Cool Phone's Case Analysis
Essay - 6 pages - Business law
This study involves a scenario where you are the vice-president of a 75-person company ("Company") in the fictional French-speaking country of Euphoria, whose capital is Anytown, whose legal system closely resembles that of France's, and which is party to the CISG. The company designs and...
The economics of the no-fault divorce law
Essay - 5 pages - Other law subjects
Marriage is a specific kind of contract "based upon a voluntary private agreement by a man and a woman to become husband and wife?. So in a sense, marriage is a contract like another one, the only difference being that the two contracting parties are strictly determined by the law as "only a...
Post-Conflict Justice in Rwanda
Essay - 5 pages - International law
Between April and July 1994, one of the largest atrocities of the 20th century occurred: the genocide of 800 000 Tutsis and moderate Hutus during the civil war in Rwanda. The country was inhabited by around 8 million people. This emphasizes the massive aspect of these slaughters. When the RPF...
Comparative Criminal Law: comparison between the French and the American system by studying Brenton Butler case
Essay - 2 pages - International law
In this document, we present the Brenton Butler case, where Mary Ann Stephens, who was a holiday, is shot in the head in front of her husband. Later, Brenton Butler, a 15 year old Black citizen, was arrested just because he was in a street near the place of crime and it was confirmed that he was...
Right to reputation and freedom of speech, a question of balance
Essay - 5 pages - Civil law
Right to reputation and freedom of speech (from which freedom of press derives) are two rights that have an unusual relation as the strict application of the first one renders impossible the existence of the second, and vice versa. The simultaneous application of these two rights makes it...
Maxims in equity
Essay - 3 pages - Civil law
The first part in Lord Brown-Wilkinson's citation "Although Equity will not aid a volunteer" is one of the most important maxims in equity. The general definition of a maxim is "a general truth or rule of conduct expressed in a sentence". In the context of equity, maxim has a particular...
Advantages and disadvantages of having a written Constitution: the example of United Kingdom
Essay - 3 pages - Constitutional law
A constitution is a legal document that sets out the relationships between the three main institutions of the state, that is to say the executive, the legislative and the judicial power, and that which also guarantees a certain amount of rights for the citizens. In a wider sense, and quoting...
Is the American Constitution the best in the world?
Essay - 3 pages - Constitutional law
"We, the people of the United States,?do ordain and establish this Constitution of the United States of America?. By these words starts the American Constitution. This document was adopted on September 17, 1787, by the Constitutional Convention, led by Thomas Jefferson and George Washington, and...
Arbitration in France, the Czech Republic and at the international level (2006)
Thesis - 11 pages - International law
Aristotle wrote, "For an arbitrator goes by the equity of a case, a judge by the law, and arbitration was invented with the express purpose of securing full power for equity." Arbitration is a form of Alternative Dispute Resolution, specifically, a legal alternative to litigation whereby the...
International business law, allied tows, inc. in Utopia
Essay - 15 pages - Business law
As a potential multinational firm, Allied Toys wants to implement a business development strategy in a predetermined country, in order to see if this model could be applicable as a 'worldwide development strategy'. The fact is that the Republic of Utopia is a country where setting up a...
The Stability Pact
Essay - 5 pages - Constitutional law
“The Stability Pact is stupid, like all decisions that are rigid […]” this declaration made by Romano Prodi in an interview for the French newspaper: Le Monde in October 2002 had given a nasty turn to the economical and political European scene. This quotation of the former...
Indirect takings (readings summary)
Book review - 2 pages - Business law
The concept of indirect taking lacks of a clear definition. Instead, it appears as a concept having a variable geometry. Contrary to the characterization of a situation of direct expropriation which is relatively easy and straightforward (ex: nationalization of an investment), the...
The U.S. and Bilateral Investment Treaties
Essay - 2 pages - Business law
The number of Bilateral Investment Treaties or BITs has grown dramatically during the last few decades. They are presented as an important tool of FDI and a key factor contributing to foster economic growth and development. As underlined in the paper, BITs have become the major tool for the...
NAFTA Dispute Settlement
Essay - 2 pages - Business law
This paper illustrates the tensions inherent to the North American Free Trade Agreement or NAFTA dispute settlement mechanism. They also underline the difficulties encountered to establish a proper balance between two legitimate and contradictory interests, namely the protection of investors'...
Customary International Law and FDI
Essay - 2 pages - Business law
The notions of expropriation and of its compensation are at the heart of every discussion pertaining to Foreign Direct Investment (FDI). In fact, one might argue that these notions, among others, reflect the complex nature inherent to the FDI mechanism. The complexity lies in the fact that the...
