International Law Book Notes I. Chapter I A. History of International Law i. “Nations ought to do to one another in peace‚ the most good‚ and in war‚ the least evil possible” –Montesquieu to Napoleon ii. Int. law predates several countries iii. Sovereignty: must provide incentives to get other countries to sign onto treaties iv. Shoot for customs to become law; litigate issues when there is no treaty or if the treaty falls short
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Social control is known any action‚ deliberate or unconscious‚ that influences conduct toward conformity‚ whether or not the persons being influenced are aware of the process. The main function of the law is to keep social control and maintain peaceful and predictable coexistence. * The use of law is a measure of the failure and success rate of other forms of social control. * The four-fold typology of social control is described as direct/formal‚ direct/informal‚ indirect/formal‚ and indirect/informal
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Criminal Law Paper Gaby Rielle CJA/354 Criminal Law August 12‚ 2014 Mendi Leigh Criminal Law Paper Maryland v. King‚ 569 U.S.‚ on June 3‚ 2013 the United States Supreme Court ruled that it is not a violation of the fourth amendment right by having your DNA swabbed while being booked into a detention facility. And that a simple swab on the inner cheek was no different than taking a photo or being finger printed during the booking process. This case came to be after an individual was arrested
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This essay will critically discuss the effect of the [courts’] overbroad view in reading of the element of appropriation which led to the offence of theft being interpreted as an extraordinarily wide one. Since the introduction of the Theft Act 1968 there has been inconsistency in the interpretation of appropriation as courts and commentators have grappled with the intuition that appropriation must entail some subjective element and cannot be purely objective. With the aim of moving
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Common Low Marriage Common Law Marriage “To love one another and grow together as one‚” comes to my mind as I sit and discuss my common law marriage with my friends. In society eyes you are not considered married unless you have a wedding and a marriage licenses. My legally married friends do not consider the agreement that my husband and I have agreed on as being legally married. According to Webster the meaning of Common Law Marriage is a relationship created by agreement
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------------------------------------------------- Sources of international law ------------------------------------------------- Sources of international law refers to where states‚ organizations‚ individuals and courts can find principles of international law. One broadly accepted definition of sources of international law includes Article 38 of the ICJ Treaty. According to this article‚ theInternational Court of Justice shall apply the following sources of law‚ ranked in order of precedence: a. international conventions‚ whether
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Public International Law Notes LAWS 6243 1. History of International Law a. Ancient: Egypt‚ Mesopotamia‚ Greece & Rome b. Middle ages: authority of Church commencement of political divisions that would become States. c. Renaissance: State as sovereign competition between States. d. Early Theories: i. Spanish philosophers central to theory ii. Vitoria: 1480-1546 1. theory of natural law: law divine from source 2
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sources of international law are not the same as those in domestic law. The two major sources creating legally binding rules of international law are treaty and custom. In domestic law the question of the source of a rule or law is seldom controversial. Common law systems rely upon statutes and the decisions to be found in court judgments for evidence of the existence of the rule or law; civil law systems rely upon the appropriate legislation or Codes. It is rarely necessary in either system to inquire
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Following is an example of criminal law case that occurred in a business environment. Bio-diesel Fuel Company Titleholder Punished to 188 Months in Federal Jail for Misconducts Linked to Unlawful Fuels Scheme (Texas) Jeffrey David Gunselman is punished to 188 months in federal jail‚ and a fine of $175‚000 is charged and is ordered to pay more than $54.9 million in the case of restitution‚ following his shamefaced petition to an impeachment alleging 24 counts of money laundering‚ 51 counts of the
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Nuremberg and the IMTFE to the modern law of International Criminal Law Undoubtedly‚ major development in international law has occurred in recent years through the establishment of several tribunals and their statutes. There have been several criticisms concerning the decisions delivered by those tribunals mainly arguing that they were biased and illegitimate for numerous reasons. They were accused of being unfair and merely institutions for “victor’s justice”. Also they criticized the fact that
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