Abstract The following study intends to analyze the evolution of theories regarding the recognition of states in international law. Whereas the Montevideo Criteria contains the legal requirements for statehood, recognition is largely dependent on the political will of the other states. The question faced by the contemporary international community is whether a state is held to recognize another if it...
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Introduction Common law as we know it, also known as case law, can be defined as the system of law that is based on judges' decisions and on customs rather than on laws that are written. In other words, it is comprised of a set of unwritten laws based on precedents recognized by the courts. It is also important to...
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Abstract This essay brings an opinion to 2 cases: Newcrest Mining (WA) Ltd v Commonwealth and Western Australia v Ward. The first case argues that Australian laws overlook certain fundamental rights that would otherwise be covered by interpreting international laws. Therefore, it should be incorporated into the interpretation process of legislation and the constitution. The second case dissents this to...
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1. Identify the areas of law that are relevant to the chosen media report, and explain how they are relevant to the matters outlined in the report. This media report is based on the article from 31/07/2019 by Robyn Ironside “Widow sues CASA over Tiger Moth pilot’s fatal crash” Tort Law The main aspect of this article is that a...
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It is an inaccurate belief by abiders of the common law system that ‘judges play the central role in all legal systems.’ Religious, customary, and socialist legal systems and traditions, for example, do not revolve around judge-made law as common law does. This essay, however, will only deliberate the essential differences between common law and civil law systems. Comparisons will...
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Introduction to Domestic and International Laws Laws are systems of rules which are enforced in countries and states to control behavior. Domestic law is the name given to the law or legal system within a specific country, whilst International Law is the body of law that governs the relationship between multiple nations. These systems are created, applied, and enforced in...
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Question 1 – Compulsory Northumberland County Council’s main concern is their entitlement to the money that was entrusted to Aleena, their employee, and any remedies that will enable them in the repossession of the expended money. In order for the Council to retrieve the monetary sum, the trusted money can be traced through Aleena’s own account and her distribution of...
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Business Law The sale of the Rolex and Louis Vuitton bags by Mike Merchant is a misrepresentation because he is claiming to potential customers like Suzy and Samuel that the goods are real. Intentional misrepresentation which is also known as fraud is described when the party intends to induce another person to rely on this misrepresentation(Cheeseman). Mike could argue that...
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Does Growth Opportunity Moderate the Relationship between Leverage, Dividend Pay-out Ownership Concentration & Firm Value? Introduction Back Ground of the Study Corporate finance initially started with the assumption of complete and perfect market. It argued that fund raising is independent of its capital structure by assuming perfect competition cost, no agency cost and no bankruptcy cost, no transaction cost. Modigliani...
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Introduction War is changing from conventional conflicts between nations to ‘small-wars’ as counterterrorism, counterinsurgency, ethnic and religious conflicts (Rochester, 2016, s. 10). The change is from interstate war to new wars involving nonstate actors and armed forces. The modern warfare post challenges to the United Nations (UN) Charter, the Geneva Conventions and other legal documents since they originated during World...
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The English word law has its starting point in the Old Norwegian word truly signifying “set down” which may allude both to something saw as a characteristic wonder, for example, the sun rising and setting each day, or to a lead set by people for controlling their shared conjunction. Henceforth, two sorts of laws might be recognized, to be specific,...
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Criminal Law governs the society we live in by deeming what citizens living within its jurisdiction can and cannot lawfully do. Criminal Laws consists of statutes and common laws put in place by ruling governments or can based on previous case law. The laws are in place to help societies function in a fair and peaceful way and should be...
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Organisational Culture – The morals and behaviors of staff can have a massive impact on its culture which ultimately affects the employment relationship, especially if that culture is negative. It’s important to build a culture where employees have their job satisfaction and their work happily and at the same time cooperate with the management team. Culture ultimately shapes the employees’...
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The concept of equality requires equity to prevail. However, the history of social development is itself the past of inequality - between countries, race, culture, class, caste, faiths and sexual orientation. In between this chaos, the issue of women's rights reveals itself most prominently, cutting through all the stratums of social arrangement. In this regard, it is pertinent to quote...
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The fast-paced development of digital technology has opened a pandora’s box of new behaviours under online abuse, which negatively impacts individuals of all ages, particularly young people. The government’s task of successfully classifying online abuse as criminal offences, is becoming increasingly difficult. A topical issue is the problematic area of the criminal law surrounding ‘revenge porn’. This is defined as...
