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Anyone who has ever seen a car with a diplomatic license plate parked illegally will seethe and curse diplomatic immunity as a concept. However, without diplomatic immunity, U.S. diplomats would be subject to the laws of Islamic states, or states whose values and principles they found abhorrent. Furthermore, remember: "First and foremost, the diplomat is still covered by the laws of his home country, and may be prosecuted under those laws for any crimes he commits in the host country. Moreover, the privilege of immunity belongs to the home country, not the individual diplomat," in short, a diplomat functions on U.S. soil as if he or she was still living in his or her home nation, the diplomat is not above all laws (Zotti 2005). To allow international exchanges to take place, diplomatic immunity is a necessary evil so that nations with opposing systems of morality and law can…… [Read More]
The recognition of the need for a multilateral agreement with the world's major whaling nations on board was landmark, and paved the way for other agreements in future, such as the near-global ban on the ivory trade.
Another significant conference was the so-called "Earth Summit," in Rio de Janeiro in 1992. This summit resulted was the United Nations Framework Convention on Climate Change, and produced non-binding commitments by signatory nations to reduce their output of greenhouse gases.
An ongoing conference is the meeting of the International Commission for the Conservation of Atlantic Tunas, which is currently meeting in Brazil and will consider the fate of the Atlantic bluefin tuna, whose stocks have become severely depleted in manner similar to the experience of the whaling industry in the early part of the 20th century.
Many agreements have entered into international environmental law. A binding agreement that flowed from the UNFCCC was…… [Read More]
hat possible restrictions might the business face in conducting its business operations?
There are two types of foreign investment: indirect investment and direct investment. Direct investment involves placing physical assets in the foreign country such as building a plant, or establishing a store front. Indirect forms of investment involve activities such as financing, forming strategic partnerships, joint marketing efforts or other activities in which the foreign company does not physically occupy the country of investiture.
Foreign investment of any type is risky simply due to the unfamiliarity of the location. The company will have to explore different customs and deal with different laws and regulations than they are used to. They will have to establish brand equity in the new country, which can be difficult due to language and cultural restrictions. The company will have to confront any political situations that may exist as well as the stability of the…… [Read More]
International Laws and Terrorism
Most would agree that peace and negotiation is preferable over war. However, we as humans, know that this dreamy ideology is often difficult to achieve. War is a part of human history and will be likely to continue to be far into the future. International laws recognize the inevitability of war and have adopted several sets of international legislation that govern the conduct of war. If a person is caught breaking these rules, even under the most hostile of situations, they can be tried for war crimes and punished accordingly. Legislation such as the Hague ules of Warfare and the Geneva Convention were enacted when war was a different matter than it is today. This research will explore these bodies of legislation and their relation to terrorism and the more modern idea of 'wars of liberation'.
Laws of war set forth the conditions under…… [Read More]
The judges of the Court of Appeal consequently ruled that this Convention applied to the transportation between Paris and Dublin. This overrode the airline's terms and conditions including those limiting its liability. Appeal Courts can review findings of fact, but more importantly business people responsible for shipments must understand their contracts and the implications of the various Conventions. This must be backed up by appropriate goods-in-transit insurance. The result is more administration and paperwork by keeping records of consignments and their values. If goods go missing, so that customers rightly refuse to pay their invoices, businesses must have sufficient compensation to put matters right (alker 2007, Conclusion section, ¶ 1-2).
