This case is related to the State immunity in Public International Law. This very case enumerates the stand of courts over State Immunity when commercial nature of State is involved.
This document discusses the history and process of codifying international law. It outlines key events and efforts over time to systematically organize international legal rules and principles into written codes and agreements. Some of the major developments mentioned include the Hague Conferences of 1899 and 1907 which resulted in the first international conventions, the work of the League of Nations and United Nations to further codification, and important conventions on topics like the law of the sea, diplomatic relations, and treaties. Both benefits and challenges of the codification process are also reviewed.
Pengantar Hukum Internasional - North Sea Continental Shelf CaseMariske Myeke Tampi
The North Sea Continental Shelf case involved a dispute between Germany, Denmark, and the Netherlands over the delimitation of their continental shelf boundaries in the North Sea. The key issues were whether the equidistance principle in Article 6 of the 1958 Continental Shelf Convention should be applied to determine the boundaries, and whether the International Court of Justice had jurisdiction based on the consent of the states involved. The Court ultimately applied the equidistance principle and asserted its jurisdiction based on the consent of Germany, Denmark, and the Netherlands.
This document provides an overview of international commercial arbitration. It begins by defining international commercial arbitration and explaining its key characteristics: it is a mechanism for private dispute settlement based on party consent that results in a final decision. The document then discusses the history of international commercial arbitration and how it has grown since the 1920s. It also outlines the legal framework for international commercial arbitration, including the New York Convention, national arbitration laws, arbitration rules, and practice. The document provides this information to give context and background on international commercial arbitration as a dispute resolution process.
Constitutional provisions of legal aid by Tanya Singh, 4th year,Tanya Shankar
The document discusses the constitutional provisions for legal aid in India. It notes that legal aid is meant to ensure access to justice for all, regardless of ability to pay. Key points:
- The Indian constitution includes the right to free legal aid under Articles 14, 21, and 39(A).
- The Supreme Court has ruled that free legal aid is a fundamental right that is part of the right to a fair trial and is implicit in Article 21's guarantees.
- Important cases like Hussainara Khatoon established that free legal aid must be provided to those unable to afford legal counsel.
- The Legal Services Authorities Act of 1987 was passed to give effect to the constitutional provisions for free
Alternative Dispute Resolution (ADR) [LLB -309] cpjcollege
Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of
professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
This document discusses the history and process of codifying international law. It outlines key events and efforts over time to systematically organize international legal rules and principles into written codes and agreements. Some of the major developments mentioned include the Hague Conferences of 1899 and 1907 which resulted in the first international conventions, the work of the League of Nations and United Nations to further codification, and important conventions on topics like the law of the sea, diplomatic relations, and treaties. Both benefits and challenges of the codification process are also reviewed.
Pengantar Hukum Internasional - North Sea Continental Shelf CaseMariske Myeke Tampi
The North Sea Continental Shelf case involved a dispute between Germany, Denmark, and the Netherlands over the delimitation of their continental shelf boundaries in the North Sea. The key issues were whether the equidistance principle in Article 6 of the 1958 Continental Shelf Convention should be applied to determine the boundaries, and whether the International Court of Justice had jurisdiction based on the consent of the states involved. The Court ultimately applied the equidistance principle and asserted its jurisdiction based on the consent of Germany, Denmark, and the Netherlands.
This document provides an overview of international commercial arbitration. It begins by defining international commercial arbitration and explaining its key characteristics: it is a mechanism for private dispute settlement based on party consent that results in a final decision. The document then discusses the history of international commercial arbitration and how it has grown since the 1920s. It also outlines the legal framework for international commercial arbitration, including the New York Convention, national arbitration laws, arbitration rules, and practice. The document provides this information to give context and background on international commercial arbitration as a dispute resolution process.
Constitutional provisions of legal aid by Tanya Singh, 4th year,Tanya Shankar
The document discusses the constitutional provisions for legal aid in India. It notes that legal aid is meant to ensure access to justice for all, regardless of ability to pay. Key points:
- The Indian constitution includes the right to free legal aid under Articles 14, 21, and 39(A).
- The Supreme Court has ruled that free legal aid is a fundamental right that is part of the right to a fair trial and is implicit in Article 21's guarantees.
- Important cases like Hussainara Khatoon established that free legal aid must be provided to those unable to afford legal counsel.
