Advanced legal search and writing on the case of Gregg v Scott [2005] U K H L 2 and a discussion on the concept and outcome of including a so called Romalpa Clause in a contract as a form of security for a debt
Étude de cas - 9 pages - Droit international
A lot of people don't recognise writing is a craft. You have to take your apprenticeship in it as in anything else. What is true for an author is true for a lawyer. Legal Research and Writing is indeed a subject one has to apprentice in, in order to be able to later practice it...
Common law et civil law
Cours - 6 pages - Droit autres branches
- Les Etats de common law se distinguent par des Constitutions qui sont en fait à l'origine des lois votées par le Parlement de Westminster. Grande influence de l'agencement institutionnel né en Angleterre. - Pas de Constitution écrite au RU, cependant une série de grands textes...
Comparative public law essay
Étude de cas - 9 pages - Droit autres branches
Each and every one of us enters this world with a cry, and it is with this utmost fundamental expression of ourselves that we first convey to our parents our basic needs and wants, later expanding the scope of communication to friends and then the community. This is why...
Grands systeme de droit contemporain : common law
Dissertation - 60 pages - Histoire du droit
Document: Grands systeme de droit contemporain : common law, cours de 65 pages Extrait: Fonction subversive du droit comparé pour pouvoir mieux apprécier notre système. On va essayer d'avoir un certain recul. Observations terminologiques : Genre masculin ou féminin de « common...
Section 172 of the companies
Commentaire de texte - 6 pages - Droit des affaires
The board of directors have exclusive powers in conducting the business of a company. Such a centralised decision-making process allows directors to act efficiently and independently from the company's other stakeholders but as Sealy and Worthington write, the risk is that...
The Objectivity and Universality of International Human Rights Law : Two of its Utopian Claims ?
Dissertation - 9 pages - Droit international
The question of human rights and their consequences in the natural and objective scenarios are relative to the cultural context in which they arise. In this document, we will demonstrate how even if the instruments of Human Rights international Law try to defend a universal...
Criminal law in European Democracy
Dissertation - 17 pages - Droit pénal
Criminal law refers to the need of justice in a society. The European region is called as a continent in geographical terms. However on a broader sense Europe is the Western fifth of the Eurasian landmass of the European Union. Criminal policy in democratic states...
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...
Essay on the separation of powers in Europe - A comparative study
Dissertation - 23 pages - Droit européen
“Each country must find a solution which is sensitive to its domestic culture” …this is the position of Lord Irvine of Lairg on the separation of powers. This can be regarded as a politically correct position on a very discussed topic in that it does not take...
The evolution of European judicial cooperation in criminal matters since the Maastricht Treaty
Dissertation - 7 pages - Droit européen
This project intends to examine the objectives of judicial cooperation throughout the European Union (hereinafter EU) and the area of freedom, security and justice to ensure a high level of security by mutual recognition of judgment concerning criminal matters....
Critically consider Thomas Franck's argument about an emerging right to democratic governance in international law with particular reference to the recent Palestinian elections returning a Hamas governing authority
Dissertation - 7 pages - Droit constitutionnel
“Democratic tradition involves a richly evolving collection of diverse beliefs, processes and structures that are neither easily characterized in concise terms nor summarized in a single systematic philosophy of governance” . The complexity of democratic governance...
British Law - The Constitution
Fiche - 4 pages - Droit international
British Law - The Constitution
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.'...
Influence of media and legal institutions on one another
Dissertation - 6 pages - Droit international
This essay aims at showing the necessary but dangerous interactivity existing between media and legal institutions: each of them need to be independent but in the same time they both need each other. The following pages will answer the subsequent problem: can legal institutions resist the...
Independence of arbitral tribunal
Étude de cas - 4 pages - Droit autres branches
There is a tension inherent to the arbitration process that raises the sensitive issue of the independence and impartiality of the arbitral tribunal; it is the “tension of an ideal, that is, perfect fairness of the arbitrator, against the reality that the very...
The politics of international Human Rights Law
Dissertation - 5 pages - Droit international
The point of this essay is the observation of Human rights concerning some currents issues of International relations and social and political disorder; for example, in Tibet where it has been thought that the enforcement of some standards of Human rights would...