Hans Lehmann (2006), Victoria University of ellington, New Zealand, explains that the traditional freight forwarder's market consists of managing the door to door transportation of goods which measure larger than parcels, yet smaller than bulk. The forwarder's market resells transport…… [Read More]
After several analyses of the topics proposed, the conclusion is that the research methods that the thesis will use are multiple and interconnections between them are crucial for the positive delivery of the research questions. By using the historical method, the context of various international law breaking episodes is better understood as this has a huge value for the decision of a certain country. In a different historical context, the same country could chose to respect international law even if its interests and long-term strategies would be the same as in a negative example. This is also very visible in cases of countries that have changed their socio-economic strategies not as a result of their IMF or World Bank accords, or due to their commitment to a UN document, but because the historical context allowed for various sacrifices to be made. Also, by using the historical method in connection with…… [Read More]
international laws or aspects of law that must be adhered to by iordan and an outline of these steps for employees to adhere to these laws
This is written with the intention of creating a plan that incorporates the three-pronged framework of the Committee of Sponsoring Organizations (COSO) to provide parties with an all-around directive for managing the legal liability of officers and directors of iordan.
The plan details how to handle situations when parties violate laws or laws are in question (such as when to call in legal counsel, what rights employees have, or who to turn to or when to take action against iordan).
The plan also includes:
details of eal and intellectual property
-Governance principles of regulatory compliance requirements
the aspects of law that iordan must adhere to and an outline of steps for employees to adhere to these laws
To simplify this structure as much as…… [Read More]
international law. The text class "Legal Aspects International Business: a Canadian Perspective," Second Edition Mary Jo Nicholson. I uploaded requirements essay outline document. Now topic essay long an international legal issue relates business.
The growth and significance of NGOs
Non-governmental organizations or NGOs, as they are commonly referred to, have been instrumental in promoting economic and social development in both developed and developing countries. The term NGO stems from the late 1980s when these organizations began to become part of the development and research agenda in fields such as democracy building, human rights, conflict resolution, cultural preservation, policy analysis, environmental activism, research, and emergency response. NGOs have become important players in development at local, national and international levels. However, this is contrasted by the argument of few that NGOs have proven to be hindrances to development David Lewis & Kanji, 2009.
By considering ways in which NGOs have become associated…… [Read More]
IOS of Authors
The author of this report will be writing short biography summaries for seventeen different authors and pundits within the transitional justice scholarly sphere. About a third to half a page will be dedicated each. The names involved include William Schabas, Ryn Slyle and Dapo Akande. The background, ethnicity and famous works (if any) will be given for each. While there are varying beliefs and backgrounds with the authors, there is still a general pattern among them that should be taken seriously.
Schabas is a white male that is in his 60's and lives in the greater Toronto area. He is a professor at Middlesex University in the United Kingdom. His lineage includes a strong Jewish presence. He is a massive proponent if abolishing the death penalty as a form of criminal punishment. He also sought to form and shape the definition of genocide. Regarding…… [Read More]
international law affect state behavior?
How does international
Law affect state behavior?
International law has been established in order to create civil relations between countries. However, the International Court of Justice has no power to enforce either laws or judgements on the states that violate those laws, and States can obey or disobey the ICJ decisions as they see fit. Usually the states breaking international laws interpret them in a way that benefits them and justifies their actions. (International Law) There is much controversy regarding international law and the effect it has on individual states, especially considering that there are numerous cultures that are traditionally accustomed to performing tasks that act in disagreement with the legislation imposed by the international law system. Whereas in the past it was relatively difficult for states to comply with the necessary requirements accompanying the implementation of international law, conditions have gradually changed and more…… [Read More]
Legal Brief: Democratic Republic of Congo versus Belgium , International Court of Justice 1
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…… [Read More]
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…… [Read More]
The case involving Milosevic was has different sub-plots, as he would claim that the actions he took were to prevent the country from being overrun by terrorists. Yet, at the same time, as some of these atrocities were being committed, NATO would attack Serbia in an effort to halt these violations. In this aspect, one could argue that the actions taken by NATO were in violation of international law. As they were not supported by a UN mandate, instead the actions were NATO countries working in concert with one another to go after Serbia. This is despite the fact that Serbia did not attack any of NATO allied nations.
