...International Law and Municipal Law Issues: • Does domestic law override international law? • Does international law apply domestically? 1 Theoretical Issues • Monism: Essentially exponents of natural-law theories; consequently, they regard all law as part of the same universal normative order, with municipal law deriving its binding force by way of delegation from international law. Thus, monists consider international law a part of domestic law. • Dualism: Essentially exponents of legal positivists – therefore, they have an essentially consensual view of international law, believing that international and municipal law were two separate legal orders. International law must be incorporated into domestic law, for it to apply domestically. • Harmonisation: Assumes that international law forms part of municipal law but acknowledges that on occasions when there was a conflict between the two systems, a municipal judge would be bound by the jurisdictional rules of the domestic domain. 2 Primacy of International Law 1 Municipal Tribunals Whether international law has primacy over municipal law depends on each particular country’s constitution. In Australia, there is no express incorporation of international obligations in Australia. Implementing legislation is required for both treaty and customary international law to apply. See below for further information. 2 International Tribunals A State cannot invoke domestic laws as an excuse for failure...
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...engineersami66@gmail.com Contact: 03469197495/03311333315 BACKGROUND SUMMARY Avoid or responded to negative media coverage of an organization, public relations specialists write press releases and advise executives on the strategies and options available to deal with public perception about an organization. Utilized news management techniques, common known as 'spin,' to present a positive public image of the organization. Press secretaries often serve as the official spokesperson for a government department or a politician. MEMBERSHIPS * World Youth Alliance * National Youth Assembly * Human Rights Commission of Pakistan * International Association of Engineers * International Society for Environmental Information Sciences * International Safety Quality Environment Management Association EDUCATIONAL RECORD 1 S.S.C. From Warsak model school Peshawar (2004-2006) 1 DAE (Civil) Diploma of an Associate Civil Engineering Peshawar From Board of Technical Education Peshawar (2008-2010) 3 B.A (INTERNATIONALRELATONS) From Peshawar University 4 MA(Final) INTERNATIONAL RELATIONS MAJOR COURSES IN MASTER OF INTERNATIONAL RELATIONS * History of International Relations * Public International Law * International Trade * Politics of International Economic Relations * Strategic Studies * Foreign Policies of Neighboring Countries * Pakistan in World Affairs WORKING EXPERIENCE ...
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...development of codified law within the European context has necessitated a call for the development and adoption of similar rules in other parts of the world in a bid to inform the departure from applying common law and other rules elsewhere. In your view, do you believe that there is a case for developing such codified rules in the Kenyan context? (15mks) The codification of laws is a way of domesticating laws and brings more certainty in the application of the laws since there will be a clear reference to which any dispute will be directed. Codification of private international law bring about two pronged arguments being the constant tension between the need for legal certainty and predictability, on the one hand, and the need for flexible, equitable, and individualized solutions, on the other. This brings to light the kind of discretion the judge has in matters touching on private international law leading to uncertainty and unpredictability. On the other hand, taking into account matters of comity, public policy and justice to the parties to the case, fixed rules that do not bear in mind the foreign element in the case can be a cause of in justice to either party since the dimensions, circumstances and exigencies of the particular cases need to be looked at on a case by case basis to achieve justice. A country risks jeopardizing a broader scheme of "unification" by crystallizing local or national rules of conflict. The legislature of Kenya is not a universal law giver and hence...
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...development of codified law within the European context has necessitated a call for the development and adoption of similar rules in other parts of the world in a bid to inform the departure from applying common law and other rules elsewhere. In your view, do you believe that there is a case for developing such codified rules in the Kenyan context? (15mks) The codification of laws is a way of domesticating laws and brings more certainty in the application of the laws since there will be a clear reference to which any dispute will be directed. Codification of private international law bring about two pronged arguments being the constant tension between the need for legal certainty and predictability, on the one hand, and the need for flexible, equitable, and individualized solutions, on the other. This brings to light the kind of discretion the judge has in matters touching on private international law leading to uncertainty and unpredictability. On the other hand, taking into account matters of comity, public policy and justice to the parties to the case, fixed rules that do not bear in mind the foreign element in the case can be a cause of in justice to either party since the dimensions, circumstances and exigencies of the particular cases need to be looked at on a case by case basis to achieve justice. A country risks jeopardizing a broader scheme of "unification" by crystallizing local or national rules of conflict. The legislature of Kenya is not a universal law giver and hence...
