International Law Essays

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The Human Rights Dimensions Of Commercial Arbitration

Arbitration is the preferred means of means of resolving international commercial disputes mainly because of its perceived advantages over ligation in national courts, including party autonomy, privacy, neutrality, internationally enforceable awards, and procedural flexibility. The laws that govern arbitration in most countries are sourced from local statute, international conventions and, in England for example, the common law. International arbitral proceedings are guided also by increasingly standardised procedures and practices that help to maintain arbitration’s attraction over litigation for many commercial enterprises. This paper examines some of the issues raised (mainly in a European context) in relation to the adherence of

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Wto Unforeseen Developments Clause

One of the initial philosophies of the international trading system under the World Trade Organization has been that, member countries are bound by...

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Role Of Un In Post Cold War

The United Nations Organization (UN) website starts with an optimistic punch line…United Nations, We the Peoples….A stronger UN for a better ...

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Law Is A System Of Rules And Guidelines

Law is a system of rules and guidelines, usually enforced through a set of institutions. It shapes politics, economics and society in ...

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The Main Problems Of Environmental Impact Assessment

An ENVIRONMENTAL Impact Assessment (EIA) is a way by which we can assess different factors such as impact of environmental health of human ...

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Behrami And Ruzhdi Saramati

The claimants Agim Behrami and his son Bekir Behrami were living in Kosovo (now it is the Republic of Serbia) had filed the application on behalf of another son Gadaf Behrami who is now deceased. By that time, the territory of Kosovo was guided by several nations which was led by French authority and was mandated by the United Nations of Security Council under the Resolution of 1244, 1991. On March 2000, both Bekim and Gadaf Behrami were playing in the area of Mitrovica and found several undetonated

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The Indian Forest And Wildlife Acts

A forest is a terrestrial ecosystem, where communities of plants and animals interact with one another and with the physical environment (World Wide Fund for Nature). They are natural renewable resources. Countries differ in their forest cover, which in turn depends on various factors such as climate, availability of land, population density etc.

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Are Human Rights A Culturally Universal Phenomenon

Are all human rights universal, or are there some human rights that countries should be allowed to divert from for cultural reasons. Discuss the question referring to the relevant legal provisions and use evidence from the Armenian and other countries context to argue your point.

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International Legal Sovereign

Academic discourse examining the legal subject in the international community has traditionally endorsed the concept of state sovereignty. States, which held exclusive rights and obligations, were consequently seen as the only subjects of international law, or as entities “capable of possessing international rights and duties and endowed with the capacity to take legal action in the international plane. Such an entity is commonly referred to as an international legal person or as having legal personality.”

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Public Policy In International Arbitrations

Public policy can be generally defined as an .attempt by the government to address a public issue. According to Lord Truro, “Public policy is .that principle of law which holds that no subject can lawfully do, which has a tendency to be injurious

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East Timor

Portugal administered East Timor as a non-self-governing territory under United Nation Chapter XI. On 27th August 1975

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Assessing Factors Of National Security

National security is the necessity to maintain the endurance of the state through the use of political power, the exercise of diplomacy, economic ...

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An Analysis Of The Exclusionary Rule In The Us

The exclusionary rule is a legal rule that is used in the United States, stating that the evidence that was illegally seized by the police, cannot ...

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What Is The Theory Of Consent

The chief exponent of the theory of consent was Bynkershoek, which was later followed by more refinements by other jurists such as Zorn, Triepel and Anzilotti. [1] Bynkershoek took the position that the express or implied consent was the source of the basis of obligation in international law, and there was no room for existence of Inter- State law beyond what had been consented by them either expressly or impliedly. [2] According to these exponents, it is the will of the state that commands obedience both in municipal law and international law. Zorn goes to the

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International Court Of Justice And International Disputes

Is the International Court of Justice an effective mechanism for the peaceful settlement of international disputes?

