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...
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...
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...
Founding of the ICRC and establishment of International Humanitarian Law
Essay - 15 pages - International law
On a summer day of June 1959, during the wars of Italian unification, a major battle broke out in northern Italy. Later to become known as the battle of Solferino, it was estimated that some six thousand were killed in a single day. Henry Dunant, a citizen of Geneva, Switzerland, was traveling...
The legal process of entering into a joint venture with the Cuban water utility company
Essay - 16 pages - International law
This paper examines the legal process of entering into a joint venture with the Cuban public water system through a joint venture in a Post-Fidel Castro Cuba. Although Fidel is no longer at the helm, the Cuban Communist party is still in power. Since Cuba has a state planned economy, we place...
The international legality of nationalization: An analysis of the bilateral investment treaty between Venezuela and Canada
Essay - 15 pages - International law
During the Cold War, the legality of a sovereign state nationalizing foreign property was often debated among the world community. The two principal contrasting theories were: (1) socialist theory and (2) western capitalist theory. States from the third world often followed a nationalization...
Should the U.S. encourage Japan's rearmament?
Essay - 5 pages - International law
In 1946, following the end of World War II and the defeat of the Axis countries, Japan was being occupied by the Americans. During this time, the Allied Powers—the United States, Great Britain, and China—drew up what became called the Potsdam Declaration, which held the terms for...
The FA's news rules on the regulation of player agents: A critique
Essay - 8 pages - International law
On 21 November 2006, the Football Association (FA) approved and implemented the new domestic Football Agents Regulations (the Regulations), which came into effect in September 2007. Whilst it is too early to ascertain the impact of the Regulations on conduct of player agents, they have sparked...
Patent law essay - Interpretation of claims and infringement
Essay - 6 pages - International law
The intrinsic nature of patents has rendered interpretation of patent claims inherently problematic. The central issue that has exercised the courts is the appropriate method of interpretation, particularly on infringement claims. Bainbridge's observations of the intricacies of patent...
WTO: An introduction to the World Trade Organization
Essay - 6 pages - International law
The World Trade Organization is the most recent result of international efforts to reduce barriers to trade. It is an institution in which membership is voluntary, but it is also an organization with legal status. I will explain more about this later. In this paper I will explore the history,...
The PLO: Still a threat?
Essay - 6 pages - International law
When the historic "Gaza and Jericho" first agreement was signed in September 1993 at the White House in Washington, D. C., in the presence of Palestinian Liberation Organization (PLO) Chairman Arafat, Israeli Prime Minister Rabin and President Clinton, uproar and discontent were exhibited by all...
The impact of European Union Law on the world of sport and the Bosman decision
Essay - 7 pages - International law
Under European Union law, Article 81 of the EC Treaty provides that all agreements between undertakings, decisions of undertakings and concerted practices which may affect trade between Member States and which have as their objective or effect the prevention, restriction or distortion of...
The contribution made to the concept of the supremacy of European Community Law by the judgment of the European Court of Justice
Essay - 5 pages - International law
The tension between European Community law (EC) and national law is arguably the most debated topic of constitutional law . The convention of Parliamentary supremacy is rooted within the British constitution as a fundamental limb of the separation of powers doctrine . Constitutional convention...
Discuss critically the current international legal position on the patentability of software and business method inventions
Essay - 7 pages - International law
The question of available protection for new products which are software is a complex issue. Under UK law, the Copyright Design and Patents Act 1988 (“the Act”), software is protected by the law of copyright. Although this is a powerful form of protection against an authorised copying...
The impact of European Union Law on the world of sport in the context of sport regulation and restraint of trade since the Bosman decision.
Essay - 7 pages - International law
Under European Union law, Article 81 of the EC Treaty provides that all agreements between undertakings, decisions of undertakings and concerted practices which may affect trade between Member States and which have as their objective or effect the prevention, restriction or distortion of...
How disability rights will be protected in England and Wales after 1st October 2007
Essay - 8 pages - International law
The main legislative framework addressing protection of disability rights in the UK has been the Disability Discrimination Act 1995 (DDA) as amended by the Disability Act 2005 to widen the definition of “disability” in order to confer stronger protection rights. However, a consistent...
Outline and assess the extent to which the wto agreements have legal effects before eu and member states' courts, creating rights for individuals and the possibility of testing the compatibility of eu secondary legislation with these agreements.
Essay - 12 pages - International law
Because its creation was not a simple extension of the GATT, literature has shown a lively curiosity for the reception of WTO law within the Community legal order. Some concrete facts justify this infatuation. Unlike its predecessor, the WTO is a permanent institution with its own secretariat...
Current Proposals on the Illegal Immigration Problem
Essay - 2 pages - International law
No one knows exactly how many illegal immigrants are in this country. Estimates range from 4 to 12 million people. The largest group of undocumented immigrants is Mexicans. Thousands of Mexicans, some with families, cross the border illegally in search of work. Typically an illegal will stay in...
The Human Coyote: A Heroic Criminal?
Essay - 2 pages - International law
In all the various interrelated issues of the border, there is one central group that is essential to allowing immigrants to cross in the United States: the coyotes. Coyotes are smugglers who assist immigrants in getting across the border without getting stopped by the border patrol, or anyone...
Discuss the analysis and significance of the abduction and trial of Eichmann from an international law perspective, with reference to legal writing
Essay - 8 pages - International law
“The very concept of individual accountability - indeed - the very idea that an act could be ‘criminal' was antithetical to International law during much of its history […] With narrow exceptions, individuals held no rights and bore no responsibilities under International law,...
International commercial arbitration
Essay - 4 pages - International law
International commercial arbitration is one of several forms of dispute resolution for international commercial agreements. The use of arbitration has increased along with the growth of international trade and commerce and the accompanying disputes springing from these pursuits. In its broadest...
Under what circumstances do you think states should intervene in humanitarian crises?
Essay - 6 pages - International law
Humanitarian intervention deals with two academic fields: political philosophy and international law. The question of intervention depends on the morality and on the legality of the intervention. Is humanitarian intervention a moral duty for states? Is humanitarian intervention a right for...
Crimes Against Humanity And The Principles Of Legality: What Could the Potential Offender Expect?
Essay - 10 pages - International law
Les juges ne sont que la bouche qui prononce les paroles de la loi, des êtres inanimés qui ne peuvent ni en adresser la force ni la rigueur. " Charles de Secondat Montesquieu, L'esprit des Lois, Livre XI, Ch. III, 127 (1748). " If the interpretation of laws is evil, their obscurity, which...
