examples of a stakeholder-orientated system. In their book, the Control of Corporate Europe, Barca and Becht point out that, "Germany has always had a prominent place in the international corporate governance debate. The country is among the largest and richest…

References

Aaronson, Susan Ariel, 2002 (Fall), "Broadening Corporate Responsibility: Is Maximizing Shareholder Value Alone a Good Enough Long-Term Strategy?," the International Economy 16(4): 46

Ashby, Meredith D. And Stephen a. Miles, Leaders Talk Leadership: Top Executives Speak Their Minds (New York: Oxford University Press, 2002)

Barca, Fabrizio and Marco Becht, the Control of Corporate Europe (New York: Oxford University Press, 2002).

Brada, Josef C., Saul Estrin, Josef C. Brada et al. (eds.). Corporate Governance in Central Eastern Europe: Case Studies of Firms in Transition (Armonk, NY M.E. Sharpe, 1999).

International egulation of Tourism in Antarctica

Since the mid-1980s, Antarctica has been an increasingly popular tourist destination, despite the relative danger of visiting the largest, least explored -- and arguably least understood -- continent on earth. Beginning with the 1959 treaty establishing Antarctica as an international zone free of claims of sovereignty by nation's that had been instrumental in establishing research stations there, there has been almost constant negotiation about how to administer regulations pertaining to the preservation of life forms on the continent, what those regulations should be, and what sanctions should be applied and by whom.

To understand the depths of the negotiations, and the potential for discord, it is necessary to understand what the continent offer the 65% of global nations that are party to the 1959 and all subsequent treaties. To understand the possible future of Antarctica, it is necessary to outline treaty attempts to minimize…

References

Antarctica. Siyabona Africa Web site. Retrieved September 28, 2004 at http://balule.krugerpark.co.za/africa_antarctica.html

Chile Web site. Retrieved September 17, 2004 at  http://www.visit-chile.org/antartica/antartica.phtml 

Australia urges regulation as tourism to Antarctica escalates. (2004, March 24) Agence France Presse English. Retrieved September 14, 2004 at  http://www.highbeam.com .

Bulgaria in Antarctica. Retrieved September 15, 2004 at http://www.bluelink.net/antarctic/ant_en/BGant.htm

International elations Theory and United Nations Peace:

International elations (I) field normally focuses on the study of how various state systems can be made to work more efficiently to improve the power of law, maintain order, manage interstate affairs peacefully, and lessen prospects of war. The word relation in this field is used to denote the inclusion of more than political affairs to aspects like conflict and peace. International relations field is closely linked administratively to political science departments (O'Connor, 2010). Actually, the field of international relations traces its origin from various subfields including international law, diplomatic history, and international economics. While it's still early to consider international relations as a sovereign field of study, it has broken from the analytical procedures of economics and law as well as the ongoing process of breaking from political science. Consequently, this field has become an important facet because of the conceptualizations of…

References:

Ahmed, S. Keating P. & Solinas, U (2007), 'Shaping the Future of UN Peace Operations: is there

A Doctrine In the House?' Cambridge Review of International Affairs, vol. 20, no. 1, pp. 11-28, viewed 26 November 2011,

Cristol, J (n.d.), International Relations Theory, Oxford Bibliographies Online, viewed 26

November 2011,

"

Articles 6 to 15 of the International Covenant on Economic, Social and Cultural ights recognize the rights of people to work under decent conditions, join and form trade unions, collect social security, and enjoy a decent standard of living (Office for the High Commission of Human ights, 1996). International laws also aim to provide protection and assistance for the family, especially mothers, children and young people.

Further, articles 6 to 27 of the International Covenant on Civil and Political ights protect the right to life and prohibit torture or to cruel, inhuman or degrading treatment or punishment (Office for the High Commission of Human ights, 1996). In addition, they hold that no one is to be subjected to arbitrary arrest or detention and that all persons have the right to be treated with humanity. The provides for the establishment of a Human ights Committee responsible for supervising implementation of…

References

The UN in Brief. (2004). What the UN Does for Justice, Human Rights and International Law. Retrieved from the Internet at  http://www.un.org/Overview/brief3.html .

Office for the High Commission of Human Rights. (June, 1996). Fact Sheet No.2 (Rev.1), the International Bill of Human Rights. Retrieved from the Internet at http://www.unhchr.ch/html/menu6/2/fs2.htm.

