Grounds of intervention in international law under the UN charter

A-     Intervene- to intervene in the affairs of another.

Oppenheim – intervention means dictatorial inference by a state in the affairs of another state for the purpose of maintaining or altering the actual conditions of thing.

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Intervention means a country interferes the affairs of another  country by means of force or by any other means.

Examples-

  1. India intervene in the affairs of Pakistan in 1971, when refugees of the Bangladesh flew into west Bangal and the situation was unreasonable for India, the war took place and Bangladesh came as a independence country- this is the example of intervention by force.
  2. America intervene in India and Russia deals of Crio-genic Engines required for rocket technology, due to America diplomatic interventions Russia broke this agreement.

Prohibitions of Intervention

In principle IL prohibits interventions, this prohibitions is the corollary of every state rights to sovereignty, territorial integrity and political independence.

Art2(4) UN charterall member shall retain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the united nations.

Ar2(7) UN charternothing contained in the present charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state.

Grounds of Intervention

As a general principle UN Charter prohibited the Intervention, but Art51 of UN Charter provide two grounds of Interventions-

  1. 1. Self Defense. Art 51, provides the protection of self defense against the armed attack of an country, but this is subject to the review of the security council, and this right is not available to a non member of UN.

Illustration-

X is the country surrounded with A on the west and B on east fronter of it. After some border incidnet there were some solders killed of each of the state. The X attacts A and B, and occupied major portion of A and B. X take a plea in the security council that X were under the clear threat of attact by A and B and and he started military operations in order to protect its interest.

But X is not justified under the Article of 51 of UN charter of self defence. Because Art 51 permits the rights of self defence only if – an arm attack had not taken place but the contention was that preparations were being made to launch the attacks.

The Caroline case (1841)- there were some Canadian rebellion groups fighting against Britain for independence of Canada. The US used to support them by supplying arms. The Caroline was the name of the American ship by which the America supplies the arms to the rebellion. The Britishers seized this ship which was then in the American port of Scholosser, and took it to Nigara falls within the territory of British Canada. America protested it was a clear illegal intervention. And the matter went to Arbitration and the Arbitrator also held that it was a clear intervention by British.

  1. 2. Collective Intervention- The security council passed a resolution to intervene in matter of Iraqi intervention in Kuwait by sadam hussain  and made the collective intervention in it.

Chapter VII of UN Charter provides other grounds of Interventions:

  1. 1. Humanitarian grounds.- UN is authorized by collective Interventions when Human rights are violated in any country.
  2. 2. Enforcement of treaties rights. Initially it was supposed to be good, but not UN not recognized this intervention to protect the treaties rights.
  3. 3. Intervention to prevent illegal interventions. Kuwait is the best example of this intervention.
  4. 4. Balance of power.
  5. 5. Protection of person and their property- initially it was recognized but, not UN not recognized it as a good means of interventions. And UN also criticized America intervention in Grenada in 1983.
  6. 6. To maintain law and order.
  7. Intervention in civil war– it is also not recognized a good ground to intervene

Conclusion- in view of the above discussion it may be concluded that a state my intervene in the affairs of another state only on the ground of self defense. The UN may intervene in the domestic affairs of members state on the ground of maintained or restoration of international peace and security. That is to say, it can take collective measures or can make collective interventions. The UN can also intervene in case of member’s countries civil war when there are violations of human rights.

Successful Immigration Law Office

There are many reasons why someone would be looking for an immigration office in Columbus, Ohio. If a person needs a work visa, marriage green cards, or citizenship they may search out an immigration office. Also, if they find themselves in trouble with the law, they will need an immigration office. Finally, the process alone of immigrating to the United States is stressful and finding an immigration office in Columbus will ease some of the stress. To find an immigration office in Columbus, though, there are many services one should look for.

http://www.floreslawoffice.com/images/LawImmigration.jpgTo find the best immigration law office in Ohio an individual will want to find a group of lawyers that have a proven success record. Check for offices online that talk about the services that they offer. Ask friends to see if anyone you know has had success with a particular immigration law office. Try to find an immigration office that has many years of experience working with immigrants and their families; especially one who has a history of working with other cultures and maybe even speaks a language other than English. Don’t be afraid to ask about education in immigration law. Immigration law changes and you will need someone who knows this, is aware of the changes, and also watches for changes that may be coming soon.

While looking for an immigration law office you’ll want to find one that you can afford. Don’t pay too much money for an immigration law office that isn’t honest with you about the legal fees both now and in the future. Also, immigration issues are not an area where it’s okay to buy discount. The old cliché, “you get what you pay for” applies to immigration law offices. Consider the consequences of going with the cheaper guy or waiting until the last minute to find an immigration office. You’ll want a lawyer with you every step of the way from beginning until end. Contact an immigration office right away.

Finally, when you find the immigration office in Columbus you are happy with, remember to ask every question that is on your mind. You don’t know if you don’t ask. Your immigration law office members should be open and honest with you. They should be willing to answer all of your questions. They should also be ready to stay with you throughout the whole immigration process which could take a very long time.
It won’t be easy to find the right immigration office for you and your family. Take the time to find a compassionate group of professionals who care about immigration issues. Don’t wait too long, though, finding the right immigration office is a critical step to citizenship status. I’m sure that you’ll be happy with the results if you look around, ask questions and be ready to go through the lengthy immigration process.

Criminal Law Provides Justice for All

The figure of law that relates to crime is Criminal Law. It adjusts social conduct and suggests whatever is threatening, harmful, or might otherwise be endangering to the property, health, safety, and moral welfare of the people. It includes the chastisement of the people who violate these laws.

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In South Africa, as in most confrontational legal systems, the standard of evidence required to confirm a criminal conviction is proof beyond a sensible doubt. The bases of South African criminal law are to be found in the common law, in the case of law and in legislation.

The criminal justice system in South Africa is aimed at law implementation, the trial of offenders and the sentence of the convicted. It is that part or sub-system of the national legal system which determines the conditions and the actions according to which people and legal units may be punished by the State for criminal behaviour.

The South African Constitution establishes the principle of legality. Its introduction states that South Africa is founded on the reign of the Constitution and the rule of law. The Bill of Rights, temporarily, provides that “every accused person has a right to a fair trial”, which includes the right to:

1. Not to be convicted for an act or oversight that was not an crime under state law at the time it was committed or omitted; and

2. To the advantage of the least severe of the prescribed sentences if the prescribed punishment for the offence has been altered amid the time that the offence was committed and the time of punishing.

In terms of the principle of inevitability, the crime must not, as expressed, be imprecise or unclear. The suspect must understand exactly what is expected of him/her. The classification of a crime should be sensibly precise and settled, so that society need not live in fear of breaking the law unintentionally. Even though the Constitution does not specifically provide that vague or unclear punitive provisions may be hit down. If an illegal norm in legislation is vague and uncertain, it cannot be specified that the act or omission in query actually constituted an offence proceeding to a court’s clarification of the legislation.

P Smith Attorneys offers incomparable service with a dedicated team of attorneys, whose mission is to provide you with the best in criminal law. The team relies on their passion as their drive and motivation, as they succeed each and every day whilst provisioning the best law services to suit your every need or requirement.

Business law questions and answers

Stuck on another business law case study!!?!??!?!?
Yep it’s me again! Please help me out on this one! John, a 17 year old student who looks much older ,orders $1500.00 worth of food for an end-of-VCE party. The food is duly delivered and consumed and John refuses to pay. What are the legal rights of the food supplier? I.

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What is the main diference between concealment and nondisclosure in business law?
Knowledge of an event , communication, property, or intelligence that is concealed, with intent to conceal, from scrutiny or investigation, by any lawfull body or court. Nondisclosure is the knowingly withholding of information, intelligence , property, with the knowledge that the information, intelligence, property, is required.

Question about business law, i got ripped off by a lawyer?
my fiance’ and i run a computer tech. business, he went on a call, did the work, and the client (a lawyer) is ripping us off, she claimed that a loose wire caused her to have to call a different tech after we preformed the job, and has.

Wrongful termination and withholding of funds. Do I have a case?
The details are too long to post here, but if anyone reading has any knowledge of business law (preferably a lawyer), please email me and I will give you full details. Short summary: I was fired for not being willing to work on myday off (I am an.

A question about a case study for business law.What does the law state reguarding this particular matter?
Case study 1 Helen, age 17, wanted to buy a motorcycle. She did not have the money to pay cash but persuaded the dealer to sell a cycle to her on credit. The dealer did so partly because Helen said that she.

Is there a business law that prohibits intentional racism?
Macy’s denigration of whites just fuels the fire. http://www.foxnews.com/story/0,2933,2905.business law Consider the business that started this. Macy’s the ridiculous store that came to Chicago bought a profitable store – Marshall Fields – a pillar of the city, decides to sell only New York products because ‘everyone likes New.

Legal liability?
My business law professor used to say, ‘Neither officer, director, nor major shareholder shall I be.’ I recall officers, board of directors and major shareholders can be held personally liable for their actions in a corporation. Any truth to that? Well, if your Law Professor said it, there’s a good chance it’s true. – No, that’s not.

I have a question about business law class?

There exists – in the field of contract law – both contract and non-contract theories of recovery. Depending upon the particular fact situation, a party might file a lawsuit for breach of an express contract in fact or an implied contract in fact. These are both contract theories! A party might.

Please read and see if you can help me along.this is for a business law class.?
Using the Internet, locate and print out a company’s order form for one of its products. (1) Identify the web site where you located the order form. (2) Does the order form include a representation regarding the age or capacity of the person.

I need a good topic for a paper (6 Pages) about any aspect of business law. Any good ideas??
Any interesting ideas are appriciated. I will give the 10 points to the person who gives me a topic that I can use. Any websites with information will be helpful too. Thanks What about the whole issue with music piracy,.

BUSINESS LAW anyone any good with business law??
Ruth carelessly parks her car on a steep hill, leaving the car in neutral and failing to engage the parking brake. The car rolls down the hill and knocks down an electric line. The sparks from the broken line ignite a grass fire. The fire spreads until it reaches a barn.

Business law topic.help?
I need a good topic for my business law essay. I can’t think of anything. I was going to do Walmarts discrimination against women in the workplace, but one, its not a very interesting topic and all the information I’ve found is the same. Any ideas for me? how about walmarts suit with the pharmacists, it.

How can one breach acontract?
This question is from business law as one my course unit and it was acourse work given to me tofind answers. My email address is masswils@yahoo.com. Fail to fulfill the terms as contrated for. – By refusing or failing to carry out your obligations under that contract eg by failing to deliver goods (if.

I have a question about contract law.?
if i remember my business law class correctly if there is a contract between two parties and there are say 10 things in the contract that one party needs to abide by and they don’t abide by even 1 item in the contract. is this contract void? i thought a contract had.

New Nevada Corporate Laws You Need To Know

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New Nevada Corporate Laws You Need to Know
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Bearer Shares Outlawed
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Ownership Disclosure Procedure Instituted
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Stronger Asset Protection for Corporations

The Nevada legislature made some significant changes to Nevada’s Corporation Code in its most recent session. You need to know these new rules.

The biggest changes, which are effective July 1, 2007, will be discussed in this article. As is often the case, the rules and regulations used to carry out the new laws will be implemented over time, and we will keep you informed of them as they arise. (If you or your friends would like a free subscription to the Corporate Direct Report please click here.)

For now, there are three important changes and several miscellaneous new rules you need to know about immediately.
1. Bearer Shares Outlawed
Bearer shares are stock certificates which, instead of listing the owner by name, list the owner only as “The Bearer.” The supposed advantage of this was to maintain privacy of ownership. The Bearer was whoever held the certificate, so shares could be transferred from one person to the next without notice to anyone or recordation anywhere.
I have never really liked the whole notion of bearer shares. If someone comes to me with the bearer certificate, how do I know if the certificate wasn’t stolen or forged? The idea of simply handing a certificate from one person to the next may sound nice and easy (and a bit crafty) but such a transfer can create all sorts of tax problems. If you hand a certificate representing a million dollar business over to your friend you’ve made a significant gift, for which gift taxes are due. And when by prearrangement he hands the certificate back to you there’s another taxable event. Worse yet, what if your ‘friend’ wouldn’t give you the certificate back?
The big reason bearer shares were outlawed has to do with fraud. Less than ethical corporate promoters would sell their less than ethical corporate clients on the idea that by simply handing the bearer certificate over to a friend they could deny a judgment creditor (one with a court awarded judgment) access to the business or other asset. Of course, such a transfer is a fraudulent conveyance, meaning that a court could overturn the transfer if anyone ever found out about it. The problem was that it could be very difficult to find out about it. As a result, bearer shares enabled a certain class of people to commit fraud. The Nevada Legislature was right in outlawing bearer shares.

2. New Ownership Disclosure Procedures
The use of Nevada corporations and other entities to commit fraud is also the reason for this next big change. It is unfortunate that privacy of entity ownership is now somewhat compromised, but when people continually abuse the system something will usually give.
Apparently the federal and law enforcement authorities pushing for these changes played the terrorist card—that insanely bad people were using the privacy of Nevada entities to ultimately greatly harm us. While it is my opinion that this red hot card gets played a little too often these days, there can be no denying that domestic bad guys, your average American scam artist, used Nevada privacy for nefarious purposes.
But the new law for corporations, LLC’s, LP’s, business trusts and the like is not as bad as you may expect. Here is the rule for corporations:
1. In addition to any records required to be kept at the registered office pursuant to NRS 78.105, a corporation that is not a publicly traded corporation shall maintain at its registered office or principal place of business in this State:
a. A current list of its owners of record; or
b. A statement indicating where such a list is maintained.
2. The corporation shall:
a. Provide the Secretary of State with the name and contact information of the custodian of the list described in subsection 1. The information required pursuant to this paragraph shall be kept confidential by the Secretary of State.
b. Provide written notice to the Secretary of State within 10 days after any change in the information contained in the list described in subsection 1.
3. Upon the request of any law enforcement agency in the course of a criminal investigation, the Secretary of State may require a corporation to:
a. Submit to the Secretary of State, within 3 business days, a copy of the list required to be maintained pursuant to subsection 1; or
b. Answer any interrogatory submitted by the Secretary of State that will assist in the criminal investigation.
4. If a corporation fails to comply with any requirement pursuant to subsection 3, the Secretary of State may take any action necessary, including, without limitation, the suspension or revocation of the corporate charter
5. The Secretary of State shall not reinstate or revive a charter that was revoked or suspended pursuant to subsection 4 unless:
a. The corporation complies with the requirements of subsection 3; or
b. The law enforcement agency conducting the investigation advises the Secretary of State to reinstate or revive the corporate charter.
6. The Secretary of State may adopt regulations to administer the provisions of this section.
It is important to note that Nevada is not asking for the owners of the entity up front. The requirement is that the registered agent either keeps a list of the owners or the name of a contact person who has a list of the owners. The Secretary of State will request the ownership list only when a law enforcement agency needs it for a criminal investigation. Not for a civil case mind you, but only for a criminal case.

What this means is that if your business and asset protection plans are on the up and up, your privacy will be protected. Or, to put it another way, if you are engaged in fraud and other crimes, our firm will be happy to comply with these new rules. You may even want to take your bad business somewhere else to begin with. But for the good guys, you will still maintain your privacy.
Two points are worthy of further note. First, for limited partnerships the only owners the new legislation aims for are the general partners. While the generals do indeed control a limited partnership, frequently they only own 2% or less of the entity, and are usually just a management corporation or LLC. The limited partners will own 98% of the limited partnership and, except for management, are the economic beneficiaries of the entity.
Whether the new law intentionally just wanted information only on the general partners or will be corrected to include the limited partners’ identities remains to be seen. But for now, people very concerned about privacy may want to use Nevada limited partnerships.
The second point has to do with Wyoming. The corporate law of Wyoming does not have such an ownership disclosure procedure. Yet.
Apparently the federal authorities are working to get similar legislation approved in other states, including Wyoming. We will keep you informed of such developments. Until then, once again, those very concerned about privacy may want to use Wyoming entities.
3. Stronger Asset Protection for Nevada Corporation Shares
One of the strongest asset protection laws on the books is the charging order. This law holds that a judgment creditor of a member of an LLC or a partner of a limited partnership can’t acquire those interests directly and use that control to force a sale of the assets. Instead, they only obtain the rights of an assignee of the membership or partnership interest, meaning they are only entitled to distributions from the entity. They can’t vote to sell the assets to satisfy their claim. They can’t even vote to increase distributions. They are stuck waiting for future distributions, which may or may not come. The charging order is a very effective deterrent to frivolous litigation, especially in Nevada and Wyoming LLC’s and LP’s where the charging order is the exclusive remedy.
Up until now, the charging order had never applied to shares of corporate stock. So, for example, if John got in a car wreck and his insurance did not cover him, the victim could proceed against all of his assets. If John owes 75% of a profitable corporation the victim could get control of the shares and vote to sell the business to satisfy the claim. This certainly is not fair to Jane, the 25% owner of the business, who worked hard to build it up only to see it sold out from under her.
With Nevada’s new law the charging order now applies to shares of corporations. This is an excellent development.
There are several important rules to point out. The charging order protection only applies to corporations that have more than one and fewer than 75 shareholders. If you own 100% of a profitable corporation you may well want to consider issuing a nominal amount of shares to a relative or friend in order to gain the better protection. As well, the new law does not apply to subsidiaries of publically traded companies or to professional corporations.
The charging order protection for corporate shares does not apply to any litigation filed before July 1, 2007, and it does not supersede any private agreement between a stockholder and a creditor. This new law puts Nevada at the forefront of asset protection states. While Wyoming will most probably follow suit, until they do Nevada is the state in which to incorporate. Even though Nevada’s initial and annual filing fees are somewhat higher than Wyoming’s fees, the better protection is well worth the extra cost.
4. Miscellaneous New Rules
The new law dealt extensively with the conduct of restricted agents. A new category was created that of the commercial registered agent, which shall be registered with state. Registered agents that don’t comply with rules to be established by the Secretary of State’s office can be banned from the business. In keeping with the new disclosure rules, registered agents must keep a company’s stock ledger for three years following the registration or termination of the agent or dissolution of the company.
The new law allows for professional LLCs. Many doctors, lawyers, CPAs and the like have wanted the flexibility of operating their practices as an LLC but were prohibited from doing so. The new law follows the trend of many states of now allowing for professional LLCs.
The importance of the corporate election of directors was underscored in the new law. Companies that fail to elect directors within 18 months beware. The owners of 15% of the corporate stock can go to court to force such an election.
The reinstatement of entities was made more effective. A corporation, LLC or LP that fails to pay its annual fees to the state can lose its right to do business. Reinstatement involves paying back fees to bring the entity current with the state. The new law provides that reinstatement reinstates the entity’s right to do business as if the entity had been current all along.

Source of International law

The sources of international law can be divided into following categories:

  1. International conventions.
  2. International customs.
  3. General principles of law recognized by the civilized states.
  4. Decisions of judicial or arbitral tribunals and judicial works.
  5. Decisions or determinations of international organizations.

Article 38 of International Court of Justice (ICJ) recognized the following sources for IL:

  1. 1. International conventions.
  2. 2. International customs.
  3. 3. General principles of law recognized by the civilized states.
  4. 4. Decisions of judicial or arbitral tribunals and judicial works.

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International conventions- Art 38 of ICJ consider it as the first source of IL. A/c to Hudson Conventions is used in a general and inclusive sense. It would seem to apply to any –treaty, agreement, and protocol. A convention may be general either because the numbers of parties or character of it or it may be particular which deals with specific parties.

Whenever an international tribunal decides any disputes between any states, it first seeks whether there is any treaty between the parties if there is a treaty between the parties the tribunals is bound to follow the rules laid down by the respective treaty. As schwarzenberger rightly describe the treaty – treaty are agreement between subjects of international law creating a binding obligations in international law.

Reference can be made by Art 26 of Vienna Convention on the law of treaty which applies the rule of Pacta Sunta Servanda – means treaty is the binding force upon the party and it must be performed by them in a good faith.

Protocol is the supplement of treaty, it use as a modification of treaty.

Vienna Convention on the law of Treaties –

It is of two kinds

  1. Law making treaties.- this type of treaties perform the same functions in the international field as legislation does in the State files. it can again be divided into two types-
    1. I.            Treaties enunciating rules of International law- example UN charter.
    2. II.            International treaties which lay down general principle.- example Geneva Conventions on the law of sea, and Vienna Convention on the Law of Treaties.
    3. Treaty contract. In this treaty two or more State are entered into contract sort of thing. And these treaties are binding on the parties.
  1. International Customs.- it is the oldest and the original source, of international as well as of law in general. Customary rule are the rules which have been developed in a long process of historical development.  The customs arose from the natural principles of justice and public utility. The sanction of the custom means the people of the nations accepted it. And it deserved the sanction of law also. As Salmond rightly said- customs is to society and law is to sate. Art 38(b) of ICJ recognizes custom as evidence of general practice accepted by law.
In order to understand the meaning of custom we have to understand the meaning of usages. Usage is in fact is the early stage of custom. In other words those habits which are often repeated by the States. –Satrk- where a custom begins where usages ends.. usage is an international habit of action that has yet not received full legal attestation. It is not necessary that usages always become the custom.

Ingredients of Customs-

  1. 1. Long duration.
  2. 2. Uniformity.
  3. 3. Generality of practice.
  4. 4. Acceptance of law.
  1. 4. General principle of law recognized by civilized state. Means those rules which we find repeated in much the same from in the developed systems of law, either because they have a common origin as in Roman law or because they express a necessary response to certain basic needs of human associations.

International court has recognized the general principle of law such as- good faith, responsibility, prescription, res judicata etc.

  1. 5. Decisions of Judicial or Arbitral Tribunals and Justice Works-

ICJ decisions- it is the main international judicial tribunal, but it is to be noted that its decisions are not binding nature. Art 59 of ICJ says that-  no binding force except between the parties and in respect of that particular case.

Jurist Work- although juristic works cannot be treated as an independent source of international law yet the view of the jurist may help in the development of law.

  1. International organizations- such as WTO,WHO etc.
  1. Other source of International Law-
    1. I. International comity – the mutual relation of states are based on the principle of comity, when a state behaves in a particular way with other states, the later have also to behave in the same way.
    2. II. State paper- when one state send letters to each other for mutual interests. These letters are sometimes published. A study of these letters sometimes revelas that certain principles are repeatedly followed by states in their mutual intercourse.

