...in order to uniform and harmonize body of rules applicable to international commercial litigation. For example, Lugano convention harmonized rules in order to determine competence of jurisdiction, or the Convention of Vienna on international sales of goods determines competence of jurisdiction and the law applicable. In order to explain which criterion is more important in the construction of private international law concerned with international commercial litigation, it will be relevant to focus this study on the rules of competence of jurisdiction. Besides the general system of conventions, as explained above, judicial traditions of countries can explain debates around the best ways to enact rules on international trade, and especially international litigations arise from commercial relationships between actors. Indeed, on one hand, common law countries focus on the role of the judge for the creation, the interpretation and the application of law rules. Some authors argue that the predominance of the judge in common law judicial system translates a pragmatism to resolve disputes related to civil and commercial matters. Moreover, certain procedures in the common law system will provide flexibility that economics and commercials actors need in order to conduct their businesses. On the other hand, parties can agree on competence of jurisdiction. Indeed, this competence will be determined by their choice. For practical reasons,...
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...Do Judges Make Law? A law is an obligatory rule of conduct imposed and enforced by the sovereign. Therefore the law is the body of principles recognized and enforced by the state in the application of justice. The law is mainly made by a parliament, a legislative body given power by the constitution to draft law. However in the last few decades there has been a notion that judges make law. A judge is a public official appointed or elected to hear and decide legal matters in court, Judges exercise judicial power. This involves making binding decisions affecting the rights and duties of citizens and institutions. In carrying out this task, a judge can use any of the following three sources of Ugandan law, Acts of Parliament or legislation, the common law, or previous decisions by the courts and a constitution Do judges make law? To ask the question “do judges make law?” Implies that perhaps to some extent they do make law. A great deal of controversy has centered on this question as to how far judges can legitimately make law although a great number such as lord Bentham have referred to it as a “childish fiction” thus judges cannot make law. Many other scholars more so those that are followers of the realist school of thought have placed absolute emphasis on the discretion of judges and relegated the "rules" to an obscure position. It can however not be denied looking closely at the present legal system that judges have played a dominant role in moulding the doctrines of the...
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...between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith Giuditta Cordero Moss∗ ∗ University of Oslo, g.c.moss@jus.uio.no Recommended Citation Giuditta Cordero Moss (2007) “International Contracts between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith,” Global Jurist: Vol. 7: Iss. 1 (Advances), Article 3. Available at: http://www.bepress.com/gj/vol7/iss1/art3 Copyright c 2007 The Berkeley Electronic Press. All rights reserved. International Contracts between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith∗ Giuditta Cordero Moss Abstract Most commercial contracts are nowadays written on the basis of English or American contract models, irrespective of whether the legal relationship that the contracts regulate is governed by a law belonging to a Common Law system or not. These contract models are drafted on the basis of the requirements and structure of the respective Common Law system in which they were originally meant to operate. These models may therefore be in part ineffective or parts thereof may redundant, if the governing law belongs to a Civilian system. To overcome this tension between Common and Civil Law, it is sometimes recommended to subject international contracts to non-state sources of law (also referred...
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...The Fluid Landscape of Legal Systems Question 2 Roger Cotterrell has written the following: “What all of these indications add up to is the recognition that neither legal systems nor societies can be thought of as unified and integrated in the way that western thought has often assumed. A comparative legal perspective is no more than the systematic recognition that law is always fluid, pluralistic, contested and subject to often contradictory pressures from both inside and outside its jurisdiction; that it reflects an always unstable diversity of traditions, interests, allegiances, and ultimate values and beliefs. If the comparative perspective on law was once a view of the exotic ‘legal other’ or of the ‘external relations’ of one’s own law with the law of other peoples in other lands, now it is a view of transnational legal patterns and of the cultural complexities of law at home. We live in conditions where the law of the nation-state must respond to a great plurality of demands from different population groups within its jurisdiction. At the same time, it must respond to powerful external pressures. Legal thought in national contexts is being fragmented from within in a new ‘jurisprudence of difference’…and globalized from without in demands for transnational harmonization or uniformity. (“Culture, Comparison, Community” by Roger Cotterrell) Kindly react to this statement, supporting your personal views and conclusions with research, analysis, examples and well-reasoned...
