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...
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. - published: 09/05/2009
Thesis - 10 pages - International relations
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...
Formalizing plea bargaining in justice and equality in the English legal system
Thesis - 6 pages - Other law subjects
Before discussing plea bargaining it is perhaps paramount to define what is meant by the expression. Plea bargaining refers to ‘the exchange of a guilty plea for a reduced charge or some hope of a reduced sentence.' In other words it is an agreement between the prosecution and the defense...
A paper concerning assessing the value of legal Tribunals
Thesis - 4 pages - Civil law
It has become the case that over the course of the 20th century an ever-increasing number of tribunals have come into existence alongside the ordinary civil courts, dealing with a wide variety of disputes, usually between the citizen and the state. Although tribunals do not adjudicate in all...
Legal analysis of the US presidential election 2000
Thesis - 4 pages - Civil law
The presidential election of 2000 is one that will live in infamy. Few elections have been as closely contested, and none more controversial. Vice President Gore, who got more votes, made a valid argument for a recount, yet still failed to win despite his best efforts. Personally I believe...
The effectiveness of legal restrictions on distributions to shareholders in achieving "Creditor Protection"
Essay - 2 pages - Finance
In this essay, I will critically evaluate the effectiveness of legal restrictions on distributions to shareholders in achieving “creditor protection”. It consists of showing the good and the bad points of these restrictions. Firstly, I will define the terms used previously. Then,...
Legal moralism and polygamy
Thesis - 4 pages - Sociology & social sciences
Polygamy - the practice of being married to more than one person - is illegal in Canada, though it is rarely prosecuted. This law seems to be based on out society's unreflective common morals, rather than on rational arguments about the harm it does. The following will examine whether polygamy...
What scholars have noted about property as a social construct mitigating human interactions that transcend legal and economic discourse
Essay - 5 pages - Business law
A.I. Hallowell (1943: 119) once stated that, “Property as a social institution implies a system of relations between individuals. Like other social institutions, it involves rights, duties, powers, privileges, forbearances, etc, of certain kinds.” While this view of property has been...
Sample legal agreement for the provision of artwork for publication
Standard contracts - 9 pages - Other law subjects
This is a sample legal agreement for the provision of illustrator artwork for publication. The agreement provisions are drafted in favour of the publisher. All vested contingent and future rights of copyright and all rights in the nature of copyright and all accrued rights of action and...
Illegal/deceptive accounting practices in today's business organizations
Essay - 3 pages - Accounting
Over the course of the last decade, the number of companies using legal, but deceptive accounting practices has increased dramatically. Sunbeam, WorldCom and Enron are among some of the most notable organizations to utilize accounting practices that were clearly unethical. While the public...
Legal and policy issues and campaigning strategy relevant to the 21st congressional district election in Florida
Essay - 16 pages - Other law subjects
This paper will outline the legal and policy issues that are pertinent to your election campaign against incumbent Lincoln Diaz-Balart in the 21st U.S. Congressional District of Florida (herein after the 21st District, the District, or the 21st). We start with a general fact summary of...
Legal issues in child health
Essay - 5 pages - Sociology & social sciences
Lawyers are uniquely suited to help improve the health of today's children. Many would argue that health insurance and ethics are the dominant concern in the health of America's youth. The best legal support for children is to help allow the child to participate in their own health...
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...
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 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...
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...
A descriptive study on the people's opinions towards the legalization of death penalty
Essay - 4 pages - Criminal law
The study explores the opinions of people residing in a particular community towards death penalty. The information will be gathered through self-administered test questionnaires and focus group discussions. Moreover, the test will also take into account the factors that affect the perceptions of...
Why Can't the Music Industry Stop Illegal Downloads?
Tutorials/exercises - 3 pages - Political science
Can't wait for the new Jay Z album to go on sale to get your own copy? Don't want to shell out $19.99 (plus tax!) for the latest Modest Mouse record? For those growing up in the Internet generation, these hurdles are trivial. Peer-to-peer (P2P) file sharing has made acquiring media online...
Critically discuss the legal theory of Austin - published in 2007
Essay - 3 pages - Political science
"The existence of law is one thing, its merit or demerit is another." John Austin (1790-1859) defines the essence of positivism in this one sentence, generally cited as the standard exposition of the imperative theory of law, from his book: The Province of Jurisprudence Determined (1832). A...
To Legalize or Not to Legalize : The question of Marijuana in America
Essay - 2 pages - Civil law
Once upon a time… or more accurately in the early 1930's, marijuana was made illegal and renamed the ‘Devil's Weed'. Whether or not there was a conspiracy to make hemp illegal by the government and the pulp paper industry is hard to say, but one thing is for certain, the strangling hold...
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,...
The impact of the French Revolution (1789-1815) on social structure, legal system and political life and institutions during the nineteenth century in France
Essay - 5 pages - Modern history
Some events stamp on the history of mankind forever : the French Revolution is definitely one of these. Indeed, really few upheavals such as this one triggered so many thoughts, comments and passionate reactions all over the world. Although lot of scholars tried to understand and qualify this...
The great common law and civilian law divide is a myth
Essay - 5 pages - Civil law
Common law and civil law are generally considered the two major legal traditions that developed in Western societies. Common law is based on judge-made law through precedents set in past court decisions. Civil law originated in Roman law and is codified in comprehensive legal codes....
The United Arab Emirates Criminal Justice System
Case study - 6 pages - Criminal law
The United Arab Emirates (UAE), a confederation of seven emirates which comprise Abu Dhabi, Dubai, Sharjah, Ajman, Fujairah, and Ras al-Khaimah, represents a distinct cultural mix of traditional Islamic principles and rigorous modern economic activity (Holst, 2023). Founded in 1971, the UAE rose...
Is the fragmentation of International Law a pathological phenomenon or the sign of a healthy pluralism?
Essay - 4 pages - International law
The International Bank for Reconstruction and Development Articles of Agreement of 1944 emphasizes that the World Bank must disregard political factors and solely base its decisions and operation on economic grounds. Highlighting that the consent-based nature of the international legal...
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...
Professional ethics of attorneys (South Africa)
Law case study - 6 pages - Other law subjects
Mr. Matlou was the attorney at the state attorney who was briefed by the department of health to represent it as a defendant in the case L v MEC for Health, Gauteng. His conduct in the matter and the manner in which he dealt with it both before, during and after the trial, illustrates...
Succession Plans Trusts or Fiducias
Course material - 3 pages - Business law
People who tend to be weak in any kind of weakness could choose to settle an express trust, so the trustee as a legal representative of the patrimony put in the trust will manage it on behalf of the beneficiaries, thus the weak person or its family.
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...
Comparative law in a global development context
Essay - 7 pages - Management
Globalization and the changes in different countries to ensure that the different laws formulated meet the policies and laws of other countries have been among of the issues witnessed in the present society. There are changes in the technology, systems, health care, education and all the...
