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...
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...
Arbitration in France, the Czech Republic and at the international level (2006)
Thesis - 11 pages - International law
Aristotle wrote, "For an arbitrator goes by the equity of a case, a judge by the law, and arbitration was invented with the express purpose of securing full power for equity." Arbitration is a form of Alternative Dispute Resolution, specifically, a legal alternative to litigation whereby the...
Analysis of cases under the US constitution in relation to the laws laid by United Nations
Thesis - 8 pages - International law
Wanta B. Heard, the victim, filed a notification request form after indictment of the defendant for the crime of rape. The State and defendant worked out a plea agreement to plead guilty to second-degree assault with a one-year sentence. Heard requested to speak with the court regarding the plea....
Crisis in Korea
Thesis - 4 pages - International law
North and South Korea are located in East Asia and were formerly one state. However they are now divided into two separate states that are frequently pitted against each other politically. Korea shares a border with China in the North West and is separated from Japan the by Korea Strait. In 1948...
Law of international human rights and detainees at Guantanamo Bay naval base
Thesis - 5 pages - International law
Since the terror attacks of September 11 and the official war on terror has commenced, questions have been raised as to how the United States should engage itself in regard to both its military operations and treatment of enemy combatants. Debate over the United States applying rules of war,...
How an EU military could affect world peace through international law
Thesis - 12 pages - International law
There is no greater motivation for European unification than the desire for peace. Just like the UN, the EU wants to avoid the “scourge of war” for its future generations. In times of peace, the world forgets that the EU is not an economic coalition, but is instead a peaceful, foreign...
US courts should apply universal principle to Alien Tort cases
Thesis - 10 pages - International law
The Alien Tort Statute, also known as the Alien Tort Claims Act (ATCA), originally appeared in Section 9 of the first Judiciary Act of 1789, which created the U.S. judicial court system. It provides that the district courts shall have original jurisdiction of any civil action by an alien for a...
Human rights and unequal access to care
Thesis - 9 pages - International law
The right to assistance extends to health care, and any person, whatever his legal status, should enjoy access to appropriate care. However, experience shows that, in reality, the implementation of this law is based primarily on the political will of communities to develop networks of care...
Critically discuss the contributions of the Third World Approaches to International Law (TWAIL) movement to international legal scholarship
Thesis - 6 pages - International law
After the World War II and its atrocities, a new international institution, the United Nations (UN) was created in 1945 to focus on the new challenges faced by the international community. One of the major challenges was the wave of decolonization which started between the two World wars. It was...
International law and normative unity
Thesis - 5 pages - International law
In the Supreme Court of Canada's 1993 judgment in Hunt v. T & N Plc, Justice La Forest laid down the following goal to international law : “develop (…) co-ordination in the face of [the] diversity” of the international system. In other words, international law has to reconcile the...
International criminal courts: An historical and sociological overview of supranational criminal justice
Thesis - 5 pages - International law
The notion of individual criminal responsibility under international law is a recent phenomenon. Many different mechanisms have been employed including domestic courts, the International Criminal Court (ICC) as well as ad hoc UN tribunals and new “hybrid” or internationalized courts in...
Patrice Lumumba: American foreign policy and cover-ups
Thesis - 6 pages - International law
Historically, the foreign policy of the United States has been such that one event has integrated itself into effecting the majority of events to follow. The case of the United States foreign policy in the Congo and, specifically, the assassination of Patrice Lumumba is no exception. This...
A critical discussion and analysis of 'The Rule of Law'
Thesis - 5 pages - International law
Central to the general idea of the Rule of Law is the specific intention that it involves the rule of the law rather than the rule of the people. Judges hold a position of central importance in the relation to the concept of the Rule of Law. They are expected to deliver judgment in a completely...
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...
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...
The Universal Declaration of Human Rights is primarily a Western document, limiting the claimed universal applicability of Human Rights
Thesis - 5 pages - International law
On 10 December 1948, the Universal Declaration of Human Rights (UDHR) was adopted by the Third General Assembly of the United Nations. In the aftermath of WW2, nearly every state that had fought with the Western Allies wanted the atrocities of Nazism and Fascism to be prohibited. To do this...
Human rights and universality
Thesis - 13 pages - International law
We'll see that a mediate position can be found between what Donnelly has identified as radical cultural relativism (a) and radical universalism (b). Thus, it seems that a cross-cultural consensus can be found on the universality of some basic rights contained in the UDHR, whereas some other...