Joychild, F. Roche, M. (February 13, 1997). Human Rights Law from Domestic and International Sources. Auckland District Law Society.

International Terrorism

There is a growing link between organized crime and terrorism; drug trafficking, transnational organized crime, movement of illicit firearms and money laundering have all become integral parts of terrorism in the world today. Organized crime threatens peace and human security; it also violates human rights as well as undermining economic, social, cultural, political and civil development of societies all over the world. Terrorists are now using increasingly diverse modes of operations which are increasingly funded and sustained through proceeds from organized crime. Terrorism poses a serious threat to national security and fundamental democratic values of the society (Albercht, 2008).

Theories of counter terrorism

Counter terrorism entails the practices, tactics, techniques and strategies that governments, militaries, police departments and corporations adopt in making attempts to respond to threats or acts that are real and imputed Counter terrorism is a top priority for most countries following catastrophic events that have…

References

Albercht, H.J. (2008). Concepts of Terrorism and Organized Crime. Retrieved November 8,

2012 from http://www.etc.-graz.at/cms/fileadmin/user_upload/humsec/SAc_08_PPP/PPP_Hans_J_rg_Albrecht.pdf

Ohr, G.B. (2004). Effective methods to combat transnational Organized crime in criminal justice processes. Retrieved November 8, 2012 from  http://www.unafei.or.jp/english/pdf/PDF_rms/no58/58-05.pdf  (pg40-57)

Kolodkin, B. (2012).What is Counter terrorism? Retrieved November 8, 2012 from  http://usforeignpolicy.about.com/od/defense/a/what-is-counterterrorism.htm

International Sales Contract

Ross T. Smyth and Co. Vs. TD ailey Son & Co [1940] All ER

This paper will examine and discuss the specific implications of Lord Wright's statement and how this related to the seller and buyer, specifically in the context of the c.i.f. And f.o.b. contractual meaning.

In the historical case Ross T. Smyth and Co Ltd. Vs. TD ailey, Son & Co. [1940] 3 All ER 60, Lord Wright, upon considering a dispute between the parties is said to have stated:

Now it is true that all these rules both under section 18 and section 19 are prima facie rules and depend on intention in this regarded by the parties is seldom or never capable of proof. It is to be ascertained, as already stated here, by having regard to the terms of the contract, the conduct of the parties, and the circumstances of the case.…

Bibliography

In the Supreme Court of Africa (1999) Highveld 7 Properties et al. v. Timothy Luke Bailes [Online] available at http://kiewiet.uovs.ac.za/facultieslaw appeals/31998.htm

Federal Court of Australia (1999) Westpac Banking Corp v. Stone Gemini [1999] FCA 434 [Online] available at http://jusgments.fedcourt.gov.au/1999/j990434.yes.htm

Smyth Ross T. & Co. Vs. T.D. Bailey & Co. (1940) All ER 60 (HL)

Online] available at http://ourworld.compuserve.com/homepages/pntodd/cases/cases_s/smyth_t.htm

' (Adams, 1982) Local agencies helped the magistrate, remedied public mores, and also inspected the conduct of the "Hyangni" and served as power base for the local "yangbans. "Yangbans" were dispatched to the province from the capital. Yangbans -- constituted of the class of advantaged / privileged civil and military servicemen. Yangins constituted of middle-level bureaucrats, peasants and merchants, whose children were allowed to sit the exam for governance service. "Chungins" -- were technical personnel and professional specialists composed of the side children of 'Yangbans"

Leonid (2011) points out that 'The literati composed of the dominant social class in Choson Korea. Most of them were the "Yangbans" the members of the two orders of officialdom who served as civil or military officials.' Since it was this yangbans who directed the government, economy and culture of Choson Korea, it may be designated a Yangban society as opposed to the aristocratic society…

Works cited

Buzo, Adrian. (2002). The Making of Modern Korea: A History. New York: Rout ledge

Carter J. Eckert, Kibalk Lee (2009) Korea Old and New, A history, Lehokak: Publishers for Korea Institute, Harvard pp 107-131.

Cumings Bruce. (1997). Korea Place in the Sun: A Modern History. New York: W.W. Norton.

