The object of this essay question is whether there is a conflict between the statements of Roche J. in Portsmouth Steamship v Liverpool & Glasgow Salvage[1]_ and The Hill Harmony[2]. To start with, both statements were made in the same field of application − that is to say, the duties of the Master to comply[…]
A survey of 1,000 professionals conducted by the Harvard Business School revealed that 94 per cent of them worked at least 50 hours a week, while almost half worked for more than 65 hours.[1] It was believed that the advent of modern technology would reduce the number of working hours, but the evidence points to[…]
Introduction The Maize Seeds doctrine was developed from the decision of the Court of Justice of the European Union (‘CJEU’) in the case of Nungesser KG v Commission of the European Communities[1] (hereafter, Maize Seeds case). It addressed the issues of exclusive licenses and territorial protection grants to licensees. The doctrine distinguished between open exclusive[…]
SECTION I: INTRODUCTION Disputing international companies who would like to settle the matter privately often prefer the option of arbitration. An arbitration clause in the contract, included as a pre-enforceable clause, enables the solving of a contractual issue when a dispute arises.[1] Alternatively, arbitration is the agreed method when the dispute arises. The privacy of[…]
Historical government apathy toward the world of sport and the way sports governing bodies have historically developed, i.e., independent and self-governing, means that neither their decisions nor the procedures employed in arriving at them are amenable to Judicial Review. Discuss the extent to which the above statement is true in the light of current law.[…]
Discuss the view that the corporate governance systems worldwide are inevitably converging towards a model based on shareholder primacy and dispersed ownership. The past decade has seen a rapid development in corporate governance systems worldwide. The result of disastrous corporate scandals has been hitting effective corporate governance systems worldwide, from Anglo-Saxon countries like USA and[…]
Shareholder Class Rights The Companies Act 2006[1] (CA 2006) replaced Companies Act 1985[2] and it provides a significant amount of protection for shareholders. The main features of a share include a right to dividends which are declared on the shares, a right to vote at general meetings (unless the share is non-voting), rights of membership[…]
New patterns of flexible non-standard working characterised by a trinity of ‘casualisation, externalisation and informalisation1’ have superseded the 1950s-1980s’ Fordist notion of the ‘standard employee2’ which was ‘the conceptual foundation on which post-war risk sharing institutions and social insurance were built.’3 It is clear that with the rise in atypical forms of working – and[…]
The European Convention on Human Rights was put in place by the Council of Europe as a way of ensuring respect for personal autonomy, the inherent dignity of persons and the equality of all men and women. It offers a judicial approach to the protection of the fundamental rights and freedoms it concerns. For the[…]
The United States and all other nations have their own systems of enacting laws for governing. However, there are numerous categories of laws and different laws are enacted for different purposes. Two types are public laws and private laws. This paper addresses the similarities and differences between these types of laws and their advantages and[…]
INTRODUCTION It would perhaps not be an exaggeration were one to say that the ever-increasing urgency to strike that elusive balance between promoting global economic development on the one hand, and simultaneously preserve the fast eroding biological and cultural diversity of the planet on the other, is probably one of the trickiest questions of our[…]
Introduction This section will track the development of the right to life contained in Article 2 of the European Convention on Human Rights (ECHR). It will analyse the way in which the jurisprudence of the European Commission on Human Rights (the Commission) and the European Court of Human Rights (ECtHR) have sought to develop the[…]
QUESTION “The purely procedural and narrow view of Environmental Impact Assessment…represents a simplistic view of the instrument that has to some extent been overtaken by a recognition of its broader functions, particularly those which reflect environmental governance strategies of participation and social learning” (Holder). Discuss, including in your discussion an appraisal of the extent to[…]
An enduring link exists in the public mind between dangerousness and mental disorder (Link et al 1999a: 316). ‘Mental disorder’ is defined in the Mental Health Act 1983 (amended by the Mental Health Act 2007) (Jones 2009:307) under section 1 as “any disorder or any disability of the mind”. ‘Mental illness’ encompasses diagnoses of ‘psychoses,[…]
ABSTRACT Internet defamation litigation differs from traditional libel litigation as unique challenges such as jurisdiction issues, anonymity of the author responsible for the defamation and the cost of successfully tracking down the defendant, face a claimant seeking a remedy for destroyed goodwill of a business or damage to reputation1. This work provides a guide for[…]
Question “Domestic competition rules and EU state aid rules are an attempt to ensure anti-competitive activities are punitively sanctioned. However, during the current financial crisis, States have sought to put rules governing competition to one side to protect the national interest. Discuss in light of the nationalisation of Northern Rock and Bradford & Bingley, and[…]
‘It is best if insolvent companies are liquidated as soon as possible and creditors paid out. Doing anything else with such companies is just not efficient’. INTRODUCTION It can be said that the actual development of the insolvency law has taken place over the last decade or so. Before, I embark on this paper, I[…]
Certain obligations are erga omnes jus cogens. Erga Omnes can be said to be the obligation while jus cogen is the norm which the state must be obliged to follow. These are a source of international law which are of a different nature than other sources of international law, whether they are derived from custom[…]
Q.1 The various money laundering provisions are designed to ensure that the banker spies on his clients. However, these provisions are justified under legislation designed to prevent and detect terrorism, fraud, drug trafficking and other criminal activity and do not threaten the banker/customer relationship. Critically discuss this statement. This question deals with the money laundering[…]
When we obey laws, in the sense of general abstract rules, laid down irrespective of their application to us, we are not subject to another man’s will and are therefore free.1 I consider a basic question: ‘If the rule of law imbues a legal system with legality does it also serve the interests of justice?’[…]
Collective bargaining gives employees a voice in determining their terms and conditions of employment.’ Is collective bargaining still the dominant trade union method in the UK? Do the alternatives to bargaining satisfy the expression of employee voice? Chapter 1 1. Introduction Collective bargaining is the method which is used by employees to negotiate and[…]
The European Commission, as ‘ Guardian of the Treaties ‘ has been given the role of supervising and enforcing the implementation of EU law. Under Article 211 of the EC Treaty i, the Commission has the general, and potentially far reaching power, to ‘ ensure that the provisions of this Treaty and the measures taken by the institutions pursuant[…]
Chapter 1 1. Introduction Collective bargaining is the method which is used by employees to negotiate and bargain better employment conditions with employers. Collective bargaining was predominately practiced by trade unions which consisted of employees, past employees and unemployed professional to enhance their bargaining influence on employers. However, there are findings which suggest that the[…]