Essential factors for selecting the UK Immigration consultants

You might have encountered questions as to how and what needs to be done in a scenario when your Visa application is on brink of near rejection. Most of applicants become paralysed simply on the idea that their Visa application has been summarily rejected, let alone the very thought of selecting the UK based Immigration consultant. And those applicants who even reach to the levels wherein they start thinking of hiring a professional Immigration law firm, their decision is arrested due to several vague thoughts. Often, such individuals get themselves strangled into train of circumlocution. On the flip side, such applicants should look seriously and give a thought on hiring services of professional Immigration consultant.  But, even here there is a stop point. How should the applicant be assured of his or her choice? Here are few parameters that must be kept in your mind while hiring the services of Immigration consultant:

http://immigrationvt.com/wp-content/uploads/2015/09/about.jpg•         Licenced and certified from OISC
•         The practise should be focussed on Immigration and Asylum Law
•         The Immigration consultant should have good understanding on your Immigration case, in particular
•         The Immigration lawyer should talk to you not like a professional, but like a friend
•         He should emphasise on providing personalised guidance, besides other factors
•         The professional lawyer should not hesitate in divulging a precisely clear and honest estimate of total fee
•         The consultant should be affordable and comes within your budget
•         The conduct of consultant should not be unethical, deceitful or for that matter farfetched

Role of the Immigration consultant

Immigration consultant has a different role to play than what is usually played by any other consultant, say for example the educational consultant or the business consultant or the financial consultant. As it is clearly suggestive, Immigration consultant will always concentrate on providing on legalised help to prospective applicants who are just planning for Immigration, but require guidance to move ahead successfully through the entire Immigration process.

The role of immigration consultant, speaking in general, follows closely with that of legal adviser or counsellor to foreign citizens and immigrants who need to interact with Immigration authorities.  The consultants play major role in providing professional advice and get quick, enterprising guidance on valuable points like Visa Applications, Green cards, Citizenship and Naturalization, Deportation issues, and working out methodologies to create employment for non-citizens.

In plain terms, the Immigration consultant is engrossed in offering advice to prospective group of applicants, who have interest or have already made the application before Visa office.The consultants are Immigration lawyers, who at times, make appearances in front of Immigration judge or jury, in a scenario where the applicant is facing Immigration hearing. In several cases, the Immigration lawyers also present the testimony between Immigration and criminal laws.

Reasons for hiring professional Immigration consultant

Many applicants need services of professional Immigration consultants for various needs. Here are few important needs that you should concentrate upon:

•         Assistance for submitting Visa application before the designate authority, in this case, it is the Visa office
•         Help in making the applicant understand importance and sensitivity of Immigration law
•         Work on the complex frontiers where the Immigration and Criminal law come closely together
•         If the Immigration applicant has initiated the Visa application process, but is confused as to how he or she should proceed further on it, the Immigration consult would help
•         If the applicant wants to set up his or her extended business in foreign country
Do not delay your decision on hiring the services of Immigration consultant. Keep the above points in your mind when making the selection of Immigration consultant, and you will feel sheer confidence when applying for a particular Visa.

How to find a good Costa Rica immigration lawyer?

In Costa Rica, there are definitely some good immigration lawyers whose goal is to take the case in your favor than just charging fees. Some reputed law firms in Costa Rica have lawyers who are specialized in dealing immigration and residency related cases.

http://www.faranitaylor.co.uk/wp-content/uploads/2013/08/FT-Immigration-Law.jpgHowever, it can also happen that a bad immigration lawyer damages your case such a way that it is difficult to recover from there. Even in such situation, you are bound to pay his fees. No matter if you are trying to get a green card or visa, or avoiding deportation or looking for other immigration related benefits, you need a good Costa Rica Immigration Lawyer in your side.

Here are some guidelines to save yourself from fraud immigration lawyers in Costa Rica.

Avoid immigration lawyers present in immigration offices

Some immigration attorneys in Costa Rica spend more time in immigration offices, in search of clients, than in their chambers or court rooms. This is a completely unethical practice according to bar council. You need to understand that they are really not busy and they have to search themselves for clients. And the expertise of such immigration lawyers is also not beyond question.

A good, reputed attorney should be so busy that you have to wait for an appointment. To be on the safe side, contact the well known law firms in Costa Rica for your immigration related case. These firms are highly concerned about their reputation and only employ attorneys who are really qualified.

Research well

In today’s internet driven world, it is very hard to hide information from public’s view. So, search on the internet for a reputed and experienced immigration law attorney. Once you find some names, research on each of them. For example, you can read independent reviews, ask questions in forums etc. to make sure that the attorney is really qualified and have good track record.

Avoid lawyers with impossible promises and unethical advices

It is easy to understand that even the best attorney can not guarantee to win the case. It is the judges or the officials of the immigration department who are ultimately the decision maker. So, any immigration lawyer who is promising you 100% success is simply telling lie.

There have been cases in the past where immigration attorneys have advised their clients to bribe the immigration department or to put false information on the application form to get immigration permission. Be aware. Such lawyers are taking you on the wrong road.

That is why, some people in Costa Rica prefer to contact law firms than independent attorneys, since they are highly professional and work ethically.

Have choices

It is always good to have a short list of attorneys since one single attorney may not be readily available. Besides, discussing your case with more than one immigration lawyer will give you the chance to compare their advice.

In short, before giving your case in an immigration attorney’s hand, make sure he understand your case well and proceeds with it professionally. And remember, quality service only comes with higher price.

Distinguish Between Law of Tort, Criminal Law and Contract Act

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1. INTRODUCTION:

Tort is breach of some civil duty independent of contract for which compensation may be recoverable. If there is an injury for which no compensation is recoverable is not tort. The law of tort is based on common law. It is still growing. It is not the part of statue law.

2. MEANING:

The word tort is derived from Latin word “Tortum” which means to twist or ‘conduct’ which is twisted.

3. DEFINITION:

> Salmond:

According to Salmond Tort is a civil wrong for wh’ch the remedy is a common law action for Unliquidated damages, and which is not exclusively the breach of a trust or other merely equitable obligation.

> Oxford Dictionary:

Tort is a private or civil wrong.

> Philip James:

Tort is a private or civil wrong independent of contracts for which appropriate remedy is an action for unliqidated damages.

4. DISTINGUISH BETWEEN TORT AND CONTRACT:

I. AS TO RIGHTS:

> Law of tort protects right in rem available against the whole world.

> Law of contract protects rights in personam which means against a particular individual.

II. AS TO DAMAGES:

> In tort, damages are unliquidiated.

> In contract damages are liquidiated.

III. AS TO CONSENT:

> Tort is always inflicted against consent of the person.

> Contract is always founded on consent of a person.

IV. AS TO CODIFICATION:

> Law of tort is not codified.

> Law of contract is codified.

V. AS TO FIXATION OF RIGHT AND DUTIES:

> Rights and duties are fixed by law in law of tort. > Rights and duties are fixed by parties in contract.

VI. AS TO DEFENCE:

> In law of tort necessity is a defence. > In contract, necessity is no defence.

VII. AS TO DOCTRINE OF VICARIOUS LIABILITY:

> Principle or doctrine of vicarious liability applies.

> Principle or doctrine of vicarious liability does not apply.

VII. AS TO LIMITATION:

> Limitation of time is one year in tort. > Limitation of time is three years in contract.

IX. AS TO POSITION OF MINOR:

> In law of tort a minor person can sue and can be sued.

> In contract a minor person can not sue and can not be sued.

5. DISTINGUISH BETWEEN LAW OF TORT AND CRIMINAL LAW:

I. AS TO PARTIES:

> In tort parties are known as plaintiff and defendant.

> In criminal law, parties are known state and accused.

II. AS TO PUNISHMENT:

> Tortfeasor has to pay damages.

> Criminal are sent to prison.

III. AS TO PROCEDURE:

> In tort, proceedings are regulated by civil procedure code 1908.

> Proceeding are regulated by the criminal procedure code 1898.

IV. AS TO INTENTION:

> Intention is not relevant in tortiuous act.

> Intention is always relevant in criminal act.

V. AS TO DEFENCE:

> Necessity is a defence in tortiuous act.

> Necessity is not a defence in criminal act.

VI. AS TO COMPROMISE:

> In tort, compromise is permissible.

> Compromise is not permissible in criminal law.

VII. AS TO PROCEEDINGS:

> Proceedings are conducted by injured person in law of tort.

> Proceeding are conducted by the state in criminal law.

VIII. AS TO CODIFICATION:

> Law of tort is not codified.

> Codified in Pakistan penal code.

IX. AS TO POSITION OF MINOR:

> A person under seven year is tortuously liable in tort.

> A person under seven year is not criminally liable.

6. CONCLUSION:

To conclude I can say that law of tort is different from law of contract and criminal law.

Common Law vs. Code Law & Its Impact on Accounting Standards

For business professionals, the convergence of accounting standards set by IFRS and U.S. GAAP is a fairly common topic of interest.  Does one set of standards better represent a company than the other?  Is one set of standards fairer to shareholders?  Before one can analyze the pros and cons of IFRS vs. GAAP and the possibility of converging, it is important to understand the different legal environments that the standards may exist in. There are two important forms of law that make up the majority of the international marketplace.  The first is called “common law,” and it is the form of law used in the United States.  The second is called “code law” or “civil law,” and it is the most commonly used form of law in the world.

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Common law is used mostly in countries that have British influences, like the United States (The World Factbook).  The CIA estimates that it is used in approximately 80 countries worldwide (The World Factbook).  While common law has some of its roots in written law, the majority of its rules are found in judicial history (Cueto).  This means that the precedent for a ruling any case is set by prior case history in superior courts (Cueto).  For example, if a previous court ruled murder illegal, all subsequent lower courts would rule murder illegal.  This makes it easier for individuals and companies to predict the outcome of a case because they can easily look to a previous similar case for a verdict.

Civil law, on the other hand, is be interpreted on a case by case basis.  Used in approximately 150 countries, civil law is rooted in statutory law (The World Factbook).  It must be written down, but this means that the verdict in one case has no influence or relationship with the verdict in another case (Cueto).  In civil law, one court can rule murder illegal while another court can decide murder is legal, and they would both be right.  Fortunately, most courts agree that murder is, in fact, illegal.

Academics seem to agree that both GAAP and IFRS are rooted in common law, but IFRS is still frequently adopted in code law countries (Cueto).  Many professionals and academics, however,  argue that political pressure on the FASB is turning GAAP into a more codified law.  IFRS requires that it be written into the law of each country that adopts it (Rappaport), but this poses a problem where many countries are reluctant to fully adopt IFRS as they do not like the idea of an outsider writing their laws for them (Cueto).  Instead of having one unified IFRS, this leads to a different variation for virtually every country that adopts it.  Asongu argues that differences in accounting standards in different countries lead to differences in financial development (Asongu).  So which form of law is more beneficial for a unified set of accounting standards?

Alan Rappeport explains one common theory about why common law promotes better company efficiency.  Because common law forces companies to use timelier loss-recognition, managers can more easily predict future decreases in cash flows, and this encourages companies to make smarter investments and adjust their corporate strategies to become a more efficient company (Rappeport).  Rappeport also highlights some major flaws with code law.  Because it is less market oriented, it allows more room for accounting estimates, and therefore errors and misrepresentations of a company’s financial position (Rappeport).  Code law also makes IFRS significantly more difficult to implement because countries can pick and choose the parts they like and incorporate them into their laws (Rappeport).

Asongu, on the other hand, makes an argument for code law over common law.  According to Asongu, code law is more favorable to investors, and a fair market for investors leads to a more favorable condition for financial growth (Asongu).  Additionally, because common law is set with former case rulings, it is much less open to adaptation than code law (Asongu).  Civil law can easily be changed to adapt to the ever changing economic conditions of a country and lead to more efficient economic growth (Asongu).

Because each country’s individual form of law is never going to change simply because it would better suit its accounting standards, the International Financial Reporting Standards may need to adapt.  If each country adapts a slightly different version of IFRS, then there is no true common standard.  While GAAP is used solely in the United States, IFRS may need to make changes until its standards are more generalizable, and can be unified in both common law and code law countries.

Works Cited:

Asongu, Simplice A.  “Why Do French Civil-Law Countries Have Higher Levels of Financial Efficiency?” Journal of Advanced Research in Law and Economics 2.4 (2011): 94-108. EBSCOHost.  Web. 16 November 2014

Cueto, Santiago A.  “International Basics:  What’s the Difference Between Common Law and Civil Law?” International Business Law Advisor.  Cueto Law Group, 5 May 2010. Web. 16 November 2014

Rappeport, Alan. “One Standard, Many Laws.” CFO 24.4 (2008): 41-42. Business Source Premier. Web. 16 November 2014

“The World Factbook.” Central Intelligence Agency. CIA. Web. 16 November 2014

Your career in the law sector= A guide to make your journey easy

Legal profession is a fast growing occupation. In today’s days of liberalization and globalization, it is likely to get an added benefit as more lawyers would be required to handle different cases.

Law is one of the highly popular career choices in our nation for a long time. Earlier, students could only specialize in either civil or criminal laws, but now the entire concept has been changed and students can opt for different specializations like patent laws, corporate laws, etc. A degree in law not only allows you to practice as a lawyer in the courts but you can also work in other fields like corporate management, legal services and administrative services.

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image source= lawschools.com

Those students who are interested in building a career in the field, can either go for a three-year law course after the graduation in any stream or a five course after completing Class 12th. The LLB course is regulated by the Bar Council of India, who designs rules & regulations, pertaining to legal practice in the nation. A higher degree helps a candidate in getting a job in academics also.

Usually, all law colleges in India are conducting entrance exams and usually these exams test student’s general English, legal aptitude, logical skills, general awareness, etc.

Law is the career which demands both patience and high logical skills. It requires dedication and hard work to succeed in the law field. Usually, first generation lawyers face different problems in their profession and it is true with other career fields also. It would be of great benefit if someone gets training under the Senior Counsel in the starting of their career. Strong communication skills and power of critical analysis are pre- requisites for lawyers. So, one should carefully analyze these points before building a career in the law field.

Different institutes offering legal education in India are=

  • Aligarh Muslim University
  • Allahabad University
  • Banaras Hindu University
  • University of Delhi
  • Jamia Millia Islamia
  • National Law University, Delhi
  • National Law School of India University, Bangalore
  • National University of Advanced Legal Studies, Kochi
  • National Law University, Orissa, Cuttack
  • National Law Institute University, Bhopal
  • National University of Juridical Sciences, Kolkata
  • Dr. Ram Manohar Lohia National Law University, Lucknow
  • National Law University, Jodhpur
  • Hidyatullah National Law University, Raipur
  • National University for Study and Research in Law, Ranchi

There are endless opportunities exist for law graduates. One can either start practicing as an advocate in a law or can also work in different corporate firms. By clearing different exams conducted by Public Service Commissions, a law graduate can also build a career as the judge. Once you will gain experience and skills, a law graduate can find a legal officer job, or can also become Solicitor General or a Public Prosecutor. You can also work as the legal advisor for different companies. Teaching in colleges, working as a law reporter are other fields where abundant opportunities are available.

Some of the top law companies where you can find endless job opportunities-

  • Amarchand Mangaldas
  • AZB & Partners
  • J Sagar Associates
  • Khaitan & Co
  • Luthra & Luthra
  • Trilegal
  • Desai & Diwanji
  • Singhania & Partners
  • Titus & Co
  • Wadia Ghandy & Co
  • Lakshmi Kumaran & Sridharan
  • Economic Laws Practice
  • Vaish & Associates

Moreover, the legal education in India is quite similar to the British education system. As a result, you can explore job opportunities in the foreign land also. Recently, a trend has been cropping up, where students from India are studing in law colleges in USA and thereafter working their & drawing attractive salary packages.

Some of the different profiles exist in the legal sector are=

  1. Legal Officer
  2. Criminal Lawyer
  3. Legal Analyst
  4. Legal Journalist
  5. Government Lawyer
  6. Civil Litigation Lawyer
  7. Judge

Study Law at Cambridge Summer School

Cambridge University has an extensive law school which has formed judges and lawyers all over the world and in England. Many of Great Brittan’s judges and top lawyers have their law degrees from Cambridge Law School.

http://www.nuigalway.ie/media/intranet/criminaljustice.pngBasically, you don’t have to be a British national to study law at Cambridge Summer School. Many US universities have partnerships with the Cambridge Law School for summer programs to study British common law and international law.

Why Cambridge? Cambridge has long been known to be one of the most prestigious universities in the UK. Located in the City of Cambridge in lower England, Cambridge has been on the parallel with Oxford University, the other major university in the British Isles.

Requirements for a summer of study at Cambridge can be quite rigorous. To get law education at Cambridge, many US university students will have to file paperwork to be in good standing with both the US and Canadian Barr Associations and acquire the textbooks and other learning materials before leaving for England.

GPA can also be a major requirement for a summer study program at Cambridge. Cambridge is one of the most prestigious schools in the world, so studying there for any period of time should be considered a privilege, and not a right. Thus you have to earn it. Typically, most students who want to spend a summer studying law at Cambridge should have a minimum of a 4.0 GPA to qualify.

Who will benefit from studying law at Cambridge? Well, basically, anyone interested in becoming a judge, lawyer, or studding international business law. What is International Business Law? Well, those of you who are serious about going into business and want to work and hold high positions in companies who do business internationally. Basically, many corporations who do business internationally have subsidiaries overseas and having a degree in international business law can help you negotiate deals or get subsidiaries set up for your company in other countries which can have serious trade and business relationships for your company.

Anyone studying US law can also benefit from studying at Cambridge because of the common nature between US law and British common law. When you have a good understanding of British common law and study early American history, you can have a well-balanced education on US law. This can also help you defend your case in the courtroom and enhance your career as a lawyer.

Relationship/conflict between national law and international law

The relationship between international and national law is one of the most fascinating, inconsistent, and complex issues that could come up in the context of the application of international law. It is constantly assumed that there is unavoidably some level of friction or contention between the spheres of international and national law. A number of critics argue that national law follows international law in the hierarchy of legal rules since international law legalizes the existence of a state. Conversely, others argue that international law does not have the maturity that enables it to take over and this is manifest in the existence of the state sovereignty and the need for the endorsement and integration of international treaties by the constitutional institutes in each state to stamp it as valid.

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The legal standing of international laws within nations differs considerably. For instance, their level of significance with respect to the rules of national law is very different.  In some cases, national solutions are founded on the Constitution itself (e.g. France, Spain, the Netherlands, Portugal, Greece) while in others cases they have emerged from practice and particularly from the case-law of the higher courts (Italy, Belgium, Luxembourg, Switzerland).

International Law is the law that governs the affairs of sovereign independent States amongst themselves. National law is the law of a State or country and in that respect is opposed to International Law which comprises regulations which developed States regard as binding upon them in their mutual relations.National law regulates the conduct of individuals while International law regulates the behavior of States. National law is concerned with the domestic affairs of the State whereas International Law is concerned with the external affairs of the State (its foreign relations).

There is a variance of opinion on the question as to whether International Law and National Law on the different national laws can be said to form an accord being manifestations of a single notion of law or whether International Law comprises an independent system of law fundamentally different from the National Law. The former theory is referred to as monistic while the latter is referred to as dualistic.

Monist and Dualist Theories

Monistic Theory assumes that the national and international legal systems as fundamentally the same. Both national legal regulations and international regulations that a state has accepted, for instance by way of a treaty, determine whether an action is lawful or unlawful. In most monist countries, there is a difference between international law in the form of treaties, and other international law. International law does not have to be translated into national law. The act of endorsing the international law instantly integrates the law into national law. International law can be applied directly by a national judge, and can be cited directly by citizens, just as if it were national law. A judge can pronounce a national statute invalid if it is in contradiction with international regulations because, in some countries, the latter have priority. In other countries, like in Germany, treaties have a similar effect as legislation, and by the principle of lex posterior, only take precedence over national law enacted before their endorsement.In its most pure form, monism dictates that national law that is in contradiction with international law is null and void, even if it existed before international law, and even if it is the constitution. From a human rights viewpoint, for instance, this has some benefits. Suppose a state has accepted a human rights treaty but some of its national regulations limit the freedom of the press. A citizen of that state, who is being indicted by his country for breaching this national law, can cite the human rights treaty in a national courtroom and can request the judge to apply this treaty and to declare that the national law is null and void. The accused does not have to wait for national law that translates international law.

Dualistic theory emphasizes the difference between national and international law, and obliges the translation of the latter into the former. The absence of this translation implies that international law does not exist as law. International law also has to be national law, or it is not a law by any means. If a country accepts a treaty but does not adjust its national law so as to conform to the treaty or does not make up a national law overtly incorporating the treaty, then it contravenes international law. Nevertheless, it cannot be alleged that the treaty has become part of national law. The international law cannot be relied on by citizens and it cannot be applied by judges. National laws that are in contradiction with it remain operational. According to dualists, state judges never apply international law unless it has been translated into national law. If international law cannot be directly applied, like in dualist systems, then it has to be translated into national law, and national law that is in contradiction with international law must be translated away.It has to be amended or purged so as to conform to international law. From a human rights perspective, if a human rights treaty is accepted simply for political motives, and states have no intention of fully translating it into national law, then the enactment of the treaty is very tentative.

Immigration to Lithuania

Immigration is a very complicated task and it needs time, money, hard work and attention of the aspirant. A great desire and diligence is required for preparing all the documents of immigration when you apply for visa. An applicant should be able to adapt to the country that he or she has decided to migrate.

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Immigration to an overseas nation is not an easy thing to do. You need to have a fixed motive for immigrating to a country without any trouble. However, there are many complex things that you need to do for immigrating to a country like learning foreign language, adapting the culture of the country and many other things.

Immigration to Lithuania has increased in recent years mainly because it is member of European Union. This has made an increase in salaries of the skilled workers and it is estimated that it will soon come at par with the salaries of highly developed economies of the world.

Advantages of immigrating to Lithuania:

  • The nation is centrally located in Europe so it enjoys geographical advantage.
  • The standard of living in the country is very high, as it has developed economy.
  • The Baltic state has seaport that helps in import and export of goods that can improve the economy of the country.
  • The Lithuanian firms can apply for EU structural fund support in times of emergency.

The immigration law is same for all the members who would like to migrate to any member state and this includes Lithuania. All the nations of Union have similar immigration laws. Lithuania is an amazing place that is strategically located in Europe and it immigrating to this country has many advantages compared to the other countries.