When you look at the situations from the realist perspective, they would argue that the application of different international standards is an attempt to circumvent the power of the nation state over its people. Where, the ICC is unilaterally determining what…… [Read More]
It has given a clear signal to unscrupulous tyrants and murderous dictators around the world that they have no place to hide. Earlier, they could escape prosecution for their crimes by brow-beating or manipulating the judicial system in their own country; the expanding reach of international law has now made it possible for them to be answerable for such universally unacceptable crimes (Kenneth Roth).
The benefits of international law are also recognized by private business. For example the U.S. Apparel Industry Partnership has voluntarily agreed to a standard code of conduct that prohibits forced labor, child labor, and workweeks exceeding 60 hours. This has had a significant effect on the operation of U.S. companies in poor countries and helped to prevent the cruel exploitation of cheap labor (Ratner 71). The signing of the "Sullivan Principles" by more than 100 U.S. companies in 1977 that call for desegregation in the workplace,…… [Read More]
S. policymakers about the international consensus on questions and issues. The U.S. thus uses international law in its foreign policy and also contributes to its formation and development. This is why it formally recognizes and respects fundamental rules and principles as guide to its foreign policy (Joyner).
However, American foreign policy has not focused very much on international law (Rivkin and Casey 2000). Since the end of the Cold War, many international organization have struggled to modify the traditional law of nations governing the relationships between States into an international regulatory code. This intended and new international law would also govern the relationship between citizens and their government. It would regulate primary domestic issues, such as environmental protection and the rights of children. It would also virtually eradicate the use of military force, avoid all civilian casualties during combat, promote the equitable criminal prosecution of individual state leaders or officials…… [Read More]
Efficiency of the international laws
There has been a growing concern over the international law and the application of the same bearing the different settings and backgrounds against which these laws are applied. As they are international laws, so they are taken to be universal with the difference in the reality one the ground differing from one country to another, one continent to another, being of little or no significance at all. Here then comes the issue of the efficiency of these international laws and their universal relevance hence the sustained questioning of the relevance of some of these international laws in given setting.
It is presumptuous to insinuate that the international laws can apply in a universal applicability of the international law since to some extent it is bound to lose touch with the realities of member states hence rendered irrelevant and inefficient. The international law and…… [Read More]
This is an important issue and a number of commentators and critics have decried this loss of respect for international law. One commentator refers to the words of the politician and sociologist, Daniel Patrick Moynihan, who said that, "...there is nothing quite to compare with the falling from the American mind of the idea of the law of nations" (Kinsley). He also stated that,
At the beginning of Gulf ar II, we forgot... international law. e forgot international law once again. hen the U.N. Security Council would not play ball, we declared that our own invasion of Iraq was justified as a sovereign act of long-term self-defense against potential weapons of mass destruction, by the human rights situation within Iraq,
Therefore, this is a cardinal area of international law that is in danger in the present age.
On the other hand, there are areas of international law that have…… [Read More]
The objective of this work in writing is to examine what it means to 'keep the peace' in the present age and the world facing challenges and threats of unprecedented scope, scale and complexity. The question addressed in this research is that which asks where in such endeavors are the existence of international institutions and legal doctrines likely to suffice and where are international institutions and legal doctrines likely to fall short?
The ole of International Law in the Modern World
In the National Strategy for Homeland Security it is stated that "virtually every community in America is connected to the global transportation network by the seaports, airports, highways pipelines, railroads, and waterways that move people and goods into, within, and out of the Nation. We must therefore promote the efficient and reliable flow of people, goods and services across borders, while preventing terrorists from using transportation conveyances…… [Read More]
Part of the process for determining which behaviors or actions are identified as internationally criminal pertains to the magnitude of the crime in question. The sort of crimes that are typically prosecuted as internationally criminal are those that involve crimes against humanity. For instance, mass murders and political killings often fit into this category. Additional crimes that are frequently identified as internationally criminal include crimes associated with wars. Another part of the process for determining the actions that are identified as internationally criminal includes the perpetrators of those crimes. Oftentimes, these people hold high social and political ranking in the countries in which these crimes occur. As such, they are not likely to get prosecuted in their own country unless the political climate changes or as a means of helping them to avoid an international trial.
