NAFTA's Chapter Eleven and Fair and Equitable Treatment
Essay - 2 pages - Business law
The interpretation of Article 1105 of the North American Free Trade Agreement or the NAFTA has generated and will generate many controversies regarding the meaning of its first paragraph. Given this provision's open language, the controversies and doubts are understandable. According to Meg...
Umbrella Clauses and Transfers
Essay - 2 pages - Business law
An umbrella clause generally reads as follows: "each party shall observe any obligation arising from a particular commitment it may have entered into with regard to a specific investment". We can infer from this statement that the aim of this clause is to protect any specific commitments by...
Forum-shopping and Amicus
Essay - 2 pages - Business law
The article by Professor's Bjorklund article underlines the complexity encountered by parties with respect to international investment litigation. The factors pertaining to this complexity are multiple and exist at virtually every stage in an investment operation. Among these factors of...
NAFTA's Chapter Eleven and Non-Discriminatory Treatment
Essay - 2 pages - Business law
One of the first and foremost agreements which has been driven by policy considerations is the NAFTA agreement. This agreement was especially created so that three important countries in the world (US, Mexico and Canada) would benefit economically. On clearly assessing this agreement, a layman...
The future of Investment Regulation
Essay - 2 pages - Business law
An attempt was made to terminate the introduction of one general text relating to the regulation of the FDI. In other words, the cancellation of the draft text pertaining to the Multilateral Agreement on Investment ("MAI") which was elaborated through the patronage of the Organization of...
From Russia with Love: Lessons of the Noga arbitration case
Dissertation - 20 pages - International law
Globalization is the new buzz word and the lingua franca of international business. With the numerous advantages flowing through globalization, this new process is taking a new shape by getting more critical and unyielding. To elucidate further on its uphill spin, an onlooker can observe its...
Unfair Terms in contract
Essay - 5 pages - Business law
Seller Ltd ("Seller?) is a manufacturer and seller of lifting equipment. Buyer Ltd, ("Buyer?), provides heavy goods vehicle servicing. On 1 July 2006 Buyer requested a copy of Seller's brochure and this was sent by post and received by Buyer on 3 July 2006. Tom, a representative of Buyer...
United Kingdom Immigration Laws, asylum laws and anti terrorism Laws
Essay - 5 pages - International law
In recent years, public attention has been focused on asylum seekers, but their numbers have fallen sharply. They are now less than 40,000 a year of whom only a quarter are given permission to stay in Britain, yet only one in five is actually removed. Meanwhile, other forms of immigration have...
What are the main differences between the civil and the common law systems ?
Essay - 5 pages - European law
The majority of legal authors divide the legal systems of the world into two mains groups : the common law on one hand, and the civil law on the other hand . The most interesting is that when you try to find definitions for those words, you often find the basic definition, and then, as a...
International commercial arbitration - published: 29/09/2010
Essay - 4 pages - International law
In the event of resolution of disputes related to international commercial agreements, the International commercial arbitration is one of several forms of dispute resolution. The use of arbitration has increased along with the growth of international trade and commerce and the accompanying...
The European Union Court of Justice is more relevant for the advance of the EU political unity than the Commission and the Parliament' - Discuss
Essay - 4 pages - European law
The European Union's political role has been a big issue among the main theoriticians of the European Union. The place of the European Parliament and the Commission in the process toward political unity is obvious. The Commission, as the institution which has the power for an initiative, can...
« In an EU of 25 members, all the old certainties will disappear. Discuss. »
Worksheets - 6 pages - European law
The Europe of 25 members is a factor of chances but also of risks. The enlarged European Union will not be the same at a bigger scale. The sphere of action of the European institutions is changing and it has to be adapted to a brand new structure. The socio-economic disparities between the Europe...
The accession of States to the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR)
Essay - 5 pages - International law
Today, various international instruments allow 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...
The rule of precedent
Essay - 4 pages - Other law subjects
In a society ruled by law, it is essential that the law is applied in the same way to those in similar situations. This way people know when they are breaking “the law”. It also ensures that citizens are treated fairly, in the sense of being subject to the same judgement. The system...
Is the European Commission more or less powerful than it should be?
Essay - 4 pages - European law
The resignation en bloc of the Jacques Santer Commission, a few months ago, after charges of nepotism and mismanagement against some of its members, including Edith Cresson and Manuel Marín, has cast discredit on an institution that has already been much criticized in the past, portrayed as a...