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...Simulation Summary The issues that can be involve in resolving legal disputes in international transactions would be the conflict of laws. Some of the laws are concern with civil and commercial. This can be the jurisdiction of a Court, the law governing the relationship and the recognition and enforcement of the judgments. What some practical consideration in taking legal action against a foreign business is to look at the written agreement (contract). In the contract it should state the governing law and jurisdiction clauses. The governing clause would let the company know which country law will applies to any disputes under the contract. The jurisdiction clause will affirm in which country the legal action needs to be taken. For CadMex’s should take into account the decision to grant sublicensing agreements would be the financial revenue, open-ended terms, and finally the technology. Also CadMex’ should take into consideration the sublicensing rate, will it reflects the contributing value. When country custom and laws conflict with the customs and laws of an organization, it would be of expectations that the organization or company would have taken into the account the country customs, culture and laws. What prevail are the customs and laws of the country that the organization is conducting business in. A company to invest in the people of the country by seeking out the understanding of culture and customs would be a benefit to the company. How I would compare my...
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...RODNEY E. HAYS LAW 421 ADDRESSING INTERNATIONAL LEGAL AND ETHICAL ISSUES AUGUST 7, 2014 KEVIN MINCHEY Addressing International Legal and Ethical Issues Simulation Summary 1. What are the issues involved in resolving legal disputes in international transactions? In a standard legal dispute involving from an international trade transaction, it is foreseeable that an issue in the jurisdiction of private international law might arise. Each country conducting transactions needs to be aware of all legislations and international laws. Whether any foreign judgment obtained abroad might be enforceable in the home country. All companies conducting international transactions aboard should know what jurisdiction to try the dispute. They should know which country’s laws are applied to resolve all issues with the international transaction 2. What are some practical considerations of taking legal action against a foreign business partner based in another country? What any business needs to consider is the laws of the country they are thinking of doing business in. A U.S Company has to remember, a law in the U.S. is not the same law in another country. Should a law be broken, it may not be enforceable in another country as it can be enforced in the U.S. Even though, a contract is binding agreement, it is only binding if the law agrees. 3. What factors could work against CadMex's decision to grant sublicensing...
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...Addressing International Legal and Ethical Issues Simulation Summary LAW/421 August 31, 2015 Addressing International Legal and Ethical Issues Simulation Summary There are a few issues that must be considered in determining the best way to resolve legal disputes in an international transaction. Change in legislation, international laws and cultural difference are among the issues to consider. An issue that must be considered is how the contract was set up. If the company chose the wrong type of law when setting up the contract, then the company will not be protecting itself legally. Another issue to consider is what process would be used to resolve the dispute. Litigation, arbitration or some other alternative option that will best benefit the organization. Litigation in international courts has a low rate of success, and there is no governing body to enforce the ruling. Some practical consideration for taking legal action against a foreign business partner that is base in another country are ethical. Working condition that would be accepted in an undeveloped country would not be not be accepted in a developed nation. Miss treatment of employees is an issue that a business partner could take legal action another. Employees have a right that need to be also protected how a partner treat their employees reflect on the company as a whole. If granting the sublicensing agreement would hurt the firm in a country, then the government may not allow the agreement to take...
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...Addressing International Legal and Ethical Issues Simulation Summary 1. What are the issues involved in resolving legal disputes in international transactions? The issues involved in resolving legal disputes in international transactions include but are not limited to the signing of contracts designed to protect both parties, choice of clause, which forum to use when settling a dispute and if arbitration, if used, will be binding or nonbinding. Something else to think about when resolving legal disputes in international transactions would be to gauge when the government stands in the legal proceedings and to find out if the particular countries government can overrule any decisions made by the companies. Other issues would include the political situation, dominant international laws and cultural issues that would influence the achievement or disappointment of the business venture. 2. What are some practical considerations of taking legal action against a foreign business partner based in another country? Some practical considerations of taking legal action against a foreign business partner based in another country include looking out for the best interest of the company your represent as well as future business ventures with the company or country you are in business with. One would also have to take into consideration economic, legal, and ethical associations. The economy of the country that you are contracted with may have ulterior motives in the business arrangement...