- The Legal Services Authorities Act of 1987 was passed to give effect to the constitutional provisions for free
Alternative Dispute Resolution (ADR) [LLB -309] cpjcollege
Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of
professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
This document provides an overview of specific relief under Indian law. It discusses key concepts like specific performance of contracts and recovery of possession of property. Specific relief refers to a form of judicial remedy where a party is compelled by a civil court to do or refrain from doing a certain act. The Specific Relief Act of 1877 governs specific relief in India and is based on principles of equity. It allows for specific performance of contracts for sale of immovable property, partial performance of contracts where part of the obligation cannot be fulfilled, and rights of purchasers against vendors with imperfect title. Certain types of contracts cannot be specifically enforced, such as those requiring continuous performance over 3 years or those with uncertain terms.
This document provides an overview of public international law, including definitions, the distinction between international law and national legal systems, theories of international law, and methods of enforcement.
The key points covered are:
1) International law governs relations between states and other international actors, and is decentralized with no central authority, in contrast to national legal systems.
2) There are various theories regarding whether international law can truly be considered law due to its lack of centralized institutions and enforcement mechanisms.
3) Methods of enforcing international law include self-help measures such as retorsion and reprisals between states.
Internal aids of interpretation and construction of statutesgagan deep
This document discusses various internal aids to interpretation and construction of statutes under Indian law. It explains tools like the preamble, title, headings, marginal notes, context, definitions, exceptions, provisos, rules and schedules that are used to understand the meaning and intent of legislation. Examples are provided from various Indian statutes like the Indian Penal Code, Constitution of India, and labor laws. Court rulings are also mentioned to illustrate how these internal aids have been applied in legal interpretations.
National Lok Adalat Field Visit ReportHussain Shah
The purpose of visit was to understand the working of a court, the nature of duties of the Judicial Officers in the matters of Lok Adalat and also to observe how the concept of conciliated settlement of dispute in the traditional Indian culture in the form of Nyaya Panchayats and Gram Panchayats led to introduction of Lok Adalats which added a new chapter to the justice dispensation system of the country and that how it provides a supplementary forum to the victims for satisfactory settlement of their disputes.
This document discusses parties to a suit under the Code of Civil Procedure 1908 in India. It defines plaintiff and defendant, and discusses rules around joinder, nonjoinder, and misjoinder of parties. It explains that a plaintiff is the person filing a suit to enforce a legal right, while a defendant is the person being sued. Multiple plaintiffs and defendants can be joined in one suit if there is a common issue. One person may also represent a group in a representative suit under certain conditions, such as numerous parties sharing a common interest.
The document discusses the definition of "industry" under the Indian industrial disputes act. It covers:
- The definition includes any systematic activity carried out with cooperation between employers and employees for production/distribution of goods/services.
- Courts initially gave it a wide meaning but later narrowed it, before a 1978 ruling reestablished the wide interpretation.
- Key cases addressed whether entities like municipalities, hospitals and clubs could be considered industries.
- The definition of "workman" was also analyzed in the context of whether it included contractors and managerial staff.
The document discusses the General Clauses Act of 1897. It provides definitions and rules of interpretation for central acts. The act aims to standardize language, provide uniform expression, and make provisions for interpretation. It covers topics like commencement and repeal of enactments, powers and functions, and interpretation of notifications, rules, and bye-laws issued under acts. The act also serves as a model for state general clauses acts and has been applied to interpreting the Indian constitution.
DIFFERENCE BETWEEN CONSTRUCTION AND INTERPRETATIONTejinder Bhatti
Interpretation means the art of finding out the true sense of an enactment by giving the words their natural and ordinary meaning whereas Construction means drawing conclusions in the basis of the true spirit of the enactment.
Interpretation takes place when we look for the original meaning of the constitution. All other forms of constitutional analysis engage in construction
The document is a student project submission on the topic of confessions in law of evidence. It begins with an introduction and preface on the law of evidence. It then discusses the meaning of a confession, noting it is a statement by an accused that is adverse to them. It outlines the key differences between a judicial confession made before a court and an extra-judicial confession made elsewhere. It also discusses when a confession is relevant or not relevant as evidence, focusing on sections 24-27 of the Indian Evidence Act. The document provides details on the relevancy of confessions and differences between admissions and confessions.
