Is international law Really a law? The most seen to; issue regarding those who study international law is whether or not it can be seen as ‘real law’. There are two different types of thoughts that can be perceived through this, one being from the realist view and the other from a liberal view. I will be looking at both...
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Eurocentrism is under challenge in international law today.[footnoteRef:1] One may ponder what is eurocentrism. The term ‘Eurocentrism’ denotes a world-view that posits European history and values as “normal” and superior to others, thereby helping to produce and justify Europe’s dominant position within the global capitalist world system.[footnoteRef:2] In order to understand how eurocentrism had continuously affected the making of international...
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In the United States, torte law has become a major issue that has gotten out of control. In the nineteenth century, classic tort has been identified as a civil wrong, other than a failure of contract that causes injury where a victim can get a judicial remedy- in the form of damages. This broad definition requires clarification in many ways,...
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Critical Analysis of the Extract of Lady Hale’s Judgement Introduction Throughout this essay, I will critically analyse the extract below from Lady Hale’s judgement in the case of Woodland v Essex County Council and to what extent this statement reflects the judicial approaches in the law of torts. The extract states: ‘The common law is a dynamic instrument. It develops...
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To explain the evolution of Equity with regard to cases and statutes and to discuss whether the argument over the doctrine of fusion is relevant today. Introduction The law is a body of rules that applies to certain defined circumstances and situations and does not provide for changes and variations presented by unprecedented circumstances. This unpredictability of the future may...
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1. Equity was created to supplement not to supplant the common law. Do you agree? The issue in question is whether equity came to take common law’s place or assist the common law in the judicial system. To understand this, we need to look at the creation of equity and how it came to affect the common law system. In...
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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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This essay comprises in extent the variant kind of relationships that may be found in the organisations. Particularly, the contrasts in regulation and common law between a worker, an employee and independent contractors are advised and the variant kind of agreement that command the employment relationship are protected. Aylott (2018) stated that ‘’Employment law is meant to protect and to...
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As we address the public health and safety concerns two subjects are spoken about in this paper. The two concerns are the sobriety checkpoints that focus on the drinking age and the random drug testing for public employees and high school students. Many states have examined factors of the drinking age for young adults and factors that for doing random...
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Ever wonder if you are unconsciously a criminal in the different side of the world? This article is for you. We have made a list of the strangest criminal laws and what might surprise you is that, you might be one. Respect is a hard-earned word. As travelers, one thing we always bring with us is respect to the nation...
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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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A Civil and Criminal case is very different, yet many individuals have a tendency to overlook that. The word litigation means resolving disputes within the court. The first difference between filing a case whether it is civil or criminal depends on who can file a case in the first place. In a criminal case, the state is the one who...
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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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This essay is going to explain and judge the rules and standards of criminal law in the light of certain guiding principles of restraint in the construction and use of the criminal law. Harm The principle of harm presents a concept of crime where a conduct must only be banned if it results in harming another person. This principle put...
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I stand in negation of the resolution to improve the educational standards for inmates not because inmates do not deserve a second chance, but because this education will not provide them a sufficient second chance for the following two reasons: (say both bullet point titles) Just because they will have an education, that doesn’t protect them from the prejudice of...
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Right-to-Work Law and Its Implications for Labour Legislation in CanadaIntroductionFor the last few years, a major showdown has been shaping up between the progressive sections of Canada, which have always been associated with the trade union movement and social democracy, and the rightist sections which promote anti-unionism. While the former groups seek to consolidate the labor organizations, the latter groups...
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People in society are more aware of what they think causes a person to commit a crime. These causes range from addiction, the criminal being sexually or physically abused in the past and other bad backgrounds. Criminal responsibility is a concept that forms the core of criminal law. This is what can make a person accountable for their crimes and...
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Over the years the law on Intention and Recklessness had been under academic scrutiny and criticism for being inconsistent. Several adaptations were introduced in the evolution of the law making it more settled such as the House of Lords’ decision in Woollin, and this essay aims to address why they were not enough to eliminate the inadequacy of the English...
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