Advisory Opinion on The Wall - International Court of Justice - Article 51 of the United Nations Charter and the right of self-defense
Essay - 3 pages - International law
In its Advisory Opinion on The Wall, the International Court of Justice declared that Article 51 of the United Nations Charter "recognizes the existence of an inherent right of self-defense in the case of armed attack by one State against another State", thereby implying that the right of...
European Court of Human Rights, Hirst vs United Kingdom (No. 2) [2005] ECHR 74025/01 - The mechanism to promote judicial and national dialogue
Law case study - 3 pages - International law
This document critically examines the impact of the judgment of the European Court of Human Rights in Hirst v United Kingdom (No. 2) [2005] ECHR 74025/01 as a mechanism to promote judicial and national dialogue. In Hirst v United Kingdom, the country faced the European Court of Human Rights'...
How and why is International Law Binding on States?
Essay - 3 pages - International law
While the legal nature of the subject itself has been often discussed and debated, it is generally considered that international law has legal value, notably because of its binding effect. Indeed, international law is binding on states, with obligations based on both moral and formal reasons....
The Impact of the Barcelona Traction Case on Shareholder Protection under International Law or The Diplomatic Protection of Companies and Shareholders
Thesis - 27 pages - International law
The Barcelona Traction judgment of the International Court of Justice (ICJ) of February 5th 1970, considerably shaped the protection of foreign investors. Indeed, this judgment which introduced an innovative distinction, but ultimately in conformity with existing legal concepts, between the...
What Consequences did the Treaty of Trianon have on Hungary?
Essay - 4 pages - International law
After 4 years of war between 1914 and 1918, the Allies marked their victory by signing different treaties, like the Treaty of Trianon. Indeed, this treaty was signed on the fourth of June 1920 in Versailles by, on the one hand, most of the Allies (the UK, France, the USA, Italy, the Kingdom of...
Barcelona Traction, Light and Power Company, Limited
Presentation - 7 pages - International law
The Court examined the question: "Can a State provide diplomatic protection to its citizens who hold shares in a company incorporated in a different country when shareholders' interests are impacted by actions against the company?"
The Repercussions of the Law and its Impact on Individuals - Hart-Celler Immigration and Nationality Act of 1965
Tutorials/exercises - 1 pages - International law
When it was created, the bill was meant to eliminate race discrimination in immigration and allow people from all countries to come to the United States, not just white immigrants. The fact is that decades after this bill, we can see the clear impact it had on US immigration: in 1960, 84 percent...
Why do European courts refuse to enforce U.S. punitive damages?
Essay - 6 pages - International law
In terms of civil liability in Continental Europe, the principle is to compensate only for the damage. Civil liability is not punitive. The purpose is only to put the victim back in the situation she knew before the operative event. If the behavior deserves a sanction, it is a matter of criminal...
Fragmentation and inconsistency in international investment law
Essay - 5 pages - International law
It is a fallacy to think of international investment law as a general, coherent regime. The rules of law are splintered and fragmented, both in terms of their formal source and in terms of their application of particular disputes. What is more, there are no mechanisms in international investment...
The Jurisdictional Requirement of the Existence of a Legal Dispute
Essay - 2 pages - International law
In its 1974 judgment, the International Court of Justice (ICJ) resolved solely to admit a case before its framework on the very basis of the genuine existence of a dispute. This provision is not unique to the ICJ: the article 25(1) of the International Centre for Settlement of Investment Disputes...
Non-Appearance by a State Compatible with the Adversarial Principle: an Adversarial Procedure Reinstated by the Court
Essay - 5 pages - International law
Since the occupation of Crimea in February 2014, the Russian Federation has been violating the prohibition on the use of force under international law in Article 2(4) of the UN Charter with respect to Ukraine. Moreover, it was already an armed attack within the meaning of Article 51 of the...
History of the Common Law System on the English Legal System
Essay - 11 pages - International law
As a direct result of the colonization by the British, many of its states naturally acquired this common law system, being the English law in globo, maintaining its primary principles, procedures, actors and modes of proof. As a consequence of this adoption and utilization of English law, and the...
Offer and Acceptance
Course material - 5 pages - International law
A contract is considered as a legally binding agreement between two or more parties. The agreement creates legal rights and obligations that can be enforced in court. The courts have adopted an intellectual framework that analyzes transactions in terms of offer and acceptance to determine whether...
Administrative law in the United States
Essay - 4 pages - International law
Explaining the concept of administrative law can cause complications to many people. Therefore, before going further in this work, we will define the administrative law in advance for a better understanding. Administrative law is the set of rules that define the rights and obligations of an...
