Essays on Tribunal

In the medieval period, the cornerstone of different Kingdoms was based merely on their particular religious beliefs. Inquisition refers to the process of enforcing one's religious and moral principle to individual and using mechanism such as torture to ensure all the set principles have been conformed to. Therefore, it is worth noting that, religious factors are the underlying reason that led to the breakout of the of the Spanish Inquisition, which began in 1231 AD when the pope appointed an inquisitor general during the reign of Henry III of Castile and Leon in the year 1390-1406 (Rawling 192). The ...

International Criminal Law

Question 1 A. There are several modes of the liability that are used for the determination of the liability of the person prosecuted for the international crime. Given the merits of the case in question, the prime minister of Sanchista should be liable for the order issued in reference to the Nisum Campaign. The provisions of the ICTY are designed in the manner so that to address all criminal offences that are committed by the state bodies and relevant executives in the prosecution of particular persons. The article 6 of the ICTY defines that committing of the criminal actions ...

Most people have tried to explain the term justice from different perspectives. Justice is seen as a simple word, but the truth is the word justice is very complicated. Justice can be based on the concept of moral rightness that has varying perspectives on ethics, fairness, religion, rationality and law. On the other hand, justice can be termed as fairness in the protection of the rights and the punishment of wrongs. While the legal systems and other tribunal aim to uphold the ideal through the proper and fair administration of the laws, it's likely to have the unjust laws ...

Similarities between the Roles of Actus Reus and Mens Rea

The main similarity between these two elements of a crime is that both of them must be sufficiently proved to have been present during the alleged commission of the crime in question for a safe and legal conviction to be secured by the prosecution. If any of these elements is absent, lacking, or has not been sufficiently proved beyond reasonable doubt by the state, an accused is to be acquitted. Moreover, both of the play the role of ensuring that people are only convicted of offenses that they have positively committed with the full knowledge of the consequences or ...

Introduction

For the last two decades the popularity of the international investment arbitration and legislation has been dramatically increased. The volume of cases considered by virtue of the interpretation of the provisions of the bilateral investment treaties signed between the parties of the commercial relations has been increased. In addition, this trend reflects the preference of the business units and states in signing agreements with the umbrella clauses due to their simplicity and efficiency in determination of the disputes between the parties. The availability of several mechanisms that can be used for the determination of the interests of the parties ...

Essay

The Relevance of the Common Law to the New Zealand Legal System The legal system of New Zealand comprises legal principles obtained from the English 'common law', legislation or precedent which comes from the amassed and compiled court decisions or resolutions. Constitutional guidelines which are embedded in the common law involve specific civil rights, like the right to freedom of expression, including the Governor-General's specific powers and the majority rule in the parliament system (Gearey, Morrison, & Jago, 2013). Similar to England, the rule of parliamentary sovereignty is firmly institutionalized and Parliament in consequence has the authority to overrule or ...

The Federal Arbitration Act (FAA)—Title 9, US Code, Section 1-14—was first enacted on February 12, 1925. FAA underwent a few developments through the years. It was codified on July 30, 1947 (61 Stat. 669). It was amended September 3, 1954 (68 Stat. 1233); added Chapter 2 on July 31, 1970 (84 Stat. 692); added two new Sections in October of 1988; renumbered on December 1, 1990 (PLs669 and 702); added Chapter 3 on August 15, 1990 (PL 101-369); and, added Section 10 on November 15, 1990. The FAA provides the guideline for the enforcement of arbitration agreements ...

Purpose Statement

In assessing the advice that can be given to Richard regarding any claims he may have against Better Homes Housing Association and any remedies he would be entitled to if he was successful it is necessary to critically assess the relationship that his situation has with the legal requirements that can be associated with his position. One of the most essential functions of employment law is ensuring both the safety and equity of workers. In doing so, their ability to work within a just environment can be ensured. In considering the relationship between employers, workers, and the contracts that ...

Dear Editor,

I am a regular reader of National Geographic magazine, and I am writing this letter to express my praise for including articles related to animal behavior. I was excited to read the article, “Why an Eagle Really Grabbed a Kid” by Rachel Becker, published on 12/7/2016. It was about a wedge tailed eagle swooping down to prey on a young boy, at the Alice Springs Desert Park in Australia’s Northern Territory. It was an interesting event and I wished the author provided a more elaborate account of the events, rather than passing around what is already known from ...