There are some instances in which the behaviors of individuals tried within…… [Read More]
The new law has prosecuted 426 traffickers in 203 cases. These traffickers had 844 victims in that year alone. This law imposes penalties from 10 years imprisonment to life imprisonment (Kyodo).
Myanmar: Effective or Not?
The capacity of the national government in fighting the problem of human trafficking has been limited (UNODC 2007). It is particularly limited in implementing policy changes in remote areas where traffickers operate. Anti-trafficking groups are looking into the situation. The UNODC addresses the issue by implementing projects and participating in partnership initiatives in the country. These projects and initiatives include increasing public awareness of the problem, provision of technical assistance for the law enforcement sector and the judiciary, greater and easier access to service providers and enhancing their capabilities (UNODC).
Reports say that Cambodia is a source, transit and destination country for human trafficking (HumanTrafficking.org 2009). Human traffickers consist of organized crime syndicates, parents,…… [Read More]
The United States and the rest of the coalition members all argue that there was enough authority in the resolutions that already existed from the Security Council to justify using force for the invasion of Iraq. On the 10th of November of 2002, Secretary of State Colin Powell indicated that the United States believed that there were material breaches in the past, as well as new and current material breaches that necessitated enough authority to take action.
Iraq consistently violated many of the Security Council resolutions created by the United Nations and many of these dealt primarily with inspection of facilities and disarmament. Because Iraq continually violated these resolutions the rationale for military action came about largely from this issue. The fact that the terrorist attacks had taken place and there were possible links between Iraq and Al Qaeda also caused much of the tension. The disregard for these resolutions,…… [Read More]
And Article 25 of the Charter enjoins all members to "... accept and carry out the decisions of the Security Council (Turner)."
On the other hand, leading lawyers contended that ritain would violate international law if it also used armed force against Iraq like the U.S. (Waugh 2002). Two leading barristers Rabinder Singh QC and Alison MacDonald said that the use of force against Iraq would be justified only if its leaders directly attacked ritain or its allies or an attack was imminent. They added that the attack should not be one that could be averted except with the use of force. They required the UN Security Council to authorize the use of force in concrete and "clear terms." They believed that Security Council resolutions did not authorize such use of force against Iraq. The United Kingdom was not entitled to that last recourse. Another barrister said that the UK…… [Read More]
The international law is the universal rules and principles guiding the conducts and relations between nation-states, and international organizations. The modern concept of international law started in the 17th century, and has been accepted as the rules and conducts guiding the relations among nation states. In the contemporary international environment, rules and principles guiding the states' conducts have become critically important to maintain international peace and security, and preventing violation and aggression. However, the principle of the international law prohibits the use of force against other state actors except where the security council authorizes the use of military force to restore the international peace or where a state uses the force as a self-defence. In the international arena, nation states have been found using the overt and covert method to exercise military interventions against other states. However, a self-defense is one of the major factors that provokes a state to…… [Read More]
Reasoning with clear ideas and examples, what are at least two of the main justifications for the legitimacy, authority, and usefulness of the UN, and two of the main criticisms?
Legitimacy means the acceptance and right of a given authority such as a law for governance, or a specified regime. Legitimacy refers to a whole set of governance system. On the other hand, authority refers to a specified position in a government. Government on its part refers to a sphere of influence. Any authority is perceived to be legitimate if it practices the mandate to use power justifiably. Legitimacy is, primarily, the most important ingredient for governing. If a government does not have legitimacy it is likely to encounter legislative deadlock (City, 2015. 2).
The mandates of the UN are basically normative. They aim to preserve peace, protect human rights and to promote development. The plans for operations are ideally…… [Read More]
In the past few years, there have been a number of key meetings of about environmental issues. The ongoing discussions with regards to the fate of the soon-to-be extinct bluefin tuna illustrate the frustrations of trying to reach environmental agreements. Nations responsible for the management of the resource ignore scientific advice and pursue their own interests to the detriment of the common good, and resist any effort to change the practice (Gronewald, 2009). Other conferences trend along the same line -- small groups of nations meeting to hammer out specific policy details. The Environmental Law Roundtable of Australia and New Zealand is one such example. The UNEP (United Nations Environmental Programme) chemicals roundtable was a conference that discussed specific areas of concern with respect to chemical pollution.