Pp 45-67

" Therefore, the budget person must be included from the beginning of the contract. Secondly in importance "is the person who is responsible to ferret out all the contract requirements for that particular commodity purchase." (2005) Stated as third, "in order of importance to quality and customer satisfaction is the supplier. A good supplier willingly carries out the obvious intent of the contract requirements -- as well as the not so obvious. The supplier is also a buyer of the commodities he must purchase from others. He will select qualified craftsmen or vendors to provide or install critical features. He will see to it that all the bits and pieces come together within the contract timeframe. Contrast that with the poor supplier who will not select his craftsman for the critical features, will bid shop his materials, and will play with the edge of the contract specifications. The supplier is…

Bibliography

Gabbard, E. (2006) Challenges of the International Contracting Environment. Contract Management Journal 1 Mar 2006. Online available at  http://www.allbusiness.com/management/895630-10.html 

2007) Contract Specialist. Belgium-Brussels. Michael Page International. Online available at  http://www.michaelpage.be/offre-emploi/499514-contract-specialist.html 

Patel, V. (2007) the Contract Management Benchmark Report: Procurement Contracts. Aberdeen. Online available at  http://www.aberdeen.com/summary/report/benchmark/RA_ProcCM_VP_2817.asp 

Selectica Announces the 2006 Contract Management Benchmark Report by AberdeenGroup on Maximizing Compliance and Supply Performance. Selectica Online available at  http://www.selectica.com/news/press_releases/pressrelease_doc_id_34.html

" (Coleman, 2003)

Coleman states that by the very nature of international disputes and the states desiring to protect their national interest results in "all international disputes" becoming "inevitably political in nature..." (Coleman, 2003) Variation is noted in the 'degree of political volatility' that will exist and notes as well that "just how political a dispute will be extremely subjective." (Coleman, 2003) the dependent factors are stated to within a matrix of diverse factors affecting national interest and includes but is not limited to:

1) External economic pressures;

2) Domestic needs; and 3) National pride and prestige. (Coleman, 2003)

Coleman states that the suitability and capacity of the International Court of Justice has been questioned in regards to it 'comprehending and considering "...highly political matters or 'non-justiciable' issues." (Coleman, 2003) One example given is that of the "weapons embargo put in place by the Security Council during the conflict in…

Bibliography

Allee, Todd L. And Huth, Paul K. (2006) Legitimizing Dispute Settlement: International Legal Rulings as Domestic Political Cover. Vol. 100 No.2 May 2006. Online available at  http://journals.cambridge.org/download.php?file=%2FPSR%2FPSR100_02%2FS0003055406062125a.pdf&code=bc8c8108ed707d40bb451e4f5abcf862 

Coleman, Andrew (2003) the International Court of justice and Highly Political Matters. Melbourne Journal of International Law. 3 May 2003.

Muller, a.S., Raic, D. And Thuranszky, J.M. (1997) the International Court of Justice: Its Future Role After Fifty Years. Martinus Nijhoff Publishers. Leiden Journal of International Law.

Merrills, J.G. (2005) International Dispute Settlement. Cambridge University Press 2005.

International Legal and Ethical Issues Simulation Summary

George Egloria

Thane Messinger

Addressing International Legal and Ethical Issues Simulation Summary

Issues involved

In jurisdictions where the assets or shares of the transactions are located, a local counsel will be a mandatory prerequisite. In addition, it is likely to engage the local counsel in the seller's jurisdiction. The process of selecting the appropriate company to collaborate with is important. Apart from competence, issues like commitment, trust, and confidentiality are crucial. It is also important for the local counsel to clear conflicts. Counsels must ensure that they are aware of the laws in every jurisdiction. This will make it easy for them to observe all the ethical structures of the local and international laws (Halbert & Ingulli, 2012). They should be aware of possible changes at all times and confidentiality agreements are important in such situations. This request is fair on the ground…

References

Halbert, T., & Ingulli, E. (2012). Law & ethics in the business environment. Mason, OH: South-Western Cengage Learning.

Hoffman, W.M. (2008). Emerging global business ethics: From the Ninth Conference on Business Ethics. Westport, Conn: Quorum Books.

Horn, N. & Norton, J.J. (2000). Non-Judicial Dispute Settlement in International Financial

Transactions. Westport, Conn: Kluwer Law International

Chernobyl Nuclear disaster took place in 1986 in Ukraine which is a former Soviet State. This plant was built back in 1970 and consisted of 4 reactors. The plant was scheduled to undergo a scheduled and controlled shut down so as to test the generator's ability to produce electricity using the plant's safety system. eactor 4 of this plant exploded after interior energy increased beyond control discharging radioactive debris and smoke on close by cities and created a radioactive cloud that spread out to a big region of the U.S.S.. And Europe. This catastrophe involved over 500,000 workers, and over 18 million ubles. It was considered an International disaster due to the large area that it impacted negatively.

