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 then coming to a conclusion on whether or not I believe International law is really a law. To being tackling...
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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 law, we shall have a glance on the history of international law and its relationship with euro centricity. [1: A.A....
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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, particularly in two aspects. Firstly, the operation of tort law involves a unique system with related rules, this includes not...
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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 and adapts to meet new situations as they arise. Therein lies its strength. But therein also lies a danger, the...
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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 at times render the law defective in dealing with new occurrences and strict legal enforcement thereof would animate injustice- this...
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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 the Earl of Oxford Case (1615) 1 Rep CH 1at 6, the common law had awarded a judgment against a...
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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 meets the said requirements. While the Constitutive Theory insists that a state could only exist as an international legal person...
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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 note that it remains a source of the UK’s unwritten constitution. Its purpose is to create order for constant principles...
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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 be more of a personal agenda and a potential breach of the separation of powers. If courts look to international...
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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 pilot and passenger lost their lives as a result of a wrongful decision made when the Civil Aviation Safety Authority...
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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 be made of the People’s Republic of China to the Australian legal system, assisting with the analysis of the statement....
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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 different ways, however, they have similar functions and interact to influence each other through manners such as treaties. Although, there...
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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 the money in question. Tracing is possible in this case but there are certain conditions that have to be met....
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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 he did not know that the Rolexes and Louis Vuitton bags were fake and that they were just seconds. Suzy...
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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 and Miller 1963 also said that dividend policies have no major role in value creation process of firm but with...
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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 War II in an interstate war paradigm (Rochester, 2016, s. 5). The terrorist attack on 9/11 were a new type...
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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, engaging and prescriptive ones. The previous depict how something carries on, the last endorse how one ought to carry on,...
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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 support employers to improve their relationship with their employees and to gain further competitive advantage.’’ Employment Status determines the rights...
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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 drug testing for public employees. Due to some circumstances, the National Minimum Drinking Age Act was created. This act started...
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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 that we are visiting. It is important that we show camaraderie and politeness to a territory we are unfamiliar with....
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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 applied equally and if there should be a violation of a law there may be a penalty as defined by...
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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’ attitude and behaviour towards work. Management style – an effective management style plays an important role in developing in strong...
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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 German philosopher and social scientist Friedrich Engels who, in his classical writing 'Origin of the Family, Private Property and the...
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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 is represented by a district attorney or by a lawyer called a prosecutor and is the one who is the...
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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 “the sharing of explicit or sexual, images or videos, without the consent of the person in the image”. Although the...
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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 a standard in place for what types of conducts a liberal should be able to rightly forbid. The harm principle...
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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 employer’s. Nothing earns a trip to the trash can faster than an ex-convict’s job application displaying a past criminal record....
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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 aim at eliminating the trade union rights. People like me think that trade unions are working for the collective good....
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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 justifies what their punishment can be if they are convicted. The notion of criminal responsibility focuses on the person’s mental...
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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 Law. Starting with the basics, in order to establish a crime both the actual conduct (Actus Reus) and the state...
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