This case involves a challenge to the validity of certain provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. [1] The Supreme Court upheld the main provisions of the Act, including Section 13 which allows secured creditors to enforce security interests without court intervention. [2] However, the Court struck down the requirement under Section 17(2) that borrowers deposit 75% of the claimed amount before appealing to the Debt Recovery Tribunal, finding it to be arbitrary. [3] While the main structure of the Act was upheld, the judgment did not fully address the tensions between the Act and the Companies Act regarding the rights of secured vs. unsecured creditors when a company becomes insol
Contracts under private international law is governed by different principles and maxims. This slide gives you an idea about it and included all relevant case laws.
This document discusses the definition of "industry" under the Industrial Dispute Act. It defines industry as any business, trade, undertaking, manufacturer or calling of employees. It also lays out a triple test established by the Supreme Court to determine what constitutes an industry: 1) there must be systematic activity, 2) the activity must be organized, and 3) the activity must be for the production and/or distribution of goods or services to satisfy human needs. Several court cases are discussed that apply this test to different sectors such as hospitals, educational institutions, clubs, and temples.
International arbitration is the most commonly used process for resolving commercial disputes between transnational parties. There are two main types - ad hoc arbitration, which is flexible but requires party cooperation, and institutional arbitration, which is administered by an arbitration organization. Mediation is also used, where a neutral party helps negotiate a settlement, but it is non-binding and parties can withdraw at any time. The Permanent Court of Arbitration in The Hague is the oldest international dispute resolution organization and handles cases between states as well as between states and private parties.
The document provides an overview of rules of statutory interpretation used by judges in the UK. It discusses the literal rule, where words are given their plain meaning, and the golden rule and mischief rule, which allow interpretations to avoid absurd outcomes or address the problems the statute aimed to fix. It also covers maxims like ejusdem generis and noscitur a sociis that help define terms based on associated words. Case examples are used to illustrate how the different rules have been applied in practice.
Class lecture from the course Principles of Equity, Trust and Roman Law conducted for first year students at Jahangirnagar University
Learning Outcome: Students will understand how the separate court systems of common law and equity were conflicting with each other and how Judicature Act was enacted to avert the difficulties
This document discusses diplomatic envoys and diplomatic immunity. It begins by defining a diplomat as a public officer who conducts official negotiations and maintains relations between governments. It then discusses the historical evolution of diplomatic immunity from ancient periods to modern diplomacy. Key points included are that diplomatic immunity first became established to allow for safe negotiations, and the Vienna Convention of 1961 codified current diplomatic law and classifications of envoys such as ambassadors, ministers, and charges d'affairs. The document concludes by outlining the immunities granted to diplomatic agents under the Vienna Convention, such as inviolability of person, premises, and communications.
This document provides an overview of specific relief under Indian law. It discusses key concepts like specific performance of contracts and recovery of possession of property. Specific relief refers to a form of judicial remedy where a party is compelled by a civil court to do or refrain from doing a certain act. The Specific Relief Act of 1877 governs specific relief in India and is based on principles of equity. It allows for specific performance of contracts for sale of immovable property, partial performance of contracts where part of the obligation cannot be fulfilled, and rights of purchasers against vendors with imperfect title. Certain types of contracts cannot be specifically enforced, such as those requiring continuous performance over 3 years or those with uncertain terms.
This document provides an overview of public international law, including definitions, the distinction between international law and national legal systems, theories of international law, and methods of enforcement.
The key points covered are:
1) International law governs relations between states and other international actors, and is decentralized with no central authority, in contrast to national legal systems.
2) There are various theories regarding whether international law can truly be considered law due to its lack of centralized institutions and enforcement mechanisms.
3) Methods of enforcing international law include self-help measures such as retorsion and reprisals between states.
Internal aids of interpretation and construction of statutesgagan deep
This document discusses various internal aids to interpretation and construction of statutes under Indian law. It explains tools like the preamble, title, headings, marginal notes, context, definitions, exceptions, provisos, rules and schedules that are used to understand the meaning and intent of legislation. Examples are provided from various Indian statutes like the Indian Penal Code, Constitution of India, and labor laws. Court rulings are also mentioned to illustrate how these internal aids have been applied in legal interpretations.
National Lok Adalat Field Visit ReportHussain Shah
The purpose of visit was to understand the working of a court, the nature of duties of the Judicial Officers in the matters of Lok Adalat and also to observe how the concept of conciliated settlement of dispute in the traditional Indian culture in the form of Nyaya Panchayats and Gram Panchayats led to introduction of Lok Adalats which added a new chapter to the justice dispensation system of the country and that how it provides a supplementary forum to the victims for satisfactory settlement of their disputes.
