Consider the extent to which international law is law, or 'really law' or 'law properly so-called' with reference to legal and other theorists
Essay - 6 pages - International law
Charlotte Ku and Paul F. Diehl noticed that at first sight, ‘International' and ‘Law' sound contradictory: “how can one imagine a structured and developed legal system functioning in a political environment that is diffused, disparated, unregulated and conventionally described as...
The concept of non-resident on international laws
Essay - 9 pages - International law
The tax situation of each person is defined in relation to his domicile tax. According to Article 1 of the law of 29 December 1976 applicable for the first time to the income for the year 1977 and codified in section 4A of the GTC, "people who have their domicile tax in France are liable for...
Legitimacy & efficiency inside the security council
Thesis - 17 pages - International law
When the idea of a potential world organization first emerged in 1943, arbitration was soon to be made between maintaining effective power within the scope of a few powers, and the necessity to gain the support from small and medium States. The only possible answer to this dilemma was to initiate...
Hissène Habré's case: Origins and current debate
Case study - 9 pages - Other law subjects
In February 2003, the Darfur conflict, an ethnic clash in western Sudan, began and, in March 2004, Mukesh Kapila, called it the "world's greatest humanitarian crisis". Thus, in January 2005, the UN Secretary-General's Commission of Inquiry on Darfur estimated in its report that there were...
Controversy around memorial laws
Essay - 12 pages - Other law subjects
A controversy recently arose in France in which historians played a significant role. This controversy involves a number of actors: The French government, which passed the so-called “memorial laws”; the interest groups that lobbied the Parliament to pass them; the historians who became...
The class action lawsuits
Essay - 3 pages - Other law subjects
We read about class actions almost everyday in the newspapers. The idea to gather together in order to sue big companies such as tobacco or food companies originates from the United States; however, as these lawsuits are increasingly successful, the phenomenon currently spreads into the whole...
Authors' rights in the Anglo-Saxon world
Essay - 7 pages - Civil law
The authors' rights are a very important problem of the modern economic world. The rules that regulate the authors' rights have always been created in the reaction of some social facts; they always have been late on the sociological and technical transformations. The first fundamental act...
Has the Contracts (Rights of Third Parties) Act 1999 gone far enough in reforming the English law of privacy? - published: 15/01/2009
Essay - 5 pages - Civil law
Under the doctrine of privacy, which became entrenched in English law in the latter half of the 19th century , contractual rights and liabilities are limited to the parties to the contract. The mounting criticisms and arguments for reform have led to the Contracts (Rights of Third Parties) Act...
Implementation of European Law in a federal state: The Belgian case between coherence and autonomy
Case study - 9 pages - European law
‘Ultimately the impact of EU rules depends on the willingness and capacity of Member States authorities to ensure that they are transposed and enforced effectively and fully and on time' (Graver) . This statement from the European Commission in its White Paper on Governance deals with the...
International human rights law
Essay - 4 pages - International law
Today, various international instruments allow for the protection and respect of human rights. Thus, the International Bill of Rights is the basis composed by the Universal Declaration of Human Rights in 1948 and the two subsequent International Covenants of 1966. The United Nations, which is...
Essay on the Rome Convention on the law applicable to contractual obligations
Essay - 13 pages - International law
The Rome Convention on the Law applicable to contractual obligations “applies to contractual obligations in any situation involving a choice between the laws of different countries.” The scope of the Convention is therefore clear; its aim is to regulate contractual relations between...
Essay on the separation of powers in Europe - A comparative study
Case study - 16 pages - Constitutional law
“Each country must find a solution which is sensitive to its domestic culture” …this is the position of Lord Irvine of Lairg on the separation of powers. This can be regarded as a politically correct position on a very discussed topic in that it does not take part in the animated...
Essay on restitution obligations throughout Europe
Essay - 13 pages - International law
Restitutionary obligation is the response to unjust enrichment. Unjust Enrichment at the expense of another must be restituted in order to secure a corrective justice. On this very basis restitutionary, as opposed to compensation, aims to deprive the defendant of a gain rather than to compensate...
Difficulties of application of international law - Example of the Cambodia genocide
Essay - 10 pages - International law
This paper will show to the reader the difficulties which can appear in practice concerning the international criminal law. Indeed, several problems can occur. First of all, one has to know what the aim of the international criminal law is and we have to define what is the international criminal...
Legal aspects of international mergers and acquisitions: Sacyr/Eiffage
Essay - 6 pages - International law
The Sacyr/Eiffage case involves two public construction companies, the Spanish Sacyr Villehermoso and the French Eiffage. First, let's introduce those two companies. Sacyr is a leading Spanish construction company based and listed in Madrid. It is publicly traded and part of the IBEX 35, the...