NAFTA's Chapter Eleven and Fair and Equitable Treatment
Essay - 2 pages - Business law
The interpretation of Article 1105 of the North American Free Trade Agreement or the NAFTA has generated and will generate many controversies regarding the meaning of its first paragraph. Given this provision's open language, the controversies and doubts are understandable. According to Meg...
Umbrella Clauses and Transfers
Essay - 2 pages - Business law
An umbrella clause generally reads as follows: "each party shall observe any obligation arising from a particular commitment it may have entered into with regard to a specific investment". We can infer from this statement that the aim of this clause is to protect any specific commitments by...
Forum-shopping and Amicus
Essay - 2 pages - Business law
The article by Professor's Bjorklund article underlines the complexity encountered by parties with respect to international investment litigation. The factors pertaining to this complexity are multiple and exist at virtually every stage in an investment operation. Among these factors of...
NAFTA's Chapter Eleven and Non-Discriminatory Treatment
Essay - 2 pages - Business law
One of the first and foremost agreements which has been driven by policy considerations is the NAFTA agreement. This agreement was especially created so that three important countries in the world (US, Mexico and Canada) would benefit economically. On clearly assessing this agreement, a layman...
The future of Investment Regulation
Essay - 2 pages - Business law
An attempt was made to terminate the introduction of one general text relating to the regulation of the FDI. In other words, the cancellation of the draft text pertaining to the Multilateral Agreement on Investment ("MAI") which was elaborated through the patronage of the Organization of...
From Russia with Love: Lessons of the Noga arbitration case
Dissertation - 20 pages - International law
Globalization is the new buzz word and the lingua franca of international business. With the numerous advantages flowing through globalization, this new process is taking a new shape by getting more critical and unyielding. To elucidate further on its uphill spin, an onlooker can observe its...
Unfair Terms in contract
Essay - 5 pages - Business law
Seller Ltd ("Seller?) is a manufacturer and seller of lifting equipment. Buyer Ltd, ("Buyer?), provides heavy goods vehicle servicing. On 1 July 2006 Buyer requested a copy of Seller's brochure and this was sent by post and received by Buyer on 3 July 2006. Tom, a representative of Buyer...
United Kingdom Immigration Laws, asylum laws and anti terrorism Laws
Essay - 5 pages - International law
In recent years, public attention has been focused on asylum seekers, but their numbers have fallen sharply. They are now less than 40,000 a year of whom only a quarter are given permission to stay in Britain, yet only one in five is actually removed. Meanwhile, other forms of immigration have...
What are the main differences between the civil and the common law systems ?
Essay - 5 pages - European law
The majority of legal authors divide the legal systems of the world into two mains groups : the common law on one hand, and the civil law on the other hand . The most interesting is that when you try to find definitions for those words, you often find the basic definition, and then, as a...
International commercial arbitration - published: 29/09/2010
Essay - 4 pages - International law
In the event of resolution of disputes related to international commercial agreements, the International commercial arbitration is one of several forms of dispute resolution. The use of arbitration has increased along with the growth of international trade and commerce and the accompanying...
The European Union Court of Justice is more relevant for the advance of the EU political unity than the Commission and the Parliament' - Discuss
Essay - 4 pages - European law
The European Union's political role has been a big issue among the main theoriticians of the European Union. The place of the European Parliament and the Commission in the process toward political unity is obvious. The Commission, as the institution which has the power for an initiative, can...
« In an EU of 25 members, all the old certainties will disappear. Discuss. »
Worksheets - 6 pages - European law
The Europe of 25 members is a factor of chances but also of risks. The enlarged European Union will not be the same at a bigger scale. The sphere of action of the European institutions is changing and it has to be adapted to a brand new structure. The socio-economic disparities between the Europe...
The accession of States to the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR)
Essay - 5 pages - International law
Today, various international instruments allow the protection and respect of human rights. Thus, the International Bill of Rights is the basis composed by the Universal Declaration of Human Rights in 1948 and the two subsequent International Covenants of 1966. The United Nations, which is...
The rule of precedent
Essay - 4 pages - Other law subjects
In a society ruled by law, it is essential that the law is applied in the same way to those in similar situations. This way people know when they are breaking “the law”. It also ensures that citizens are treated fairly, in the sense of being subject to the same judgement. The system...
Is the European Commission more or less powerful than it should be?
Essay - 4 pages - European law
The resignation en bloc of the Jacques Santer Commission, a few months ago, after charges of nepotism and mismanagement against some of its members, including Edith Cresson and Manuel Marín, has cast discredit on an institution that has already been much criticized in the past, portrayed as a...