Discrimination in the place of work has been a barrier to the United Kingdom's development. The constitution of the country recognizes that everyone is equal. In 2010, the Equality Act was promulgated with an aim of reducing economic and social disparities within the United Kingdom. Following its promulgation, the business community expressed their concerns on its implication. This paper is set to examine the United Kingdom Equality Act 2010 as well as its consequences for the business community. The Equality Act 2010 was introduced with the view of ensuring that discrimination in the workplace is eliminated. Certain characteristics are ...

Arguments for Aboriginal Child Protection

In most countries of the world, the level of democracy has reached recognition points whereby people have exclusive rights to express their democratic rights. Governments are made on the basis of the popularity of political parties and individuals who dominate these governments tend to make policies that protect their interests and those of their families. These individuals usually constitute the majority in the country and once they get into throne, they tend to disregard the positions of the minorities. In some cases, public policies tend to be discriminatory where social services and protection are offered to particular groups while ...

Question 1.

The Supreme Court of New South Wales is the highest court of the state, with the unlimited civil jurisdiction. The Court has appellate and trial jurisdictions, in addition to the jurisdiction granted by specific statutes. The Court acts as a supervisor over other NSW courts and tribunals. (Supreme Court NSW) Mental Health Review Tribunal is a non-judicial tribunal established under the Mental Health Act 2007 NSW. The Tribunal has a wide authority to conduct various inquiries in the field of mental health, issue orders, hear appeals regarding the treatment of people with a mental illness. The Tribunal has the ...

Critically Examine the Contribution made by the International Criminal Tribunal for Rwanda to the Development of the International Law of Genocide. Critically Examine the Contribution Made by the International Criminal Tribunal for Rwanda to the Development of the International Law of Genocide. At the core of the international law of genocide is the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). The Genocide Convention came about in 1948 through General Assembly Resolution 260. It came into force in 1951. One hundred forty states ratified the Convention. Its purpose was to deter future acts of ...

Research Paper

Abstract Armed conflicts, both domestic and international, have used children in combat, either directly-- as soldiers-- or indirectly. Children are preferred by numerous commanders because they are more obedient, more easily persuaded, and more loyal than adults. However, this phenomenon has become a national and global issue because of the physical, emotional, and psychological damages it bring to the children who are involved in combat. The international community has actively addressed the issue through legal actions. The 1949 Geneva Conventions and the 1977 Additional Protocols came into being as part of the efforts of the international community to protect ...

In this case, IBM developed the dial-up-era dinosaur programme which was developed with the aim of connecting the customers with the company through the social media networks. This however, was similar to a similar product that had been developed by The Groupon Ltd. Groupon went further to obtain a patent to bar the other companies from using the similar product. This product as per the business ethics were said to be unfair in terms of being unfair to Groupon since it had the patent to the product (Vanian, 2016). The case brought before the court is one which was ...

A.) Daisy can file an unfair dismissal complaint against her previous employer, The Chopping Block. As an employee for 14 years with the company covering the years 2002 and 2016, there was no justification for her dismissal based on the grounds of for lateness and rudeness to staff and customers in February 2016. In fact, Daisy was not given a fair notice that the question of her dismissal for incapacity was being considered by the employer, and she was not afforded an opportunity of being heard or to explain her side. The reinstatement of the discharged employee is the ...

Introduction

As many firms continue to expand into multinational corporations, they begin to understand that business environments have their differences. What may be essential and common in their home country could be a taboo in another region. Therefore, it is critical first to assess the political, social, legal, and economic factors of a promising market before establishing a branch in the area. This essay sheds light on the usefulness of assessing business environments by deriving ideas from several articles that indicate the diversity in legal processes in various regions. The litigation procedures are fundamental to a firm so that it ...

Instruction

The European Union Government The outfit has several organs that determine the decisions that govern all the participating nations. Among the organs, include the Parliament, the Council, and the Commission. On the other hand, the body is constituted of members that arbitrate and make judgment for lawbreakers. The bench is chosen after a meeting is convened between the members of council and the participating nations. The organs mentioned above work together to form the complete union.

The Parliament

The Parliament of EU represents the nations that form the union and the citizens from the respective countries. An election for members is ...

Employers are not permitted to discriminate based on religion, particularly with companies that have nothing directly to do with religion. For companies that employ people whose job is directly shaped by religion and therefore those who religion to them is a “bona fid occupational qualification” (BFOQ), religious discrimination is permitted, but the BFOQ needs to be part of the business’s necessary operation (Eisgruber & Sager, 1994).For non-religious co-optations, that can be difficult to prove. For religious organizations, when a religious group runs the organization or has direct engagement, preferences for particular religion are permitted. Religious accommodation is required ...