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Is The Afghanistan War In Self Defense

Today, the world is faced with more terror threats than ever before. The ability of non-state actors to project force across the globe is particularly troubling in the context of their potential use of weapons of mass destruction (“WMD"). [1] This is largely viewed as a threat to national security by many nations, and in such a scenario, the self-proclaimed leaders of the world like to play games of hegemony and take matters into their own hands. A classic example of this, as already stated, is the United States of America. Self-defense is the defense mechanism adopted by

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Legal Aspects Of Oil And Gas Contracts

1.1 There are several contractual concepts used around the world by governments to permit international oil companies (‘IOC’) to carry out petroleum explorations and, in the event of a commercial discovery, development and production operations. The type of contract selected by a government and the terms and conditions agreed between the signing parties depend mainly on the government policy and the relative bargaining strengths of host countries, which are directly linked to the petroleum potential of the offered acreage and the international oil market situation [1] .

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Recognition Important Issues In International Law

Recognition is one of the most important issues in international Law, change is said to be a permanent thing, and this is also applicable to the international community as a whole.

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Role Of General Principle And Success Of International Environment Law Essay

The first ten years of environment policy from 1970 to 1980 were firstly marked by the risks to deal with individual situations, followed ...

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International Trade Agreements Eu Bilateral Or Multilateral

Is it more advantageous for emerging countries to agree international trade agreements with the EU on a bilateral or multilateral basis? Why?

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Human Trafficking An Unethical Business Practice

Human trafficking is a great example of unethical action as well as unethical business practice, because it is affecting peoples life and it is ...

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What Is The Purpose Of Asean

Malaysia believes strongly in active participation in international organizations to strengthen its relationship with other countries in the world. Some of these organizations include the United Nations (UN), Organization of Islamic Conference (OIC), Commonwealth and the Association of South East Asian Nations (ASEAN).

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Relevance Of International Law In Law Essay

Treaty of Westphalia The Westphalian treaty of 1648 were a landmark in establishing the principle of state sovereignty as a cornerstone of the ...

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World Trade Organisations Strengths And Weaknesses

At the time of its birth in 1995, there were great expectations for the future of the WTO and its role in the governance of the global economy ...

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Role Of Gatt In Promoting International Trade

The main role of GATT in the international trade was regulating the contracting parties to achieve the purpose of the agreement which were reducing...

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Challenges Of Restructuring The Un Security Council

1. The membership of the UN has seen a quantum increase from 60 to 192 countries since its existence. Barring three countries, all other countries of the world are the members of UN Security Council. Keeping the present status and the distribution of the permanent seats in mind the expansion of the UN Security Council’s permanent membership to achieve equitable geographical distribution is now a primary concern and a top priority. It is also important to realise that the future challenges to global security are not going to be global wars but more of asymmetric type of wars, limited wars, insurgencies

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Just War Theory And Humanitarian Intervention

History has provided evidence in support of the idea that the conduct of war is not a justifiable act in the view of humanity. Recent history ...

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The Purpose Of A Bill Of Lading

“Bill of lading" is a multiple purpose document; it acts as contract of carriage of goods by sea, as a formal receipt for the goods shipped and as a document of title. The function attributed to Bill of lading is based on ancient customs and usages followed by merchants in trade known as lex_marcatria (law merchants). Following is the brief analysis of law relating to “Bill of lading" i.e. “Carriage of Goods by Sea Act 1992", “Hague Visby Rules", which has the force of law in UK by virtue of “s.1 ch.19 of Sales of Goods Act 1971".

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The Legal Complexities Associated With Legal Pluralism In Australia

The recognition of the existence of traditional customs and laws in Australia has paved the way for increased use and acceptance of indigenous ...

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The International Conventions On Carriage Of Goods

With a view to critically analysing the international conventions on carriage of goods by sea, it is necessary for this essay to consider whether the international community has succeeded or failed to harmonise the law of international carriage of goods by sea. There is a need to consider what is involved with the carriage of goods internationally before considering the nature of international conventions that have been enacted in this regard with a view to achieving greater harmonisation. This means it is necessary to evaluate the conventions that have been put in place in this area including the Hague-Visby Rules

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In The Cases Of The Serbian And The Brazilian Loans Law Essays

Where there is a conflict between international obligations and national law, the international rule prevails. Under UN General Assembly 1949 and ...

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How Powerful Is The Wto

WTO is a major global economic actor and the first organization to come closer to becoming a world economic government. It has been established ...

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Public International Law

This case is about Dr. Humberto Alvarez-Machain, a citizen of Mexico, was forcibly kidnapped from his home in April of 1990 and flown by private plane to Texas, USA where he was arrested for his participation in the kidnapping and murder of an American Drug Enforcement Administration (DEA)

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