Jürgen Habermas overemphasises the role of the public sphere in his theory of law and democracy
Essay - 7 pages - Other law subjects
Jürgen Habermas (born June 18, 1929 in Düsseldorf) is a German philosopher, political scientist and sociologist in the tradition of critical theory. His work focuses on the analysis of advanced capitalist industrial society and of democracy and the rule of law in a critical social-evolutionary...
"An English court should solve problems of characterisation by applying the only concepts with which it is familiar, namely those of the forum." Discuss the proposition critically with reference to decided cases
Essay - 7 pages - Constitutional law
The English conflict of laws is a body of rules whose purpose is to assist an English court to deal with cases tried before it which contain a foreign element. It consists of three main topics: (i) the jurisdiction of an English court, in the sense of its competence to hear and determine a case;...
US Foreign Policy and international law
Essay - 5 pages - International law
The United States has been the main supporter of the development of international rules since the end of World War II. The US sought to rebuild an international system that would promote international cooperation in various areas to avoid conflicts: economic (through the creation of an...
The declaration of one's insolvency: content, documents to join and cost
Essay - 4 pages - Administrative law
In 2005 French legislation, concerning the companies in trouble has recently undergone deep modifications (Law 2005-845 of July 26th, 2005 of the book VI of the Commercial Law). Henceforth, there are 3 collective procedures: - Safeguard procedure - Judicial recovery procedure - Winding up...
Is there a "Bolivarian" alternative to free market integration?
Essay - 6 pages - International law
Since 1998, voters have elected Hugo Chavez to the presidency three times with increasing margin each time and on August 15, 2004, voters returned to polls to decide whether to remove him from office or not. 59% of voters confirmed the President's mandate and defeated the recall initiative. First...
Consistence between the English Criminal Justice and Article 6 of the European Convention of Human Rights
Essay - 9 pages - International law
The United Kingdom was one of the original parties to the European Convention of Human Rights and Fundamental Freedoms (ECHR). States which contract into the ECHR are obliged to secure the enjoyment of Convention rights for their citizens. Sometimes positive actions may be required as creation,...
International law: history and definition
Essay - 5 pages - International law
“Truth is that international law is neither a myth on the one hand, nor a panacea on the other, but just one institution among others which we can use for building of a better international order” (J. Brierly, The law of nations, Oxford 1995). Law is a system of rules that is kept and...
What are the various means allowing the pacific regulation of the disputes?
Essay - 5 pages - International law
The Hague Peace Conference of 1899, marked a new phase in the history of international arbitration. It ended by adopting a Convention on the Pacific Settlement of International Disputes, which dealt not only with arbitration but also with other methods of pacific settlement. Then the league of...
Justice depends on the identification of the individuals with their community
Thesis - 5 pages - Criminal law
Seyla Benhabib in The Claims of Culture reported the case of a young Laotian American woman abducted from her work at Fresno State University and then raped. Her assailant, a Hmong/Laotian immigrant, argued that among his tribe this behaviour is the customary way to choose a bride. He uses...
Is civil disobedience ever justified?
Essay - 3 pages - Civil law
“Man is bound to obey secular princes in so far as this is required by order of justice. Wherefore if the prince's authority is not just but usurped, or if he commands what is unjust, his subjects are not bound to obey him, except perhaps accidentally, in order to avoid scandal or...
Disaster in Darfur and the responsibilities of France
Thesis - 5 pages - International law
On 16 May 2006, resolution 1679 was unanimously adopted by the Security Council of the United Nations Organisation (UNO). It expressed its intention to consider conducting a “United Nations Operation in Darfur” and called for the deployment of “a joint African Union and United...
Competition Law
Market study - 4 pages - Other law subjects
The area of EC Competition Law has experienced major structural and substantial changes over the past two decades. The last decade of reforms of EC Competition Law is often cited as the « modernisation process » . Since competition rules always apply to a « market », this notion have been at the...
Civil - military relations in Israel
Thesis - 5 pages - Other law subjects
Israel is a democratic republic and operates under the parliamentary system. Executive power is exercised by the prime minister and the government. It was founded in 1948.The Israeli defence forces, Tsahal, were also created in 1948, with the professionalisation of several paramilitary...
Industrial relations in the United States: A way from confrontation to cooperation
Essay - 6 pages - Labor law
The industrial relations characterize the employee-employers relation in a company. In the United States, the term “industrial relation” really appeared with the creation of the Commission on Industrial relations in 1912 after two leaders of the Structural Ironworkers Union killed...
Law of war crimes: command responsibility and the Yamashita precedent
Essay - 5 pages - Criminal law
In an interesting article from the Legal Times untitled ‘From the top on down'1, two American military judges, namely J.D. Hutson and J. Cullen, lay emphasis on the need to hold Secretary of Defence D. Rumsfeld accountable for abuses on his watch mostly directed at Afghans and Iraqis....