Introduction

In this paper, I will argue that the fact that a certain individual is recognized as an employee, automatically “grants” employer status to the person or entity that hires this individual; the legal status of employer is inherently connected to the status of employee. Both parties acquire certain rights and obligations as soon as their relationship falls under the definition of employment. However, as much as there are no strict criterion that help to determine whether a person is an employee, similarly, whether an entity or an individual is an employer will largely depend on the form of relationship ...

Abstract

Shortly after WW2, Japan became a place where the Allies put on trial Japanese military criminals of different standing. Overall, the process looked methodical and well-though-out, with an ad hoc classification developed for determining the guilt of offenders. The post-war years witnessed the execution of generals and the punishment of soldiers following their brutal orders. However, several years later, a complex of factors like the deliberate destruction of evidence or the enormous number of cases halted the prosecution process expediting its termination. As unethical and immoral as it was, the USA had its reasons not to prosecute some of ...

Marriage in the Catholic Church has for a long time been considered a holy and sacred covenant that is made between two people in the presence of the Lord. This covenant establishes a partnership between a man and a woman, which is supposed to last for a lifetime. To mark the covenant, a sacrament of matrimony is given to the married couple to indicate their engagement and to seal their partnership in matrimonial living (Lawler 245). The couple will then together continue receiving the holy sacraments of the catholic community while in marriage. According to the bishops’ council, marriage ...

Bloody Sunday, also known as the Bogside Massacre occurred on 30th January, 1972 in Derry, Northern Ireland. In this incident, the British soldiers shot dead 13 civil-rights protesters and witnesses, including thirteen males and seven teenagers. Several others had been wounded in the incident. In the aftermath of the Bogside Massacre, the Widgery Tribunal cleared the British authorities and soldiers of blame and justified the shooting as “bordering on the reckless” . However, the tribunal faced immense criticism post which the Saville Inquiry had been established in 1998 under the supervision of Lord Saville of Newdigate, to look into the ...

The Impact and Effects of Power Politics of United States, China, & Japan Arising from South China Sea Conflicts on the Sovereignty and Socio-Political Fabrics of Philippines

Introduction

The South China Sea (SCS) is a partly enclosed body of water that connects the Indian and Pacific Oceans. It is marked with several island attributes which are grouped into four island bodies-- the Pratas or Dongsha Islands in the northeast, the Paracels or Xisha Islands in the northwest, the Spratlys or Nansha Islands in the south, and the Scarborough Shoal or Zhongsha Islands to Paracels' southeast (Hayton, 2014). It is teeming with ...

International Law

Is international law law? International law is a real law. It is driven by mechanisms that define any rules and regulations of domestic law (D'Amato, p 21). International is enforced by the same set of mechanisms that enforce the domestic law. The laws are entitled to the same entitlements that a state law is given. The laws can be broken and also be adhered to, but the obedience and the breaking of the law do not quantify the international law as a real law. The United States recognizes and establishes the international law, as a binding law (Turner, par ...

CONTENTS

Introduction 3

Te Triti o Waitangi – Purpose, Scope and Interpretational Variances 4 Waitangi Tribunal and its impact on Maori Business Development 5 Te Tiritii of Waitangi and Information Technology Contexts 6 Conclusions 7

References 9

Introduction Triti of Waitangi or the Treaty of Waitangi was signed on 6 February 1840 between the Government of the Her Majesty and chieftains of the major Maori tribes of New Zealand. Though its long-term ramifications in property (real and intellectual), environmental, constitutional, economic, social and other contexts are vehemently contested by the politicians and the academicians (Zepke, Nugent & Leach, 2003), Orange argues (1989) that it is ...

INTERNATIONAL COMMERCIAL ARBITRATION: OIL AND GAS SECTOR

(Course/Major) (Professor/Instructor) (College/University/Institute) (Location)

Actions for claims in the energy industry often involve large investments, a robust sense of public interest, and “cross-border” features that warrant the development of a special structure to resolve disputes (International Center for Energy Arbitration). In the belief of Akinjide-Balogun (2000), the possibility for disputes among the players and stakeholders in the global energy sector remains at a high level. This should not come as a surprise owing to the presence of a number of complicated commercial relationships as well as the high costs in exploring for and harnessing vast amounts of hydrocarbons. Arbitration ...