There are many skilled workers in Lithuania who can speak in multiple languages like German, French, Russia and many others. So the investors can have a strong team here and use their skills for enhancement of his business. Also, you may find many developed European banks in the country that ensures banking operations with ease and efficiency.

The transportation facility of the country is developed. This enables you to move safely within and outside the country. Lithuania is known for natural beauty and this attracts many migrants to the country. You may see beaches, lakes, forests and all the places where you can breathe fresh air.

Lithuania Temporary Residence Visa permits the foreign citizens to reside in the country for a fixed time as stated in the document. The country is positioned as one of the developing nations and is considered a favourable nation to do business. You can see free market economy in the country and they practice fair trade.

Immigration to Lithuania permits all the foreign nationals to reside freely anywhere in the country during their specified tenure. It is compulsory for all the migrants to file and obtain entry permission before travelling to Lithuania. All the immigrants can enjoy all the privileges that have been entitled to the residents of the country.

The Adam Walsh Act: Sex Offender’s and Immigration Law

Recently, under the Adam Walsh Child Protection Act, United States immigration law has taken a hard-line against US citizens and Lawful Permanent Residents (“LPRs”) convicted of various specified offenses against minors. Under the Adam Walsh Act a person convicted of certain offenses against a minor are prohibited from petitioning to bring any non-citizen family member or spouse to the US. Such individuals are not only prohibited from petitioning for a minor child but they are also prohibited from petitioning for any adult beneficiary, such as a spouse, fiancé, parent, unmarried son or daughter over 21, an orphan, a married son or daughter, a brother or sister, and/or any derivative beneficiary. The following is a non-exhaustive list of offenses against a minor that could trigger a visa petition to be denied based upon the Adam Walsh Act: kidnapping or false imprisonment (unless committed by a parent), sexual solicitation, solicitation to engage in acts of prostitution, offenses involving child pornography, certain instances of statutory rape, or anything else that is determined to be an offense involving sexual conduct against a minor.

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Thus, a 50 year old man who engaged in an improper relationship with a minor 25 years ago can now be stopped from entering a completely lawful and healthy relationship with a 55 year old foreign woman. At the same time under the Adam Walsh Act a 19 year old individual who was convicted under statutory rape laws in his state for engaging in consensual intercourse with his 17 year old girlfriend of 5 years can be barred from bringing a foreign spouse to the US in the future. These bars are in place despite the US citizen having served their time, not committed any other criminal acts and/or having provided evidence of rehabilitation

Effectively the Adam Walsh Act prohibits US citizens and LPR’s convicted of various crimes against a minor from filing for any family member without first obtaining a waiver from the Department of Homeland Security (“DHS”). Moreover, Adam Walsh Waivers are extremely difficult to obtain. The decision to waive such a conviction is left to DHS, who has “sole unreviewable discretion” to grant or deny an Adam Walsh Act Waiver. “Sole unreviewable discretion” means DHS has ultimate power in these decisions, there is not an appeal process, and there is not a complaint or review process. Such a decision is left completely up to the person reviewing the request and they can deny any application for any reason. In fact they do not even need to provide a reason.

In order to qualify for an Adam Walsh Act waiver the petitioner must show they pose no risk to the beneficiary. Any applicant applying for such a waiver should plan on submitting some or all of the following:

  1. Their own sworn affidavit,
  2. A sworn affidavit of the potential beneficiary,
  3. Sworn affidavits of close friends and/or prominent members of the community,
  4. The police and court records describing the crime/s,
  5. Newspaper articles describing the crime/s,
  6. A full psychological evaluation,
  7. Evidence of rehabilitation, and
  8. Any other evidence which shows pose no risk to the beneficiary.

As one may guess, decisions that are left to the “sole, unreviewable discretion” of the immigration officer are often not given a fair analysis. First the officer reviewing such an application’s decision will not be questioned and they will not be reprimanded in any way. Second, there is a great deal of misinformation and prejudice surrounding people convicted of these types of crimes. DHS officers have no problem accepting the non-refundable filing fees from a petitioner and turning around and denying their application. Moreover, once an application is denied it makes it all that more difficult to submit it again and get it approved.

Because of the difficulty in getting such waivers approved it is highly recommended a person applying for an Adam Walsh Act Waiver retain competent and experienced counsel to assemble a formal request. Although there are no official DHS statistics on the matter, reliable sources within the government estimate that only 45% of these applications are approved. Thus, if you require an Adam Walsh Act Waiver, it is highly recommended you retaincompetent counsel immediately.

The Need for an Immigration Lawyer

The fact is that hiring an immigration attorney is a matter of preference. As an attorney myself, I can safely say that some immigration matters probably do not need the attention of an immigration attorney. If an individual needs to renew her green card, there’s a form for that that can easily be found on USCIS’s web site, and she can fill it out herself and pay the fee. It’s that simple. Don’t waste your money on an immigration attorney to do this for you.

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Then there are the incredibly difficult matters that individuals usually have absolutely no idea how to handle, such as submitting complicated waiver applications, navigating all the different types of employment-based visa categories, or (heaven forbid) being placed in removal proceedings which necessitates at least several hearings in Immigration Court.

That being said, there are several very good reasons why people hire lawyers:

(1) Immigration Law BC is complex. In 2005, the Congressional Research Service reported: “The statutory scheme defining and delimiting the rights of aliens is exceedingly complex. Courts and commentators have stated that the and Nationality Act resembles ‘King Mino’s labyrinth in ancient Crete,’ and is ‘second only to the Internal Revenue Code in complexity.’

Finding someone who can navigate the complicated laws can mean the difference between being able to live and work in the U.S. and being forced to leave.

There are, however, some immigration attorneys who either cannot or at least have not yet figured it out. In a law review article written by Judge Richard Posner of the Seventh Circuit Court of Appeals and Northwestern University Law Professor Albert Yoon, it is noted that a panel of judges were asked which area of the law had the lowest quality lawyers. The judges “agreed that immigration law was the area in which the quality of representation was lowest.”

(2) Canada Immigration Lawyers can fend off future problems. Because of the complexity of law, it’s difficult for individuals attempting to handle an immigration case by themselves to get up to speed on the immigration laws. This is especially important if time is running against you, which it almost always is in immigration matters. Retired U.S. Supreme Court Justice John Paul Stevens has stated in the context of detained immigrants that “the need for legal representation for immigrants has grown so acute and the consequences so drastic that something must be done.” If attorneys are useless, then a U.S. Supreme Court Justice would never have made such a remark.

Best Immigration Lawyers of Canada does much more than simply fill out forms. We can spot immigration problems before they occur, and advise a client accordingly. When we believe the client does not have a good case, we tell them, and suggest ways in order to build a stronger case. When we are forced to fight the government, we prepare legal briefs in support of our arguments and make appearances in and consular officers with our clients. We offer strategies for successful outcomes at immigration interviews, and inform clients of potential pitfalls to avoid at these interviews. As you can see, all the evidence supports the case that immigration lawyers are invaluable.

About Indian Law Firms In Delhi, Mumbai, Hyderabad

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The need of law firms in this corporate world rises day by day. As they have played a vital role in offering types of business law activities including intellectual property, litigation, real estate & construction , corporate & commercial, agency & franchise, merger & acquisitions, infrastructure, corporate & commercial law, taxation, infrastructure development, merger & acquisitions, technology transfers arbitration, joint venture & technology, trademark registration, company registration and lots more. All these services are recommended to follow by types of business houses. Whether small business owner, big business owner, private or public business every one recommended to follow rules and guidelines regulated by companies act of India.
In India you will number of law firms that offer wide variety of law firms comprises a large team of corporate and commercial lawyers and attorneys specialized in various faculties of International Business laws in order to offer customized practicable and affordable company legal services and law solutions to their domestic as well international clients. While offering services indian law firms providing their clients with all types inputs and valuable insight and complete guidance regarding the development in the field of economic and commercial climate and company law services in India. Here you will find clear and practicable advices by law firms that comprise the establishment of maintenance and expansion of the commercial and business activities demanded by their clients.
Like Global Jurix LLP that offers verities of law services at affordable rates that suits your business legal issues as well your budget. It was established in 2002 Mr. Sidharth Goyal with one office and now today it have branches in every sates including law firms in New Delhi, law firms in hyderabad, law firms in mumbai & more. All the offices are equipped with latest communication facilities, state of art along with trained paralegal staffs, lawyers and attorneys to ensure the international quality standards of company law services and conduction of in-depth research and investigations. Having presence in nearly all the states of the nation expertise in local laws becomes their forte that ensures their maximum customization of legal and company law issues handling with a global perspective.

About Indian Law Firms In Delhi, Mumbai, Hyderabad

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The need of law firms in this corporate world rises day by day. As they have played a vital role in offering types of business law activities including intellectual property, litigation, real estate & construction , corporate & commercial, agency & franchise, merger & acquisitions, infrastructure, corporate & commercial law, taxation, infrastructure development, merger & acquisitions, technology transfers arbitration, joint venture & technology, trademark registration, company registration and lots more. All these services are recommended to follow by types of business houses. Whether small business owner, big business owner, private or public business every one recommended to follow rules and guidelines regulated by companies act of India.
In India you will number of law firms that offer wide variety of law firms comprises a large team of corporate and commercial lawyers and attorneys specialized in various faculties of International Business laws in order to offer customized practicable and affordable company legal services and law solutions to their domestic as well international clients. While offering services indian law firms providing their clients with all types inputs and valuable insight and complete guidance regarding the development in the field of economic and commercial climate and company law services in India. Here you will find clear and practicable advices by law firms that comprise the establishment of maintenance and expansion of the commercial and business activities demanded by their clients.
Like Global Jurix LLP that offers verities of law services at affordable rates that suits your business legal issues as well your budget. It was established in 2002 Mr. Sidharth Goyal with one office and now today it have branches in every sates including law firms in New Delhi, law firms in hyderabad, law firms in mumbai & more. All the offices are equipped with latest communication facilities, state of art along with trained paralegal staffs, lawyers and attorneys to ensure the international quality standards of company law services and conduction of in-depth research and investigations. Having presence in nearly all the states of the nation expertise in local laws becomes their forte that ensures their maximum customization of legal and company law issues handling with a global perspective.

International Law Firm Ince & Co Promotes Nine New Partners

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The new Ince & Co partners are:

Hong Kong

  • Gary Wong

London

  • Clare Kempkens
  • Jamila Khan
  • Matthew Moore
  • Kijong Nam

Paris

  • Alexandre Besnard

Shanghai

  • Wai Yue Loh
  • Vincent Xu

Singapore

  • Tricia Tong

The new partners specialise in the following areas:

Gary Wong – Gary advises on a diverse range of asset and project transactions including sale and purchase, ship finance, offshore and onshore corporate work, joint ventures, acquisitions and regulatory work, operating leases, finance lease securitisation, sale and lease back and subleasing transactions. He is qualified as a solicitor in both England and Wales and Hong Kong (based in Hong Kong).

Clare Kempkens – Clare specalises in energy & offshore in particular advising clients on drilling contracts, management and engineering contracts, charterparties, construction contracts, EPIC contracts, MOUs and associated insurance cover. She also advises on the resolution of large disputes particularly the design, engineering and construction of FPSOs and other offshore units (based in London).

Jamila Khan – Jamila advises clients in the shipping and international trade industriesin a range of matters, including charterparty claims, the sale, supply and carriage of goods,ship building contracts and sale of second hand tonnage (based in London).

Matthew Moore – Matthew’s practice is primarily related to maritime casualty work. He handles a broad range of admiralty matters including collision, stranding, fire, salvage and wreck removal cases. He deals with dry issues arising under charterparties and bills of lading, including protecting clients’ rights in relation to jurisdiction.Matthew also advises on casualty related marine insurance issues (based in London).

Kijong Nam – Kijong specialises in maritime, shipbuilding and offshore energy matters, as well as general commercial dispute resolution. He advises on newbuilding, offshore projects, energy and charterparty contracts and disputes in these areas (based in London).

Alexandre Besnard – Alexandre is dual qualified as an Avocat at the Paris Bar and an English solicitor. His practice is focused on international trade, shipping, energy, construction, engineering and insurance. He advises clients in litigation, arbitration and non contentious/advisory matters (based in Paris).

Wai Yue Loh – Wai Yue’s core practice areas are shipping, trade and insurance. He regularly advises ship owners, charterers, bunker and commodities traders and their insurers on ship arrests, charterparties, bills of lading, international trade disputes, shipbuilding disputes and marine insurance matters. He is admitted as a solicitor in England & Wales, Hong Kong (non-practising) and as an advocate & solicitor in Singapore (non-practising) (based in Shanghai).

Vincent Xu – Vincent has extensive experience in both non-contentious and contentious matters and handles all aspects of general shipping, trade and commercial disputes. He has a strong focus on shipbuilding, ship and project finance and general corporate matters. He is qualified in Hong Kong and the PRC (based in Shanghai).

Tricia Tong – Tricia advises clients in the shipping and energy and offshore sectors on a range of contentious and non-contentious matters including vessel collisions, salvage, charterparties, drafting and reviewing rig and ship building, conversion and construction contracts, and other commercial disputes including those arising out of the operations of offshore installations, as well as sale and purchase and related transactions. Tricia is qualified as an advocate and solicitor in the Supreme Court of the Republic of Singapore and as a Solicitor in England and Wales (based in Singapore).

Ince & Co Senior Partner, James Wilson, commented: “I am delighted to welcome these lawyers to the partnership. As a group, they bring an exciting cross section of skills and geographical focus. Each of our new partners has been with the firm for a number of years and all demonstrate the deep legal expertise, commitment and industry knowledge that our clients expect from Ince & Co. These promotions, from across our global network, not only reflect our continuing commitment to the firm’s key areas of business but also strengthen our international capabilities.”

In addition to the nine new partners promoted on 1 May, two partner appointments were made in Ince & Co’s Hamburg office effective 1 January 2011, they were Georg Lehmann and Tim Schommer.

The Ince network includes offices in Dubai, Hamburg, Hong Kong, Le Havre, London, Paris, Piraeus, Shanghai and Singapore.

The firm’s lawyers practise English, French, German, Greek, Hong Kong and PRC law and Singaporean law in arbitrations.

Lawyers in the firm advise in seven core business areas: Aviation; Business & Finance; Commercial Disputes; Energy & Offshore; Insurance & Reinsurance; International Trade and Shipping.

The teams regularly use knowledge of one sector to advise clients in another.

Hire the Best Immigration Lawyer in Canada

There are a number of reasons for which a person may require an immigration lawyer. The immigration lawyer is an expert who deals with the legal matters and assists one in the immigration process and other associated matters. In the immigration process, especially if it is for the first time one may require for an expert legal advice for that the immigration lawyers prove apt for the matter.

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The immigration laws and rules differ from one country to the other country. In the immigration one has to fill up a number of papers and documents therefore it is essential for one to have all things done accordingly. For this one need to hire for an immigration lawyer that can help and assist one in the whole process. The immigration lawyer is essential when it comes to the immigration Canada lawyer of getting the visa of the country. The immigration lawyer helps the client and gives guidance allied to the citizenship of a country work visa, student visa, tourist visa, employment visa and other aspects related to the immigration process. In addition, they facilitate their clients to meet the basic and vital obligations in filling forms, documentation, verification, and queries included in the immigration progression. There are numerous of immigration Canada Lawyer who ensure for best of service. But before hiring a lawyer one need to do, find out certain important facts. The immigration lawyer one hires must provide with assistance whenever needed by one and must be aware of all facts and loopholes of the system. Also hire a lawyer who makes sure that the application one submits is complete and hence enhance the chance of application acceptance by authority. There is a lot of immigration takes place across countries daily and also there are a number of immigration lawyers who ensures for best and proficient service but to select for right one is difficult.

Some of the facts one need to consider before hiring an immigration lawyer is discussed here. One needs to ascertain about the experience of the lawyer as experienced lawyers will be able to solve the matter efficiently, his knowledge over the area, time taken by him in the entire immigration process, must also ask about the charged for the service immigration lawyers in Vancouver. they provide it need to be cost effective. One can find essential information about the immigration lawyers on the web also from which they can compare and select the best one. In addition, one can also seek valuable advice and feedback from a dependable source before hiring one.

An immigration lawyer in Vancouver provides with the best of service in the immigration process and make certain in clients satisfaction with positive results in their favor. The immigration is the most concerned issues and all the processes in immigration, whether documentation or verification need to be tackled carefully. Therefore, one needs to carefully ascertain all the essential facts before so that one can have the best of service without any obstacle in the entire process.

Theft, Non-fatal Offences, Criminal Law Elements of Proof

THEFT AND NON-FATAL OFFENCES, STATUTORY AND COMMON-LAW PROOF IN CRIMINAL LAW CASES

http://www.ncps.edu.au/assets/Uploads/Subject-CriminalLaw.jpg> Theft and Related Offences

Theft says s.1 Theft Act 1968 is the dishonest appropriation of another’s property with the intention to deprive the other of it permanently. The actus-reus of it is in s. 3 ‘appropriation’ (‘any assumption of an owner’s right’) as can be changing price-labels to pay less: R -v- Morris 1983, or such ‘borrowing’ of a season-ticket in a way as makes it of no or little value: R -v- Llyod 1985 (‘property’ being, s.4, all property including money and things in action, but physical things as paper and not abstract things as knowledge copied from it: Oxford -v- Moss 1979, limitedly on wild-growing plants [unless uprooted] and on flowers-fruits-leaves [unless for sale]; ‘belonging to another’ is by another owned or in lawful possession or control of another, e.g. taking without payment from repairer: R -v- Turner 1971). The mens-rea of it is ‘dishonestly’ in s. 2 (defined in terms of: s. 2(1)(a) unless s/he believes it right in law to do so or s. 2(1)(b) that the owner in the circumstances would consent if knew or s. 2(1)(c) that the owner could not by reasonable steps be discovered), regarded as a two-stage test of ordinary standard of reasonable man and knowledge of it: R -v- Feely 1968 & R -v- Gosh 198; also ‘intention to permanently deprive’ as in Lloyd.

The Theft Acts provide also for other offences.

Obtaining property by deception is in s. 15 of the ’68 Act , as theft but ‘by any deception’ -by false words or tricky behaviour: R -v- Bernard 1837 (pretending as business inducing investment & supply of goods) R -v- Gomez 1993 (unentitledly in Salvation Army uniform collecting money).

Obtaining services by deception is s. 1 of the ’78 Act -it is as for property in the earlier Act.

Evading liability in s. 2 of the ’78 Act is the offence of similarly avoiding e.g. debts.

Making off without payment (‘bilking’) is s. 3 of the ’78 Act ~e.g. restaurant -without paying.

Robbery is s. 8 enabling theft by force or such threats, at the time or before, as would put in fear another of there and then being subjected to it ~theft with assault or battery -max.: life.

Burglary in s. 9 is mostly by trespass -by unauthorised entry to or to any part of any building (including caravans & house-boats lived in), s. 9(1)(a) ‘intending to steal or inflict grievous bodily harm or raping any person within it, or doing unlawful damage to it or anything within it as a trespasser,’ s. 9(1)(b) or upon entry as trespasser without such intention doing or attempting so ~it is can be tried by Magistrates -by a Crown Court if involves the intention to rape or cause grievous bodily harm

Taking a conveyance without consent is s. 12, taking, driving or being in, any thing constructed for carrying people by land, water, or air (except pedal cycles) ~it is a summary offence, normally, with max. 6 month imprisonment -unless aggravated by dangerous driving, or damage to it, or accident causing injury or damage (in the Criminal Damage Act 1971 ‘reasonable careful person test’ applies).

> Non-fatal Offences Against the Person

Non-fatal offences against the person are in part common law offences, and in part by statute; and, in order of seriousness, they are as follows:-

In Smith -v-Chief Superintendent of Woking Police Station 1983 entering a garden at night, by looking through a bedroom window terrifying a woman was an offence under s. 4 Vagrancy Act 1824 ~if intending to assault -words alone are not normally enough.

Assault is causing apprehension of immediate unlawful physical violence intentionally or recklessly -its charged under s.39 Criminal Justice Act 1998. Threats not capable of being carried out do not constitute it.

Battery is the intentional or reckless subjecting of another to unlawful force; and, as in the case of hitting one wit a missile, it need not be coupled by assault. This also is in common-law, charged under s.39 of the Criminal Justice Act 1998.

In both of these offences the mens-rea is intention: R -v- Spratt 1990, or by subjective recklessness: R -v- Savage 1991 was deliberate unreasonable risk taking, and R-v- Parmenter 1991: not if the risk is obvious but if malice was involved. While both the actus-reus and the mens-rea must exit at the same time, the mens-rea can be formed in the course of the actus-reus: Fagan -v- Metropolitan Police Commission 1969 -having accidentally driven car on policeman’s foot, refusing to move car when told had formed it

Satisfactory evidence of consent is a defence: R -v- Donovan 1934 (prostitute beaten by a stick for sexual gratification), if the offence is not a more serious one.

Assault Occasioning Actual Bodily Harm is a s. 47 offence and it is when battery, alone or coupled with common law assault, the statutory ‘assault’ of the Act is so serious that it is likely to interfere with the victim’s health and comfort -without cutting the whole skin, physically such as grazing and concussion: R -v- Roberts 1971, or: R -v- Chan & Fook 1994 as nervous shock in psychiatric terms: R -v- Ireland & R -v- Burstow 1997 (a direct physical attack is not a requirement, also e.g. silent telephone calls may constitute the offence of causing actual bodily harm. Its actus-reus is itself as the consequence by the ‘but for’ test, the objective test; it requires this to be coupled with the mens-rea in the form of intention or subjective recklessness: Roberts (where intentionally or subjectively recklessly there was unlawful force, which objectively occasioned the bodily harm). In Donovan consent was not a defence because actual bodily harm was caused ~the nature and the degree of the injury itself being the decisive factor in whether common assault was the offence involved -to which only it is a defence, or actual bodily harm or greater..

Unlawful Wounding is a s. 20 offence, and it is by any means unlawfully and maliciously wounding or inflicting grievous bodily harm. In the actus-reus the ‘wound’ is other than a broken collarbone: R -v- Wood 1830 or internal bleeding: JJC -v- Eisonhower 1983; it need not be serious. But ‘grievous bodily harm’ must be serious -although not necessarily permanent or life threatening, nor by a direct attack: R -v- Martin 1881. The mens-rea of it is ‘maliciously’ (intention or subjective recklessness) which applied as transferred malice in intended hitting in R -v- Latimer 1886; but in R -v- Parmenter where ‘neither could have intended nor realised injury’, and consent here too was no defence in R -v- Brown & Others 1993.