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...SCHEME OF EXAMINATION & DETAILED SYLLABUS for BA LLB Five Year Integrated Course (w.e.f. 2008 – 2009) UNIVERSITY SCHOOL OF LAW AND LEGAL STUDIES Guru Gobind Singh Indraprastha University Kashmere Gate, Delhi – 110403 (With effect from the Academic Session 2008-2009) 1 FIVE-YEAR LAW COURSE BA LLB (H) PROGRAMME w.e.f. Academic Session 2008 – 2009 FIRST YEAR First Semester Paper Code LLB 101 BA LLB 103 BA LLB 105 LLB 107 LLB 111 BA LLB 113 BA LLB 115 SUBJECTS Legal Method History-I (Indian History) Political Science-I Law of Contract – I English and Legal Language Sociology-I (Introduction to Sociology) Economics-I (Microeconomic Analysis) Total Second Semester L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 Paper Code LLB 102 BA LLB 104 LLB 110 LLB 112 SUBJECTS L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 History – II (Legal History) Political Science – II Law of Contract – II Techniques of Communication, Client Interviewing and Counselling BA LLB 114 Environmental Studies BA LLB 116 Sociology-II (Indian Society) BA LLB 118 Economics – II (Macroeconomic Analysis) Total (With effect from the Academic Session 2008-2009) 2 SECOND YEAR Third Semester SUBJECTS L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 Paper Code LLB 201 LLB 203 LLB 205 LLB 207 LLB 209 BA LLB 213 Business Law Family Law – I Constitutional Law – I Law of Crimes – I Advocacy Skills History – III (History of Modern Europe: 1740-1947) BA LLB 215 Political Science – III Total Fourth...
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...------------------------------------------------- BMAN31090 Comparative Industrial Relations To what extent does the current EU framework provide the basis for the reconciliation of social and economic rights in the areas of EU freedoms, posting of workers and industrial action? Discuss with reference to the situation in at least three of the core countries. Introduction: Since the formation of the European Union in the 1950s, there has been a constant tension between the market aim of the union and social policy. The enlargement of the EU in 2004 and 2007 deepened even further these misalignments and in some respects it can be argued that a tension between new and old Member States started to emerge. Arnholtz and Mailand (2013) argues that the social dimension of the EU is as old as itself. Nonetheless it was not until the early 1980s that the European Union started to gradually develop a genuine social dimension to complement economic integration. This social dimension includes directives that are considered to be 'hard-law' as well as 'soft-law' which deal with aspects such as 'Open Methods of coordination' and the voluntary agreements of social partners. The aim of this paper is to discuss the implications of economic and social policies in the European labour market. In order to get the argument across, the emphasis will be put on four major legal cases that were interpreted by the European Court of Justice and the implications of the rulings on several member...
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...chilot.wordpress.com Legal Research Methods Teaching Material Prepared by: Prof (Dr) Khushal Vibhute & Filipos Aynale m Prepared under the Sponsorship of the Justice and Legal System Research Institute 2009 chilot.wordpress.com TABLE OF CONTENTS UNIT 1: INTRODUCTION-------------------------------------------------------------------1 1.1 Introduction--------------------------------------------------------------------------------------------------------2 1.2 Law and Society: Mutual Relationship & Interaction-----------------------------------------------------3 1.3 Legal System: A System of Norms and Social System?---------------------------------------------------4 1.4 Role of Law in A Planned Socio-Economic Development------------------------------------------------6 UNIT 2: LEGAL RESEARCH: AN INTRODUCTION----------------------------------8 2.1 What is research?-----------------------------------------------------------------------------------------------10 2.1.1 2.1.2 2.1.3 2.1.4 Meaning of research---------------------------------------------------------------------------------10 Objectives of research-------------------------------------------------------------------------------12 Motivation in research------------------------------------------------------------------------------13 Research and scientific method-------------------------------------------------------------------14 2.2 Types of research------------------------------------------------------------------------------------------------15...
