International Court of Justice Jurisdiction Limited by State Consent Even for Jus Cogens Norms Violations
Law case - 4 pages - International law
The International Court of Justice plays a crucial role in resolving international disputes, but its jurisdiction is limited by the consent of the parties involved. Even in cases of serious violations, such as genocide, which is a jus cogens norm, the Court cannot rule without the consent of both...
International Law and Climate Refugees
Essay - 5 pages - International law
This document examines how different branches of international law address the issue of climate refugees, including human rights, refugee law, migration law, and environmental law.
Spanish Autonomism: A Legitimate Territorial and Administrative Articulation
Essay - 6 pages - International law
This document explores the concept of Spanish autonomism, a constitutionally framed and legitimate articulation between the central state and autonomous communities. It examines the Spanish Constitution's recognition of local autonomies and the principles that govern this relationship,...
Mastering International Waste Risks through International Law
Presentation - 5 pages - International law
This document explores the role of international law in managing radioactive waste, including the challenges and solutions presented by multilateral treaties and national programs. Discover how public international law addresses the risks associated with international waste and the importance of...
Council of State Judgment: Legality of Decree Excluding Migrant Workers from Housing Rights
Tutorials/exercises - 7 pages - International law
This document summarizes the Council of State judgment on the legality of a decree excluding migrant workers from housing rights, citing international law and constitutional principles. The case highlights the Council's competence to control laws in relation to international treaties and the...
The Emergence and Protection of the Right to Housing in France
Summary - 3 pages - International law
This document explores the emergence and protection of the right to housing in France, discussing the legal framework, solidarity rights, and the practical implementation of this right. It examines the role of international texts, the Court of Cassation, and the Council of State in shaping the...
India's Position on 'Use of Force' as 'Right of Self Defense' According to International Law, not as a Double Standard: A Critical Look at India's Recent Conflict with Pakistan
Dissertation - 18 pages - International law
In this paper, I critically explore the changing dependence of India on the right of self-defence as described in international law by paying special attention to the hostilities involved between it and Pakistan in the recent times since the early twenty first century, i.e. twenty first century....
The Nigeria Ogoni Investigation Commission: the role of the UNSC
Tutorials/exercises - 7 pages - International law
The Nigerian Government has been responsible for the violations of Human Rights under the International Covenant on Civil and Political Rights (1966) and under the International Covenant on Economic, Social and Cultural Rights (1966). The State of Nigeria ratified both covenants on the 29th of...
Is the fragmentation of International Law a pathological phenomenon or the sign of a healthy pluralism?
Essay - 4 pages - International law
The International Bank for Reconstruction and Development Articles of Agreement of 1944 emphasizes that the World Bank must disregard political factors and solely base its decisions and operation on economic grounds. Highlighting that the consent-based nature of the international legal system...
International contract
Tutorials/exercises - 3 pages - International law
Statement: You are the legal adviser of the French company SILEC CABLES, specialized in the manufacture of high voltage cables. You receive the following contract draft concerning the supply of cables to TREC as described here below. Please analyze the draft and answer the questions concerning...
Advisory Opinion on The Wall - International Court of Justice - Article 51 of the United Nations Charter and the right of self-defense
Essay - 3 pages - International law
In its Advisory Opinion on The Wall, the International Court of Justice declared that Article 51 of the United Nations Charter "recognizes the existence of an inherent right of self-defense in the case of armed attack by one State against another State", thereby implying that the right of...
European Court of Human Rights, Hirst vs United Kingdom (No. 2) [2005] ECHR 74025/01 - The mechanism to promote judicial and national dialogue
Law case study - 3 pages - International law
This document critically examines the impact of the judgment of the European Court of Human Rights in Hirst v United Kingdom (No. 2) [2005] ECHR 74025/01 as a mechanism to promote judicial and national dialogue. In Hirst v United Kingdom, the country faced the European Court of Human Rights'...
How and why is International Law Binding on States?
Essay - 3 pages - International law
While the legal nature of the subject itself has been often discussed and debated, it is generally considered that international law has legal value, notably because of its binding effect. Indeed, international law is binding on states, with obligations based on both moral and formal reasons....
The Impact of the Barcelona Traction Case on Shareholder Protection under International Law or The Diplomatic Protection of Companies and Shareholders
Thesis - 27 pages - International law
This research paper has been written by Mr Éric J. CHICATE-LAURENT, a student at University of Paris 1 Panthéon-Sorbonne. The Barcelona Traction judgment of the International Court of Justice (ICJ) of February 5th 1970, considerably shaped the protection of foreign investors. Indeed, this...
What Consequences did the Treaty of Trianon have on Hungary?