Immediately after the incident, firefighters arrived at the scene and tried to put off the fires. Lieutenant Pravik was among the first commandants to arrive at the scene and he died in…

References

Alexey V.Y.; Vassily B. Nesterenko; Alexey V. (2009). Chernobyl: Consequences of the Catastrophe for People and the Environment (Annals of the New York Academy of Sciences) Wiley-Blackwell.

Berger, E.M. (2010). The Chernobyl Disaster, Concern about the Environment, and Life Satisfaction. Kyklos, 63(1), 1-8

Davletbaev, R (2001). Last shift Chernobyl. Ten years later. Inevitability or chance? Moscow: Energoatomizdat.

Jargin, S. (2012). Debate on the Chernobyl disaster: on the causes of Chernobyl overestimation. International Journal Of Health Services: Planning, Administration, Evaluation, 42(1), 29-34

During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.).

Part 1.2.1 - Civil Law is a legal system inspired by Ancient Roman law. In Civil law, laws are written into a codified collection that is a group of ideas and systems that work in tandem to help organize societies without the need for judicial interpretation. Overall, civil law is in place to formulate general principles and to distinguish substantive rules from procedural rules, and is based on the tenet that legislation is the primary source of law.

Conceptually, civil law is a group…

international relations: idealism vs. realism

The theories of international relations have been seen as a mechanism thru which practitioners in the area of international politics as well as scholars tried to explain the way in which international politics function and how the behavior of states and actors on the international scene can be anticipated.

The beginning of the 20th century was a period of deep consideration for international politics, given the First World War and its aftermath. The idealistic approach on international politics tried to explain the behavior states had after the end of the war and also define the period between the two conflagrations. The realist theory on the other hand appeared as a result of the Second World War and its aftermath and, although it took into account similar elements, the points made in reference to these elements were somewhat in contrast. There are several key issues that…

References

Griffiths. M. 1999. Fifty key thinkers in international relations. Routledge, London.

Guzzini, S. 1998. Realism in international relations and international political economy: the continuing story of a death foretold. Routledge, London.

Kissinger, H. 1994. Diplomacy. Simon & Schuster, London.

English Right of Set-Off and Combination in the Circumstance of Insolvency

The right of combination and set-off, as developed under English law offer a number of safeguards to banks and creditors in general. These rights were expanded under the principles that they were necessary to effect substantial justice and that they would stimulate economic growth and trade. In the following paper, I suggest that the judicial application of these rights has tended to unfairly favor banks at the expense of the individual customer, which may initially stimulate growth by encouraging banks to provide loans, but in the long-term may serve to deteriorate trade, particularly at the international level. Customers in other countries, particularly civil law countries, experience much more risk when they do business with an English bank, and hence may be better off refraining from bringing their enterprises there, or at any rate must be extremely careful in drawing…

Works Cited

Aldrich, George. The jurisprudence of the Iran-United States Claims Tribunal. New York: Oxford University Press (1996)

Collier, John & Lowe, Vaughn. The Settlement of Disputes in International Law: Institutions and Procedures. New York: Oxford University Press (1999)

Pritchard, Robert. ed. Economic Development, Foreign Investment and the Law: Issues of Private Sector Involvement, Foreign Investment and the Rule of Law in a New Era. Boston: Kluwer Law International, International Bar Association. (1996)

Jan Paulsson, Nigel Rawding, Lucy Reed, Eric Schwartz, The Freshfields Guide to Arbitration & ADR (2nd revised ed.), Boston: Kluwer Law International (1999)

Politics

International Trade-Offs

In international policy, as in the course of daily human life, self-interested actors must carefully weigh competing and often equally valid choices, and make for themselves some compromise between opposed values. It seems that as often as one is able to solve a problem, one notices that the very solution causes problems of its own. An unmitigated good is difficult to find even in one person's individual life, and it is even harder (if not impossible) to discover a national plan of action which will prove beneficial for every citizen and for the world at large. It seems inevitable that any policy which creates significant benefits somewhere along the line must at another spot be creating significant detriments for at least some subsection of the community. (This is even true with crime control, which benefits most citizens and penalizes those whose selves or families depend on illegal…

Bibliography

Andreas, Peter. "The escalation of U.S. immigration control in the post-Nafta era." Political Science Quarterly v113, n4 (Winter 1998):591

Art, Robert and Jervis, Robert. International Politics: Enduring Concepts and Contemporary Issues. New York: Pearson Longman, 2002.