This document discusses parties to a suit under the Code of Civil Procedure 1908 in India. It defines plaintiff and defendant, and discusses rules around joinder, nonjoinder, and misjoinder of parties. It explains that a plaintiff is the person filing a suit to enforce a legal right, while a defendant is the person being sued. Multiple plaintiffs and defendants can be joined in one suit if there is a common issue. One person may also represent a group in a representative suit under certain conditions, such as numerous parties sharing a common interest.
The document discusses the definition of "industry" under the Indian industrial disputes act. It covers:
- The definition includes any systematic activity carried out with cooperation between employers and employees for production/distribution of goods/services.
- Courts initially gave it a wide meaning but later narrowed it, before a 1978 ruling reestablished the wide interpretation.
- Key cases addressed whether entities like municipalities, hospitals and clubs could be considered industries.
- The definition of "workman" was also analyzed in the context of whether it included contractors and managerial staff.
The document discusses the General Clauses Act of 1897. It provides definitions and rules of interpretation for central acts. The act aims to standardize language, provide uniform expression, and make provisions for interpretation. It covers topics like commencement and repeal of enactments, powers and functions, and interpretation of notifications, rules, and bye-laws issued under acts. The act also serves as a model for state general clauses acts and has been applied to interpreting the Indian constitution.
DIFFERENCE BETWEEN CONSTRUCTION AND INTERPRETATIONTejinder Bhatti
Interpretation means the art of finding out the true sense of an enactment by giving the words their natural and ordinary meaning whereas Construction means drawing conclusions in the basis of the true spirit of the enactment.
Interpretation takes place when we look for the original meaning of the constitution. All other forms of constitutional analysis engage in construction
The document is a student project submission on the topic of confessions in law of evidence. It begins with an introduction and preface on the law of evidence. It then discusses the meaning of a confession, noting it is a statement by an accused that is adverse to them. It outlines the key differences between a judicial confession made before a court and an extra-judicial confession made elsewhere. It also discusses when a confession is relevant or not relevant as evidence, focusing on sections 24-27 of the Indian Evidence Act. The document provides details on the relevancy of confessions and differences between admissions and confessions.
This case involves a challenge to the validity of certain provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. [1] The Supreme Court upheld the main provisions of the Act, including Section 13 which allows secured creditors to enforce security interests without court intervention. [2] However, the Court struck down the requirement under Section 17(2) that borrowers deposit 75% of the claimed amount before appealing to the Debt Recovery Tribunal, finding it to be arbitrary. [3] While the main structure of the Act was upheld, the judgment did not fully address the tensions between the Act and the Companies Act regarding the rights of secured vs. unsecured creditors when a company becomes insol
Contracts under private international law is governed by different principles and maxims. This slide gives you an idea about it and included all relevant case laws.
This document discusses the definition of "industry" under the Industrial Dispute Act. It defines industry as any business, trade, undertaking, manufacturer or calling of employees. It also lays out a triple test established by the Supreme Court to determine what constitutes an industry: 1) there must be systematic activity, 2) the activity must be organized, and 3) the activity must be for the production and/or distribution of goods or services to satisfy human needs. Several court cases are discussed that apply this test to different sectors such as hospitals, educational institutions, clubs, and temples.
International arbitration is the most commonly used process for resolving commercial disputes between transnational parties. There are two main types - ad hoc arbitration, which is flexible but requires party cooperation, and institutional arbitration, which is administered by an arbitration organization. Mediation is also used, where a neutral party helps negotiate a settlement, but it is non-binding and parties can withdraw at any time. The Permanent Court of Arbitration in The Hague is the oldest international dispute resolution organization and handles cases between states as well as between states and private parties.
The document provides an overview of rules of statutory interpretation used by judges in the UK. It discusses the literal rule, where words are given their plain meaning, and the golden rule and mischief rule, which allow interpretations to avoid absurd outcomes or address the problems the statute aimed to fix. It also covers maxims like ejusdem generis and noscitur a sociis that help define terms based on associated words. Case examples are used to illustrate how the different rules have been applied in practice.
