|
(2006, 1000 words)
The paper examines the problem of dumping identifying its economic and legal implications, reviewing the position of GATT and WTO towards dumping and arguing whether it is necessary to impose anti-dumping measures.
(2006, 891 words)
The paper examines the concept of ‘opinio juris’ or ‘legal opinion’ in customary international law (CIL) providing its definitions, and arguing the necessity of opinio juris. Experts’ opinions about its role are reviewed discussing the implications of consistent state practice.
(2005, 1000 words)
The paper examines the challenges of international commerce focusing on the disagreements between commercial contracts. Definitions of contract are reviewed; the ways of solving international commercial disagreements are outlined including arbitration, mediation and conciliation. Advantages and disadvantages of arbitration are discussed.
(2006, 5000 words)
The paper examines the implications of the monopoly in controlling global markets for legal entities reviewing the doctrines known as “Lifting the Veil”, “Disregard of Legal Entity” and “Limited Liability” and their applications an the UK and Brazil.
(2005, 2000 words)
The paper examines the dispute settlement procedures in the World Trade Organisation (WTO) reviewing the background of WTO and the history of the General Agreement on Tariffs and Trade (GATT) system development. The effects of the new Dispute Settlement Understanding (DSU) are discussed pointing out its weaknesses and strengths.
(2006, 1500 words)
The paper examines the provisions of the international law related to using force as self-defence. The US claim of self-defence over the attack against Afghanistan in 2001 is discussed arguing whether attacking a country could be justified as a legitimate action. The effects of the precedent on the UNO are considered.
(2006, 3400 words)
Summary: This paper forms the concluding part of a longer dissertation. It covers the concepts of the right to life in Islamic law and international human rights instruments and discusses how the common foundation of respect for the right to life can be used to reconcile the two systems when it comes to application of the death penalty and its role in society.
(2006, 2000 words)
This essay looks at the impact and significance of the agreement reached in 1994 that established the WTO and the rules of world trade. It looks specifically at the institution of the WTO and also at the TRIPs agreement that was a breakthrough in global intellectual property protection after years of disagreement between industrialised and least developed nations.
(2006, 3000 words)
The paper examines the issues of gender equality promoted by the European Union reviewing related legislation and discussing the implications of the EU regulations for its member states. The problems and disagreements over some sex related provisions are reviewed including the disagreement between the EU and the UK over the application of the equal pay principle, the ambiguity of the new right for both men and women to take parental leave, etc.
(2006, 2500 words)
The paper examines the concept of the International commercial arbitration (ICA) reviewing academic opinions on whether it can be considered as a means of alternative dispute resolution (ADR). The characteristics of ICA are reviewed pointing out its advantages and disadvantages, and describing the types of arbitral procedures.
(2006, 2000 words)
The paper examines the use of force in Iraq in 2003 from the perspective of international law critically reviewing the legal arguments put forth by the US and UK to justify their military action. The National Security Strategy (NSS) is discussed in the context of the post 1945 legal order.
(2006, 4800 words)
This paper looks at the legal status of extraordinary rendition. It then looks at the responsibility of the US, European and other states that cooperate with the US in the procedure. It takes into account issues of Sovereignty, as well as fundamental human rights under the UN Convention against Torture, the Convention on Civil and Political Rights, and the European Convention on Human Rights.
(2006, 2500 words)
This essay evaluates the human rights concerns regarding the Japanese system of punishment. These concerns arise around specific areas of the Japanese penal system. As such, this essay considers select elements individually with reference to their legality under Japanese law, and also under international human rights law. The elements to be considered are; the substitute prison system (incorporating coerced confessions); the deprivation of the right of criminal suspects and criminal defendants to counsel; the use of Protection Cells and Solitary Confinement. Japanese society, suggestions of reform and the improvement of the 1908 Prison Law are also examined.
(2005, 2500 words)
This essay looks at the international Criminal Court and how its jurisdiction and lack of primacy over national courts will affect its effectiveness.
(2005, 3000 words)
The claims to universal legitimacy of international human rights law have always been controversial, but this is particularly the case with respect to the UN convention on the Rights of the Child'. Explain and critically comment on the statement with particular reference to at least one Article of the convention.
(2005, 1300 words)
This paper looks at the effectiveness of the International Court of Justice and whether or not it meets its aims under its founding treaty and the UN charter.
(2005, 5000 words)
The paper aims to assess the WTO Appellate body (AB) stand in the case of the 1998 US anti-damping measures against hot-rolled steel products from Japan in the context of the General Agreement on Tariffs and Trade 1994 (AD Agreement), US and Japans claims and the US Tariff Act 1930. Conclusions are made about the inconsistency of US actions with the AD provisions.