Wounding with Intent is s. 18, the most serious of the Act’s offences. It is ‘unlawfully and maliciously by any means whatsoever to wound or cause grievous bodily harm… with intent to do some grievous bodily harm.. or to resist or prevent the lawful apprehension or detaining… of any person’; its actus-reus is as for unlawful wounding, but its mens-rea is the intention to commit the crime, and proof of that is required, but it can be reduced to and dealt with as ‘unlawful wounding’ based on subjective recklessness: R -v- Constanza 1996 : it can be stalking and if silent telephone calls cause mental anguish as in R -v- Gelder 1944.

Assault occasioning actual bodily harm and unlawful wounding carry a maximum sentence of five years imprisonment, but wounding with intent carries, as maximum, life imprisonment.

> The General Elements That Must be Proved Before Establishing Criminal Liability

These have to be looked at first, in considering whether any offences may have been committed. Some of these are statute-based and some under common-law, their development having been much affected by such pressures as economic, social, and political. Usually specific are the features of each crime, but there are some common elements.

One is innocent until ad unless found in law not to be -except in strict-liability cases; this requires showing both that a guilty act was done, as well as that it was intentionally done.

Actus-reus is the criminal act: e.g., s. 1 of the Theft Act 1968 ‘dishonest appropriation’; or the criminal omission: e.g., s. 6 Road Traffic Act 1988 ‘fails to provide a specimen’; or a criminal a state of affairs or event: e.g., in Winzar -v- Chief Constable of Kent 1983 the charge of ‘found drunk in the highway’; or the criminal consequence: e.g., s. 47 Offences Against the Person Act 1861 ‘occasioning actual bodily harm’-which is a ‘result crime’ necessitating showing a casual link in fact or in law.

Causation in fact is determined by the ‘but for test’. In R -v- White 1910 the mother’s death having been from natural causes, poisoning her was not the cause, and it not killing.

Causation of law depend on the contribution of the intervening act. R -v- Roberts 1972 injury of jumping out the car was caused by sexual advances made to the woman in the car; in R -v- Pitts 1842 drowning was caused while escaping from an attack; R -v- Lewis 1970 broken leg resulted from escaping threats and attempt of violence; the reasonable act of the victim in seeking to escape being subjected to a crime was the link. Contributory negligence of the victim in R -v- Holland 1841 (self neglect) did not break the link, in R -v- Deer 1996 was still the significant operative in the death -it was killing, a thyroid condition unknown to the accused at the time did not change the ‘egg-shell skull rule’ and one took one’s victim as one found the victim -and R-v- Blaue 1975 (refusal of blood-transfusion on religious grounds) this applies also in respect to the spiritual condition of the victim. The sole cause of death need not be the act or the omission and in R -v- Pagett 1983 the ‘instinctive’ fatal shooting by a policeman of a human-shield was unlawful killing of the accused who had ‘substantially’ caused it; while some reluctance was shown by the courts in treating intervening medical treatment as breaking the link and in R -v- Smith 1959 as much as by 75% reduction of it by that did not break the link, in R -v- Jordan 1956 palpably wrong medical treatment was the direct and the immediate cause of death, from R -v- Cheshire 1991 it is clear that the link can be broken.

Mens-rea is the fault-level of the accused in the act or mission; it is often included in the definition of serious crimes e.g., ‘with malice aforethought’; it is ‘the guilty mind’ by intention, recklessness, or gross-negligence.

Intention, for most serious crimes, has to be specifically shown, by a subjective test deemed by the jury to have been present, R -v- Moloney 1985: in the form of foresight of, R -v- Hancock & Shankland 1986: the probable consequences, wilfully and deliberately carried out ~or in R -v- Nadrick 1988 with virtual certainty of the probable consequences -which may be intention: Scalley 1955.

Recklessness in ss. 47, 20, 23 Offences Against the Person Act 1861 (actual bodily harm, grievous bodily harm, rape) show basic intention; it can be subjective: leaking ripped off gas-meter killed in R -v- Cunningham 1957; or objective: R -v- Caldwell 1981 (arson by drunk) -s1(2) Criminal Damage Act 1971: as to whether life would be endangered.

Negligence can be mens-rea in non-strict-liability offences of e.g. Factories Act 1961 -but only as a last resort; but gross negligence, often, is sufficient mens-rea in homicide cases: Adomako 1994

Strict liability does not require mens-rea e.g. Food & Drugs Act 1995 -in Meah -v- Roberts 1977 of the unfitness of drink for human consumption the accused was innocent yet still guilty ~but in Warner -v- Metropolitan Police Commissioner 1969 (dangerous drugs case) ‘one cannot be in possession the contents of a package when he/she does not know what it is’.

These are an outline as guidelines; laws change, always ascertain current law.

Business Lawyers can Safeguard Your Corporate Assets

Every company as well as employees require legal advice. When it comes to companies, most of the time managers are not aware about how to deal with a business lawyer. Usually, attorneys are paid hourly and they respond to your requests. But it is the responsibility of the clients to maintain the relationship in a structured way. You can get legal advice on certain issues that you might not be aware of. It is expected that your attorney will be an expert in his field of law and will not be charging you for consultation.

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Here are the four solid reasons why hiring a business lawyer in Palo Alto helps:

  • Corporate Structure – Your legal advisor should be experienced in analyzing your venture and assisting you to choose the right structure. Every type of commercial structure bears a level of personal legal accountability for you. If you do not consult a lawyer while deciding your corporate structure, it means you are heading towards unnecessary personal risk.
  • Reviewing contracts – Running a business involves using contracts and you share a professional relationship with the vendors, partners, employees and other concerned people. You should always make contracts using legal assistance. Your contract might not offer sufficient legal safeguard. It is best to call your business attorney to draft the contracts.
  •  Labor laws – As your expands your business, you will keep on adding employees. There are a set of labor laws safeguard employee rights. As you get engrossed in your business, it won’t be possible for you to make constant changes. Your lawyer will take a look at all these stuffs to avoid any issues.
  • Handling lawsuits – Either you need to file a lawsuit or defend yourself from one that is filed against you. It is very expensive and time consuming if you have to rush to the court. The investment is not at all worthwhile. A good business attorney helps in handling lawsuits for your company and you do not have to visit the court.

The legal system in Palo Alto is really well organized and many people take interest in setting up business here. The lawyers here take care of every small detail when it comes to business. They are dedicated in offering high-standard services to the clients so that their business runs smooth. These attorneys have adequate knowledge and experience in resolving simple to complex legal disputes. They ensure your business documents are in safe hands and you will get the best solutions.

Are you still thinking whether a business attorney is necessary? You can manage a few sides of your business without the assistance of a legal advisor. But there are few very important things that only a lawyer can handle. There is no point in walking the cliff of a legal gorge, it’s vulnerable. One mistake and you are ruined. Find a business attorney to protect your business assets.

International Humanitarian Law

International Humanitarian Law

What is International Humanitarian law?

Fact sheet providing a summary description of the sources, content and field of application of international humanitarian law.

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    • International humanitarian law is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. International humanitarian law is also known as the law of war or the law of armed conflict.
    • International humanitarian law is part of international law, which is the body of rules governing relations between States. International law is contained in agreements between States – treaties or conventions – in customary rules, which consist of State practice considered by them as legally binding, and in general principles.
    • International humanitarian law applies to armed conflicts. It does not regulate whether a State may actually use force; this is governed by an important, but distinct, part of international law set out in the United Nations Charter.

Where did International Humanitarian Law originate?

International humanitarian law is rooted in the rules of ancient civilizations and religions – warfare has always been subject to certain principles and customs.

Universal codification of international humanitarian law began in the nineteenth century. Since then, States have agreed to a series of practical rules, based on the bitter experience of modern warfare. These rules strike a careful balance between humanitarian concerns and the military requirements of States. As the international community has grown, an increasing number of States have contributed to the development of those rules. International humanitarian law forms today a universal body of law.

Historical Convergence between International Humanitarian Law and the Laws of War

For most of the 20th century, international humanitarian law or the “Law of Geneva” was distinguished from the “Law of The Hague” or the Laws of War proper. The Law of The Hague “determines the rights and duties of belligerents in the conduct of operations and limits the choice of means in doing harm.” In particular, it concerns itself with the definition of combatants, establishes rules relating to the means and methods of warfare, and examines the issue of military objectives.

At the same time, the Law of Geneva, which focuses mainly on human beings as victims of war, is directly inspired by the principle of humanity. It relates to those who are not participating in the conflict as well as military personnel hors de combat. It provides the legal basis for protection and humanitarian assistance carried out by impartial humanitarian organizations such as the International Committee of the Red Cross. This focus can be found in the Geneva Conventions.

With the adoption of the 1977 Protocols to the Geneva Conventions, the two strains of law began to converge. Already before, articles focusing on humanity could be found in the Law of The Hague (i.e. the protection of certain prisoners of war and civilians in occupied territories) articles which were later incorporated into the Law of Geneva in 1929 and 1949). However the Protocols of 1977 relating to the protection of victims in both international and internal conflict not only incorporated aspects of both the Law of The Hague and the Law of Geneva, but also important human rights aspects.

Where is International Humanitarian Law to be found?

A major part of international humanitarian law is contained in the four Geneva Conventions of 1949.Nearly every State in the world has agreed to be bound by them. The Conventions have been developed and supplemented by two further

agreements: the Additional Protocols of 1977 relating to the protection of victims of armed conflicts. Other agreements prohibit the useof certain weapons and militarytactics and protect certaincategories of people and goods.

These agreements include:

Ø the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict, plus its two protocols;

Ø the 1972 Biological Weapons Convention;

Ø the 1980 Conventional Weapons Convention and its five protocols;

Ø the 1993 Chemical Weapons Convention;

Ø the 1997 Ottawa Convention on anti-personnel mines;

Ø the 2000 Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. Many provisions international humanitarian law are now accepted as customary law – that is, a general rules by which all States are bound.

When does International Humanitarian Law apply?

International humanitarian law applies only to armed conflict; it does not cover internal tensions or disturbances such as isolated acts of violence. The law applies only once a conflict has begun, and then equally to all sides regardless of who started the fighting. International humanitarian law distinguishes between international and non-international armed conflict.

International armed conflicts are those in which at least two States are involved. They are subject to a wide range of rules, including those set out in the four Geneva Conventions and Additional Protocol I.

Non-international armed conflicts are those restricted to the territory ofa single State, involving eitherregular armed forces fighting groupsof armed dissidents, or armedgroups fighting each other. A morelimited range of rules apply to internal armed conflicts and are laiddown in Article 3 common to the fourGeneva Conventions as well as inAdditional Protocol II. It is important to differentiatebetween international humanitarianlaw and human rights law. While

some of their rules are similar, these two bodies of law have developed separately and are contained in different treaties. In particular, human rights law– unlike international humanitarian law –applies in peacetime, and many of its provisions may be suspended during an armed conflict.

What does International Humanitarian Law cover?

International humanitarian law covers two areas:

Ø the protection of those who are not, or no longer, taking part in fighting;

Ø restrictions on the means of warfare – in particular weapons– and the methods of warfare, such as military tactics.

Basic rules of International Humanitarian Law

    1. Persons hors de combat and those not taking part in hostilities shall be protected and treated humanely.
    1. It is forbidden to kill or injure an enemy who surrenders or who is hors de combat.
    1. The wounded and sick shall be cared for and protected by the party to the conflict which has them in its power. The emblem of the red cross or the red crescent must be respected as the sign of protection.
    1. Captured combatants and civilians must be protected against acts of violence and reprisals. They shall have the right to correspond with their families and to receive relief.
    1. No one shall be subjected to torture, corporal punishment or cruel or degrading treatment.
    1. Parties to a conflict and members of their armed forces do not have an unlimited choice of methods and means of warfare.
    1. Parties to a conflict shall at all times distinguish between the civilian population and combatants. Attacks shall be directed solely against military objectives.

What is “protection”?

International humanitarian law protects those who do not take part in the fighting, such as civilians and medical and religious military personnel. It also protects those who have ceased to take part, such as wounded, shipwrecked and sick combatants, and prisoners of war. These categories of person are entitled to respect for their lives and for their physical and mental integrity. They also enjoy legal guarantees. They must be protected and treated humanely in all circumstances, with no adverse distinction. More specifically: it is forbidden to kill or wound an enemy who surrenders or is unable to fight; the sick and wounded must be collected and cared for by the party in whose power they find themselves. Medical personnel, supplies, hospitals and ambulances must all be protected. There are also detailed rules governing the conditions of detention for prisoners of war and the way in which civilians are to be treated when under the authority of an enemy power. This includes the provision of food, shelter and medical care, and the right to exchange messages with their families. The law sets out a number of clearly recognizable symbols which can be used to identify protected people, places and objects. The main emblems are the Red Cross, the red crescent and the symbols identifying cultural property and civil defense facilities.

What restrictions are there on weapons and tactics?

International humanitarian law prohibits all means and methods of warfare which:

Ø fail to discriminate between those taking part in the fighting and those, such as civilians, who are not, the purpose being to protect the civilian population, individual civilians and civilian property;

Ø cause superfluous injury or unnecessary suffering;

Ø cause severe or long-term damage to the environment. Humanitarian law has therefore banned the use of many weapons, including exploding bullets, chemical and biological weapons, blinding laser weapons and anti-personnel mines.

Is International Humanitarian Law actually complied with?

Sadly, there are countless examples of violation of international humanitarian law. Increasingly, the victims of war are civilians. However, there are important cases where international humanitarian law has made a difference in protecting civilians, prisoners, the sick and the wounded, and in restricting the use of barbaric weapons. Given that this body of law applies during times of extreme violence, implementing the law will always be a matter of great difficulty. That said, striving for effective compliance remains as urgent as ever.

What should be done to implement the law?

Measures must be taken to ensure respect for international humanitarian law. States have an obligation to teach its rules to their armed forces and the general public. They must prevent violations or punish them if these nevertheless occur. In particular, they must enact laws to punish the most serious violations of the Geneva Conventions and Additional Protocols, which are regarded as war crimes. The States must also pass laws protecting the Red Cross and Red Crescent emblems. Measures have also been taken at an international level: tribunals have been created to punish acts committed in two recent conflicts (the former Yugoslavia and Rwanda). An international criminal court, with the responsibility of repressing inter alia war crimes, was created by the 1998 Rome Statute. Whether as individuals or through governments and various organizations, we can all make an important contribution to compliance with international humanitarian law.

International law questions and answers

According to international law, does Israel have a right to build a wall around an occupied people?
No, it is completely illegal. International Court of Justice ruled that the wall was illegal and ordered Israel to tear it down. The Tel Aviv newspaper Haaretz, quoting court documents, reported that by a 14-1 vote the judges found the barrier,.

http://www.newmiamiblog.com/files/2013/02/international-law.jpgAccording to international law, soldiers who are sent in war in other countries, they’re staying legal ?
There is a large body of international law and customary practices that govern armed conflict between nations. Under these laws, soldiers usually meet the legal requirements to be considered as ‘combatants’ and as such their actions and their actions are considered.

What type of career options are available for lawyers specializing in international law?
Also, what is the average salary. Is it an in demand field? Please include any other information you can give me about this type of law. I am about to attend law school next year. I am thinking about specializing in corporate law or international law..

Which human rights can never be derogated according to the international law?
I know the right to life is one of them, and then the right not to be tortured and held in slavery. Which are the others?.. ‘Right to life, Right to liberty, right to fair trial, freedom of speech. – I’m not familiar with the term ‘derogated’.

Would George Bush be executed if tried by The International Court?
Illegal invasion, deaths of 100,000s of thousands of innocent people, torture, etc.: all illegal under international law. Or does our power and wealth give us the right to ignore the law and the feelings of the rest of the world. No. The International Court doesn’t give the death.

Does Israeli destruction of Palestinian homes ‘violates international law??
By Donald Macintyre in Jerusalem 19 October 2004 http://news.independent.co.uk/world/midd.international law Israel has systematically violated international law by destroying the homes of 16,000 people in Gaza’s southernmost town regardless of military necessity, a leading New York-based human rights agency said yesterday. Human Rights Watch suggested Israel has used weapons-smuggling.

how can international law be used as a tool for conflict resolution?
The same way that Federal law is used as a tool for interstate conflict resolution. Remember that the original 13 colonies were 13 nations at first, and they agreed to give the federal government the authority to handle international disputes. Same with the EU. The member.

‘for the police in washington dc to search the embassy of foreign country would be considered’?
a legal only if the police had a warrant b.acceptable under international law c. a violation of diplomatic immunity I’ll guess C. – C and grounds for a declaration of war against the United States of America. What are you waiting for? -.

Has anyone caught onto anything suspicious lately?
Think about your rights. Think about the constitution. Think about dumb people. We have lost our 1st, 4th, 5th, and 6th amendment rights. The constitution has been replaced by the Civil Rights Act and international law. I don’t know what to think about dumb people. But 2 out 3’s not bad.

What is the cisg?
Contracts for the International Sales of Goods. – CISG stands for the United Nations Convention on the International Sale of Goods. It codifies private international law with respect to the international sale of goods. The United States and most of its important trading partners have ratified the Convention. It is a binding treaty in.

How has Bush violated international law? What laws did he violate?
Numerous UN Treaties (accepted and ratified by the US) which set forth standards for treatment of prisoners (see Abu Gharib) including the Geneva Convention (which the US has said we are no longer following in the ‘war on terror’). Also, civil rights violations — numerous treaties forbid.

I am an American but I want to move to the UK and pursue law. Do you think this is a bad idea?
It’s a good idea if you intend to practice international law or stay to practice in the UK. The legal system in the UK is very different from the one in the US. Do your.

Since Mexico abandoned all their oil rigs, if I can find someone crazy enough to go there, will I be able to?
claim them as abandoned property under international law. Was just thinking if that would work. Dean is 6mph short of being a cat 5. Not many will take you up on that suicide mission. – If the.

if a nation declared war, what’s the status of a captured foreign saboteur, in international law .?
Asking NOT because of Guantanamo, but for a case coming to my attention happening in WW2. along with that.. Geneva convention. since when is it valid and did we signed it ? The Geneva convention only protects soldiers in uniform and properly.

Is a blockade considered to be an act of war under international law? I.E. Cuban Missile Crisis.?
This is a good question. Generally, I would consider a blockade to be an act of war, but I think that what is considered an act of war can be different for different countries. For example, if the UN agreed to.

is a criminal justice a lawyer that goes to court and defends people?
is like what is the diference between pre law studies, criminal justice, law, advanced legal reaserch,coparative law and international law. Haha, no – criminal justice refers to the field of study that examines crime as a social phenomenon, and traditional focuses on the agents, procedures, and.

Is it true that the United Nations must sanction a war for it to be legal? Is Bush a war criminal then?
Bush going to war violates international law but it does not constutute war crimes such as genocide. According to the Un resolution 1441: ‘The Security Council may decide what measures not involving the use of armed.

Is it true that to become a citizen of Israel one has to be Jewish? Is that legal under international law?
It is obviously discriminatory. I don’t think the U.S. should support any country that requires the citizens to be a specific religion. This concept is so un-American that it would make the writers of the Bill of.

is there an international law stating that a child or teenager must be home by 5 o’clock?
me and my mom are argueing over this she says there is but i dont think so Not international, but if that’s what your mother says, then it is her law and you still have to follow it. That doesn’t make any.

Please tell me where I am wrong with this seemingly inescapable logic on the Iraq situation?

1. If there was no WMDs then there was no immediate threat to the US 2. If there was no immediate threat to the US, then there was no justification under both international law and our own president?? statements * 3. If there.

send all illegals home!agree or disagree??
Subject: TRY THIS CRAP IN MEXICO If you are ready for the adventure of a lifetime, TRY THIS:Enter Mexico illegally. Never mind immigration quotas, visas,international law, or any of that nonsense. Once there, demand that the local government provide free medical care for you and your entire family.Demand bilingual nurses and doctors.Demand free.

Should there be some sort of international law agianst world prostitution?
I’m so so sick of how drugs get taken care of but the one very immoral subject is left untaken care of- prostitution. In Asia alone, prostituition is everywhere from Taiwan, Japan to Thailand. It’s illegal in these countries, but heck who’s going to enforce the law? The.

Should Tony Blair be prosecuted for crimes against humanity?
What ‘crime against humanity’ has he committed? I’m not a big fan of Blair, but I adhere to the use of facts, evidence, proof, logic and reason in arguments. First, what actions has he done that can be construed as violations of international law? The charges need to be.

War crimes and international law – please do survey?
1.Age? 2.Male / Female 3.Where were you born? 4.Are you or your parents immigrants to Australia? From what country? 5.What is a war crime? 6.Who do you believe was responsible for the outbreak of World War Two? 7.The Axis nations were more heavily tried and convicted of war crimes at.

Was the intervention by the int community in the first gulf war legal?
Cos based on international law i was just wondering. I mean forgetting all the political issues associated with the war it is a bit confusing. I think that the Republicans would say that it was legal, because the United Nations’ Just War Theory requires that intervention.

Was the U.S. invasion of Iraq a violation of international law?
No, and for those who think it did, please cite which ‘International Laws’ were broken. Clearly there were numerous UN resolutions that authorized the use of force against Iraq for their violations of the resolutions. – As far as I can tell, no. – don’t think so.

can countries enforce laws from other countries?
i’m doing international law andd need to know whether a piece of valid prescriptive jurisdiction say prohibiting the causing of harm to a state’s nationals anywhere in the world could be enforced by a state which didn’t actually pass the legislation. so for instance if the United Kingdom made a law making.

what is the different between aggression and self defence in the international law?
are there similarities or differences between them? what role does security council play before taking actions against countries? aggression is when you provoke a fight, a verbal assault, a battery, etc self defence is when you try to protect yourself from such aggressions. self defence has.

what is the legal status of voluntary human shields under international law?the consequences of an attack on 1
in terms of the geneva conventions and other treaties. what are the consequences of an attack on such target? In practical terms, the legal status is nothing since, for the most part, international law is more concept than practice. Sovereign law.

what should be the role of foreign and international law in the U.S. Supreme Court decisions?
Particularly those that expand civil liberties? US Supreme court decisions should be based on interpretaion of US law and foreign and international law have no place. Decisions should be based on precedence and current law. By going outside of our laws, they are.

why America pressurized the world for international laws and violate himself ?
I’ll have to assume that you are asking why the United States is pushing Iran to give up its nuclear program while we maintain one ourselves. First, the nuclear program of the United States does not violate international law. Our program follows conventions agreed to by.

why do new nation accept international law?
Not necessarily so. From my perspective international law is often a framework created to endorse political power and control. To justify otherwise unjustifiable means. Where international conventions genuinely attempt to redress social ills their transposition into a new nation relies on the legitimacy of those laws to that nations people. This.

