A key feature of the jury is that it must have impartiality and there is an argument that an accused person has the right to expect that the trial will be conducted by an impartial jury. [1] This is evidentially accurate as the whole concept of jury nullification would be severely undermined if there was a lack […]
Assignment Question The Vienna Convention on the Law of Treaties 1969 allows states to provide for reservations in treaties under certain circumstances. However reservation effecting Human Rights has been contentious even if parties to the treaties are in agreement to the provisions of the reservations to the treaty. Discuss. Table of Content No. Content Page […]
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Get help with your assignmentThe Israeli-Palestinian bilateral negotiations in the 1990s resulted in three signed agreements that related, inter alia, to water: the Declaration of Principles of September 1993; the Cairo Agreement of May 1994 (Oslo I); and the Interim Agreement of September 1995 (Oslo II).[1] Oslo II included Article 40 – ‘Water and Sewage’.[2] These agreements, like all […]
International Law and Politics In the 20th century, the hope that international organisation to safeguard the peace and security by preventing war or failing that, to defend States which subjected to armed attack in an organised and collective manner is now embodied in the concept of collective security. Art1 of UN Charter emphasises on the […]
The issue of interests which are unknown to the purchaser of land have long been a problem to less cautious buyers. This essay will examine the way in which title of land has not been indefeasible through registration due to the existence of overriding interests and will seek to explain how the new provisions of […]
United Nations Portal Formely Inter-Governmental Maritime Consultative Organization The International Maritime Organization (IMO), formerly known as the Inter-Governmental Maritime Consultative Organization (IMCO), was established in Geneva in 1948,[1] and came into force ten years later, meeting for the first time in 1959. The IMCO name was changed to IMO in 1982.[2] Headquartered in London, United […]
Introduction Treaty is an international agreement between states or international organisations. Besides that, it is also one of the sources of international law because in a treaty parties can include rules and law on various aspects. In order to have a proper guidance on law regarding treaties, the Vienna Convention on Law of Treaties (VCLT) […]
Introduction Constitutional interpretation has been frequently discussed in many parts of the world, particularly Australia, which will be the main focus of the article. Generally, constitutions play a vital part in federal systems. Some theories of constitutional interpretation have been applied throughout a period of time until further reflection highlighted its shortcomings.[1] The debate over […]
Abstract: UK as a Western Liberal state could be rightly described as pro human rights actor in terms of its membership with the UNO and EU. Both the UN and UNO have enshrined Human Rights in its Charter and Convention respectively. However, until 1998 the UK did not have a separate legislation for Human Rights […]
What were the innominate contracts? Where did they come from and why were they important? The very term innominate (literally without name) is potentially confusing since these so-called contracts are named very specifically. The term refers to their place in the system of classification of contracts in Roman Law rather than their possessing the characteristic […]
In considering the extent to which the police have complied with the Police and Criminal Evidence Act (PACE) 1984 and the PACE Codes of Practice regarding the arrest, detention and interrogation of Graham and Nisha it is to be appreciated that a police officer (Ministry of Housing & Local Government v. Sharp, at p.266, per […]
An inquisitorial system of criminal justice offers the best system for ensuring that those guilty of committing criminal offences are convicted and that the innocent are acquitted. Inquisitorial and Adversarial Systems Defined and Compared In England and Wales and other common law countries such as the United States, criminal proceedings are operated on the basis […]
Human Rights as an Imperial Corporate Responsibility It has been argued, time and again, that human rights have the potential to function as the new tool of civilization – that they are motivated by international political and economic aims. I attempt to synthesize and visualize these critiques in the context of the human rights industry […]
1. Introduction Inventions are the property of their makers. That means if someone expresses his/her idea or initiative, it is his/her property which is known as intellectual property. The word “intellectual property rights,” in accordance with the Agreement on Trade-Related Aspects of Intellectual Property, 1994 ( hereinafter TRIPS), refers to the rights related to Copyright […]
Human rights are based on values, which are broadly, if not universally, shared and are gradually converging towards a common set of standards that can be accepted and enforced. Nonetheless some query whether these ambitions, however admirable, are reflected in the realities of practice. Jeremy Bentham stated that ‘from real laws come real rights; but […]