Class lecture from the course Principles of Equity, Trust and Roman Law conducted for first year students at Jahangirnagar University
Learning Outcome: Students will understand how the separate court systems of common law and equity were conflicting with each other and how Judicature Act was enacted to avert the difficulties
This document discusses diplomatic envoys and diplomatic immunity. It begins by defining a diplomat as a public officer who conducts official negotiations and maintains relations between governments. It then discusses the historical evolution of diplomatic immunity from ancient periods to modern diplomacy. Key points included are that diplomatic immunity first became established to allow for safe negotiations, and the Vienna Convention of 1961 codified current diplomatic law and classifications of envoys such as ambassadors, ministers, and charges d'affairs. The document concludes by outlining the immunities granted to diplomatic agents under the Vienna Convention, such as inviolability of person, premises, and communications.
This document discusses different types of state jurisdiction under international law. It begins by defining state jurisdiction as a state's authority to prescribe and enforce laws. It then outlines three main types of jurisdiction: legislative jurisdiction to make laws; executive jurisdiction to enforce laws; and judicial jurisdiction of a state's courts. The document goes on to explain several principles of jurisdiction, including the territorial principle giving a state authority over events in its territory, the nationality principle over its nationals abroad, and the protective principle over threats to the state's security.
State immunity is a principle of international law that exempts a state from legal prosecution or lawsuits in another state's domestic courts. This stems from the principle of equality between states under international law - that one state cannot exercise authority over another equal state without its consent. As such, under the doctrine of state immunity, a state cannot be sued by another state or private individual without expressly or implicitly waiving its immunity. The Philippines constitution adheres to this principle of state immunity for the government. However, immunity can be waived through legislation, contracts, or filing a complaint that exposes the state to counterclaims.
The study Notes on International Law which I prepared for examinations when I was student of LL.B. II in 2006. Hope it may be helpful in understanding the basics of the subject. But after studying it, the students should through the text books available on the subject.....Thanks
This document discusses the relationship between international law (IL) and municipal law from both a theoretical and practical perspective. Theoretically, there are two main views: dualism, which sees IL and municipal law as separate systems, and monism, which sees them as part of the same legal order. Practically, conflicts can arise when the two regulate the same subject and courts must decide whether to apply IL or municipal law. The document also examines how different countries, including the UK and Malaysia, approach the incorporation or transformation of IL into their municipal legal systems through legislation, judicial decisions, and constitutional frameworks.
The document discusses different legal systems around the world including common law, civil law, socialist law, and Islamic law. It provides details on the common law system, noting that it originated in England and relies on precedents set by earlier cases. Contracts are a key part of common law and require elements like an offer, acceptance, consideration and capacity to be valid. The document also summarizes key aspects of civil law, socialist law, and Islamic law.
This document provides an overview of international law and political science topics. It discusses the structure of international treaties and agreements, and how they are negotiated and ratified by legislators. It also covers different areas of international law including economic law, security law, criminal law, environmental law, diplomatic law, humanitarian law, and human rights law. The document outlines the hierarchy of international law sources including treaties, custom, and general principles. It discusses how international law interacts with and can supersede domestic/local laws in certain cases.
This document discusses the public/private distinction in law and how it relates to international investment law (IIL). It provides background on how the public/private distinction developed historically and identifies two dimensions to the public/private debate in IIL - how IIL is characterized and the balance it strikes between public and private interests. The document also summarizes two approaches to defining standards of treatment in bilateral investment treaties and argues that a public law approach is most appropriate for IIL.
This document provides an overview of private international law. It discusses how private international law regulates legal relations between private individuals across national borders, balancing international harmony and state sovereignty. It addresses a broad range of issues like contracts, family law, and enforcement of foreign judgments. The document outlines general rules of private international law, such as the law governing marriage validity and succession of immovable property. It also discusses key issues that arise in applying private international law, such as determining the applicable procedural and substantive laws. Overall, the document introduces the topic of private international law and its role in resolving private disputes with international elements.
392655474-Ppt.not the latest one but stillSecretSecret44
Public International Law outlines key concepts in international law. It discusses the principles of par in parem non habet imperium, which means that all states are equal regardless of size or status, and pacta sunt servanda, which means that states must comply with treaties in good faith. Public international law applies to sovereign states and other international entities. It is distinguished from private international law, which deals with conflicts between domestic laws involving foreign elements. International law can become part of domestic law through the doctrines of incorporation or transformation. Primary sources of international law include treaties, customary international law, and general principles of law recognized by civilized nations.
This document provides an overview of Hong Kong's legal system, including its sources of law and key components. It notes that Hong Kong follows a common law system with laws derived from local legislation and precedents, as well as English common law. The document also discusses the Basic Law as Hong Kong's constitutional document, and outlines different areas of law like criminal law, civil law, public law and private law. It provides context on Hong Kong's legal history and transition to a special administrative region of China in 1997.