Why not just shoot them??
If, according to international law, mercenaries are not protected by the laws of war, and could be treated as criminals, whats all the fuss with the prisoners at Abu Grab? According to international law they have no rights. Would they not be considered mercenaries? http://www.ohchr.org/english/law/mercenaries.htm i agree kill em all. – ARE THEY NOT.

Can the states withdraw from de union according to international law?
States can theoretically vote to secede from the union, but in practice that would be very difficult to do, because few states have a viable economy on their own. They are too inter-dependent on federal programs and money. The US Supreme Court ruled that states do not.

Do citizens of an occupied nation have the right to attack the foreign invaders under international law ?
I think that if your country is attacked you do have the right to defend your homeland against foreign invaders. And once occupied you still have the right to fight for your country and try to restore it to its.

Does a surgeon diseased with hepatitis c have the right to practice operations?
i am a surgeon diseased with hepatitis c , according international law of surgeons , i have the right to practice operations or not ? No you’re not; you’re some kid trying to get us to do your homework. – This is the appropriate place for.

In international law, what status does a signed but unratified treaty have? Does it have any force in law?
What is the difference between an international treaty that has been signed and ratified (by a country’s national legislature)and one that has been merely signed but not ratified between two or more countries? If one country signs and ratifies but.

Understanding the Objectives of Criminal Law

Los Angeles is governed by different laws that guide its residents on what they should and shouldn’t do. Any violation of the law is punishable and the degree of punishment depends on the extent of the offense. Severe violations of the law that causes serious damages are categorized under criminal offenses. These are weighed by the jury using the guidelines of criminal laws.

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Offenses that fall under criminal law are murder, theft, battery, and sexual abuse. Even aiding and abetting, burglary, and assault are considered criminal offenses in Los Angeles and in most part of United States. Criminal offenses are enforced with corporal punishments in different forms and levels.

Criminal law enforcement is commonly done by “balancing the scales”. This is due to the thinking that criminals have to suffer the same way that their victims did. For example, a murderer deserves to undergo death penalty to balance the scales. This enforcement objective is called retribution.

Another enforcement objective is called deterrence, whether individual or general. Individual deterrence aims to punish the sole offender, while general deterrence aims to punish a greater group of society to discourage others from violating the law. A criminal attorney in Los Angeles may also be handling a case in which the law enforcers aim to incapacitate the client. Incapacitation is the act of extracting the offender from the society through death penalties or life imprisonment.

A criminal attorney in Los Angeles may also encounter law enforcers who aim only to rehabilitate the offender. This applies to criminal cases brought about by a certain form of addiction of the offender. There is also another form of enforcement objective called restitution where the only aim is to repair the damage done. These may seem like subtle consequences, yet these cases still need the assistance of criminal lawyers.

A criminal attorney in Los Angeles handles these cases because of his or her expertise in criminal law. Criminal charges are filed in courts and undergo a long process of stressful court proceedings. Once an accused person is proven guilty, enforcement of criminal law is done for different objectives.

Legal Elements for your Business – New Company Registration, Formation, Incorporation & LLP Registration under One Roof

Company is a kind of separate entity. Simply mean a group of people with same and common aim and target of doing business in order to earn profit. Company is generally formed for the purpose of doing business in the international market. Therefore, there are many challenges have to be faced by different companies in this competitive market. For those corporate and business houses that are performing outside country businesses will face more difficulties and hurdles as compared to domestic businesses. In order to handle those difficulties and hurdles, every country follows certain rules and regulations established for business and corporate sector. Like US, AUS, UK, NZ, Canada, India, China, Honk Kong and many more are following their own rules and regulations for handling business issues at domestic as well as international level.

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Like in India, one of the emerging countries in the field of business, offering awesome business opportunities to all world leading companies follow wide verities of business and corporate laws for operating business sector globally. In this world of competition it is very important for all types of cooperate sector to accompanied with different corporate and business laws in India in order to gain legal benefits. In India, Companies Act 1956 is one of the corporate laws that provide company formation and registration. There are many other services like trademark registration,llp registration ,copyright, stpi, corporate dispute solutions, patent registration, brand and logo registration, fcra registration, nbfc registration and many more laws are established by Indian corporate law authority.

Among these corporate law services, llp registration, company incorporation in india and company formation in india are the two most important law services that work for the society. Under this section you will also find new company registration in india where it is recommended to all new as well old company to get registration under the Companies Act 1956. It is one of the ways to protect your company from misuse, stolen or copied your company name and address from any unauthorized party. Here, company name, area of operation, classification of operation, head office address, company address, branches and many more things are to be registered under company registration in india. In this world of technology, there are business law companies like tm-india, 365companies, companyregistrationindia and many more are offering various types of business law services under one roof. For user convenient these are now also providing their online services for distant client. These online facilities are really simplified the process of following business laws for corporate sector. Now, it doesn’t matter, where you are, you can easily fill an online form related to your business law query on these corporate websites and have your solutions at an instant. It only saves time bit also provide reliability from both sides. Therefore, at present time when there is a huge competition in the international market, there will be more chances of getting plagiarism and misuse by unauthorized person, these business or corporate laws are only the way to get protect from all these types of illegal activities.

Benefits of being a Lawyer

Law is one of the most prestigious career fields. However, it takes a lot of hard work and patience to be a Lawyer and maintain your reputation as a good lawyer.  Law courses usually take up a bit more time in comparison to other disciplines. There are ample types of Law and corresponding lawyers. If you have your hearts set on being one, or you are considering studying Law, here are a few plus points that you would have of being a Lawyer:

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Great earning potential

Lawyers are the most highly paid professionals when compared to professionals from other career fields. It is said, the world’s best lawyers earn in millions. But that is the extreme best that we are talking about. Earning potential depends largely on the ability of the lawyer himself, his reputation, and a great deal on his client. If the client is a big corporate house, you can estimate the amount of salary the designated lawyer would draw. The initial package of a graduate from any of the best law colleges, who starts practicing, is enviable.

Service to others

Lawyers provide service to people or organizations and help them in fixing legal issues. They have a great responsibility in providing justice to the party by freeing from all wrong charges and defending him if he is taken to court. They are the most sought after people when someone needs a respite from legal fissues. Lawyers however, a lot of times, misuse their authority and are provoked to indulge in wrong deeds in the greed of more money. This kind of people breeds nothing but mistrust and disrespect among the public and eventually they lose out of clients.

A prestigious job

Since years all together, being a lawyer has been a prestigious career. Their professional status is perceived as elite and the fact that they have authorities over certain crucial aspects of the Legal industry, makes them command more respect. Lawyers play an extremely important role in helping people come out of legal charges and save them their reputation, career and status in the society.

Multiple practice area options

Corporate law is different from conventional law and students from any school of management studies can specialize in corporate law and join a firm as a legal advisor. Nowadays there are a lot of options for a law graduate to choose their area of specialization. Environmental firms look for legal advisors and lawyers as well. These are just a few examples, there are several more to explore!

Nature and Future of international law

Its Origin- The term international law was first coined by Jeremy Bantham in 1780. It is synonymous with the law of nations.

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Larance- The rules which determine the conduct of the general body of civilized States in their mutual dealings.

Larance did not consider the individual role in international law he consider only the mutual dealing rules of civilized states.

Oppenhelim- law of nations or international law is the name for the body of customary and conventional rules which are considered legally binding by civilized states in their intercourse with each other.

Criticism-

A-     Omission of International organization–  it is generally recognized that not only states but international organizations, have rights and duties under international law, even though they may not have all rights and duties which state have.

B-     Civilized State- there are state which has not been considered as a civilized state but they are the part of international law for example China.

C-     Omission of General rule of law- it is generally considered that international law not only consist the customary and conventional rules but also the general principle  of law. A/c to Art 38 of the international court of justice- General Principles of Law recognized by civilized states as the third source of international law.

D-    Static definition- international law is the body of rule now stands changed as static and inadequate, like all other law international law is a living law and dynamic in nature.

Though Oppenheim, lather change his definition of international law and included –

International law is the body of rules which are legally binding on states in their intercourse which each other. These rules are primarily those which govern the relation of states, but sates are not only subjects of international law. International organization and to some extent, also individuals may be subjects of rights conferred and duties imposed by international law.

J.L Briely- The law of nations or international law may be defined as the body of rules and principles of action which are binding upon civilized states in their relations with on another.

Torsten Gihl- the term international law means the body of rules of law which apply within the international community or society of states.

Kelson- body of rules which regulate the conduct of the states in their intercourse with another.

Soviet definition and approach to international law

The norms regulating relations between the states in the process of their struggle and co-operation, expressing the will of the rulings class.

Criticism- the soviet approach more towards  the international personality than the states.

Chinese Definitions and approach to international law.

International law like all other branches of law, is created in determinate stage of mankind social development.

In china international law regarded as a legal  instrument in the service of foreign policy.

This approach also criticize because they also not regarded international organization and individuals as subjects like the soviet. But china now has taken completely U turn and join the WTO.

IL a positive Morality or Weak Law-

Starke has expressed the view that IL is a weak law.

Holland has remarked IL is the vanishing point of jurisprudence, because its followed by courtesy and hence it could not be kept in the category of law.

Some jurisprudents opine that the IL is only the bundle of moral principles and the states are not bound to follow them strictly, and IL is a mere positive morality.

Austin- IL is not a true law, but a code of rules of conduct of moral force only.

HLA Hart– also consider that IL is a mere morality, because there is no element exist which law requires like

  • It has not binding force on states.
  • It is not back by the Sanctions.

IL is a weak law

Strong Law

No superior political authority.

The development of international organization proved to be the legal organ of IL for example UN organ help to focus attention upon the need for mutual observance of the rules.

No legislation machinery

The constitution instruments of the international organization represent an advanced stage of the development of international law. It has introduced a quasi-legislative element in the law making process at the expense of contractual element, facilitating a quicker response to the problems of international social order.

Lack of sanctions.

It has the sanctions power- Common law of England is the true example of it. The constitution of united state of America provides sanction to international law, as it part of their law. Further the charter of United Nations proclaims sanctions behind it.

Lack of enforcement power or effective executive authority

For example Art 21 of the constitution of WHO bind its member states to undertake the obligation to take action relative to the acceptance of the conventions.

Lack of judiciary mechanism.

International Court of Justice. And under the Art 59 of ICJ its decisions are binding upon the parties to a disputes.

Importance of International law-

International law in one shape or another has existed in almost all climes and ages. It is true that conception of a family or one world was foreign to the ancient world, but nevertheless nations came into contact with one another and as a result of the contact there sprang up international trade, rules regarding the declaration and conduct of war, treaties and diplomatic privileges..

To grow economically, politically, and technologically state has to interact with each other.

Traditional IL and new IL- the independence of the nations is one of the corner stones of the new law of nations. The traditional IL was envisaged as a law governing the relations of sovereign states with each other. And the new international law not only the states but also considering the international organization, and to some extant the individual have the rights and duties towards IL. The development of league of nations was a great landmark for this new development which culminated in the establishment of the united nations.

Ancient Interne national law.

The history of international law can be seen in ancient history as well, in Ramayana, Mahabharat, and Bhagwat geet . the rule of governing war, peace and neutrality based on Dharma. They attached the due importance to the inviolability of a duta or ambassador.

The elaborated form of International law the government and foreign affairs  can be seen in Kautilya Arthashatra and Nitishatra of Kamandka,

Oppenheim- Observes that Greeks left to history the example that independent sovereign State can live in a community which provides a law for  the national relations of the member States provided that there exist some common interest and aims which bind these state together.

Romans- also advocated the importance of international law.

Crisis/ Challenge in IL.

Rapid scientific and technological progress.- this brought the crisis in IL, this crisis is nothing more than a tension between the needs of stability and the demand of change. The new demands of the new countries did not mean total rejection of traditional legal system but merely readjustment of the old law to the new conditions.

In times of rapid political economic, and technological changes, the development of law both within and among states tends to lag behind, its content becomes unstable and uncertain, and its effectiveness is minimized.

The braking of Soviet Union- crisis of world power.

Nuclear war.

Environment degradation.

Terrorism

Suggestion for improving IL-

  • ICJ should be compulsory jurisdiction.
  • International criminal court should be established.
  • IL should be codified.
  • Enforcement machinery should be strengthened.
  • International bureau of investigation and prosecution should be established.
  • UN charter should be amended and it authorized to intervene in domestic jurisdiction.

Conclusion- it is the body of rules which regulates the conduct and relations of the members of international community. The contention that state alone are subject of international law is not only inconsistent with the changing character of international law but has become completely obsolete and inadequate. And it is not static but like a all living law. We can not ignored the importance of IL, by saying that it is a weak law, because municipal law operates in centralized manner and IL operates in decentralized manner.

How has immigration laws changed since 9/11?

The impact of the terrorist attacks on September 11, 2001 dramatically affected the economic, sociologic, and national defensive landscape of our country.  Almost nine years later, the effects are still prevalent, especially in the area of immigration.

http://shusterman.com/images/declaration-of-independence-with-gavel.jpgThe US war on terrorism was initiated due to 9/11 to discover and end terrorist plots, terrorist financing, and illegal immigrants.  Federal agencies were determined to dramatically improve the security and safety of our citizens.  The USA Patriot Act was quickly employed soon after 9/11 to rapidly enforce and tighten security efforts in the areas of technology, finance, immigration, and law enforcement.

The events of 9/11 had a severe effect on how immigrants were accepted in the US.  Incidences of racial profiling, discrimination, ethnic harassment, and hate crime cases rose considerably across the nation.

Immigration Laws since 9/11

A major change in US immigration law post September 11th was the authority given to the new constructed Department of Homeland Security and Office of Citizenship and Immigration Service.  Previously, the US Immigration and Naturalization Service (INS) was the federal agency which monitored immigration matters.

Another major change included requiring federal, state, and local law enforcement agencies to use strict criteria in locating and deporting illegal immigrants.

Recently, President Obama is attempting to overhaul US immigration regulations and seeks to grant legal status to approximately twelve million illegal immigrants.  If the plan succeeds, illegal immigrants who hope to become citizens would have to register, pass a criminal background check, understand and English, and pay any taxes or fines they have outstanding.

Finding the Best Immigration Lawyer in Ohio

There are many reasons why someone would be looking to hire an immigration lawyer in Ohio. Student visas, H-1B work visas, marriage green cards, citizenship and deportation are all situations where a person would look for an immigration lawyer. To find the best professional for the job, though, there are many qualifications a person would need to see in the legal counsel that they choose.

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To find the best immigration lawyer for your case in Ohio, an individual will want to find a lawyer that has a proven success record. Check out websites and talk to friends to see if anyone you know has had success with a particular law firm. Next, look for a lawyer that works with a team of experts. That way more people are working on your behalf. Also a team of experts will be more equipped to handle a number of cases at once and your case won’t get lost in the shuffle.

You may want a lawyer that speaks a foreign language and understands cultural differences. This type of lawyer will be more sympathetic to family bonds and traditions. Above all, the legal counsel you choose should know the law and have been practicing immigration law for many years. In particular you want an experienced immigration lawyer because they will have current knowledge on laws and issues that have recently changed. Finally, try to find a lawyer that has a passion for immigrants and immigration issues and how they affect everyday life in the American society. Obviously you’ll want to find a lawyer that you can afford. Find an immigration lawyer that is up front with you about the costs both now and in the long term. This might be a time when spending a little more money now can save you a whole lot of time and money down the road.

The last thing to remember is that immigration takes time. Your lawyer will need time to assess your case and come up with a plan to help you. Also, immigration law is always changing and is not always clear and understandable. Finding a lawyer and waiting out the time it takes to go through the immigration process is not something that happens overnight. The best immigration lawyer will be with you every step of the way. The lawyer will be open and honest about the law, the time, and his/her ability to help your case.

If, for whatever reason, you are looking for immigration lawyers in Ohio there are many factors to take into consideration. The lawyer should be well educated in immigration law, experienced, reputable and willing to represent you through the long term. Your legal counsel should be honest about the fees. Don’t be in a hurry and mistakenly hire the wrong person for the job. Get the right immigration lawyer the first time and before you know it, you’ll be carrying legal US citizenship.

Importance of Hiring the Best and Most Professional Business Lawyers

People running a business whether small or large always require professional help in case of problems associated with a business on a day to day basis. Most matters relating to litigation are solved by the most professional lawyers on a regular basis. Litigations in matters associated with real estate property might arise from time to time in the corporate world and need professional assistance. In many instances matters relating to settling long pending cases relating to staff issues also require professional help. Many times hitches or hindrances might arise for a business and require it to go for a legal advice to reach out at the most amicable solutions. Business Lawyers in Miami through their most professional approach have assisted businessmen in arriving at the best solutions whenever the need arises. Solving most of the pending court cases well in time by bringing disputing business parties to a reconciliation table has increased demand for such lawyers. For big corporate houses a professional lawyer helps in solving problems between labor commissions and management. Any kind of guidance relating to project expansion or setting up new projects in new areas always requires guidance from Miami lawyers. Also in order to be well aware about various government notifications for businesses and their legal angle a lawyer needs to be hired.

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Florida Business Lawyers work round the clock for assisting some of the big corporate business houses in solving matters relating to business development and growth. Most of the times while running a business some litigation might arise on account of some business rival interference. All this is solved professionally by a business lawyer. These lawyers also assist upcoming businesses in studying business laws and their pros and cons. In cases where approvals from government are required by a business house theses business lawyers assist in bridging the gap. All matters relating to problems and issues arising in business on account of pending bill clearances for delivered goods and services require theregular business lawyer assistance. These lawyers can even fight long drawn litigations for securing interests of their client businesses. Wills and licensing matters of a business might in one way or the other require professional lawyer help. So in a way business lawyers have come up as a great help for any upcoming business through their important guidance and legal support.

Business lawyers have played an important and decisive role in solving long pending land and other property related legal disputes between many business houses. Thus the support and guidance of these business lawyers help a business run smoothly.

Importance of Lawyers and Law Firms in today’s World

Whenever we think about a lawyer, the first thing that comes to our mind is a courtroom with a handcuffed criminal and a person in black coat arguing for him, or, that of an old man following a lawyer with the documents of his ancestral properties. Because in old days the lawyer’s profession was associated with criminal cases and some civil suites mainly related to ancestral properties. But, as a new business culture developed by the arrival of multinational companies and the new style of business introduced by many Indian corporate houses, the importance of lawyers has increased in the society. top law firms have started concentrating more on legal matters related to the corporate affairs. A new generation of corporate law firms has started to get established. They are not just dealing with the cases, but also help the corporate in drafting various agreements, getting registrations etc too. Almost all corporate houses have various such commercial law firms in their list and they are maintaining a contract with these firms. This contract will enable them to get their service at any point of time and in turn it will benefit the lawyers to have a regular job. Some companies have appointed lawyers exclusively for taking care of their legal needs. Such lawyers are in the payroll of the company as permanent employees and enjoying a good remuneration.

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Along with the changes happened in all sectors, the law firms in india too undergone a lot of changes. The green paper files tagged with red tags, clerks who sit in front of the typewriting machine etc have become extinct. The new generation Lawyers are taking the help of the modern technologies to make their job easier. More and more lawyers turned to specializations such as company law, commercial procedures, and international trade processes etc. These are the area where there is a great demand for lawyers. Their duty is not to argue in any courts, but to supervise the legal matters of the company in various areas. The stage has come where the help of a lawyer is necessary for doing business in India. As the demand for lawyers increased top law firms started wooing brilliant young lawyers into their fold. It has changed the old concept of junior lawyers who used to follow the senior with the bundles of files and will not do anything independently. This is another change happened in the law firms of India.

Nowadays the corporate law firms are changed their style to match with the international style as more and more multinational companies have started appointing these types of commercial law firms as their lawyers. Law services are highly in demand not only corporate sectors but in our general life also. Law firms offers all legal services, dispute resolution, litigation, merger acquisition, ipr legal practice, public private partnership and all law legal services. This trend will continue for a long time as any big corporate house need the help of lawyers for doing business in India in the prevailing situation.

Significance of Hiring a criminal lawyer in Canada

Criminal lawyers assist those, who have been charged under the acts of criminal law. Criminal law is the branch of law that prescribes rules and regulations, which help policing the activities which are illegal or crime. The sole purpose of implementing criminal law in Canada is to control the goings-on that are a threat to the society, and the safety and security of the general public. Not just in Canada, but in every boundary on the globe has its own of law for regulating criminal activities. The law prohibits activities that are a threat to the society, and if one violates it, the law recommends some punishment for one, depending on the seriousness of the crime.

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There are times when you can be blamed for committing some crime, because of which, your individual reputation and social acceptance can come in jeopardy. There are broad degrees of crime, which one can be blamed for. To prove those charges wrong, you will need a dexterous criminal lawyer in your city.

Nowadays, you can get law consultation from two sources: from lawyers and from a group of lawyers, which actually is a law firm. Law firms typically will have a many lawyers, who hold specialization in their respective fields. Taking services from a firm of criminal lawyers in Canada will be more beneficial in comparison to hiring an independent attorney.

Why hire lawyers?

Though, the law abides fair justice for everyone, and there are provisions, that if you do not have sufficient resources to hire a lawyer for your defense, you will be provided with a government or court appointed lawyer who will represent you before the court, during the proceedings and hearings. You will not be required to pay anything for this assistance. Since they are not being paid, there stand chances that they do not work on your case with dedication and interest.

Astute support – When you have been accused for having an association in some criminal activity, you will need the right support, from an advocate who will present your side of the story before the court.

Deny the charges of opposition confidently – When you are standing before the judge, or the cops are investigating the case, you might not feel confident in denying those charges and reverting to their harsh questions. By consulting an attorney (say, sex assault lawyer, if you are being charged for sex assault), you will be able to answer more with more confidence.

Helping you get compensation – Hiring an attorney will ascertain that the opposition party that pointed finger on you, pays for their deeds. With the help of your advisor, you can ask for compensation from them for spoiling your social reputation.

The author is experienced writer and has published many articles on law. Here he is writing about the Sex Assault Lawyer and Criminal Lawyer Canada.

Why do you require an online law firm in Singapore?