Essay on international agreements : sales of Covid-19 vaccines
Essay - 5 pages - International law
This situation has changed the world. Experiencing such situations require a certain level of implication and commitment on the international scale. Meaning, all the countries were henceforth concerned about this pandemic. Fever, dry cough, and exhaustion are the most prevalent Covid-19 symptoms....
How could international law support a transition to renewable sources of energy?
Essay - 4 pages - International law
Climate change is an international issue. Indeed, no matter how much greenhouse gases emissions decrease in Europe, if the world does not act collectively climate change and its consequences will continue. But climate change is not only an international topic, it intersects with many...
Should the death sentence be implemented globally?
Essay - 5 pages - International law
From the beginning of the world, there have always been multiple ways or theories of punishment. After researches and studies conducted by the experts of the domain, it was revealed that the death sentence takes its roots from the legal and political systems of many countries of the world....
The risks of democracies
Essay - 3 pages - International law
In order to determine whether there is a violation of due process, it is necessary to ask several cumulative and conditional questions. If so, is a fundamental right involved? And finally, depending on the answer to this question, it is necessary to apply the standards of the review to provide an...
State sovereignty in international public law
Essay - 5 pages - International law
Jean Bodin (1530-1596) considered that the concept of sovereignty is an absolute concept. Sovereignty is a key concept when it comes to dealing with the state and its place in the international arena. It is, indeed, a concept that has been fostered to characterize the intrinsic power of states:...
Estoppel: questions and case study
Essay - 5 pages - International law
The doctrine of the promissory estoppel is a remedy afforded to a party receiving a promise/representation (the promisee) enabling them to rely on that promise/representation made by the other party (the promisor) to recover damages due to the either beneficial or prejudicial and detrimental...
The International Criminal Court and the Peace Process in Northern Uganda
Essay - 9 pages - International law
The Juba Peace Talks that started in July 2006 in Southern Sudan seem to be one of the best chances to bring an end to the 20-year-long raging conflict in the region of Northern Uganda. Known for its unbelievable atrocities, the war has by now caused the displacement of more than 1.7 million...
Alternative Dispute Resolution
Essay - 4 pages - International law
It is increasingly common for commercial agreements to include clauses providing for the use of a form of alternative dispute resolution, should a dispute arise. Consider critically the approach of the courts, and the guidance available from bodies such as UNCITRAL and the ICC, in discussing how...
Reorganizing and Consolidating Bureaucracy in America
Case study - 3 pages - International law
The bureaucracy in America has become a major concern in development over the past years. Strict rules, procedures and different functions or obligations are divided and it becomes difficult to handle some tasks due to unnecessary processes involved. Most public institutions are serious...
Persecution, famine, and exodus: Ireland in the eighteenth and nineteenth centuries
Essay - 3 pages - International law
For centuries, Ireland and Britain have had closely intertwined histories and relations. Ireland, as we know it today, has been influenced tremendously by its relations with Britain. It is known as a place of religious and cultural tension, much of which dates back to the eighteenth and...
The conditions of admissibility of reservations in the Vienna Convention
Essay - 5 pages - International law
Paragraph 4 of Article 20 shows that the Vienna Convention contains a rigid principle of unanimous acceptance of reservations. It reads "The acceptance of a reservation by another contracting State of the reserving State a party to the treaty in relation to that other State if the treaty is...
The ban on the use of force in International Law
Worksheets - 2 pages - International law
TThe principle that prohibits the use of force is a major element in the international system that is based mainly on cooperation between States and collective security. This principle has always been of a relative nature, in fact, the contemporary public international law has noted more...
The legal effect of unilateral acts of States and international organizations
Essay - 7 pages - International law
The International Law Commission is responsible for the codification and progressive development of international laws. It had its forty eighth session in 1996 and the issues of Unilateral Acts and their legal effects have figured prominently in their discussions. There is an uncertainty...
Is the mechanism of settlement of the disputes of the World Trade Organization (WTO) effective?
Thesis - 5 pages - International law
The dispute settlement in the World Trade Organization (WTO) is a mechanism whereby a member state that was injured when a benefit was offset by another Member State, can initiate proceedings before the Settlement of Disputes in order to restore the balance upset by the cancellation. This...
The legal system of common law in Anglo-Saxon
Essay - 4 pages - International law
A contract is the most obvious manifestation of law in everyday life. In a legal point of view, not all agreements are seen as enforceable contracts. Indeed, each legal system introduced some rules in order to determine which agreement is enforceable; this corpus of rules is called "the badge of...
The structure of the International Criminal Court
Worksheets - 2 pages - International law
The ICC is composed of four organs: the Presidency, the Judicial Divisions, the Office of Prosecutor and the Registry. First of all, it is interesting to point out the functions of the Assembly of States Parties, the only non-judicial organ where States Parties can express themselves, as their...