Bush, George H.W. "Address to the Nation Announcing the Deployment of United States Armed Forces to Saudi Arabia," The White House, Washington, D.C., August 8, 1990 and George H.W. Bush "Remarks and an Exchange With Reporters on the Persian Gulf Crisis," Kennebunkport, Maine, August 11, 1990 http:bushlibrary.tamu.eduWeb accessed on 10 April 2003.

Global Warming Information." Global Warming. 2004.  http://www.globalwarming.org

The author explains that is the case because it would lead to complete chaos (Ikenberry 2005). In addition a neo-imperial system of American rule is too expensive and burdened with inconsistencies, and based on an exaggerated accounting of American power (Ikenberry 2005). The asserts that Likewise, there are an array of incentives and impulses that will persuade the United States to try to organize unipolarity around multilateral rules and institutions. The United States may want to renegotiate rules and institutions in some global areas, but it ultimately will want to wield its power legitimately in a world of rules and institutions. It will also have incentives to build and strengthen regional and global institutions in preparation for a future 'after unipolarity'. The rising power of China, India, and other non-Western states presents a challenge to the old American-led order that will require new, expanded, and shared international governance arrangements (Ikenberry…

References

Assem, Arjan van den and Volten P. (2006) POLITICAL CULTURE and INTERNATIONAL RELATIONS. Department of International Relations University of Groningen the Netherlands Paper prepared for the EpsNet plenary conference,

Ikenberry G. John. (2005) Power and liberal order: America's postwar world order in transition. International Relations of the Asia Pacific.

Volume 5, Number 2 Pp. 133-152

Litwak Robert S. 2002.The Imperial Republic after 9/11. Wilson Quarterly. Pgs. 76-82

Australia's Corporation Act 2004

Australia Corporations Corporation Act 2004

The purpose of this research is to investigate the Corporations Act 2004 (Cth) in relation to the protection it provides for investors of non-profit corporations. Through research of the Trade Practices Act, current case law and the Australian Investment and Securities Commission provide an overview of what has changed in the regulations for corporations in Australia in 2004 thus far.

Australian Supreme Court sated in 2003 that: "the governance of corporate entities comprehends the framework of rules, relationships, systems and processes within and by which authority is exercised and controlled in corporations." Australia has recently implemented new regulations which, enhance and harmonize corporation law.

The alignment of the regulations with elements that are known to be those of a competent and responsible board of directors in view of strategy determination, performance review, risk management, internal control regulation and reporting to shareholders…

Bibliography

Swire, Mary (2004) "New Australian Corporate Governance Regime Now in Force" Lowtax News Story 16 September 2004 [Online] available at  http://lowtax.net/asp/story/storyaus.asp ?

04-002 ASIC Focuses on Defective Debenture Prospectuses" (2004) Australia Securities and Investments Commission - 2004 Media Release 04-002 ASIC [Online] available at http://www.asic.gov.au.asic/asic_pub.nsf/byheadline/04-004+ASIC+focuses+on+defective

04-001 ASIC Protects over $456 Million in Shareholders Funds" (2004) Australia Securities and Investments Commission - 2004 Media Release 04-001 ASIC [Online] available at http://www.asic.gov.au.asic/asic_pub.nsf/byheadline/04-004+ASIC+focuses+protects+over+$465

Parliamentary Secretary issued to Treasurer (2004) Corporation Amendment Regulations 2004: Statutory Rules 2004. [Online] available at: www.asic.com

UK Immigration Act of 1971 and Its Enforcement with espect to Administrative emoval/Deportation when Articles 3 and 8 of European Convention of Human ights are Engaged

Following the terrorist attacks of September 11, 2001, many observers stated that "nothing would ever be the same again" and in some ways they have been absolutely correct. While the United Kingdom continues its inexorable march to become fully integrated into the burgeoning European Union, a number of obstacles remain firmly in place that relate to the perceived need by the UK government to better control movement of foreigners within its borders. The purpose of this study was to provide an examination of the UK Immigration Act of 1971 and its enforcement with respect to administrative removal or deportation when Articles 3 and 8 of European Convention of Human ights are engaged. This study used a three-chapter format to achieve this research purpose. Chapter…

References

Apap, J. And Carrera, S. 2004, "Maintaining Security within Borders: Toward a Permanent State of Emergency in the EU?" Alternatives: Global, Local, Political 29(4): 399.