EFL arises when a domestic rule must be preferred over an inconsistent foreign rule. There are three situations where a foreign law may be excluded: 1) foreign revenue, penal, and public laws, 2) foreign expropriatory legislation, and 3) foreign laws repugnant to public policy. Courts will not enforce foreign laws that involve an assertion of sovereign authority by one state in another state's territory, such as claims to recover taxes or enforce confiscation decrees. The situs of the property in question and the state's control over it outside its territory are also considered for foreign expropriatory legislation.
International business law covers many topics including international law, conflict of laws, and economic law. The document outlines the key concepts of international law including what international law is, how it is made through treaties and customs, its sources, scope of application, and subjects like states, international organizations, and individuals. International law governs relationships between states, persons and states, and persons with each other. It is a binding legal system created through the consent of states based on their practice and beliefs.
PRIVATE INTERNATIONAL LAW By Sonali Renusesonalirenuse2
This document discusses the concepts of private international law and conflict of laws. It begins by defining private international law as the branch of law that is applied when legal relationships involve foreign elements from different national legal systems. It then covers various topics within private international law, including different legal systems, public vs. private international law, how different countries approach conflict of laws, and key concepts like jurisdiction, choice of law, and recognition of foreign judgments. The document also discusses theories of private international law like territorialism and comity, areas of law it covers, and efforts towards unification and codification of private international law globally.
International Law governs relationships between sovereign states. Private International Law regulates private legal issues that cross international borders. It balances international harmony with sovereign powers and private interests. Private International Law addresses a broad spectrum of issues like contracts, family law, and judgments. It determines which laws apply when legal issues involve citizens or jurisdictions of multiple countries. General rules include applying the law of the place of marriage or property location. Private International Law seeks to resolve foreign disputes domestically by determining applicable procedural and substantive laws.
International law comprises rules governing relations between sovereign states and individuals of different states. It can be classified into public international law, which relates to laws between states, and private international law, concerning relationships between individuals of different states. International law is significant as it regulates state conduct and maintains laws regarding individuals, covering areas like refugee laws, narcotics treaties, and human rights. While international law has limitations due to state sovereignty, it can still play an important role in regulating global affairs through treaties and conventions.
Second Conference in International Inter-Tribal Trade at
Thompson Rivers University, Faculty of Law
(Kamloops, BC - November 12, 2016). Presented by Michael Woods, Partner – Woods LaFortune LLP.
This document provides an overview of the key differences between civil law and common law legal systems. It discusses the origins and development of both systems. Specifically, it notes that civil law originated from Roman law and codes established by legislatures, while common law developed from customs and judicial precedents established in English royal courts. The roles of judges also differ, with civil law judges applying written codes and common law judges respecting the principle of stare decisis to follow precedents set in prior similar cases.
International law regulates relations between sovereign states and between states and international organizations. While international law is primarily made through treaties between states, it can also affect other entities like corporations and individuals. International law differs from domestic law in that it lacks a supreme lawmaking body and compulsory enforcement mechanisms. However, states generally obey international law to promote stability and predictability in their relations. Major subjects of international law are states and international organizations, though other entities can also be recognized under international law depending on the circumstances. International law interacts with domestic law in complex ways that theories of monism, dualism, and harmonization seek to explain.
International law regulates relations between sovereign states and between states and international organizations. While international law is primarily made through treaties between states, it can also affect other entities like corporations and individuals. International law differs from domestic law in that it lacks a supreme lawmaking body and compulsory enforcement mechanisms. However, states generally obey international law to promote stability and predictability in their relations. Major subjects of international law are states and international organizations, though other entities can also be recognized under international law depending on the circumstances. International law interacts with domestic law through various theories like monism, dualism, and harmonization.
This document defines international law and discusses its main sources. It begins by providing definitions of international law from several jurists. It then distinguishes between the two main kinds of international law: public and private. Public international law regulates relations between states and other entities, while private international law determines which law applies in cases involving foreign elements. The document also discusses whether international law can truly be considered law given its lack of enforcement mechanisms compared to domestic law. Finally, it outlines the six main sources of international law according to the ICJ statute: treaties, customs, general principles of law, judicial decisions, writings of jurists, and other sources.