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...Customary international Law, according to Article 38(1)(b) of the International Court of Justice Statute is defined as “evidence of general practice accepted as law”. A more implicit definition says, “Customary international law develops from the practice of States. To international lawyers, the practice of states' means official governmental conduct reflected in a variety of acts, including official statements at international conferences and in diplomatic exchanges, formal instructions to diplomatic agents, national court decisions, legislative measures or other actions taken by governments to deal with matters of international concern. (Public International Law In a Nutshell: 22-23). In examining customary international law in light of these definitions, this essay will seek not only to answer the questions of whether its method of creation is uncertain, its method of development, mysterious and its application arbitrary. Customary international law is created when a norm or principle embraces a particular set of characteristics. There has been great debate among legal academics as to the uncertainty of this method of creation. However, the implicit characterization of what is considered to be customary international law suggests that there is some measure of certainty pertaining the method of creation. According to Berkeley Law, for a principle or rule to be characterized as customary international law it must comprise of three undeniable characteristics, which include state...
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...THE RENATIONALIZATION OF YPF UNDER INTERNATIONAL LAW; A CASE STUDY Nina van Limburg Stirum Brouwersgracht 48-1, 1013GX Amsterdam 0621500446 Ninavls@hotmail.com 10127305 Bachelor essay supervisor: Jim Mathis Contents THE RENATIONALIZATION OF YPF UNDER INTERNATIONAL LAW; A CASE STUDY Introduction 3 Chapter 1: Expropriation and Nationalization in general 3 Chapter 2: Nationalization under international law 5 1: Public Purpose 6 2: Discrimination 7 3: Due Process 8 4: Compensation 9 Investment Treaties 9 Chapter 3: YPF; Yacimientos Petrolíferos Fiscales 13 Short history 13 April 2012 14 Chapter 4: Nationalization of YPF under international law 15 Access to the ICSID 17 Application of the law 18 Ad. 1: Public interest 18 Ad. 2: Discriminatory measures 19 Ad. 3:In accordance with the law (Due process) 20 Ad. 4: Adequate compensation 20 Conclusion 23 Bibliography 24 Introduction On the 16th April 2012 Argentine president Cristina Fernandez de Kirchner stated that her government was going to renationalize 51 per cent of the 58 per cent share of Yacimientos Petrolíferos Fiscales (YPF) owned by Repsol. YPF is the biggest Argentine oil company, since 1999 partly owned by the Spanish multinational Repsol. After months of negotiations the Argentine government accused Repsol of not investing sufficiently in YPF to maintain or recover reserves. Due to Repsol’s alleged neglect towards YPF the country...
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...------------------------------------------------- Team 129R 5th National Law School International Arbitration Moot Court Competition, 2012 ------------------------------------------------- ------------------------------------------------- In the matter of an Arbitration at, Somali City, Democratic Republic of Calona under the Calona-Nolania Bilateral Investment Treaty ------------------------------------------------- Wayne Electronics.........................................................................................................Claimant v. Democratic Republic of Calona……........................................................................Respondent ------------------------------------------------- (Arb/Cas/12/35) ------------------------------------------------- ------------------------------------------------- Memorandum for Respondent ------------------------------------------------- Table of Contents Table of Abbreviations I Index of Authorities IV Statement of Jurisdiction XI Statement of Facts XII Questions Presented XV Summary of Pleadings XVI Arguments Advanced 1 I. The Tribunal Does Not Have Jurisdiction Over The Claims Brought Before It. 1 A. The undertaking of the Claimant does not amount to an investment. 1 B. The Tribunal does not have jurisdiction over contractual matters. 2 1. The Tribunal does not have jurisdiction over contractual disputes because of an exclusive dispute resolution clause...