Barav, A., Wyatt, D.A. And Wyatt, J. 1998, Yearbook of European Law, Vol. 17. Oxford: Clarendon Press.

Bello, J.H. 1995, "Community Competence to Conclude Certain International Agreements." American Journal of International Law, 89(4): 772-789.

Brown, J.M.and Louis, W.R. (Eds.). 1998, The Oxford History of the British Empire, Vol. 4. Oxford, England: Oxford University Press

As a result, liberal international institutions broke down. Conversely, ineffective international institutions compounded national economic difficulties. (Holm & Sorensen, 1995, p. 148)

Following World War II, the United States assumed a leadership role in developing new types of international institutions. For example, the General Agreement on Tariffs and Trade (GATT) provided for a liberalization of international trade, the Bretton Woods framework created a fixed exchange-rate system (which lasted until 1971), and the International Monetary Fund controlled the flow of credits until the mid- 1970s and once again from the early 1980s thereafter; in addition, these authors note that the EEC institutionalized a free-trade area in the heart of Western Europe at this time (Holm & Sorensen, 1995). According to Mingst (2006) international institutions are defined as those they are comprised of membership from at least three states, having activities in several states, and whose members are held together by a…

References

Burke, T. (1997, June 20). The buck stops everywhere. New Statesman, 126(4339), 14.

Calestous, J. (2005, March). Biotechnology in a globalizing world: The coevolution of technology and social institutions. Bioscience, 55(3), 265.

Danks, C.J., & Kennedy, P. (2001). Globalization and national identities: Crisis or opportunity? New York: Palgrave.

Debrah, Y.A., & Smith, I.G. (2002). Globalization, employment, and the workplace: Diverse impacts. London: Routledge.

Intrenational Business

Governing Language

Governing Law and Forum Selection

Arbitration

Boilerplate Language in International Contracts

USA-Brazil Trade: ules of Trade

Other Important Agreement and Laws Governing U.S. and Brazilian Trade

Comparison of Arbitration in South Carolina and Brazil

Conflicts arising out of contracts between international trading parties are on the increase with the rise and increase in international business and international trade. The courts that would hear and decide matters related to business conflicts between trading partners would look to the express terms of the contract as well as the applicable law within which the contracts have been formed and agreed upon by the two parties belonging to two different countries when one party considers the other party's actions to be a breach of the contract. The legal contract and the contents of the contract would be the basis on which courts would decide in arbitration cases and in cases…

References

Ahmadi, Maryam, and Leila Ahmadi. 'Intellectual Property Rights Of Nanobiotechnology In Trade Related Aspects Of Intellectual Property Rights Agreement (TRIPS)'. j bionanosci 6.1 (2012): 56-64. Web.

Bacc-ga.chambermaster.com,. 'News - Brazilian-American Chamber Of Commerce Of The Southeast (BACC-SE)'. N.p., 2015. Web. 3 Nov. 2015.

Bahmani-Oskooee, Mohsen, Hanafiah Harvey, and Scott W. Hegerty. 'Brazil -- "U.S. Commodity Trade And The J-Curve'. Applied Economics 46.1 (2013): 1-13. Web.

Berger, Klaus Peter. Private Dispute Resolution In International Business. The Hague: Kluwer Law International, 2006. Print.

Part 1
Both the Trail Smelter and the Chernobyl episodes greatly affected the evolution of international environmental law. The smelter operation at Consolidated Mining and Smelting Company at Trail, British Columbia, had caused damages across the border in Washington State. Arbitration settlement resulted in Canada agreeing to pay the US $350,000 for damages accrued by the fumes from the smelting operation prior to 1932.[footnoteRef:2] With Chernobyl a half century later, the nuclear reactor meltdown and fallout damaged the environment in Belarus, Ukraine and Russia, along with several other European states. Three consequences from these two episodes in shaping the new regime of international law were that: 1) they established harm principles, which 2) shifted to regime responsibility by the end of the century, which resulted in 3) the establishment of climate justice at the Paris Agreement of 2015. Each of these consequences can be seen in concrete ways, particularly when…