Essay - 4 pages - International law
After 4 years of war between 1914 and 1918, the Allies marked their victory by signing different treaties, like the Treaty of Trianon. Indeed, this treaty was signed on the fourth of June 1920 in Versailles by, on the one hand, most of the Allies (the UK, France, the USA, Italy, the Kingdom of...
Barcelona Traction, Light and Power Company, Limited
Presentation - 7 pages - International law
The Court examined the question: "Can a State provide diplomatic protection to its citizens who hold shares in a company incorporated in a different country when shareholders' interests are impacted by actions against the company?"
The Repercussions of the Law and its Impact on Individuals - Hart-Celler Immigration and Nationality Act of 1965
Tutorials/exercises - 1 pages - International law
When it was created, the bill was meant to eliminate race discrimination in immigration and allow people from all countries to come to the United States, not just white immigrants. The fact is that decades after this bill, we can see the clear impact it had on US immigration: in 1960, 84 percent...
Why do European courts refuse to enforce U.S. punitive damages?
Essay - 6 pages - International law
In terms of civil liability in Continental Europe, the principle is to compensate only for the damage. Civil liability is not punitive. The purpose is only to put the victim back in the situation she knew before the operative event. If the behavior deserves a sanction, it is a matter of criminal...
Fragmentation and inconsistency in international investment law
Essay - 5 pages - International law
It is a fallacy to think of international investment law as a general, coherent regime. The rules of law are splintered and fragmented, both in terms of their formal source and in terms of their application of particular disputes. What is more, there are no mechanisms in international investment...
The Jurisdictional Requirement of the Existence of a Legal Dispute
Essay - 2 pages - International law
In its 1974 judgment, the International Court of Justice (ICJ) resolved solely to admit a case before its framework on the very basis of the genuine existence of a dispute. This provision is not unique to the ICJ: the article 25(1) of the International Centre for Settlement of Investment Disputes...
Non-Appearance by a State Compatible with the Adversarial Principle: an Adversarial Procedure Reinstated by the Court
Essay - 5 pages - International law
Since the occupation of Crimea in February 2014, the Russian Federation has been violating the prohibition on the use of force under international law in Article 2(4) of the UN Charter with respect to Ukraine. Moreover, it was already an armed attack within the meaning of Article 51 of the...
History of the Common Law System on the English Legal System
Essay - 11 pages - International law
As a direct result of the colonization by the British, many of its states naturally acquired this common law system, being the English law in globo, maintaining its primary principles, procedures, actors and modes of proof. As a consequence of this adoption and utilization of English law, and the...
Offer and Acceptance
Course material - 5 pages - International law
A contract is considered as a legally binding agreement between two or more parties. The agreement creates legal rights and obligations that can be enforced in court. The courts have adopted an intellectual framework that analyzes transactions in terms of offer and acceptance to determine whether...
Administrative law in the United States
Essay - 4 pages - International law
Explaining the concept of administrative law can cause complications to many people. Therefore, before going further in this work, we will define the administrative law in advance for a better understanding. Administrative law is the set of rules that define the rights and obligations of an...
Essay on international agreements : sales of Covid-19 vaccines
Essay - 5 pages - International law
This situation has changed the world. Experiencing such situations require a certain level of implication and commitment on the international scale. Meaning, all the countries were henceforth concerned about this pandemic. Fever, dry cough, and exhaustion are the most prevalent Covid-19 symptoms....
How could international law support a transition to renewable sources of energy?
Essay - 4 pages - International law
Climate change is an international issue. Indeed, no matter how much greenhouse gases emissions decrease in Europe, if the world does not act collectively climate change and its consequences will continue. But climate change is not only an international topic, it intersects with many...
Should the death sentence be implemented globally?
Essay - 5 pages - International law
From the beginning of the world, there have always been multiple ways or theories of punishment. After researches and studies conducted by the experts of the domain, it was revealed that the death sentence takes its roots from the legal and political systems of many countries of the world....
The risks of democracies
Essay - 3 pages - International law
In order to determine whether there is a violation of due process, it is necessary to ask several cumulative and conditional questions. If so, is a fundamental right involved? And finally, depending on the answer to this question, it is necessary to apply the standards of the review to provide an...
State sovereignty in international public law
Essay - 5 pages - International law
Jean Bodin (1530-1596) considered that the concept of sovereignty is an absolute concept. Sovereignty is a key concept when it comes to dealing with the state and its place in the international arena. It is, indeed, a concept that has been fostered to characterize the intrinsic power of states:...
Estoppel: questions and case study
Essay - 5 pages - International law
The doctrine of the promissory estoppel is a remedy afforded to a party receiving a promise/representation (the promisee) enabling them to rely on that promise/representation made by the other party (the promisor) to recover damages due to the either beneficial or prejudicial and detrimental...
