Le capitalisme au XXIe siècle, vers quels rapports entre management et capital ? - publié le 21/10/2001
Fiche - 4 pages - Droit des affaires
La fracture entre propriétaires du capital et détenteurs du pouvoir a perdu de sa netteté, car les dirigeants sont de plus en plus souvent actionnaires et pour des montants importants. Le management des entreprises doit être réorganisé (corporate governance) et doit prendre en compte...
Explain and discuss the effectiveness of the EC Treaty provisions concerning state aids in preventing distortions to the operation of the single market
Dissertation - 12 pages - Droit européen
As recognised by the EC Treaty, state aids are important and necessary policy instruments to achieve social and economic goals. However, depending on the way in which they are given, State aids can have a material impact on competition, leading to significant distortions to the...
Le veto : instrument de la théorie des « checks and balances » ?
Dissertation - 5 pages - Droit constitutionnel
Les Etats-Unis sont l'exemple historique du régime présidentiel dans lequel le pouvoir législatif (le Congrès) et le pouvoir gouvernant (la présidence) ont des compétences séparées et en principe indépendantes. L'exemple de ce pays semble être parfait pour illustrer la théorie des « checks...
Le veto : instrument de la théorie des « checks and balances » ? - publié le 11/08/2008
Dissertation - 5 pages - Droit constitutionnel
Les Etats-Unis sont l'exemple historique du régime présidentiel dans lequel le pouvoir législatif (le Congrès) et le pouvoir gouvernant (la présidence) ont des compétences séparées et en principe indépendantes. L'exemple de ce pays semble être parfait pour illustrer la théorie des «...
NAFTA's Chapter Eleven and Fair and Equitable Treatment
Dissertation - 2 pages - Droit des affaires
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....
The challenge of financial crisis to economic of development: impact and solutions- the case of Argentina
Étude de cas - 9 pages - Droit des affaires
The Argentine crisis means the great economic and social crisis that took place in Argentina between 1998 and 2002, whose consequences are felt even today. The Argentine authorities in early 1990 had chosen the technique of the currency board to stabilize an economy with inflation...
NAFTA's Chapter Eleven and Non-Discriminatory Treatment
Dissertation - 2 pages - Droit des affaires
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...
The ninth amendment: origins and controversy
Dissertation - 9 pages - Droit constitutionnel
Select one amendment from the Bill of Rights and research why the Founding Fathers found it necessary to state it, and explain what had happened in England or Europe that brought about that amendment? Remember that we were a colony of England's for over one hundred years before...
"The State of exception" in France and the United Kingdom
Dissertation - 4 pages - Libertés publiques
The concept of state of exception belongs to the legal theory of Carl Schmitt. It is concerned by the state of emergencies based on the sovereign's ability to transcend the rule of law for or at least in the name of the public good. In the United Kingdom and France, the state of...
Implementation of European Law in a federal state: The Belgian case between coherence and autonomy
Fiche - 9 pages - Droit européen
‘Ultimately the impact of EU rules depends on the willingness and capacity of Member States authorities to ensure that they are transposed and enforced effectively and fully and on time' (Graver) . This statement from the European Commission in its White Paper on...
Ending contractual obligations: factors and discharge
Dissertation - 11 pages - Droit des obligations
The common law has always taken the view that people enter into contract voluntarily. It follows that if the contract was made without full knowledge of the facts, or if a person was forced to make a contract against his or her will, a court would consider that contract to be banned. The vast...
Jurors vs Judges: a power and knowledge issue
Dissertation - 8 pages - Droit autres branches
The jury system in the United States has been subject to a lot of controversy. Most Americans still support the basic concept of the jury trial, especially in criminal cases, where the juries are composed of average citizens as an important bulwark against the potential tyranny of the government....
Email to a colleague at work and apology's letter
Lettre type - 2 pages - Droit du travail
I have just received your email regarding your VIP guest problem. As I understand, your customer is used to the Guoman in Hanoi, but the hotel is fully booked. I have the solution to your issue. I would recommend the "Lucky Plaza Hotel", a wonderful 3 stars hotel (not part of the big chain...
Bureaucratie, intérêt général et management public
Dissertation - 3 pages - Droit administratif
La bureaucratie est une notion aujourd'hui utilisée dans un sens péjoratif ayant pour but de montrer les lourdeurs et la lenteur dont serait synonyme l'Administration. Au contraire le management public fait, lui, plus référence à quelque chose de moderne, de réactif. Le...
European Labour law: Compare and contrast the role and concerns of International Law with those of European Law in the field of Employment
Thèse - 7 pages - Droit européen
Employment law is a contract between an employer and an employee; it is issues regarding employment, workplace discrimination and other private law issues. With the evolution of the International and the European law, Employment law has evolved in parallel and must...
Courts, unelected tyrants and public forums
Dissertation - 6 pages - Droit constitutionnel
In 2000, during the American presidential elections, the role of the Supreme Court was highly contested. Indeed, it consists of a majority of judges appointed by republican presidents and it decided to stop counting the voices manually in contested towns in Florida and George Bush...