(2004, 4000 words)
The paper addresses the issue of fund raising at the Dragon International Plc (DIP) that is currently facing financial difficulties. Laws governing loans and bonds are discussed; the international nature of syndicated loans and bonds is argued.
(2005, 6000 words)
The following assignment gives a review about contract-drafting and legal problems which have to be solved while international trading processes. It contains an introduction about the contract negotiations and explains what influence the INCOTERM 2000 had on the sales price. Furthermore it shows the contract itself, a legal problem between two international companies and answers the three international private law problems (I.P.L.). This paper has been written for German University.
(2005, 4500 words)
The paper studies the case of bribing Nigerias officials by Halliburton Inc. in 1990s seeking to reveal the main motives behind this unlawful action. The case study touches upon the issues of corruption in Nigeria; the history of Halliburtons business practices; their disagreements with the Nigerian Government; anti-bribery legislation and the companys ethical standards.
(2005, 3000 words)
The paper touches upon the legal aspects of using armed force by states. The circumstances under which force can be exerted are identified. A brief historical overview of the use of military force around the world is given; the provisions of the UN Charter related to the use of force and the duties of the Security Council are discussed.
(2005, 4500 words)
This work looks at the doctrine of anticipatory breach under the English Common Law supported by the relevant authorities and then compared with that under the relevant provisions of the Convention including case law. Additionally it is also shown how the courts under both laws interpret anticipatory breach rules (under the Common Law) and provisions (under the Convention). The work then concentrates on the comparison of the most commonly claimed remedy under the Contract law; that of damages, how the courts under both laws interpret and apply the relevant rules and consequently how they award the remedy of damages to the claimants.
(2005, 3600 words)
The answer to the question is provided in the form of three parts. In the first the historical background to the development in international law is outlined. The second part provides adequate examples of whether the WTO rules cover human rights and whether the rules in fact have any provision directly applicable to the human rights? The question is answered with the look at GATT 1994 provisions and the provisions of the Dispute Settlement Understanding. The last part of the work is an answer to the second question as to whether the WTO rules should be changed or not? The issue of integration of human rights into the international law and consequently the WTO rules is closely examined here. Providing all the arguments for and all the arguments against such integration.
(2005, 5000 words)
In this work the author argues that there are many aspects found in the actual Rome Statute itself that minimise the effect of the International Criminal Court. This argument is supported by detailed analysis of relevant Statutory provisions. The author also argues, using US as an example, that it does not really affect the ICC as such, as there had been a lot of amendments introduced which are not really affected by the legislations introduced by the US to block the effective working of the ICC on the territory of the US.
(2005, 4000 words)
This assignment provides a detailed analysis of the House of Lords' decision in the American Accord case and considers the use of letters of credit as risk minimisation and protection mechanisms for sellers in international trade transactions. The analysis of the House of Lords' decision also deals with the issue of the independence principle and strict compliance in documentary credits along with a focus on the fraud exception.
(2005, 1000 words)
The purpose of this essay is to explain the applicable rules that govern the enforcement of a judgment which has been rendered in a foreign jurisdiction. This paper traces the historical approach to the recognition and enforcement of foreign judgments under English law. It deals with the applicable rules under common law and under statute. In the interests of brevity, this paper mainly considers the statutory rules under the Brussels Convention.
(2005, 4000 words)
The paper deals with the international law commenting on Article 38 of the International Court of Justice (ICJ) Statute. Sources of international law are singled out; the reasons for the confusion over customary law, natural law, etc. are outlined. Procedural, administrative and jurisdictional situations clarifying the law on a given subject are analysed.
(2005, 2000 words)
The paper discusses Article 36 (2) of the Statute of the International Court of Justice arguing that the Article is problematic in its practical application due to a large number of restrictions. The concept of Optional Clause Jurisdiction is discussed; references to various cases are given. The conclusion is made that over twenty countries are relying on the clause at the moment, which justifies its existence.
(2004, 14000 words)
The aim of the dissertation is to investigate the legal aspects of agency as an institution involved in the international sale of goods. The objective is to analyse Geneva Convention on Agency in the International Sale of Goods 1983 and its impact upon English law. Agency is described as a crucial component of modern business; it is a ētripartite phenomenon that implies three legal relationships: between principal and agent, between agent and third party, and between principal and third party. Harmonisation of these relationships based on the uniformity in legal rules benefits international trade. The role of the Geneva Convention and CISG in harmonising international trade and reaching acceptable compromises is outlined. The legal issues of common law and civil law are discussed in relation to commission agency. The doctrine of undisclosed agency is analysed and related to English law under which the agency must be named and disclosed. The review of literature provides theoretical rationale for the study drawing on the works by Muller-Freienfels, Ames and Higgins, Diplock, etc. In conclusion, harmonising methodology is outlined and suggestions are given to further accelerate the intensity of international trade.