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...forum: http://legal-dictionary.thefreedictionary.com/forum A. Rationale for the doctrine of immunity of foreign states from the jurisdiction of the forum State is: - a state must not interfere with the public acts of foreign sovereign states, because sovereigns are equal and equals have no jurisdiction over one another - the judiciary may not interfere with the conduct of foreign policy by either national or foreign governmental authorities because of the doctrine of separation of powers. The doctrine of State immunity emerged as one of the earliest principles of international law. See also The Parliament Belge, where a British court of appeals held that “because of the absolute independence of every sovereign state, each other state must decline to exercise by means of its courts any of its territorial jurisdiction over the person of any sovereign or ambassador of any other state, or over the public property of any state which is destined for public use, or over the property of any ambassador, though such sovereign, ambassador or property may be on its territory.” B. Restrictive Doctrine of Immunity of Foreign States from Civil Jurisdiction At the time the doctrine of State immunity, emerged it was absolute and deemed to reflect customary international law. Gradually, towards the late 19th century the doctrine became more restrictive. The restrictive doctrine of State immunity in the U.S. – FSIA By the 1940’s, US courts began considering situations where...
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...A Brief Overview of International Law by Janet Munro-Nelson March 2009 (Download pdf) In matters of world-wide concern, it is international law that determines the responsibilities and obligations of each State, organisation or individual. In the past 50 years, the world has become even more interconnected with the huge leaps in communication and technology, and a growing dependency on other countries for resources and services. Despite recent bad press from some governments, international law is both necessary and important for international cooperation at every level. On a day-to-day level, international law functions effectively with little or no awareness by the participants and without any noticeable seams. One can travel internationally, television events are broadcast world-wide and postal and electronic mail is delivered across borders due to international agreements. The term “international law” actually covers different subsets of law including private international law, public international law, supranational or regional agreements and foreign policy law. When the term “international law” is used in the media or in everyday discussion, the reference is generally to public international law. A short overview of both private international and public international law is given below. Private International Law “Private international law” (as civil law countries such as France, Italy and Spain refer to it) or “conflict of laws” (as common law countries such as the...
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...Running Head: International Law International Law Nathaniel Coakley Troy University IR 5552 Dr. James F. Rinehart April 29, 2011 6407 FLATROCK RD #4 COLUMBUS, GA 31907 According to Slomanson, International Law is defined as the body rules that which nations consider binding in their mutual relations. It is assumed that all nations or states mentioned in this definition are a sovereign state. International Law has become much broader in scope with the increase of non-government organizations, the increase globalization, and the rising behavior of multinationals. This paper will describe what is International Law and its purpose. It will answer two important questions. The first being, is International Law a fundamental requirement of a modern, increasingly independent global system of states and non-states actors? The second question, does international law prevent from pursing its self-interest. Before we can really look at International we must compare it to Domestic Law and identify the differences between the two. The first difference is that Domestic Laws operate within the borders of a single state. Whereas, International Law operates on much broader scope than Domestic Law does. The second difference, there is no definite body in International Law. However, Domestic Law can be referred as the guidelines that summarize the union between the government and the citizens. The third difference between Domestic and International Law is in International...
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...aims to give an accessible introduction to an area of law that is the subject of change or public debate. International law 1 overview What is international law? – difference between international law and domestic law – Why do States obey international law? – subjects of international law – How do international law and domestic law interact? 4 sources of international law Jus cogens – international conventions and treaties – Australian treaty practice – custom – general principles of law – judicial decisions and writings of publicists – ‘hard law’ and ‘soft law’. 8 states What is a State? – rights of States – self-determination – creation and recognition of new States – case studies. AUTHOR NOTE: Jane Stratton currently leads corporate social responsibility programs in a leading Sydney law firm, teaches law students at a Sydney university and independently, undertakes community development projects in Western Sydney. Her work has included legal and policy roles in the Public Interest Advocacy Centre, the Australian Human Rights Commission, UN High Commission for Refugees and the ICTY. She has experience in litigious and political advocacy. Jane holds qualifications in law (Honours) and in Arts (Honours) from ANU and a Masters of Law from New York University. ACKNOWLEDGMENT: The publisher would like to thank Dr Ben Saul, Director, Sydney Centre for International and Global Law, for reading and commenting on the text. DESIGN: Bodoni...
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