The New Constitutionalism
Essay - 5 pages - European law
This essay is divided in two parts. In the first section, we will describe the influence of the European court of Justice on the evolution as observed by Weiler. In the latter half of the essay, we will try to view this theory from a critical bent of mind and relate this concept as an...
The protection of consumers on Internet
Essay - 15 pages - Other law subjects
The recent boom of the internet in Europe and the emergence of a new kind of commerce (e-commerce) led to a widening of the commercial offers that can be proposed to the consumers. Simultaneous with such an expansion in internet offering come the demand for online security regarding the rights...
The British Constitution: debate about constitutional reform
Essay - 4 pages - Constitutional law
Once widely admired, especially during the seventeenth century by French philosophers, the British constitution has now become a target for criticism. There have been strong debates regarding constitutional reforms that emerged after the democratic reforms of the nineteenth century to the...
Foster v. British Gas plc: A European mirror of the French Public Service?
Law case - 4 pages - European law
Most of the developed states are aware of what public service is through facts. But only a few of them have come up with a legal definition of what it really is. In French Administrative law, the notion of public service has never been and will never be easily displayed. Major academics are still...
Critically evaluate the impact upon EC jurisprudence and legislation of the judgement of the European Court of Justice in REWE Zentral AG Bundesmonopolverwaltung fur Branntwein "Cassis de Dijon"
Essay - 7 pages - European law
Article 28 (ex-30) of the EC Treaty is one of the major principles governing the achievement in establishing the common market. It lays out a strong principle that imposes quantitative restrictions on imports and that all measures having equivalent effect will be prohibited between member states....
The gas tax: Our government's pickpocket
Thesis - 2 pages - Administrative law
In recent years, the increased gas prices has become a largely debated topic for many drivers. High gas prices have persisted because of the necessary advantages claimed by producers, despite the disadvantages to consumers. In an attempt to ease the effect of consumer disadvantages, government...
Commonwealth v. Berkowitz 641 A.2d 1161 (1994)
Thesis - 3 pages - Criminal law
In the afternoon of April 19th, 1988, Robert Berkowitz was relaxing in his dorm room at East Stroudsburg State University in Pennsylvania. The victim, who will remain nameless, had been preparing for a day with her boyfriend. She drank a martini to pass the time, and walked to him dorm room in...
Social issues in the courtroom
Thesis - 2 pages - Civil law
The clash of ideologies is inevitable: someday, someone is going to disagree with what you believe in. The question remains: where does the conflict get addressed, if it ever does? Do you decide that there is no point in understanding your differences? Do you enter a quarrel of epic...
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....
Current criminal justice
Thesis - 4 pages - Criminal law
The United States has been plagued with the issue of marijuana use for quite some time. The current policy set in place requires the use of many resources to deal with such a minor defiance. As of now, courts are backlogged because of the high number of arrests for minor offenses. Many are...
Public safety versus civil rights
Thesis - 4 pages - Administrative law
When comparing the rights of one's safety to one's right to privacy the welfare most citizens favor public safety. Privacy is an important right that society needs to protect but not at the expense of safety. Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept...
People v. Kimball 311 N.W. 2d 343 (1981)
Thesis - 2 pages - Criminal law
This trial is about defendant James Kimball, a Sutton Bay, Michigan resident. He was charged with attempted unarmed robbery and sentenced to a 3 to 5 year term he appealed by leave, which was awarded. The case relates to an argument held at a local party store on May 21st, 1979. Kimball met up...
State v. Ulvinen 313 N.W.2d 425 (Minn. 1981)
Thesis - 2 pages - Criminal law
Helen Ulvinen is the defendant in this case. She is the mother of David Hoffman, who killed his wife Carol. On the night of August 10th, to the morning of August 11th, David Hoffman choked his wife to death. There had been issues with Carol and Helen, and David had made references to his mother...
Universal health care and the impact of the patient protection and affordable care Act of 2010
Thesis - 9 pages - Administrative law
Universal Health Care is a system, where the government of a nation interferes in the health care process, to ensure that every citizen or resident has access to required medical facilities and services. Germany has one of the oldest Universal Health Care systems. It was started some time in the...
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...