The european integration process and the institutionalisation of integration
Dissertation - 7 pages - Droit européen
This first lecture deals with the different approaches that can be followed in order to study the European integration. We focus our attention on three different way of studying: 'disciplinary' approach, 'theoretical' approach and finally 'political' approach. The...
Violations of human rights in Zimbabwe
Dissertation - 7 pages - Droit international
Since 1998, the human rights situation has been deteriorating in Zimbabwe. President R. Mugabe intensified verbal attacks on the opposition, the judiciary and the press, as well as Zimbabwe's white minority, which amounted to the land crisis and practical violations of human rights. In...
Confessing antitrust criminals: The art of juggling with carrots, sticks and transatlantic disturbances
Étude de cas - 15 pages - Droit autres branches
Fighting cartels is not an easy business to be in. Companies operating cartels are of course very much aware of the illegality of their conduct under the antitrust laws. For that reason, cartels are typically operated in secrecy and considerable efforts are devoted by...
The future of Investment Regulation
Dissertation - 2 pages - Droit des affaires
An attempt was made to terminate the introduction of one general text relating to the regulation of the FDI. In other words, the cancellation of the draft text pertaining to the Multilateral Agreement on Investment ("MAI") which was elaborated through the patronage of...
The future of the EU - Federalization: a far-reaching goal of European integration ?
Dissertation - 11 pages - Droit européen
The debate on the future of Europe originated from the Nice Treaty. Two years ago, German Foreign Minister Joschka Fischer re-launched the idea of a European federation, which he called a "federation of nation-states?. The notion of "federation of nation-states?...
International law and normative unity
Dissertation - 5 pages - Droit international
In the Supreme Court of Canada's 1993 judgment in Hunt v. T & N Plc, Justice La Forest laid down the following goal to international law : “develop (…) co-ordination in the face of [the] diversity” of the international system. In other words,...
The difficult application of canadian criminal law in Nunavut
Thèse - 57 pages - Droit international
With its creation in 1999, the new territory of Nunavut hoped to solve the social and economical problems it was facing. For the second time in the history of the Poles, indigenous people were given the right by the government to decide their future. The first Inuit to be recognized...
An evaluation of the harmonised treatment of unfair commercial practices
Étude de cas - 17 pages - Droit autres branches
The Unfair Commercial Practices Directive 2005/29/EC (referred to as “the Directive”) has been adopted by the European Parliament and the Council on May 11th 2005 following the Commission's Green Paper on Consumer Protection of the European Union (EU)which set the grounds for the...
General principles of the Canadian constitutional law
Dissertation - 4 pages - Droit constitutionnel
As a former member of the British Empire, Canada has been widely influenced by certain aspects of the English law. The Canadian parliamentary system finds its origins in the British institutions that were settled after the conquest of 1760 and more particularly with...
Family Law: Comparison France Vs. China
Dissertation - 20 pages - Droit de la famille
During the last century, the Chinese government decided to abolish the old family system and establish a new family idea: the socialist family system (the Marriage Code of 1950). This marked a turning point in Chinese common law and the beginning of a new family way of...
The two equality directives of 2000: False-twins
Mémoire - 43 pages - Droit européen
2007, the “European Year of Equal Opportunities for All” in the European Union ended a few months ago, stressing on the question of the current anti-discrimination law in the Union. This initiative of the Commission took place in a general movement of...
The Relationship between international law of human rights and international law applicable to armed conflict
Dissertation - 9 pages - Droit international
In the modern scenario, the protection of human rights has found its rightful place in international law. It has been a revolutionary reform, as it had no significant place a few decades ago. The international law applicable to armed conflicts (also called international...
Free movement of goods and person within the Europe
Dissertation - 12 pages - Droit européen
Since the Treaty of Rome was signed in 1957, the euro area is the geographical and economic EUROPE. Since 1957, new treaties such as Schengen and Maastricht were signed. Europe and its laws allow us to develop economic relations between the member states. Thus barriers fall, the...
Principles and Practices of Consumer's Protection within the European Union
Dissertation - 19 pages - Droit européen
The objective of the European Union is to protect the health, safety and the economic well-being of its citizens. In this regard, it is the responsibility of the EU to promote the right to information, help in safeguarding the interests and encourage the member states to set...