INCLUDED:
- Statehood and Sovereignty
- Non-state as Legal Actors
- United Nations
- Globalisation
- Global Human Rights Issues & Refugees
- Genocide
- European Union
- Environmental Degradation
- Overpopulation
- Terrorism
- World War I
- Communism vs Democracy
- Arm Race and Arm Control
- Biodiversity Loss
Note: Some parts, such as the advantages and disadvantages, has the '@' or has multiple options. This is because they were taken from various sources from the internet and books and there are just too many of them to choose from. Just choose the ones that you are able to memorise. If there's anything else that you don't understand from the notes, do leave a comment.
Chapters/topics that are NOT INCLUDED in the notes are:
- USA as Sole Superpower
- Primary Healthcare
- Other Regional Organisations such as OIC, ASEAN, etc.
- Poverty/Global Economic Issues/World Bank/IMF
- Others that are not stated in the included above
TIPS!
- Print on both sides but make sure to separate the chapters (don't mix two chapters on both sides of a piece of paper).
- Do not abandon the lecture notes that are given to you by the lecturers completely. Instead, combine those notes with this (in case there are incomplete information anywhere -- you'll get the best of both worlds).
- The font might seem to be too small but they're actually readable after printed.
If anyone wants the slides for any UiTM Foundations in Law subjects for Semester 2, feel free to leave a comment too.
Good luck and all the best!
This document provides an overview of key concepts in business law in India. It begins with definitions of law and the need for understanding business laws. It outlines the sources of business law in India, including English mercantile law, statute law, common law, and customs/usages. The document then covers the law of contracts in detail, providing definitions of contract and agreement, essential elements of a valid contract, and distinguishing features of contracts versus other types of agreements. Key acts governing business in India are also listed.
The document provides an introduction to business law, outlining key concepts such as the definition of law, the need for law in society, the main branches of law including constitutional, administrative, criminal, and civil law. It discusses sources of business law including statutes, case law, customs and usages. The scope of business law has widened due to increasing business complexities and now includes topics like contracts, commercial transactions, business associations and more.
Similar to Public international law trendtex case_ State Immunity (20)
Purging Misconduct_Supreme Court on Professional Ethics of advocatesManish Kumar
The Supreme Court of India held that an advocate found guilty of contempt of court cannot appear or plead in any court until they have purged themselves of the contempt. To purge oneself, the advocate must genuinely regret their actions and seek sincere pardon from the court. An apology alone is not enough - it must demonstrate real remorse and commitment to not repeat the offense. Only if accepted by the court as genuine can an advocate be considered purged of contempt. The court also directed trial courts to be informed of any advocate's contempt conviction to enforce the restriction.
This document discusses the taxation implications of technology transfer in India. It defines technology transfer and outlines the various types of intellectual property that can be transferred such as patents, copyrights, and trademarks. It also discusses how transfer of technology results in income that is taxed differently depending on whether it is classified as royalty, fees for technical services, or business profits. The document provides details on relevant sections of India's Income Tax Act regarding taxation of income from technology transfer and examines how double taxation avoidance agreements may impact taxation.
Critical Analysis of Dicey Rule of LawManish Kumar
Dicey's conception of the rule of law is criticized on several grounds. First, his view that parliamentary sovereignty means laws cannot be arbitrary or unjust did not anticipate that parliament could pass bad laws. Second, he did not foresee the need for administrative discretion in modern governance. While discretion is necessary, it must still be constrained by rule of law values like fairness. Third, his view of equality before the law overlooked that officials have powers citizens do not, and equality should account for social differences. More recent scholars have proposed updated principles to define rule of law in a way that better protects rights and limits discretion.
Section 3(j) OF Indian Patent Act, 1970Manish Kumar
This seminar presentation discusses various topics related to patents on plants, animals, and biological processes. It provides an overview of relevant Indian laws such as the Plant Variety and Farmers' Rights Act and the Biodiversity Act. It discusses provisions under TRIPS that allow for patents on plants and animals but exclude essentially biological processes. Examples are given of patent applications in India related to transgenic plants, herbal extracts, transgenic animals, stem cells, and fermentation processes. The challenges of patenting life forms from an ethical perspective are also mentioned.
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2. FACTS
The Central Bank of Nigeria - incorporated in 1958 by a Nigerian statute.
Issued legal tender/ acted as banker and financial adviser to the Government of Nigeria.
As banker for other banks and its affairs were under considerable governmental control.
1st October 1960 - freedom of Nigeria.
July 1975 - an irrevocable letter of credit for over $14,000,000 in favour of the plaintiff,
a Swiss company, to pay for 240,000 tons of cement which the plaintiff had sold to an
English company.