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...other in the search for applicable law in a concrete situation by government officials, judges and legislators. The separateness of these two sources is at times not clear, but shall always be maintained. Rules derived from both sources contribute to the body of international law, and they are rules of equal force. The rules thus derived from them may restrict each other in application and conflict in content, thus being conducive to strangeness in law, and may become asymmetrically opposed. This brief description reveals the relationship between treaties and international custom which can influence international practices. That influence can result in different significant consequences for international relations as a whole. This work is concerned with the relationship between treaty and custom at the international level. Introduction There is still no consensus among academics and other interested parties as to what international law is. However, Prof. J. G. Starke has stated that: “International law consists of a system of laws, the majority of which applies to states but also regulates activities of individuals and international organizations when it becomes the concern for the international community”. There are several sources of international law, including international conventions, whether general or particular establishing rules expressly recognized by contesting states; custom, as evidence of a general practice accepted as law;...
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...EQUAL RIGHTS IN LAWS RELATING TO DIVORCE: A COMPARATIVE STUDY OF DIFFERENT PERSONAL LAWS IN BANGLADESH A Research Monograph Submitted as Partial Fulfillment of Master of Laws (LLM) Degree Submitted By: Examination Roll No. 08239085 Registration NO.3347 Examination: 2012 Session: 2007-2008 DEPATMENT OF LAW UNIVERSITY OF RAJSHAHI BANGLADESH DECEMBER 2012 DECLARATION The researcher, as a candidate for the degree of Master of Laws (LLM), is fully aware of the rules and regulations of the University of Rajshahi relating to the preparation, submission, retention and use of a research monograph. She acknowledges that the University requires the research monograph to be retained in the library for record purposes and that within Copyright privileges of the author it should be accessible for consultation and copying at the discretion of the library authority and in accordance with the Copyright Act 2000. I authorise the University of Rajshahi to publish an abstract of this research. The researcher also declares that this research monograph entitled ‘Equal Rights in Laws relating to Divorce: A Comparative Study of Different Personal Laws of Bangladesh’ is solely the outcome of her own efforts and research for the partial fulfillment of the degree of LLM. No part of this research monograph in any form has been submitted to any other department or institution for the award of any degree or diploma or to any journal for the purposes of publication. Researcher ...
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...International Commercial Law and International Business Transactions Bristan Keller BUS 378 International Business Law Ashford University Instructor Jumper May 5, 2014 International Commercial Law and International Business Transactions In recent years, various conflicts of law have been identified regarding commercial law and international business transactions. In most cases, there are procedures to follow when a conflict of law comes into play. In others, much is open to interpretation and can be argued in favor of all parties. Normally if this happens, mediation is sought after and all parties compromise upon agreeable terms. Though there are various issues, international commercial law affects international business transactions and strategies through combining common law, international policies, and international organizations. In 2001 the Brussels Convention of 1968 was replaced with the Brussels I Regulation. This has been the topic of many debates as it governs cross-border disputes in civil matter and commercial matters in the European Union (EU). The Brussels I Regulation establishes rules regarding international jurisdictions of courts in addition to enforcing foreign judgments. The regulation was revised in 2007 and publicized in the Heidelberg Report. “It became apparent that the question of possible inclusion of arbitration in the scope of the Regulation would be a controversial question during the revision process.” (Hauberg, 2014) Theoretically...
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...methodology, and reasoning behind comparative Old Testament studies. It then concludes with the principles and goals each student should possess as he or she studies the Old Testament. His synopsis of comparative Old Testament studies begins with the resurgence of Egyptian and Mesopotamian archaeological studies during the eighteenth and nineteenth centuries.[1] He then moves on to discuss the impact of Friedrich Delitzsch’s lectures concerning how the writers of the Old Testament borrowed from extrabiblical sources set the stage for many secular ideologies removing the special revelation aspect from the Bible. This allowed two things to take place. First, it brought out the comparative study of the Bible into a critical realm; and second, it made Assyriology, Egyptology, and Hittitology serious academic disciplines which have greatly enhanced modern man’s understanding of these ancient cultures. While Walton discusses several forms of Old Testament study, his opinion favors comparative studies. He starts with explaining the reasoning for sound methodological comparative study and moves on to answer the “why” it should be performed over other studies. In his view, it expands the student’s understanding of four culturally significant areas: language and literature, literary genre, religious practice, and theology. His conclusion provides ten specific principles which, in his opinion are the foundational matters of comparative studies. He ends this chapter...