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Even if none of the parties raises a claim of illegality in the course of arbitral proceedings, the tribunal might still be obliged to look into the issue sua sponte in light of its obligation to apply mandatory provisions of the law applicable to the dispute. For the arbitrators, criminal law is a mandatory rule of law. Under this scenario,...
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A career is significant for each individual because of numerous advantages. A decent and stable career, for example, gives stability and genuine feelings of serenity throughout everyday life. Being guaranteed a stable income flow, we are spared a lot of stress and uncertainties that life brings in its wake without a career. Subsequently, individuals continually searching for a decent and...
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This essay will introduce us the definitions of false memories and eyewitness testimonies as well as what they are and also what literature has told us about them. The aim of this essay is assessing how reliable the eyewitness testimony and explained how false memories can be created and implemented in the memory, this would also be backed by studies...
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Cyber law emerged as the society developed, the modern technology evolution made human progress and also gave rise to new problems which one of them is cyber criminality. As computer technology improved from accessing websites for research to communicating, making transactions, sharing and storing important data with people round the world through the internet. The computer increased our capacity to...
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Air pollution in the UK is regulated under various statutes. The question regarding their efficiency however, still remains debatable. Whilst most cases have been brought forward via the tort of nuisance, there are a few instances where individuals and companies have been prosecuted for environmental harm (including air pollution). Prosecutions for environmental harm are relatively new in England & Wales...
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We all know that the law of Bangladesh prescribes different punishments for different crimes. Similarly, the Code of Criminal Procedure which is called the Criminal Code. It is a law regulating criminal activities in Bangladesh. There are currently 365 sections in the CrPC. One of the controversial sections is Section 54. Section 54 basically provides for the arrest of a...
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In this essay I will argue that the operation of drones should be ban in international law. Drones in their general definition are unmanned aerial vehicles operated by a pilot who may be thousands of miles away from where the drone is flying. Originally, drones were designed as reconnaissance aircraft or in other words an exploratory military survey of enemy...
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Throughout this text there will be a coherent and short explanation of the Evolution of the Roman Law. The History of Roman Law is divided in four main important periods. It begins with the Monarchy, also known as Regal Period. Stablishing the state division of power and the form in which the law was applied. Furthermore, it advances to the...
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Myths and Legends Romulus and Remus were the founders of the city of Rome in Roman mythology. In Roman mythology they were twins. Their mother was the priestess Rhea Silvia, and their father was Mars, the god of war. The two brothers later quarreled over who should get the support of the local god to name the new city, and...
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Law is a system of rules that are created and enforced through the social or governmental institution to regulate behaviour. Law is symbolized by goddess Mart a lady justice who has weighed fold in hand indicating that justice should be impartial without and regardless of money, wealth, power and identity. This is a basic principle in Indian Law. India maintains...
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Transnational policing is most frequently quoted as a solution to organized crime. Organized crime is a global phenomenon beyond the scope of any one agency or jurisdiction to deal with alone. So cooperation, international law enforcement, mutual legal assistance and transnational criminal investigation and knowledge or information helps to control the risk of such crime across the world. The capacity...
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There are two different categories of remedies available: self-help and judicial. Self-help remedies are without the involvement of the court and only available in material breach cases. Among the kinds of self-help remedies are rescission and retention. Rescission occurs when the innocent party decides not to continue with the contract and cancels it as if it never happened. If a...
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Civil law systems, also called continental or Romano-Germanic legal systems, are found on all continents and cover about 60% of the world. They are based on concepts, categories, and rules derived from Roman law, with some influence of canon law, sometimes largely supplemented or modified by local custom or culture. The civil law tradition, though secularized over the centuries and...
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Intellectual Property violation is an out breaking criminal offense in the UAE. Many traders sold unlocked set-top-boxes which given access to several free exclusive channels. The circumstances fall under the Federal Copyright Law No. 7 and Federal Trademark Law No. 37 of protection laws of IP which considered acting against the trades for such criminal activities. Formal charges under Federal...
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Intellectual property (IP) is intangible and it was protected by law, such as patents, copyright, trademarks and trade secret law. It is used to ensure any work that is creative such as invention of people can legally protected under the law. As an example of Siva Vaidhyanathan. He is best known for her writing in cultural criticism. He is concern...
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