There are many international agreements that govern the environment. The best-known is the Kyoto Protocol of the United Nations Convention on Climate Change,…… [Read More]
International law: Paralegals in this field may work for government agencies that deal with international trade or multinational firms. Expertise in foreign languages is preferred.
Corporate law: Paralegals in this field assist "with employee contracts, shareholder agreements, stock-option plans, and employee benefit plans. They also may help prepare and file annual financial reports, maintain corporate minutes' record resolutions, and prepare forms to secure loans for the corporation" (Paralegals, 2009, BLS).
Criminal law: In criminal law practice, paralegals are often given the task of identifying "appropriate laws, judicial decisions, legal articles, and other materials that are relevant to assigned cases" (Paralegals, 2009, BLS). They may depose witnesses, keep track of evidence, or more generally monitor the progress of cases through the criminal justice system.
Litigation: Litigation paralegals "analyze legal material for internal use, maintain reference files, conduct research for attorneys, and collect and analyze evidence for agency hearings. They…… [Read More]
Operations of International Law and Organizations
eason MNCs have become important in International elations and Law
International law is defined as a set of rules and customs governing the relationships among nation-states. Traditionally, nation-states are considered the principal actors of international law, however, there are an increasing number of other actors that influence the conduct of international relations. MNCs (multinational corporations), international organizations, domestic actors and individuals are increasingly influencing the conduct of international relations. Along with nation-states, MNCs are very important actors in international relations because their activities can influence the international affairs. A multinational corporation is a business entity that has sales operations and productions in several countries. In the contemporary business environment, many MNCs have immense financial resources, which are more than the annual budgets of many countries in Africa, Asia, and Latin America. With their huge financial resources, they have the power to influence a conduct…… [Read More]
Cosmopolitanism International Law and the Persistence of the Sovereign Nation-State
Seyla enhabib can only point to the European Union as an effective and practical example of transnationalism or post-nationalism in today's world. International law and organizations have certainly become more important than they were in 1945, but integration has proceeded much farther in Europe than any other region of the world. Today, this has become a political, social and cultural arrangement, not simply a free trade zone established to create larger markets for capitalist interests. Most rational observers would agree that this has been beneficial for all concerned and that the condition of Europe today is far preferable to that in 1918 or 1945. Will Kymlicka has no argument against European integration per se, and even welcomes the expansion of liberal nation-states to areas once ruled by fascists and Communists. His main argument with ehabib is that the nation-state cannot…… [Read More]
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:…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
For example, the company has consistently focused on identifying the optimal source for its aircraft components. To date, the company has outsourced more than 50% of its total manufacturing needs to overseas suppliers, resulting in $600 million in cost savings annually. The parts needed for a given aircraft are then delivered to the company's Everett plant where just-in-time principles reduce inventory levels and provide further cost savings. This approach has been met with some protests from Boeing workers, though, but the company counters that it is not possible to remain competitive without using this outsourcing strategy. Moreover, in many cases, when foreign countries purchase aircraft from Boeing, one of the stipulations includes that at least some of the work on the aircraft will be performed in that country (Heizer & ender, p. 27).
The supply chain managers at Boeing therefore have their job cut out for them when it comes…… [Read More]
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…… [Read More]
International Sales Contract
Ross T. Smyth and Co. Vs. TD ailey Son & Co  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.  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.…… [Read More]
' (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…… [Read More]
" 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…… [Read More]
" (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…… [Read More]
International Legal and Ethical Issues Simulation Summary
Addressing International Legal and Ethical Issues Simulation Summary
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
Governing Law and Forum Selection
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]