(2004, 1500 words)
The essay attempts to identify an extent to which Human Rights Treaties peculiar in comparison to other international law treaties.
(2004, 1000 words)
This essay analyses the following statement: "It has been observed that the legal structure of international trade law does not rest on conventional ideas of legal obligations per se, but on a root concept of mutual and reciprocal 'benefits'". Essay discusses the origins and nature of International Trade Law and discusses the statement in question.
(2004, 4000 words)
Through the course of this essay it will be shown that the above statement can be partially supported and disagreed with. On the one hand it is true to say that the UK Commercial Law facilitates international trade by having straight forward rules that are strictly applied by the English courts in relation to 'free on board' and 'cost, insurance and fright' contracts. On the other hand such treatment did not follow as a response to the needs of international business community. This hypothesis will be proved by outlining the needs of the international business community. Followed by an outline of the rules and duties applicable to the seller and buyer under both 'free on board' and 'cost, insurance and freight' contracts. The examination will include the relevant case law, Acts of Parliament and Conventions. Lastly, some criticisms and analysis of problems, if they exist, that arise with interpreting and consequently applying international trade terms in relation to FOB and CIF contracts under Convention of Contracts for the International Sale of Goods 1980, Hague-Visby Rules 1924, the Sale of Goods Act 1979 and the Carriage of Goods by Sea Act 1971 and 1992, will be presented.
(2003, 2800 words)
This assignment aims to analyse the case concerning the patent law, and particularly compulsory licensing and parallel importing for drugs. The case arose from the dispute about AIDS drugs between the South African Government and 39 international pharmaceutical corporations. The battle was about the industry's patent protection rights and patients' rights to affordable medicines. In order to analyse the laws applied and those that could be applied to solve the dispute, we will examine TRIP's agreement, Medicines and Related Substances Control Amendment Act (South Africa - 1997), International Covenant on Economic, Social, and Cultural Rights, and WTO rules concerning Anti-dumping. In the end we will try to confront the case with similar cases and analyse the differences in their solutions and laws applied. We will also make some assumptions on how the analysed case will affect the international laws concerning patents for drugs and solutions of disputes that could arise in this field.
(2004, 3800 words)
The paper discusses whether multinational corporations are adequately regulated by nation states and that there is no need for any supranational regulatory regime.
(2003, 3800 words)
The paper discusses whether the Vienna Convention on Contracts for the International Sale of Goods ('CISG') was a success or not
(2003, 2500 words)
Article 28, whilst appearing relatively clear on first reading, has proved problematic and therefore produced a string of case law and discussion, which continues on today. The Article states ´Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States.Ž. This initially seems very clear in its implication. No Member State can restrict the quantity of imports from other member states. It is in the second part, the measures having equivalent effect (MEQRs) that the problems arise. In order to define the term ēmeasure equivalent to a quantitative restriction one needs to trace the problems and decisions arising from this issue, which using case law I aim to discuss.
(2002, 2500 words)
The doctrine of ´direct effectŽ of EC Law is applicable in principle at least to all binding Community law including EC Treaties, secondary legislation and international agreements. This means that provisions of EC Law which are clear, precise and unconditional can be relied upon by individuals in national courts or, more subjectively that a provision can confer individual rights. However there are difficulties with the idea of direct effect, and limitations as to where and when it will apply, the most problematic being directives. Even though there have been extensions of this idea, as seen with horizontal and indirect effect, the principle is still not without restriction. In this essay I would like to discuss what the limitations are, and whether or not they should still be maintained.
(2003, 4100 words)
Special provisions in favour of developing countries have been included in the WTO agreements, including provisions
- aimed at increasing trade opportunities for developing countries;
- requiring WTO Members to safeguard the interests of developing country members when adopting protective measures;
- allowing flexibility to developing countries in the use of economic and commercial policy instruments;
- granting longer transitional periods for the implementation by developing countries of various commitments flowing from these agreements; and
- for technical assistance in the implementation of their commitments
The paper assesses the extent to which these provisions have allowed developing countries to reap the full benefits from the results of the Uruguay Round.
(2003, 2500 words)
This essay is discussing whether arguments that an expansive concept of self-defence, including the idea that one State may use force against another to prevent what are perceived as possible future threats from the latter should be resisted both because they are clearly contrary to the present law and because they are undesirable on policy grounds.
Page 2>Page 3>
|
