PUBLIC INTERNATIONAL LAW Name of the Case: SADC Asylum Case (Asante/Gopenia) Year of the decision: 2014 Court: SADC Tribunal Legal Issues before the Tribunal: 1. Is Asante competent‚ as the country that grants asylum‚ to unilaterally qualify the offence for the purpose of asylum under treaty law and international law? 2. Was Gopenia‚ as the territorial State‚ bound to give a guarantee of safe passage? The Tribunal’s Decision: As a point of departure‚ Article 38(1) UN Charter provides
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Characterisation • Sections 51 & 52 assign legislative powers to Cth Parliament. • Characterisation = process of determining whether a law falls within one of these heads of power. • The question is whether the law relates to the subject matter or purpose of the heads of power in a way that allows it to be described as a law “with respect to” that head of power. • Simplest view of ‘characterisation’& the judicial review of legislation encapsulated by Roberts J in United States
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surgeon’s patient dies while being operated on then the surgeon’s hands get cut off or if builder makes a house and it falls on the owner than the builder dies these are some of the fair laws of hammurabi’s code. Hammurabi’s code is very old it was created 4000 years ago and he made 282 laws while he was king and carved his laws on giant stones called steles. Hammurabi’s code was fair to many people like the builders because if the house that they built was poorly made and the building collapses on its owner
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2015 Voter I.D. Laws The Voter I.D. Law is a law that requires some form of identification in order to vote for an election. Currently‚ there is much controversy over this issue. On one side‚ Republicans feel that this law will “protect the integrity of our Democracy”(Von Spakovsky). In addition‚ this law will prevent fraud and can be accessible to most citizens. On the other hand‚ Democrats feel that this law is “designed to keep people from voting”(Weiser). The idea of this law is to further improve
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QUESTIONS What is Law? 1. The law in the United States has been influenced by English‚ but not by French or Spanish law. F [moderate p. 3] Law is intended to protect persons‚ but not their property‚ from unwanted interference from others. F [easy p. 3] Businesses that are organized in the United States are subject to its laws‚ but not to the laws of other countries in which they do business. T [moderate p. 3] Promoting social justice is a function of the law. T [moderate p. 4] Law serves the functions
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The ESSAY on topic : “Sources of WTO Law” By Julia Tkachenko The discussions of the sources of international law usually begin with a reference to Article 38 (1) of the Statute of International Court of Justice. The discussion of WTO sources shall not be an exception. It is also based on such an article‚ but is characterized in more specialistic narrow way. WTO law sources include: 1)WTO Agreements; 2)International custom; 3)The general principles of law; 4)Judical decisions (the reports of
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Business Ethics Exam 1 Essay Questions Question #1 The ideal relationship between law and reflective ethics in a properly ordered society is that they are similar in that they both require the same behavior up until a minimal point of the law‚ when it is the duty of the government to leave the moral decision up to the individual. It is a moral standard that law be kept to a minimum. This is because even though the government wants to protect us‚ they do not want to limit us and
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everyday amongst Government officials‚ medical experts and even users of the still illegal narcotic. Whether it should or shouldn’t be legalised is a very controversial topic in society today. On the other hand I address this question to you: Should the law on cannabis be changed? Whilst the war on drugs is becoming more conspicuous‚ this has a direct effect on pro-legislation political groups making them more prominent. Whilst a large minority of politicians resist the reforms that these groups offer
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Chapter III Commercial Law I. General Definitions a. Commercial Law→ It designates the whole body of laws & regulations applicable to relations between persons engaged in commerce‚ business or commercial professions. b. Commerce→ The word “Commerce” means the exchange of goods‚ products or property of any kind. It includes: sale‚ purchase‚ exchange of merchandises. c. Internal and International Commerce→ Internal: it is the commerce carried on between individuals or corporations within the same
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LAW AND ETHICS INTRODUCTION Generally the term law means a body of regulations to guide human conduct. The Oxford Dictionary defines law as a body of enacted or customary rules recognized by a community as binding. Laws governing the external action of man may be either social or political. Social laws are based on customs and are enforced by parental and religious authority or by the pressure of public opinion. Political laws are enacted and enforced by the state. They are virtually commands‚
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