The necessity of a law firm is found in every corner of the world. No matter a business is accomplished at a small level or big, the significance of the law firm is felt each second. Almost every task in public and private sector firm needs the approval of the government. The main job of the legal firm lawyers is to work upon the legalities of the business so that the client should remain tension free and work according to the rules and regulations. While corporate lawyers are working for the business purposes, on the other hand, criminal law specialist works towards the trails and final judgments for the criminal procedures.

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Nowadays, the life has become so hectic yet systematic, that a person could not think about searching a commodity in the market investing hours to it. Due to the quick approach and instant accessibility of the online sources, international law firms in Singapore are operating its consultation features online. Those who are in need of a criminal attorney in Singapore can visit the web portal of the reputed, licensed and registered law firm anytime.

However, law firms Singaporeallow its clients to take the advantage of the no obligation free consultation through their official website. The consultation about the case and what all will be required to win over is explained by the efficient lawyer only for the criminal or divorce cases. However, the well trained and experienced law firm owners excel in the different crime cases which are as follows-

  • White collar crimes– The crimes in which a person is innocent, but he is charged by the opponent. Crimes done in the corporate sector, computer, corruption, cheating and fraud are known as the white collar crime.
  • Blue collar crimes– Murders, rape, assault cases, drugs cases, robbery, traffic offenses, vandalism and other crimes in which the person have actually done the wrong deed but willing to win the case.

Thus, for the criminal lawyers Singapore it is not necessary to meander in the city at all. The consultation process executed at the website of the law firm gives an opportunity to the client to understand the case deeply and winning chances as well. A brief case study is prepared after the analysis of the crime. Even the same goes in the divorce cases that lawyer hear what the client has to say, what are its negotiable demands how to achieve success for sure. Therefore, hire the best licensed law firm in Singapore today and win the impossible battle as early as possible.

5 Musts When Looking for a Business Lawyer

Selecting a business lawyer is critically important to your entrepreneurial endeavors. Why do some franchisees in the making skimp on researching and comparing attorneys or make rash decisions based on a Google search? It’s simple: It seems like trying to pinpoint the best business lawyer is too difficult. How can you tell a great franchise attorney from a mediocre one? Shopping in the legal world, which is steeped with jargon, may not seem like as fun as shopping for your ideal customized running shoes or new car online. However, this is one decision that will impact everything about your future, so choose wisely.

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Fortunately, there’s a list of must-haves for those on the hunt for the ideal business lawyer. It’s your checklist to pave the way to a lasting and healthy professional relationship. You didn’t jump into the world of franchising willy-nilly. Instead, you (hopefully!) carefully researched opportunities, weighed your goals and background, and narrowed down your choices based on data. Do the same when choosing a business lawyer. Here are a few things this professional should have:

1. Experience in the industry: This means experience not just in franchise law (which is a given), but also in the industry you’re entering as a franchisee. Depending on the size and popularity of the franchise, it may or may not be possible to find a suitable attorney who’s worked with this particular franchise before. However, you at least deserve an attorney who’s in the same realm. For example, maybe they’re highly experienced in fast food franchising and you’re going to be the newest owner of a McDonald’s.

2. They list franchise law as a specialty: Business law is a vast realm that encompasses many areas — franchising might not be every business lawyer’s specialty. You can always ask them, but a better clue is to look at their posted list of niches (or, better yet, find an attorney who uses franchise in his or her firm’s name).

3. Expertise in your state: You wouldn’t hire a lawyer from California when you’re opening a franchise shop in Utah. Your attorney should be familiar with state laws and ideally have an established presence in the state where you’re setting up shop. Different states may have different franchise laws and regulations. You don’t want an attorney who’s still learning the ropes to lead you on this journey.

 

4. Accessibility: Is it easy to set up an appointment with the attorneys, and are they willing to work around your schedule? Do they have an emergency number just in case things go awry in the middle of the night? Are they convenient to access, and do they offer counseling by whatever means works for you (Facetime? In person?). These are consideration you don’t think about until you have an emergency.

5. Transparent communication: The legal world is confusing, and it’s a lawyer’s job to translate jargon for clients. If you leave an initial consultation (which should be free) with a lot of questions, that’s a sign that this attorney isn’t a good match for you. You’re a franchisee and business person, not an attorney. Make sure everyone, including your lawyer, is doing their jobs.

Finding the perfect attorney for you is possible, but may take some time. Check online reviews and the Better Business Bureau (BBB) for any complaints, and ask friends and family for recommendations.

Immigration Lawyer In Toronto, ON

Buzaker Law Firm strives to provide high quality legal services with integrity, professionalism, and respect for our clients and the community. Our firm focuses on ethics while solving and negotiating any situation with significant knowledge and skills gained through years of practicing law in Toronto, Ontario and Israel. With our rich experience and skills in management and decision-making, Our top lawyers in Toronto ON can help you with your case. In addition, being fluent in English, French, Hebrew, and Russian allows us to legally council a wide variety of individuals.

IMMIGRATION LAWYERS TORONTO : BUZAKER LAW FIRM

If you are in need of assistance or information regarding your immigration situation, Buzaker Law Firm takes pride in providing legal services which are tailored specifically to each individual client. Our immigration lawyer in Toronto ON are experienced in the processing of applications for various governmental immigration programs, all while being able to explain the complexities involved with immigration to Canada.

Buzaker Law Firm have helped a diverse range of foreign clients, including both individual and corporate clients, with a variety of immigration services.

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We understand that immigrating, particularly here in Canada, can be a difficult and very lengthy process. Buzaker Law Firm can provide you with assistance throughout the entire immigration and application process, whether it be for temporary residency, a work permit or student visa, various programs for permanent residency, or several other specialized immigration paths and programs.

Our immigration law firm toronto offers the following services to assist you with any and all of your immigration needs:

Permanent residency applications through the Express Entry system, under the Federal Skilled Worker Program, the Federal Skilled Trades Program, the Canadian Experience Class Program, as well as candidates for the Provincial Nominee Program.

Applications for work permits and extensions, including temporary foreign workers, business people and caregivers, as well as Labour Market Impact Assessments;

Applications for student visas, including renewals, and applications for work permits both during and after studies as needed.

Sponsorship and Super Visa applications for family members.

Applications for Humanitarian and Compassionate considerations.

Applications for refugee status.

Appeals (including permanent residency and sponsorship’s, etc.)

Buzaker Law Firm prides itself on client satisfaction and has negotiated custom service packages for clients with unique needs and concerns.

Contact our firm today if you would like further information as to how Buzaker Law can assist you with your immigration project. It will be our pleasure to discuss your situation and work together to find the most suitable solution for your individual needs.

Types of Criminal Law Crimes

In criminal law, there are three major categories that crimes may fall under: felonies, misdemeanors, and infractions. Though the crimes and punishments that fall into each category may vary by state, it’s important to understand what each category entails and what it could mean for you or a loved one.

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Felonies

Felonies are the most serious types of crimes that a person can be charged with, resulting in more serious punishments and longer jail time. Crimes that fall into this category can include murder, robbery, DUI, and domestic violence, among other offenses. If you are charged with a felony, the specific line of punishment you receive depends largely on your specific case. Felonies are typically divided according to whether people or property is threatened, and most states classify felonies as crimes that carry with them a minimum jail time sentence of more than one year. In some jurisdictions, a felony may be punishable by loss of voting rights; exclusion from purchase/possession of firearms, ammunition, and body armor; ineligibility to run for public office or serve on a jury; and, for severe crimes like murder, a guilty felon may receive the death sentence.

Misdemeanor

Misdemeanors are less serious than felonies, carrying with them less severe punishments and oftentimes including a fine. Jail time typically is under a year, though cases can also be resolved with probation, community service, or treatment programs, depending on the crime and ruling. Similar to felonies, misdemeanors are divided depending on whether persons or property is threatened. Crimes against persons include assault, disorderly conduct, DUI, indecent exposure, and prostitution, among other crimes. Misdemeanors against property include theft, trespass, and vandalism. If you are charged with a misdemeanor, chances are high that you will retain most of your rights, including the ability to serve on a jury and vote.

 Infraction

An infraction is the least serious offense of the three categories. There is no jail time associated with an infraction; instead, punishment usually includes fines and, in some cases, points against your driving record. Types of this offense include jaywalking, speeding tickets, not wearing a seat belt, littering, and disturbing the peace. Infractions are also known as traffic misdemeanors and can be added to your driving record. You are issued a ticket with an infraction that details your rights as the accused and how to pay for your ticket, which you can either pay or dispute. If you do not perform any action by the ticket’s deadline, however, a default judgment can be ruled and your driving record may suffer. The best thing to do is to deal with them promptly.

Canadian Criminal Law Amendments Act – How Justified is It Actually?

The Criminal Law Amendment Act, 1968-69 was introduced as Bill C-150 by then Minister of Justice Pierre Trudeau in the second session of the 27th Canadian Parliament on December 21, 1967. It passed third reading in the House of Commons after heated debates by a vote of 149 (119 Liberals, 18 New Democrats, 12 Progressive Conservatives) to 55 (43 Progressive Conservatives, 11 Créditistes, 1 Liberal) on May 14, 1969. It introduced major changes to the Criminal Code of Canada and it was literally a cornerstone of modern Canadian law. The bill decriminalized homosexuality, allowed abortion and contraception, and regulated lotteries, gun possession, drinking and driving offences, harassing phone calls, misleading advertising and cruelty to animals. This year it will be the 40th anniversary of the bill’s passage.

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Homosexuality was one of the biggest problems of the Bill-150. This change was influenced in the late 1960s by the British Parliament’s adoption of the Sexual Offences Act 1967, which decriminalized homosexual acts in England and Wales. Naturally Canada wanted to follow this democratic decision. The biggest opposition was from the religious people, the Catholic Créditistes of Quebec held up debate for three weeks supported by the far-right Edmund Burke Society and the Fellowship of Evangelical Baptist Churches in Canada. Still at the end homosexuality was legalized with age of consent at 21; although it was later lowered to 18.

Contraception and therapeutic abortion under certain conditions were legalized by the bill. This was a step away form the influence of the Catholic Church’s moral positions on these issues, basically one more separation of the Church and State. Bill C-150 made it legal for women to get an abortion if a committee of three doctors felt the pregnancy endangered the mental, emotional or physical well-being of the mother. These changes were very important and became a stepping stone for many other freedoms and options that have altered women’s place in Canadian society. In 1988 the R. v. Morgentaler ruling, left Canada without any laws regulating abortion.

A number of minor but important changes were made to gambling, gun control and driving under the influence. Before the bill small scale gambling on behalf of charities was permitted, but only Bill C-150 gave the provincial and federal governments the opportunity to use lotteries to fund worthwhile activities, the best example were the 1976 Montreal Olympics. For the first time the bill made it illegal to provide firearms to persons of “unsound mind” or criminals under prohibition orders. The term “firearm” was also expanded; non-restricted, restricted, and prohibited firearm categories were also introduced. Bill C-150 made it a “per se” offence to drive with a blood alcohol content (BAC) in excess of 80 mg/100 ml of blood. The refusal of a police officer’s demand to provide a breath sample was made an offence too. These are the basic rules against drunk driving now.

The Criminal Law Amendment Act 1968-69 basically changed almost all the complicated and important spheres (except for maybe immigration) and solved many ethical problems, creating laws suitable for modern society.

Hire Costa Rica business lawyer

No matter what is the scale of operation, every legal business needs a business lawyer. These lawyers are specialized in dealing with legal aspects of a business. In Costa Rica, Business lawyers work either independently or in a law firm. Whether you contact an independent attorney or a law firm, for your business related matters, this piece of information is going to assist you in hiring the right person.

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A business lawyer can advice you in following matters:

•    Formation of company

•    Power of attorney

•    Trademarks and copyrights

•    Lease and rent contracts

•    Mortgages and loans

•    Workers’  benefits and legal rights

•    Import and export etc.

Hire today

Most small businesses are conservative towards hiring a business attorney and paying his fees until problems arise. But this is a big mistake. Having a business lawyer by your side can save you from getting into legal problems and save unnecessary expenses.

Big vs. small law firms

This is a difficult choice to make while hiring an attorney. Big law firms generally have the advantage of specialization but they usually charge more than small firms. To some extent, the choice depends on the type of your business. If your business is fast growing and would need funds in near future, it is better to go for big law firms with well known attorneys in investment banking and venture capital community of Costa Rica.

Choice of lawyer

This is the era of specialization. A lawyer, who understands domestic laws well, is not fit for business purposes. To support your business properly, you need somebody who specializes in
Contracts – In the course of your business, you have to make several contracts with your customers, suppliers etc. and also have to sign lot of them. A business law year should assist you in that.

Business structure – A good business lawyer should guide you in choosing the right form of your business like corporation or private limited etc.

Tax and license – Besides accountants, your business lawyer has a key role to play in tax related matters like getting tax ID, handling of legal procedures in case of non – or late submission of taxes etc.

Criteria of choice

Before hiring a business lawyer in Costa Rica, you must make sure that

•    He has sufficient experience.

•    He negotiates fees.

•    He can handle multiple business related legal matters.

•    He has worked previously in similar business or industry.

•    He is willing to explain legal matters to you and your employees.

Where to search?

A definite place to find a business attorney is the Costa Rica bar association. In Bar Association’s website, you will find portfolio’s of lawyers dealing specially business matters.

Besides, there are some law firms which are waiting to assist you. The law firms usually hire lawyers with different specializations like family law, business law, professional law, immigration law etc. Just go to their website and state your issue, they will respond and select a suitable business lawyer for you.

Corporate Governance

Corporate governance is the set of processes, customs, policies, laws and institutions affecting the way a corporation is directed, administered or controlled. Corporate governance also includes the relationships among the many stakeholders involved and the goals for which the corporation is governed. The principal stakeholders are the shareholders, management and the board of directors. Other stakeholders include employees, suppliers, customers, banks and other lenders, regulators, the environment and the community at large.

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Corporate governance is a multi-faceted subject.[1] An important theme of corporate governance is to ensure the accountability of certain individuals in an organization through mechanisms that try to reduce or eliminate the principal-agent problem. A related but separate thread of discussions focus on the impact of a corporate governance system in economic efficiency, with a strong emphasis on shareholders welfare. There are yet other aspects to the corporate governance subject, such as the stakeholder view and the corporate governance models around the world (see section 9 below).

There has been renewed interest in the corporate governance practices of modern corporations since 2001, particularly due to the high-profile collapses of a number of large U.S. firms such as Enron Corporation and Worldcom. In 2002, the US federal government passed the Sarbanes-Oxley Act, intending to restore public confidence in corporate governance.

In A Board Culture of Corporate Governance business author Gabrielle O’Donovan defines corporate governance as ‘an internal system encompassing policies, processes and people, which serves the needs of shareholders and other stakeholders, by directing and controlling management activities with good business savvy, objectivity and integrity. Sound corporate governance is reliant on external marketplace commitment and legislation, plus a healthy board culture which safeguards policies and processes’.

O’Donovan goes on to say that ‘the perceived quality of a company’s corporate governance can influence its share price as well as the cost of raising capital. Quality is determined by the financial markets, legislation and other external market forces plus the international organisational environment; how policies and processes are implemented and how people are led. External forces are, to a large extent, outside the circle of control of any board. The internal environment is quite a different matter, and offers companies the opportunity to differentiate from competitors through their board culture. To date, too much of corporate governance debate has centred on legislative policy, to deter fraudulent activities and transparency policy which misleads executives to treat the symptoms and not the cause.'[2]

It is a system of structuring, operating and controlling a company with a view to achieve long term strategic goals to satisfy shareholders, creditors, employees, customers and suppliers, and complying with the legal and regulatory requirements, apart from meeting environmental and local community needs.

Report of SEBI committee (India) on Corporate Governance defines corporate governance as the acceptance by management of the inalienable rights of shareholders as the true owners of the corporation and of their own role as trustees on behalf of the shareholders. It is about commitment to values, about ethical business conduct and about making a distinction between personal & corporate funds in the management of a company.” The definition is drawn from the Gandhian principle of trusteeship and the Directive Principles of the Indian Constitution. Corporate Governance is viewed as ethics and a moral duty.

Impact of Corporate Governance

The positive effect of good corporate governance on different stakeholders ultimately is a strengthened economy, and hence good corporate governance is a tool for socio-economic development.[4] After East Asian economies collapsed in the late 20th century, the World Bank’s president warned those countries, that for sustainable development, corporate governance has to be good. Economic health of a nation depends substantially on how sound and ethical businesses are.

Parties to corporate governance

Parties involved in corporate governance include the regulatory body (e.g. the Chief Executive Officer, the board of directors, management and shareholders). Other stakeholders who take part include suppliers, employees, creditors, customers and the community at large.

In corporations, the shareholder delegates decision rights to the manager to act in the principal’s best interests. This separation of ownership from control implies a loss of effective control by shareholders over managerial decisions. Partly as a result of this separation between the two parties, a system of corporate governance controls is implemented to assist in aligning the incentives of managers with those of shareholders. With the significant increase in equity holdings of investors, there has been an opportunity for a reversal of the separation of ownership and control problems because ownership is not so diffuse.

A board of directors often plays a key role in corporate governance. It is their responsibility to endorse the organisation’s strategy, develop directional policy, appoint, supervise and remunerate senior executives and to ensure accountability of the organisation to its owners and authorities.

The Company Secretary, known as a Corporate Secretary in the US and often referred to as a Chartered Secretary if qualified by the Institute of Chartered Secretaries and Administrators (ICSA), is a high ranking professional who is trained to uphold the highest standards of corporate governance, effective operations, compliance and administration.

All parties to corporate governance have an interest, whether direct or indirect, in the effective performance of the organisation. Directors, workers and management receive salaries, benefits and reputation, while shareholders receive capital return. Customers receive goods and services; suppliers receive compensation for their goods or services. In return these individuals provide value in the form of natural, human, social and other forms of capital.

A key factor in an individual’s decision to participate in an organisation e.g. through providing financial capital and trust that they will receive a fair share of the organisational returns. If some parties are receiving more than their fair return then participants may choose to not continue participating leading to organizational collapse.

Internal corporate governance controls

Internal corporate governance controls monitor activities and then take corrective action to accomplish organisational goals. Examples include:

Monitoring by the board of directors: The board of directors, with its legal authority to hire, fire and compensate top management, safeguards invested capital. Regular board meetings allow potential problems to be identified, discussed and avoided. Whilst non-executive directors are thought to be more independent, they may not always result in more effective corporate governance and may not increase performance.[5] Different board structures are optimal for different firms. Moreover, the ability of the board to monitor the firm’s executives is a function of its access to information. Executive directors possess superior knowledge of the decision-making process and therefore evaluate top management on the basis of the quality of its decisions that lead to financial performance outcomes, ex ante. It could be argued, therefore, that executive directors look beyond the financial criteria.

Remuneration: Performance-based remuneration is designed to relate some proportion of salary to individual performance. It may be in the form of cash or non-cash payments such as shares and share options, superannuation or other benefits. Such incentive schemes, however, are reactive in the sense that they provide no mechanism for preventing mistakes or opportunistic behaviour, and can elicit myopic behaviour.

External corporate governance controls

External corporate governance controls encompass the controls external stakeholders exercise over the organisation. Examples include:

demand for and assessment of performance information (especially financial statements)

debt covenants

government regulations

media pressure

takeovers

competition

managerial labour market

telephone tapping

Codes and guidelines

Corporate governance principles and codes have been developed in different countries and issued from stock exchanges, corporations, institutional investors, or associations (institutes) of directors and managers with the support of governments and international organizations. As a rule, compliance with these governance recommendations is not mandated by law, although the codes linked to stock exchange listing requirements may have a coercive effect.

For example, companies quoted on the London and Toronto Stock Exchanges formally need not follow the recommendations of their respective national codes. However, they must disclose whether they follow the recommendations in those documents and, where not, they should provide explanations concerning divergent practices. Such disclosure requirements exert a significant pressure on listed companies for compliance.

In the United States, companies are primarily regulated by the state in which they incorporate though they are also regulated by the federal government and, if they are public, by their stock exchange. The highest number of companies are incorporated in Delaware, including more than half of the Fortune 500. This is due to Delaware’s generally business-friendly corporate legal environment and the existence of a state court dedicated solely to business issues (Delaware Court of Chancery).

Most states’ corporate law generally follow the American Bar Association’s Model Business Corporation Act. While Delaware does not follow the Act, it still considers its provisions and several prominent Delaware justices, including former Delaware Supreme Court Chief Justice E. Norman Veasey, participate on ABA committees.

Short Notes for Law Students taking Public International Law

LAW OF TREATIES

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Art. 38(1) (a) ICJ Statute: In deciding disputes regarding international law, the court shall refer to international covenants [treaties]…

Definition of treaty

Refer Art. 2 of VCLT

ELEMENTS TO MAKE A VALID TREATY (ART 2 OF VCLT):

1) Treaty must have international character

The treaty is to be concluded by an international legal person who has capacity to enter into treaty.

Who is an international legal person who can conclude treaties?

a)      States (Art 6 VCLT), which includes Head of States, Head of Gov, and Minister of Foreign Affairs (refer to Art 7 VCLT)

b)      International organization (in Anglo-Iranian Oil Company case, ICJ held that contract between the company and Iranian government was not a treaty because there is no privity of contract.

2) In written form

Oral form of agreement is also acceptable (Eastern Greenland case)

3) Governed by international law

International law governs all treaties whether or not they are within the scope of VCLT

4) Embodied in single or 2 instruments

Treaties may be several forms:

a)      Conventions

b)      Agreements

c)       Protocols

d)      Charter

e)      Exchange of notes

There are less formal agreements such as exchange of notes (letters). States may send letters to each other and agree on certain things. If the letters intended to be a treaty, it is customary to expressly state that it shall constitute an agreement between our Governments.

In the case of Qatar and Bahrain, exchange of notes that was done by parties conferred jurisdiction to ICJ to hear the dispute.

5) There is an intention to create legal relation

This element is not expressly mentioned in Art 2 VCLT. But, it is very important because without intention, an instrument will not be a treaty.

What are the effects of Unilateral Statements (only 1 party enter into treaty)?

If the state made such declaration with intention to be bound, a state may be bound by such unilateral statement.

In Legal Status of Eastern Greenland case, Norway made unilateral statement that it won’t create difficulties in respect of Danish’s claim over Eastern Greenland. ICJ held that Norway is bound by this unilateral statement.

This was confirmed again by ICJ in Nuclear Test cases.