Criminology and criminal justice system
Dissertation - 7 pages - Droit pénal
This paper will discuss the following statement:"According to the White Paper Justice for All, the Government has succeeded in increasing prison capacity by 18 per cent, and has improved conditions inside prisons. £20 million has been invested to boost prisoners' learning facilities,...
The role of the ECJ's (European Court of Justice) : the consumer who is reasonably well-informed and reasonably observant and circumspect
Dissertation - 14 pages - Droit européen
The legal term of the “average consumer” was created by the European Court of Justice (ECJ) to protect the average consumer against unfair commercial practises. After the Second War World, many states were indeed inspired by Keynes's theory that aimed at division of resources...
Has the judgment of the European Court of Human Rights in Saadi v UK struck the right balance between the protection of human rights and the control of irregular migration?
Dissertation - 4 pages - Droit européen
The objective of the European Convention on Human Rights (ECHR) may be defined to ensure the rights and fundamental liberties of any individual who enters the European territory and give remedies against unlawful actions by the States. However, it has in some cases had troubles to...
The application of the European Arrest Warrant in the United Kingdom and its use in the fight against terrorism.
Dissertation - 6 pages - Droit européen
The European Arrest Warrant (EAW) is a judicial decision issued by a Member State with a view to the arrest and surrender by another Member State of a requested person, for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order.' The EAW...
Critically assess the significance of the EU as a source of regulation of Communication Technology in the UK with reference to the range and type of regulations and directives
Dissertation - 8 pages - Droit européen
Information Technology Law "is a set of recent legal enactments, currently in existence in several countries, which governs the process and dissemination of information digitally. These legal enactments cover a broad gambit of different aspects relating to computer software, protection of...
Prison labor: an assessment of its role and appropriateness
Étude de cas - 18 pages - Droit civil
“Labor is not only salutary because it is the opposite of idleness; but it is also contemplated that the convict, while he is not at work, shall learn business which would support him when he leaves the prison. The prisoners therefore are taught useful trades only; and among these,...
How do the Federal Republic of Germany, Fifth Republic France and post-war Italy fulfil the criteria of Lijphart's 'majoritarian' and 'consensus' models of democracies?
Dissertation - 5 pages - Droit constitutionnel
This essay will attempt to analyse the Federal Republic of Germany, Fifth Republic France and post-war Italy thanks to Lijphart's work Democracy (1984). Lijphart classifies the ‘majoritarian' model (or ‘Westminster model') and the ‘consensual model', in function of...
How has the Buckley v. Valeo decision affected campaign finance legislation and litigation?
Étude de cas - 8 pages - Droit autres branches
The Supreme Court by its recent decision Randall v. Sorrell of the 26th of June 2006 struck down a law of the state of Vermont which severely limited the amount of money a candidate for state offices can raise and spend. The Supreme Court's rationale was based on the violation by...
The role (present and future) of the European Court of Justice in the protection of asylum-seekers in the European Union
Dissertation - 13 pages - Droit international
The European Court of Justice has laid down a legal Act pertaining to the judicial protection towards asylum seekers. However, this act is not completely flawless. Even if all the Member States ratify the new constitution and it be made effective thereafter, the future of the asylum...
"The concept of the Rule of Law as defined by Dicey still remains valid : it provides a measure against which we can judge the attitudes and actions of Parliament, Government and the courts"
Dissertation - 5 pages - Droit européen
The rule of law is often expounded as a pillar of the English Constitution. It was described by Lord Bingham as "the second great rock on which [Dicey?s] constitutional edifice was founded". It was referred to as a statute for the first time, in the Constitutional Reform Act 2005, as an "existing...
Comparative study of the cohabitation contract in Greece and the PACS (Civil solidarity pact) in France
Dissertation - 5 pages - Droit de la famille
We are going to see the differences and the similarities between the recent cohabitation contract in Greece and the PACS in france which are forms of civil union, marriage. This comparative study will be based on the greek bill about the cohabitation pact and the french bill...
The United States and the International Criminal Court: How valid are the US arguments for not joining the International Court ?
Dissertation - 11 pages - Droit international
A new jurisdiction in the history of international accountability of human rights is being set up, but with a limited action which makes it different than a world court. In this document we will analyze the justifications for the lack of commitment by the United States of America towards the ICC...
Discuss the analysis and significance of the abduction and trial of Eichmann from an international law perspective, with reference to legal writing
Dissertation - 8 pages - Droit international
First, we will discuss whether the principle known as "the fruit of the poisonous tree? in the United States must be applied to the abduction of Adolf Eichmann or not. The violation of International law was "clear? according to Louis Henkin in 1968 but one cannot deny that the end justifies the...
« The effective application of European Union law has been ensured through the development of two key concepts by the European Court of Justice : firstly the supremacy of Community rules and secondly the mechanism of direct effect. » Discuss
Dissertation - 8 pages - Droit européen
According to Steiner, Woods & Twigg-Flesner, the ECJ, by interpreting the Treaties, gave direct effect and supremacy a common objective 'in the ECJ's approach: the need to ensure the effectiveness of Community law. [...] The Community would not survive if States were free to act...