“My ideas of a better ordered world is one in which medical discoveries would be free of patents and there would be no profiteering from life or death” – Indira Gandhi Intellectual property regimes are usually assumed to exert positive enticements on technological innovation. However, given the serious nature of access to critical health technologies […]
ICT and the Law 1.Cybercrime in the UK: Cybercrime, is a growing problem for law enforcement agencies worldwide; what actions can be taken against such criminal activity in the UK and are there any implications regarding an individual’s rights? Cybercrime, or ‘computer misuse’, is defined by the Computer Misuse Act 1990 as recently amended by […]
Company Law ‘The decision of the Supreme Court in The Commissioners for HM Revenue and Customs v Holland (2010) and the case-law subsequently, has brought much needed clarity to the questions of how to identify whether someone is a de facto director, and why it is necessary for the law to be able to identify […]
Impact of Singh v The Queen on the Victorian Burglary Legislation. Introduction The main contentious issues in Singh v The Queen[1] are when should the mens rea element of the crime of burglary be proven to exist for a continuous act or series of acts, should the prosecution prove beyond reasonable doubt the existence of […]
Long established precedents exhibited a contradiction made amid a sale of distinct items against one of goods by depiction. The former necessitating the purchaser to examine the goods and rely on personal awareness: caveat emptor, while the latter evincing the reflection of the goods with their contractual specifications. In a sale of unrecognized goods, reference […]
Title: Inadequacy of Cyber Laws in India Inadequacy of Cyber-Laws in India* Introduction: A very simple understanding of the term “Cyber Law” is that it is the law governing Cyber Space. Cyber space is a very wide term and includes computers, networks, software, data storage devices (such as hard disks, USB disks etc.), the […]
5.4 Enterprises: The meaning of enterprises for the purpose of this Act has been defined under Section 2(h) of the Act as under: Enterprise‘ means a person or a department of the Government, who or which is, or has been, engaged in any activity, relating to the production, storage, supply, distribution, acquisition or control of articles […]
Such commissions are appointed to ensure that administration of the state is carried on in accordance to the provisions of the Constitution. However, the abuse of this power for political purposes cannot be ruled out. In his dissenting judgment in State of Karnataka v Union of India[i], the learned Judge held that such enquiry commission […]
In India, “encounter killings” are tragically common. Encounter killing is now a euphemism to indicate extrajudicial execution by the police in staged “encounter” scenarios where persons are killed apparently in exercise of the police’s right to self-defence. Incidents of encounter killings are widely reported in news media and are even glorified. Perpetrators of this brand […]
Indigenous Interpreting Issues in WA Courts Central to the concept of justice in Australia is a fair trial. An essential feature of this is that the defendant ‘not only be physically present but should also be able to understand the proceedings and the nature of the evidence against him or her’.[1] Therefore, if a witness […]
To assess whether individual communications can lead to the greater realisation of human rights, it is imperative to consider; the benefits which the individual communications mechanism (ICM) provides individuals with, a discussion of the shortfalls of the ICM and how other methods of monitoring and protecting human rights may overcome these issues. It shall be […]
TABLE OF CONTENT Executive Summary The UAE keeps up a position as the significant exchange and venture center point for a huge geographic district, which incorporates the Middle East and North Africa, as well as South Asia, Central Asia, and Sub Saharan Africa. The nation positioned nineteenth in the World Economic Forum’s 2013 2014 Global […]
‘Safeguarding Human Rights lies less in new laws, than in new interpretations’. Discuss with reference to the United States and the United Kingdom Introduction Both sides of the proposition posed in the title question are fraught with difficulty. Human history, particularly as it unfolded in the twentieth century, confirmed that national and supranational treaties and […]
Case: R. V. Mann, 2004 SCC 52, [2004] 3 S.C.R. 59 In our country, everyone is protected under the law. The Canadian Charter of Rights and Freedoms guarantees certain political rights to citizens as well as civil rights of everyone who resides in Canada. However, in some cases where law enforcement or other government agencies […]
Forensic Science and Miscarriages of Justice: Some Lessons from Comparative experiences Introduction “Forensic Science and Miscarriages of Justice: Some lessons from Comparative experiences” It is written by Kent Roach, is Professor of Law at University of Toronto. He is former Director of Research for the Inquiry into Pediatric Forensic Pathology in Ontario (2008). The article […]