Once the text is adopted, THE NEGOTIATING PARTIES MUST GIVE CONSENT TO BE BOUND BY A TREATY

The methods of giving consent are provided under Art 11 – 16 VCLT

WHAT IF A STATE MAKES RESERVATION TO ONE OF TERMS IN THE TREATY?

Refer to Art 19 – 23 VCLT.

If the Treaty allows reservation, then can reserve. But, if do not allow, cannot.

Art 120 Rome Statute: No reservation may be made to the statute of ICC.

What if there are no provisions stating about reservation in that Treaty? Are states not allowed to make reservation?

ICJ in the case of Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide answered this question. If there are no provisions stating about reservation, it does not automatically mean that you cannot reserve. But, you need to look at the purpose of the Treaty. Your reservation cannot defeat the purpose and object of the Treaty, otherwise, you are not a party to the Treaty.

ENTRY INTO FORCE

A treaty does not enter into force until certain number of States ratified it. For example, Art 308 of UNCLOS provides:

“This convention shall enter into force 12 months after the date of deposit of the 16th ratification

REGISTRATION AND PUBLICATION OF TREATY

Every treaty needs to be registered with UN, ~refer to Art 102 UN Charter & Art 80 VCLT

APPLICATION OF A TREATY

A) Upon its Parties

Art 26 VCLT: every treaty in force is binding upon its parties and must be performed in good faith

Art 27 VCLT: a party may not invoke the provision of internal law as justification for its failure to perform a treaty

B) Successive Treaties on the same subject matter

Art 30 VLCT: If there are 2 same treaties concluded on the same matter, the one concluded later will prevail.

However, if the provision of an ordinary treaty is in conflict with UN Charter, Art 30 VCLT & Art 103 UN Charter provides that UN Charter prevails.

C) Application of a Treaty upon 3rd States

Art 34 VCLT: 3rd party states are not bound by the Treaty without its consent.

However, Art 35-38 VCLT states that there are exceptions where 3rd party states may be bound.

INVALIDATION OF TREATIES

There are several grounds which a Treaty may be invalid:

a) Violation of fundamental domestic law (Art 46 VCLT)

A state may invoke Art 46 if:

  1. the violated internal law was related to competence to conclude Treaty

(The person who ratified the Treaty was not capable of doing it.)

  1. the violation was manifest and other party must be aware of it
  2. the violation concerned a rule of fundamental importance

b) Error (Art 48 VCLT)

That State may have erred in entering the Treaty due to some misunderstanding. However, error does not make the Treaty automatically void. The mistaken party may invoke the error as invalidating its consent.

c) Fraud Art 49 VCLT

d)Corruption Art 50 VCLT

e)Coercion Art 51 VCLT

f) Coercion by threat or use of force Art 52

Art 2 (4) UN Charter provides use of force is prohibited. Force means ‘military force’.

g) Treaty conflicting with jus cogens, e.g.

  1. A treaty allowing an unlawful use of force
  2. A treaty which allow parties to commit crimes under International law
  3. A treaty which allows genocide, piracy or slavery

TERMINATION OF TREATY

~refer to Art 54-60 VCLT

A Treaty may be terminated automatically by 3 ways:

a) Art 61 VCLT –supervening impossibility of performance

b) Art 62 VCLT – there is a fundamental change of circumstances

c) Art 64 VCLT – emergence of a new jus cogens.

CONSEQUENCES OF INVALIDITY OR TERMINATION OF TREATY

Refer Art 69 – 71 VCLT

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STATE RESPONSIBILITY

A state may incur liability if it violate a rule of customary international law or ignore its obligation under a treaty.

However, to make a state responsible, Art 2 of Draft Articles (DA) put 2 requirements:

1) THE WRONGFUL CONDUCT IN QUESTION MUST BE ATTRIBUTABLE TO THE STATE

State cannot act on its own. State Organs shall represent the State in any matters.

Art 4 DA provides that the conduct of any state organ shall be considered an act of that state under international law whether the organ exercises legislative, executive or judiciary function. An organ includes any person or entity.

Conduct in Art 4 DA means action or omission. E.g.:

Diplomatic and Consular Staff case: Iran was responsible because of omission to act when it should have done so.

Corfu Channel case: Albanian was responsible because it should have known about presence of mines in its territorial waters and failed to inform the 3rd state about it.

a) Wrongful conduct of judiciary attributable to the state

Judicial organ can be the cause of state responsibility because of ‘denial of justice’.

Janes Claim case: Mexico failed to arrest and punish an offender which caused death to an American citizen. ICJ held that this is ‘a denial of justice’ and Mexico should be liable.

b) Wrongful conduct of the executive attributable to the state

e.g. conduct of police, army, gov officers

Massey claim case: a US citizen who was working in Mexico was killed. Mexican authority failed to punish the offender. Mexico is liable and should pay damages to US.

Does the state be responsible if wrongful conduct committed by its organ when off duty?

No. A state would only be attributable to such wrongful conduct when it is committed on duty. If committed off duty, it cannot be attributable to the State.

Mallen case: A consul has been attacked by American police officer 2 times. 1st attack was when he was off duty. 2nd attack he showed his badge to assert his official capacity. US was responsible for the 2nd attack.

A state may also be liable for de facto State organs i.e. public corporations or private company performing element of governmental authority

SEDCO case: there was a seizure of vehicle. The claimant argued that a state owned company took it. However, argument was rejected because there was no proof to show that government directed it to be seized.

Foremost Tehran Inc v Iran case: Iranian company did not pay dividends to shareholders. The conduct was attributable to Iran because it had been influenced by Government representatives on the board of directors.

Ultra vires conduct cannot be a defense to exclude state responsibility

Refer Art 7 DA

US v Mexico: Mexican soldiers ignored their orders and attacked on a house where Americans was seeking refuge. It was held Mexico liable.

Conduct of private persons may be attributable to State in 2 circumstances if [Art 8 DA]:

a) It was carried out on instructions of the State

b) It was under direction or control of State

However, what is the degree of control that State need to exercise over the persons?

2 views:

i) According to Nicaragua case, Stateneeds to exercise effective control. Control by State is effective when, for example:

  1. State finances the persons
  2. State coordinates the conduct of such persons
  3. State issued specific instruction to such persons

ii) According to Prosecutor v Tadic, State only need to exercise overall control. State does not necessarily need issue instructions concerning each specific action.

2) THE CONDUCT MUST CONSTITUTE A BREACH OF AN INTERNATIONAL LEGAL OBLIGATION

Art 12 DA: A State is in breach of its obligation when any act of the State does not conform to its obligation.

DEFENCES [Art 20-27 DA)

a)      Consent [Art 20 DA]

b)      self-defense [Art 21 DA]

c)       countermeasures [Art 22 DA]

d)      force majeure [Art 23 DA]

There must be unforeseen circumstances to perform the obligation.

Rainbow Warrior: New Zealand argued that French breached its obligation because French failed to seek consent of NZ before removing NZ’s soldiers from the island. French said that NZ soldiers were sick and need medical attention, so it was a force majeure. It was held that this situation does not suffice to amount to force majeure.

e)      Distress [Art 24 DA]

f)       Necessity [Art 25 DA]

NATIONALITY OF CLAIM

Every state has the right to protect its nationals. However, it is up to the state whether to take up the claim or not.

Nottebohm: a state’s right to extend diplomatic protection to its individual is not unlimited.

However, according to Art 1 of Hague Convention, there must be a genuine link between the State and the national.

Nottebohm case:

Mr. N was born in Germany & had German nationality until his naturalisation with Liechtenstein. Later he went to Guatemala and resided & conducts business there. L sued GU for unlawfully expelled and seized property of Mr N who had been neutralised by L. Court said that for the claim to succeed, a genuine link between L and Mr N must be proven.

Court said that for a genuine link to exist, there must be dominant nationality. Here, Mr. N’s link with L is not dominant.

EXHAUSTION OF LOCAL REMEDIES

Art 44 (b) DA: responsibility of a state cannot be invoked if local remedies still available.

This principle was confirmed in ELSI case and Interhandel Case.

However, there is no need to exhaust all local remedies in the following situations:

  1. The remedies are ineffective in municipal law
  2. Remedies in municipal law are futile
  3. There are already judicial precedents, which will be followed in your case & does not favour you
  4. There has been an unreasonable delay
  5. Local processes are biased against the individual
  6. The injury is to the state itself
  7. The local remedies requirement has been waived

__________________________________________________________________

LAW OF THE SEA

General treaty for law of the sea is UNCLOS.

The sea consists of several zones:

a) TERRITORIAL SEA

It is an area of the sea that is near to coast.

Art 2 UNCLOS: Coastal state can exercise sovereignty over its territorial sea.

Art 3: The limit of territorial sea extends up to 12 nautical miles measured from baselines.

What is baseline?

It refers to the starting place to calculate the breadth of territorial waters and other zones.

There are 2 types of baselines:

a) Normal baseline [Art 5]

b) Straight baseline [Art 7]

Does the coastal State have rights over its territorial sea?

Yes. This was agreed by Art 2 and Nicaragua case. The rights of coastal State include:

  1. Right to fish & exploit resources from seabed
  2. Right to enjoy air space above its territorial waters
  3. Right to transport goods and passengers
  4. Right to conduct marine research

Although coastal State have rights, it has to give right of innocent passage through its territorial sea.

Art 17: Ships of all states shall enjoy right of innocent passage.

Innocent passage means navigation through the territorial area for the purpose of proceeding to other internal waters.

Art 19: passage is not innocent if it causes prejudice to peace or security of coastal state.

When foreign ships pass territorial waters, it must abide by the coastal state’s municipal law. If municipal law is breached, it shall be tried under that municipal law.

PP v Narogne: Thai fishermen were on a vessel which was then at sea about 3 miles off the Malaysian coast. There were fishing equipment on board the vessel. They were arrested by Malaysian Naval Authority for breaching its national laws. It was held that the passage by fishermen was not innocent passage.

The coastal state has civil jurisdiction [Art 28] and criminal jurisdiction [Art 27] over ships in passage of its territorial waters.

However, warships, naval vessels and government operated for non-commercial purposes are immune from any interference from coastal state [Art 32]. If it causes damage to coastal state during its passage, the flag State (passer-by ship) shall bear international responsibility.

b) CONTIGUOUS ZONE

It is a sea zone which does not extend 24 nautical miles.

A coastal state may exercise the control over its contiguous zone. Refer Art 33

c) EXCLUSIVE ECONOMIC ZONE (EEZ)

It is the ocean area beyond territorial sea and out to 200 nautical miles. EEZ is also defined in Art 55.

The coastal state can exercise its rights over its EEZ. Such rights are laid down in Art 56, 60, 61 and 62.

[Art 73]: Coastal state may enforce jurisdiction over foreign ships including arresting and bringing them to national courts to ensure compliance with its national laws.

Rights and Duties of other states in the EEZ of a Coastal state are stated under Art 58, 88 – 115, 246 of UNCLOS

[Art 246]: Scientific research cannot be carried out by other states in a coastal State’s EEZ. That right is reserved for that coastal state.

d) CONTINENTAL SHELF

Refer to Art 76-85 UNCLOS

e) THE HIGH SEAS

Art 86 defines high seas as all parts of sea except internal waters, territorial sea and EEZ.

It is open to all States and free for enjoyment of all. Refer to Art 87-97 UNCLOS for rights of States in the high seas.

According to Lotus case, vessels on high seas are subject to no authority except that of the flag state.

The crime of piracy is prohibited and now recognized as international crime. Refer to Art 100-110 UNCLOS for details.

The right of hot pursuit [Art 111 UNCLOS]

This right is designed to prevent a foreign ship that has violated laws of a coastal state to avoid arrest by escaping to high seas.

Hot pursuit can start in any sea zones in that coastal state & can extend to high seas.

Are there limitations for this right?

Yes. There are 2 limitations:

1. Hot pursuit is limited once the foreign ship entered territorial waters of a 3rd coastal state / other states.

2. Hot pursuit should not cause sinking of ships. According to Art 293 UNCLOS, use of force should be avoided. But if need to use force, it should be reasonable only to effect boarding, searching seizing and bringing the suspected ship into port.

In I’m Alone case, a British ship named I’m Alone smuggled prohibited liquor into US. When I’m Alone was chased, it fled to high seas. US pursued and fired at it. The I’m Alone ship sunk and caused loss of 1 crew. It was held that US coast guard may use reasonable force but intentional sinking is not allowed.

Red Crusader case also held that direct firing of solid shot to the Red crusader exceeded the legitimate use of armed force.

Art 111 (4) UNCLOS: jurisdiction of a coastal state may be extended. if boats from a mother ship acted illegally within a zone while mother ship is lying outside the zone, coastal state may exercise jurisdiction on that mother ship.

Study Law at Cambridge Summer School

Cambridge University has an extensive law school which has formed judges and lawyers all over the world and in England. Many of Great Brittan’s judges and top lawyers have their law degrees from Cambridge Law School.

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Basically, you don’t have to be a British national to study law at Cambridge Summer School. Many US universities have partnerships with the Cambridge Law School for summer programs to study British common law and international law.

Why Cambridge? Cambridge has long been known to be one of the most prestigious universities in the UK. Located in the City of Cambridge in lower England, Cambridge has been on the parallel with Oxford University, the other major university in the British Isles.

Requirements for a summer of study at Cambridge can be quite rigorous. To get law education at Cambridge, many US university students will have to file paperwork to be in good standing with both the US and Canadian Barr Associations and acquire the textbooks and other learning materials before leaving for England.

GPA can also be a major requirement for a summer study program at Cambridge. Cambridge is one of the most prestigious schools in the world, so studying there for any period of time should be considered a privilege, and not a right. Thus you have to earn it. Typically, most students who want to spend a summer studying law at Cambridge should have a minimum of a 4.0 GPA to qualify.
Who will benefit from studying law at Cambridge? Well, basically, anyone interested in becoming a judge, lawyer, or studding international business law. What is International Business Law? Well, those of you who are serious about going into business and want to work and hold high positions in companies who do business internationally. Basically, many corporations who do business internationally have subsidiaries overseas and having a degree in international business law can help you negotiate deals or get subsidiaries set up for your company in other countries which can have serious trade and business relationships for your company.

Anyone studying US law can also benefit from studying at Cambridge because of the common nature between US law and British common law. When you have a good understanding of British common law and study early American history, you can have a well-balanced education on US law. This can also help you defend your case in the courtroom and enhance your career as a lawyer.

Business Law Knowledge That Is Integral To The Running Of A Company

It is essential to know about business law before starting a business, as it will help you operate your business without the hindrances of ignorance. It is better to seek the expert guidance of an accountant and an attorney to learn about the latest business laws that will affect your business. Below is a list of the most important business laws.

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Business structure laws: There are different laws for different business entities. Be certain you learn about the business laws that govern the kind of business entity that you choose to start. The major types of businesses are C, S and closed corporations, limited liability companies, and sole proprietorships.

Zoning Laws: It is essential to know about zoning laws, as certain zones are restricted in certain areas. It deals with the kind or type of business allowed in certain areas, how the land surrounding a business is used, signboards, advertisements, and parking.

Licensing Laws: In order to operate a business certain licenses are required and there are some important business laws you need to know. If a business operates without these licenses, it is illegal and the business may be dissolved or forced to close.

Trademark and Patent Laws: These are laws that deal with ownership; intellectual property rights, and inventions. They are necessary to protect the business.

Employment Laws: These are laws regarding the hiring and firing of employees, their rights, compensation, safety, work place discrimination, child labor laws, overtime pay structure, disability laws and unemployment laws.

Tax Laws: This section deals with filing of tax returns and depends on the kind of business entity and the state the business operates in, sales tax. These include franchise tax, income tax and other state and federal tax requirements of a business. These are very important business laws you need to know before starting a business.

Environmental Laws: The government enforces the environmental laws for the discharge of hazardous waste and the recycling laws pertaining to the business.

Health Department Permits: This is necessary if your business deals with food products. You must get health department permits to operate your business.

Fire Department Permits and Air and Water Pollution Control Permits: There are laws that certain kinds of business entities must get permits from these departments to operate.

Beware Of Laws The list above contains basic business laws you need to know before starting a company. It is necessary to take precautions that you are not violating any law by operating your business. You must obtain all the necessary permits and licenses from the appropriate authority.

Additional Help There are firms that offer their services and products to help make the process of starting and running a business very simple and easy. There is also software to make sure your company remains legitimate.

Corporate Tax Solutions For Attorney’S And Law Firms: From An Expert Tax Cpa Houston

A tax CPA in Houston discusses various solutions that Attorneys and law firms can use. Law firms and solo practice attorneys are a specialty area of corporate and partnership tax. Law firms will typically operate on a cash basis of tax accounting, which means that they report income when they collect their fees from clients or resolution of a court proceeding. Fees are normally charged either on an hourly basis or on a contingency fee basis, although some firms also use a hybrid of hourly and contingency billing methods.

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Corporate tax accounting for law firms requires skill in identifying when income becomes taxable. This can be a challenge due to the use of trust accounts for fees, and litigation settlements, as well as the requirement of court approval of fees in some matters.

Equally challenging can be the determination of what expense can be deducted during the case and when.

As a tax CPA in Houston who has worked with all types of law firms, solo practitioners, multi office large firms, and even practicing judges I know the ins and outs of law firm accounting. Here are 3 typical trouble spots we address:

Constructive receipt

      – your fees are subject to corporate tax when you can access them, even if you leave them on deposit in your law firm IOLTA account.

Advance expense payment

      – this is a huge issue for plaintiff attorneys working on contingency. Often a successful case means a huge corporate tax liability. We can moderate that liability by pre-paying law office expenses within certain IRS guidelines.

Employee benefit plans

    – corporate tax can be reduced by employee benefit plan expenses. This includes pensions, healthcare plans, tuition reimbursement, and others. But be careful! Corporate tax will not be reduced if you violate any of the anti discrimination rules, or affiliated group rules, the IRS places on benefit plans.

 

Criminal Law: Alcohol Licenses Are Mandatory in the UAE

Every country has an alcohol regulatory & licensing body that looks after the wholesale, distribution, supply and sale of Alcohol. Consumption of liquor is quite a common sight in certain countries; however, United Arab Emirates (UAE) is one such country in Asia where alcohol intake and selling is entirely prohibited without license. According to Criminal lawyers in Dubai, alcohol licenses are mandatory in the UAE and it is considered a serious crime in the country if you do not possess one. It is illegal to consume alcohol and this rule stand equally true for both Muslims and Non-Muslims. The Muslim country follows the Sharia Law and there are stringent rules related to its consumption.

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It would come as a surprise for some, but the fact is criminal law related to alcohol in Dubai is not that harsh as opposed to other Gulf countries. In fact, there are a few five-star hotels which serve alcohol and even liquor shops which certainly ask for licenses while purchasing. African + Eastern (A&E) and the Mercantile Maritime International (MMI) are the only licensed liquor chains in the city, where UAE residents or tourists can acquire a permit.

Basic eligibility to acquire Alcohol / Liquor License:

  • A person should not be Muslim
  • A person should be more than 21 years old to get license
  • A person is eligible if the minimum monthly salary is at least 3000 dirham (AED)
  • Drivers are not issued liquor license

Non-Muslims (UAE residents or tourists) – only these segment of people are allowed to buy and drink alcohol, but only when they have a license. This will not only keep you out of trouble, as well as save you from the risk of getting imprisoned as Criminal Law in Dubai follow zero-tolerance policy. Liquor licenses are issued only to non-Muslims. It is entirely illegal to consume alcohol at home or hotel without a permit, the license is a must.

According to the Rules of Criminal law in Dubai, every license gives a monthly allowance for consumption of alcohol, which is based on a person’s monthly income, job title, and family.

Muslims are not issued alcohol licenses as it is entirely against Islamic law. Even sale of drinks or any kind of drugs is prohibited in Dubai.

If a non-Muslim is found drinking in public, the criminal law imposes strict punishment for the person. Imprisonment for alcohol consumption is one to three years. Not just this, the person is penalized and even driving licenses are scrapped. It is not advisable to drink in hotels or any other public places unless and until they have a license.

Liquor licenses of Dubai aren’t valid in Abu Dhabi. It means expatriates should purchase alcohol only from the issuing Emirate.

A person is also considered guilty for illegally storing alcohol at home without a permit.

One should also remember that licenses misused do not provide protection against any alcohol related criminal offense and it is only given for the sole purpose of purchase.

The validity of permit is usually of one year and it can be manually renewed.

Every country has an alcohol regulatory & licensing body that looks after the wholesale, distribution, supply and sale of Alcohol. Consumption of liquor is quite a common sight in certain countries; however, United Arab Emirates (UAE) is one such country in Asia where alcohol intake and selling is entirely prohibited without license. According to Criminal lawyers in Dubai, alcohol licenses are mandatory in the UAE and it is considered a serious crime in the country if you do not possess one. It is illegal to consume alcohol and this rule stand equally true for both Muslims and Non-Muslims. The Muslim country follows the Sharia Law and there are stringent rules related to its consumption.

It would come as a surprise for some, but the fact is criminal law related to alcohol in Dubai is not that harsh as opposed to other Gulf countries. In fact, there are a few five-star hotels which serve alcohol and even liquor shops which certainly ask for licenses while purchasing. African + Eastern (A&E) and the Mercantile Maritime International (MMI) are the only licensed liquor chains in the city, where UAE residents or tourists can acquire a permit.

Basic eligibility to acquire Alcohol / Liquor License:

  • A person should not be Muslim
  • A person should be more than 21 years old to get license
  • A person is eligible if the minimum monthly salary is at least 3000 dirham (AED)
  • Drivers are not issued liquor license

Non-Muslims (UAE residents or tourists) – only these segment of people are allowed to buy and drink alcohol, but only when they have a license. This will not only keep you out of trouble, as well as save you from the risk of getting imprisoned as Criminal Law in Dubai follow zero-tolerance policy. Liquor licenses are issued only to non-Muslims. It is entirely illegal to consume alcohol at home or hotel without a permit, the license is a must.

According to the Rules of Criminal law in Dubai, every license gives a monthly allowance for consumption of alcohol, which is based on a person’s monthly income, job title, and family.

Muslims are not issued alcohol licenses as it is entirely against Islamic law. Even sale of drinks or any kind of drugs is prohibited in Dubai.

If a non-Muslim is found drinking in public, the criminal law imposes strict punishment for the person. Imprisonment for alcohol consumption is one to three years. Not just this, the person is penalized and even driving licenses are scrapped. It is not advisable to drink in hotels or any other public places unless and until they have a license.