Bibliography
Akehurst, Chapter 16: Environment.
Ewing-Chow, Michael and Darryl Soh , “Pain, Gain, or Shame: the Evolution of Environmental Law and the Role of Multinational Corporations.” Indiana Journal of Global Legal Studies, vol. 16, no. 1 (2009), 195-222.
Mueller, Benjamin and Mark Landler, “UK Court Blocks Heathrow Airport Expansion on Environmental Grounds,” New York Times, 27 Feb 2020.
REPORTS OF INTERNATIONAL ARBITRAL AWARDS: Trail smelter case (United States, Canada). 16 April 1938 and 11 March 1941. VOLUME III. NATIONS UNIES - UNITED NATIONS (2006), pp. 1905-1982.
Schwartz, John. “In Strongest Climate Ruling Yet, Dutch Court Orders Leaders to Take Action,” New York Times, 20 Dec 2019.
Shaw, Malcolm. International Law. Cambridge University Press.

Terrorism

The September 11, 2001 terrorist attacks marked a moment in history that will forever change the way the world views terrorism. Because of the attacks, if one is labeled a terrorist in the present day, or is accused of an act of terrorism, these words carry far more severe consequences than it would have in the past. Along with altered responses to terrorism, domestic and international law has altered policy towards terrorism, leading to an evolution of antiterrorism efforts. But what defines a terrorist in the eyes of the world? What types of terrorism exist? Ultimately there are general causes and effects of terrorism. This essay hopes to understand such things and recognize terrorist activity in the present day. esearch will also highlight past and will help shed light on whether or not international response is necessary. Since terrorism is a global concern, international response may be crucial to…

References

Coolsaet, R. (2011). Jihadi Terrorism and the Radicalisation Challenge: European and American Experiences. Ashgate Publishing Group.

Jenkins, B., & Butterworth, B. (2015). Troubling Trends in Terrorism and Attacks on Surface Transportation: The Outlook Is Grim, but People Still Have a Great Deal of Control. Retrieved from  http://scholarworks.sjsu.edu/cgi/viewcontent.cgi?article=1153&context=mti_publications 

Kucukaltan, D. (2006). Tourism and terrorism. New York: iUniverse.com.

Saul, B. (2012). Terrorism. Oxford: Hart Pub.

Scientific and Political Aspects

of Genetically Modified Foods

While there is little controversy over many aspects of biotechnology and its application, genetically modified (GM) foods have become the target of intense controversy. This controversy in the marketplace has resulted in a firestorm of public debate, scientific discussion, and media coverage. The countries most affected by this debate are Middle Eastern and third world countries, who stand to reap the benefits of solving widespread starvation, and countries such as the United States, as strong suppliers of genetically modified foods. The world's population is predicted to double in the next 50 years and ensuring an adequate food supply for this booming population is already a challenge. Scientists hope to meet that challenge through the production of genetically modified food plants that can help in warding off starvation as the world's population grows.

Although "biotechnology" and "genetic modification" commonly are used interchangeably, GM…

Bibliography

"A Rice Dilemma." Social Issues Research Center. 2002. Social Issues Research. 13 Dec. 2004



Bredahl, Lone. "Attitudes and Decision Making With Regard to Genetically Engineered Food

Products -- A Review of Literature and a Prescription of Models for Future Research." Journal

International Human ights, Women and Gender

International Human ights: Women and Gender

Women are the most assaulted segment of the human society. A shocking statistic reveals that a majority of the females are subjected to violence and sexual violence by the time they reach their late teens (Fergus, 2012).

Definitions of Violence against women, constitutes the mental and physical torture they are subjected to by way of restricting their right to freedom in the broader sense of the term. The crimes and exploitation against younger girls implies, by definition, violence based on gender discrimination. It has been observed that this act of violence is fallout of the negligence shown towards equality of the female child and womenfolk in general (Fergus, 2012).

The act of violence exposes the women and specifically the younger female child to isolation, loss of identity, unhealthy overall development, psychological and social stigma (WHO, 2006) and hence…

References

Arbour, L. (2007). Human Rights. Yes! Human Rights Resource Center, University of Minnesota.

Bhattacharya, D. (2013). Global Health Disputes and Disparities: A Critical Appraisal of International Law and Population Health. Routledge.

CEDAW (n.d.). Strengthening Health System Responses to Gender-based Violence in Eastern Europe & Central Asia: A programmatic package. A United Nations Publication.

CEDAW. (2010). General recommendation No. 28 on the core obligations of States parties under article 2 of the Convention on the Elimination of All Forms of Discrimination against Women. United Nations Publications.