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... 2. Actual management of the affairs of the state by the executive, judicial, and legislative branches of government – PUBLIC ADMINISTRATION 3. Development of ideas relating to the origin, form, behavior and purposes of the State – POLITICAL THEORY 4. Structure and functions of national and local government units – GOVERNMENT 5. The interplay of societal forces influencing political actions and decisions – POLITICAL DYNAMICS 6. Description and analysis of the similarities and differences among states – COMPARATIVE GOVERNMENT 7. Principles governing and regulating the relationship and conduct of states – INTERNATIONAL RELATIONS 8. The vital role of law-making bodies in rule making – LEGISLATURE 9. The exercise of the regulatory function of government affecting the national economy – GOVERNMENT AND BUSINESS 10. Constitutional and legal principles governing governments and individuals as they relate with one another – PUBLIC LAW C. Which image of politics in the Philippines is associated with each of the following? 11. Predetermined decisions and actions of the men and officers of the AFP to influence government decisions - GAME OF THE GENERAL POLITICS 12. Decision-making by Bro. Eraño Manalo and Mike Velarde with important political implications – FAITH BASED POLITICS 13. Pres. Arroyo gifting congressmen to legislate the expanded value-added tax – CHIEF EXECUTIVE POLITICS 14. A drug lord donating campaign funds to a well-known...
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...CRIME, PROCEDURE AND EVIDENCE IN A COMPARATIVE AND INTERNATIONAL CONTEXT This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor...
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...Criminal Liability of Corporation: An Indian Perspective Manjeet Kumar Sahu* Abstract Current Supreme Court’s decision have made the stand apparently clear in India that the Corporation can be prosecuted as a separate legal entity even in the offences where the punishment is imprisonment. This Paper explains the present status of India on Corporate Criminal Liability and how judicial decision is inconsistent with the legal provisions. It further provides the current situation about the corporate criminal liability in the International scenario. The apex court’s decision under various matters reflects the gravity of the concerned problem i.e being faced by the aggrieved parties. The Concept of “No soul to kick” has become obsolete and applicability of lifting the corporate veil has unveiled the sheath. The current research on this subject have been included and it is substantiated with the effect of recent Supreme Court’s judgement and also focused on the dilemmatic situation of the Court’s decision. Keywords: Corporation, Criminal Liability, Judicial Decision, Legal provision, International Scenario, Dilemmatic Situation. Introduction A company can only act through human beings and a human being who commits an offence on account of or for the benefit of a company will be responsible for that offence himself. The importance of incorporation is that it makes the company itself liable in certain circumstances, as well as the human beings. ---------Glanville Williams The...
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...NATIONAL UNIVERSITY «ODESSA LAW ACADEMY» Department of International Law and International Relations TERM PAPER In Legal Philosophy on topic: «Judicial Precedent» By the 1st year student of the 1st group Of the Faculty of International Legal Relations Supervisor: Prof. National scale ___________ Number of points ______ Assessment ECTS _______ Commission members: ___________ _______________________ ___________ _______________________ ___________ _______________________ ODESSA 2014 THEME: Judicial Precedent PLAN INTRODUCTION …………………………………..…………………………… 3CHAPTER 1. Judicial Precedent: generals 1.1. Definition of judicial precedent ………………………………….…... 51.2. The doctrine of stare decisis ……..………………………….……..… 61.3. Ratio decidendi and Obiter dictum …..………………………….....… 7CHAPTER 2. Types of precedent2.1. Verticality ……………………………………………………………. 102.2. Horizontality ………………………………………………………… 112.3. Binding precedent …………………………………………….……... 122.4. Persuasive precedent ………………………………………………… 15 CHAPTER 3. Avoiding precedent 3.1. Distinguishing …………………..……………………………………. 19 3.2. Overruling ……………………………………………………………. 19 3.3. Reversing ……………………………………………………………... 20 3.4. Per incuriam…………………………………………………………… 20 CONCLUSION …………………………………………………………………... 22LITERATURE …………………………………………………………………... 25 | INTRODUCTION At the present stage of development of Ukraine in the framework of the democratic process, there are the emergence...
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