Liquor licenses of Dubai aren’t valid in Abu Dhabi. It means expatriates should purchase alcohol only from the issuing Emirate.

A person is also considered guilty for illegally storing alcohol at home without a permit.

One should also remember that licenses misused do not provide protection against any alcohol related criminal offense and it is only given for the sole purpose of purchase.

The validity of permit is usually of one year and it can be manually renewed.

ROLE OF SECRETARIES IN DYNAMIC CORPORATE ENVIRONMENT

Introduction:

The Company Secretary occupies the critical place in the company’s organizational pecking order stimulating with arduous responsibilities for the proper observance of numerous legislation’s. He is the Chief Administrative Officer of the company who has to advise and guide the Board of Directors so as to ensure that the multifarious statutory requirements are duly adhered to. This places the secretary in an unenvious position of constantly updating his knowledge and skills in the understanding and application of a plethora of corporate laws which are complex and inter-linked. An attempt has been made in this paper to present the changing role of company secretaries in the liberalized economic scenario.

Company secretaries have been playing a three-fold role as a statutory officer, as a Coordinator and as an administrative officer. According to sec.2 (30) of the Companies Act, 1956 the term “officer” includes any director, manager or secretary. Though in the eyes of law, the secretary is a mere officer of the company, in actual practice he commands considerable influence with the directors. The status of the secretary has changed remarkably over a period of time. In Panorama Developments Ltd., vs. Fidelis Furnishing Fabrics Ltd., (1971), it was observed by Lord Denning that, “A company secretary is a much important person nowadays than he was in 1887. He is an officer of the company with extensive duties and responsibilities. From the position of clerk, he has now been elevated to that of managerial cadre. Many of the company secretaries have reached the top position like Chairman, Managing Director, and Executive Director, in their own groups. As a member of the top corporate management, the secretary has come to be accepted as an indispensable professional to ensure corporate governance. He plays a key role in coordinating with the various statutory bodies like SEBI, BIFR, Stock Exchanges, RBI, Department of Company Affairs, Company Law Board in connection with the approvals, sanctions and consents under the various corporate laws.

There has been a growing awareness and appreciation in the Government and the corporate sector of the great support from the Corporate Professions whereby they have ushered in an area of self-regulation. Company Secretaries have become necessary adjuncts in the corporate management hierarchy as they are looked upon for sound counsel and advice on all matters of importance.

The Corporate sector has recognized the role of company secretaries Corporate managements are constituted by corporate executives of multi discipline professionals having dynamism and vision for the effective role of moulding and shaping the corporate sector under any demanding situation. Company secretaries who are also multi – disciplined professionals, have occupied the key and pivotal statuses in the corporate sector have established a good track record of having performed the responsibilities and functions as envisaged in various corporate laws.

With the increased professionalisation of corporate management in the context of modern corporate culture, company secretaries play a key role in guiding and shaping the distinct corporate entity, engaging him. He is often looked upon as a Senior Management Professional who is expected to discharge a wide range of responsibilities. Company Secretary who wields considerable authority in the corporate hierarchy is undoubtedly a professional manager. The most significant managerial skill and professional competence that differentiate him from other managers is the coordinating skill which he has to exercise constantly to bring the different functional specializations within the organization to realize its objectives. In view of the new corporate environment on account of liberalization and globalization, corporate management has witnessed a pronounced shift in favour of management by professionals, among whom the role of company secretary is all the more important.

In a decentralized and liberalised economic and legal environment, the role of a company secretary assumes greater significance and arduous responsibility. A company secretary is no more now a company law secretary. Though compliance of corporate laws is an important function of a company secretary, his role does not commence and end with mere compliance of laws.

Besides a company law specialist and management expert, today a company secretary is required to be a computer secretary. In the changed technological environment, company secretaries have to be expert user of modern information techniques there by enhancing their utility quality of service to the organization and of the clients.

The profession of company secretaries has made remarkable contribution in the liberalised economic and industrial scenario. For, most of the company secretaries perform their duties as merchant bankers, consultants, fund raisers, administrators, programmers and so forth. The financial reforms, capital market reforms, economic reforms have once again thrown up greater challenges and opened up new vistas for the profession of company secretaries. The enactment of Depositories Act, 1996, Companies (Amendment) Act, 1996, Take over code, Securities have (Amendment) Act, 1995, changes in securities contracts (Regulation) Act, 1956, increased powers to SEBI, Forex Management, financial services, foreign collaboration and joint venture agreements, formation of mutual funds, asset management companies and depositories, emergence of institutions like Stock Holding Corporation of India Ltd, Credit Rating Agencies, National Stock Exchange, OTCEI, have all activated the corporate sector to a large extent. Other important areas where company secretaries can contribute substantially include environmental audit, secretarial audit, securities audit, compliance of SEBI guidelines, patents and trade marks, consultancy services and so forth.

Though some clauses in companies Act,1956  nostalgic to the profession company secretaries, significant  aspects like  hybrids, derivatives and options, provision for buy – back of shares, setting up of Indian Depository Receipts, adequate corporate disclosures, mergers, demergers and corporate restructuring, secretarial compliance certificate have thrown open challenging tasks and opportunities for the profession of company secretaries.

conclusion:

It is clear from the foregoing discussion that company secretaries have come to be accepted by all as an independent and indispensable professional. The role of company secretary has not merely changed; it has transformed itself into new dimensions. The changes have terrified new challenges and tasks; that spur the professional instincts of a company secretary to identify himself with the whole of business.

Legal Elements for your Business – New Company Registration, Formation, Incorporation & LLP Registration under One Roof

Company is a kind of separate entity. Simply mean a group of people with same and common aim and target of doing business in order to earn profit. Company is generally formed for the purpose of doing business in the international market. Therefore, there are many challenges have to be faced by different companies in this competitive market. For those corporate and business houses that are performing outside country businesses will face more difficulties and hurdles as compared to domestic businesses. In order to handle those difficulties and hurdles, every country follows certain rules and regulations established for business and corporate sector. Like US, AUS, UK, NZ, Canada, India, China, Honk Kong and many more are following their own rules and regulations for handling business issues at domestic as well as international level.

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Like in India, one of the emerging countries in the field of business, offering awesome business opportunities to all world leading companies follow wide verities of business and corporate laws for operating business sector globally. In this world of competition it is very important for all types of cooperate sector to accompanied with different corporate and business laws in India in order to gain legal benefits. In India, Companies Act 1956 is one of the corporate laws that provide company formation and registration. There are many other services like trademark registration,llp registration ,copyright, stpi, corporate dispute solutions, patent registration, brand and logo registration, fcra registration, nbfc registration and many more laws are established by Indian corporate law authority.

Among these corporate law services, llp registration, company incorporation in india and company formation in india are the two most important law services that work for the society. Under this section you will also find new company registration in india where it is recommended to all new as well old company to get registration under the Companies Act 1956. It is one of the ways to protect your company from misuse, stolen or copied your company name and address from any unauthorized party. Here, company name, area of operation, classification of operation, head office address, company address, branches and many more things are to be registered under company registration in india. In this world of technology, there are business law companies like tm-india, 365companies, companyregistrationindia and many more are offering various types of business law services under one roof. For user convenient these are now also providing their online services for distant client. These online facilities are really simplified the process of following business laws for corporate sector. Now, it doesn’t matter, where you are, you can easily fill an online form related to your business law query on these corporate websites and have your solutions at an instant. It only saves time bit also provide reliability from both sides. Therefore, at present time when there is a huge competition in the international market, there will be more chances of getting plagiarism and misuse by unauthorized person, these business or corporate laws are only the way to get protect from all these types of illegal activities.

International Law And Municipal Law: The Interface

Introduction

It is the nature of man to live in communities.  He lives in this fashion in every part of the world today, and the evidence of history and pre-history shows how long he has been doing so.  But then it must be noted that where people live together conflict is bound to arise due to various conflicting interests among the people.  Also, bearing in mind that everybody tries to work hard, obtains basic needs and all other things which help to make life happy and comfortable which are incidentally in short supply, since the supply is always in short in proportion to the demand, competition for them sets in.  It is a race in which we all engage, and in every race or game there must be rules and regulations. Else, we are moving towards the ‘state of nature’ as enunciated by Hobbes.  Therefore, the existence of rules and regulations (law) becomes a sine qua non to the peaceful co-existence of people and nations all over the world.

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This chapter therefore, attempts a critical examination of International and Municipal laws.  The chapter is divided into three parts.  Part one which is the introduction provides theoretical background for the work.  In it, clarifications of some concepts that are germane to the study are done.  It also looks briefly at purposes and characteristics of law.   Part two compares vividly international law and municipal law looking at the debate on the relationship between the two using the contending theories.  Part three, which is the concluding aspect, presents a complementary nature of international law and municipal law, thereby viewing both laws as real, irrespective of their peculiarities.

Understanding the Concepts

Since conceptual clarification is a form of intellectual ritual that gives clarity and validity to any discussion, it is therefore necessary to explain concepts that are germane to this study for the purpose of deeper understanding.

The Concept of Law

There have been various definitions of law by different scholars across the global intellectual communities.  These definitions exist, ranging from the philosophical to the practical, Plato called law social control; William Blackstone (1977) sees law as rule, specifying what was right and what was wrong.  For the purpose of this study, law is viewed as a body of rules that establish a certain level of social conduct, or duties that members of the society honour (Davidson, 1998:3).

Law simply means an arrangement that coordinates and confines people’s behaviours to conform to an agreed general ways of human conduct in a given society, with a threat of sanctions against defiant behaviours. Inferred from the above definitions is the need to obey the law. This is because disobedience may attract sanctions that may result in imprisonment, fine or death, depending on the nature of offence. Law may also be defined as a body of rules or regulations governing the conduct of human beings in their social regulations.

The Concept of Municipal Law

Municipal law is the internal law of the state, binding on the citizens of the state.  It is defined as the domestic law of a state regulating the conduct of individuals and legal entities within it (Aguda, 1999).  It is national or internal law of a state.  Shaw sees municipal law as law that governs the domestic aspects of government and deals with issues between individuals and the administrative apparatus (Shaw, 1997:105).

The Concept of International Law

It is an indisputable fact that international law is a victim of definitional pluralism; this is because many scholarly definitions have been given to it by various scholars of repute from different perspectives.  Some of these definitions will be explored for the purpose of this study.

Khan et al (1968) defines it as a ‘body of rules, laws, and norms, which serves to limit the sovereignty of state in the international society.  Oppenheim (1995) sees it as the ‘body of customary and treaty rules which are considered legally binding by states, in their intercourse with each other.’  Jessup (1968) presents it as the body of laws, which is applicable to states in their relations and to individuals in their relations to other states.  In the same vein,  Kolawole (1997, 278) defines international law or what he calls the ‘law of nations’ as the body of rules and principles of action which are binding upon civilised states in their relations with one another.  International law is the law at the international level made by the collective will of states and to lesser degree organisation and individuals (Shaw, 1997, 105).  In essence, international law is a body of generally accepted principles and rules regulating or controlling the conduct of states, individuals and international organisations for the purpose of peaceful coexistence in the international plane.

Dimensions of International Law

            The scope of international law can be categorised into six broad items, namely: one, the law of peace, which seeks the peaceful settlement of international disputes.  Two, the law of war, since conflict is an inevitable outcome of human and states relations, conducts of hostilities, must conform with laid-down regulations in terms of types of military wares and ammunition to be used, and stages of their utilisation, targets and non targets of attack, areas of combat, treatment of civilians, journalists and prisoners of war and refuges; and the duties of humanitarian agencies such as the Red-Cross otherwise called ‘doctor without borders’. Three, the law of neutrality, international law forbids aggression on neutral states in war.  It also spells out reciprocal responsibilities for neutral states.  Law forbids them to render any form of assistance whatever military or civil to any of the parties engaged in hostility.  Four, mercantile laws, which relate to regulations on international trade, foreign investment and multi-lateral trade agreements by states.

Five, is the law of the sea.  The sea is very vital to the world economy as it provides varied marine food and mineral resources. It serves as a means of international transportation, and it serves as strategic resource for national defence.  For these reasons, nations have fought wars over marine resources.  Consequently, activities of states in the sea need to be regulated in order to present inter-state disputes.  Six, convention on the use of outer spaces.  The law regulates the exploration and launching of objects into outer space (Ajayi, 2000).

Characteristics and Purposes of Law

The inherent nature of human beings is their unpredictability in terms of behavioural conduct. States, groups and international organisations, like individuals who constitute membership of these social formations, suffer from this innate problem.  Therefore, for law to really serve its purposes, a competent and constituted body that has recognised authority must make such law.  It must also be ultimately enforceable; any law that cannot be enforced is no law.  It must also be dynamic because society in which it operates is dynamic.  Law should also be consensual.  International law is one of consensus rather than one of force.  Even in the national society laws are only laws when one consents to it.  It might be out of fear of reprisal or coercion.

Law generally serves the following purposes in any society.  Law regulates conduct, maintains peace, and provides protection and means of achieving justice.

Specifically, law serves as a tool of order; as a tool order, it promotes order within the national and international society.  There is no denying the fact that a comprehensive set of rules, regulations, obligations, rights, legal doctrines and decisions of national and international tribunals on legal matters does help to promote international order.  Law regulates the behaviour of the citizenry.  Without law, society would have been disorganised and become ungovernable (Kolawole, 1997).

A scholar have identified the functions of international law, which include minimising frictions between and among states, stabilising the behaviour of states, facilitating cooperation between and among states, protecting individuals, settling disputes and serving as a tool of public relations and propaganda (Adeniran, 1983).

International law also serves as an instrument of national policy.  It contributes to a nation’s means of attaining its objectives in foreign policy.  It also serves as integrative force, in the world community, since no state can live in isolation, it atomised the entire states and people of the world into one whole as they are all subjects of the law without prejudice to race, colour or class (Ajayi, 2000).

Comparing International Law and Municipal Law

The relationship between international law and municipal law is full of theoretical problems.  The international legal literature on the subject records two main principal theories involved in the debate.  But it is to be noted that this part does not necessarily distinguish or differentiate international law from municipal law or give one primacy over the other, but rather, justifies the existence of both laws as laws in the real sense of it.  Although, some of the arguments put forward by different schools of thought to explain the relationship between the two laws will be explored for theoretical explanation and academic consumption.

The dualist or pluralist school of thought assumes that international law and municipal law are two separate legal systems, which exist independently of each other (Malanczuk, 1997, 63-71).  Dualism stresses that the rules of the systems of international and municipal laws exist separately and cannot purport to have effect on, or overrule the other.  This according to the school is because of the fundamentally different legal structure employed on one hand by the state, and on the other hand as between states (Malanczuk, 1997).

The dualist position is accepted by the posivists like Triepel and Anzillot.  Triepel maintains that international law must be incorporated into the municipal law, because the subject of state is the individual whereas the subject of international law is abstract entity known as the state.  Since subjects are not the same, there has to be a transformation from one to the other, i.e. international law has to be transformed into the state law before it can be applied to individuals.  This process is also called ‘Transformation theory’.  The claim of Triepel as regards state as only subject of international law can no longer be sacrosanct due to dynamism in law.  In the contemporary international law, individuals are seen as subject but with limited capacity.

The 1945 Nuremberg Trial made individuals subject of international law; there was also Angola Trial, etc.  Anzilloti (1967) talks of the conditioning of the two laws.  In his opinionated view, state laws are imperatival and hence it has to be obeyed, whereas international law is in the nature of promises; it is therefore necessary to transform a promise into command before it becomes applicable in the municipal law.  The position also is not sacrosanct, in the sense that law is not necessarily command, people obey the law when they consent to it and often times people obey because of the possible gains that can be acquired.

The second school of thought known as Monist, has a unitary perception of the law and understands both international law and municipal law as forming part of one and the same legal order.  The most radical version of the Monist approach was formulated by Kelsen, in his view, ‘the ultimate source of validity of all law’, is derived from a basic rule of international law.

Kelsen theory implies that all rules of international law were supreme over municipal law, that a municipal law inconsistent with international law was automatically null and void and that rules of international law were directly applicable in the domestic spheres of state.  Kelsen’s view was on formalistic logical grounds.  They opposed strict division of the two laws as demonstrated by the dualists and accept the unitary view of law as a whole.  Kelsen utilises the philosophy of Kant as its basis.

Law is regarded as constituting an order which lays down patterns of behaviour that ought to be followed, coupled with the provision for sanctions, which are employed once an illegal act or course of conduct has occurred or been embarked upon.  Since the same definition implies both within internal sphere and international sphere, a logical unity is forged. Since states own their legal relationship to the roles of international law, and since states cannot be equal before the law without a rule to that effect, it follows that international law is superior to or more basic than municipal law.

Kelsen emphasises the unity of the entire legal order upon the basis of the predominance of international law by declaring that it is the basic norm of the international legal order, which is the ultimate reason of validity of the national legal orders too (Kelsen, 1997).

Lauterpacht in his contribution uphold a strong ethical position with deep concern for human right.  He sees the primary function of law as concerned with the well-being of individuals and advocates the supremacy of international law as the best method of attaining this.

Interestingly, Article 27 of the Vienna Convention on the law of treaties states that: a party may not invoke the provisions of its internal laws as justification for its failure to carry out an international agreement.  However, expression on the supremacy on the international law over municipal law in international tribunals does not mean that the provisions of domestic legislation are either irrelevant or necessary.  On the contrary, the role of international legal rules is vital to the working of the international legal machine.

One of the ways that is possible to understand and discover a state’s legal position on a variety of topic important to international law is by examining the municipal laws.  A country will express its opinion on such vital international matter at the extent of its territorial sea or the justification it claims or the conditions for the acquisition of nationality through the medium of its domestic law making.  Thus, it is quite often that in the course of deciding a case before it, an international court will feel the necessity to make a study of relevant pieces of municipal legislation.  The rules of municipal law can be utilised as evidences of compliance or non-compliance with international obligations (Shaw, 1997).

Complementary Nature of International Law and Municipal Law

International law does not entirely ignore municipal law.  For example, municipal law may be used as evidence of international custom or of general principles of law, which are both sources of international law.  Moreover, international law leaves certain questions to be decided by the municipal law (Akhurst, 1977).

Harmonisation theory succinctly provides an answer to the true relationship of the two laws by asserting that:

The starting point in the legal order is that man lives not in one jurisdiction, but in both.  International law and municipal law are concordant bodies of doctrine, autonomous but harmonious in their aim of basic human good.  When faced with an actual problem, a municipal court applies the rules operative within its jurisdiction and may in fact, apply international law to the exclusion of municipal law, or vice-versa (Aguda, 1993: 32).

A treaty or other rule of international law imposes an obligation on states to enact a particular rule as part of their own municipal law.  Similarly, there is a general duty for states to bring domestic law into conformity with obligation under international law either through transformation, incorporation, adoption or reception, e.g. treaties ratified in accordance with the constitution automatically become part of the municipal law of the USA.  In Britain, the traditional rule is that customary international law automatically forms part of English law (Akhurst, 1977).

In a case before a municipal court, a rule of international law may be brought forward as a defence to a charge.  For example, a vessel may be prosecuted for being in what the domestic terms is regarded as territorial waters, but in international law, it would be treated as part of the high seas.

Okeke (1986:6) puts it in this manner:

…as states grow in their international outlook, and as they participate in either the creation of new rules of international law or in the re-definition of the already existing ones, it must be borne in mind that the world is now advancing on the principle of interdependence and mutual cooperation.  The age of holding tenaciously to the principle of absolute sovereignty is far gone.  Indeed, a state by taking laws to be in conformity with international law is a legitimate exercise of the sovereignty of such a state.

Okeke’s position stresses the dynamism in law and the society, when the law operates and the need for global intercourse of nation for global benefits; and such interaction must be regulated with law both at national and international levels so as to have peaceful and ordered world.

Okeke in his analysis cited a section each from the constitution of Germany and the United States of America to affirm the interconnectedness of international and municipal laws. The constitution of the Federal Republic of Germany provides:

            The general rules of public international law are an integral

             part of the federal law. They shall take precedence over the

            laws and shall directly create rights and duties for the inhabitants

             of the federal territory (Okeke, 1986).

In the same manner, the American constitution also provides:

            The constitution and the laws of the United States, which shall

             be made in pursuance thereof, and all treaties made, or which

             shall be the supreme law of the land, and the judges in every state

             shall be bound thereby, and everything in the constitution or laws

             of any state to the contrary notwithstanding.

In addition, the rule of the municipal law can be utilised as evidences of compliance or non-compliance with international obligations, e.g. the issue of respect of fundamental human rights.  Though, in some countries the law will sometimes fail to reflect the correct rule of international law, but this does not necessarily mean that states will be breaking international law.

Conclusion

From the submissions above, ranging from definitions of law, characteristics and purposes to relationship and complimentary nature of municipal law and international law, it is clear that both laws possess the qualities of law and all that takes to be called laws.  They serve the same purposes and perform functions of law because they are meant to regulate conduct, maintain peace, provide protection, achieve justice, etc.  They are both enforceable; they have different mechanisms of enforcement and agencies.  They are both dynamic in nature, they are made by competent and recognised authority, etc.  As a matter of fact, both laws have been able to work towards achieving well ordered societies, which is the ultimate goal of any law.  Therefore, international law and municipal laws are real laws.

References

Adeniran, T. 1983 Introduction to International Relations.  Ibadan, Macmillan Nigeria Ltd.

Aguda, A. (ed.) 1999 Introduction to International Law.  Ibadan, Spectrum Law Publishing.

Ajayi, K. 2000 International Administration and Economic Relations in a Changing World.  Ilorin, Maaba Publisher.

Akehurst, M. 1977 A Modern Approach to International Law.  London, George Allen Publishing Ltd.

Anzilloti, T. 1967  International Law and State.  England, Oxford Press.

Davidson, K. and M. Forsythe 1998  Business Law. USA, West Educational Publishing Limited.

Jessup, P. 1968  A Modern Law of Nations.  Handen Conn, Archan Books.

Kelsen, J. 1997  International Law.  Edinburgh, Rose Publishing Ltd.

Kolawole, D. 1997  Reading in Political Science.  Ibadan, Dekaal Publishing Ltd.

Malanczuk, P. 1997  Akehurst’s Modern Introduction to International Law.  Padstow Con Wall, TJ International Ltd.

Okeke, C. 1986  Theory and Practice of International Law in Nigeria.  Forth Dimension Ltd.

Oppenheim, O. 1995  International Law.  London, Longman.

Shaw, N. 1997  International Law.  UK, Cambridge University Press.