Cement shipped to Nigeria - to build government barracks.
The plaintiff shipped the cement to Nigeria - congestion in the port of discharge
Central Bank declined to make payments
Claimed to be due for the price and for demurrage.
300 to 400 ships outside waiting carrying cement. (on demurrage)
It was because the government departments had ordered far too much.
3. Leaving nothing for other vital imports of food and materials.
The crisis was one of the reasons for a change of government in Nigeria
The new military administration - suspended the import of cement into Nigeria.
"unorthodox, imprudent or inequitable."
The new administration launched a "crash programme" - committee to negotiate
The congestion - cleared.
On March 26, 1976, on the bank's application by summons for the writ - set asideon the
ground that it was a department of the Federal Republic of Nigeria and was thereby immune
from suit, Donaldson J. [1976] 1W.L.R. 868, 877, held that
“it is an emanation, an arm, an alter ego and a department of the State of Nigeria"
and ordered that "the injunctions be discharged, the proceedings set aside and all
further proceedings . . . stayed.“.
The plaintiff, disputes this on the ground - ordinary commercial transaction – sovereign immunity
does not apply.
The purchase of cement - by the Ministry of Defence at Lagos from the Pan-African company in London – by
the Pan-African company from Trendtex - and by Trendtex from Alsen-Breitenburg.
4. INTERNATIONAL LAW
The doctrine of sovereign immunity is based on international law. It is one of the rules of
international law that a sovereign state should not be impleaded in the courts of another
sovereign state against its will. Like all rules of international law, this rule is said to arise out
of the consensus of the civilised nations of the world. All nations agree upon it.
So it is part of the law of nations as customary law.
The courts of this country to define the rule as best they can, seeking guidance from
the decisions of the courts of other countries,
from the jurists who have studied the problem,
from treaties and conventions and,
defining the rule in terms which are consonant with justice rather than adverse to it.
5. 1) THE DOCTRINE OF INCORPORATION.
The rules of international law are incorporated into English law automatically and considered
to be part of English law unless they are in conflict with an Act of Parliament.
Barbuit's Case in Chancery (1737) Forr. 280 : Lord Talbot declared a clear opinion -
'That the law of nations in its full extent was part of the law of England, . . . that the law of
nations was lo be collected from the practice of different nations and the authority of writers.‘
2) THE DOCTRINE OF TRANSFORMATION.
It says that the rules of international law are not to be considered as part of English law
except in so far as they have been already adopted and made part of our law by the decisions
of the judges, or by Act of Parliament, or long established custom.
Lord Atkin in Chung Chi Cheung v. The King [1939] A.C. 160:
"So far, at any rate, as the courts of this country are concerned, international law has no
validity save in so far as its principles are accepted and adopted by our own domestic law."
6. The doctrine of incorporation is adopted.
Otherwise courts could ever recognise a change in the rules of international law.
The rules of international law have changed - and do change - and that the courts have
given effect to the changes without any Act of Parliament, it follows to my mind inexorably
that the rules of international law, as existing from lime to time, do form part of our
English law.
STATE IMMUNITY
(i) THE DOCTRINE OF ABSOLUTE IMMUNITY.
A century ago no sovereign state engaged in commercial activities.
It kept to the traditional functions of a sovereign
– to maintain law and order
- to conduct foreign affairs
- and to see to the defence of the country.
most other countries - adopted the rule of absolute immunity. It was adopted because it
was considered to be the rule of international law at that time.
7. ii) THE DOCTRINE OF RESTRICTIVE IMMUNITY.
In the last 50 years there has been a complete transformation in the functions of a
sovereign state. Nearly every country now engages in commercial activities.
- Departments of state
- creates its own legal entities
- International marketing.
- issue letters of credit.
This transformation has changed the rules of international law relating to sovereign
immunity. Many countries have now departed from the rule of absolute immunity.
So many have departed from it that it can no longer be considered a rule of
international law. It has been replaced by a doctrine of restrictive immunity. This
doctrine gives immunity to acts of a governmental nature, described in Latin as jure
imperii, but no immunity to acts of a commercial nature, jure gestionis.
Alfred Dunhill of London Inc. v. Republic of Cuba
"Although it had other views in years gone by, in 1952, as evidenced by . . . the United States abandoned
the absolute theory of sovereign immunity and embraced the restrictive view under which immunity
in our courts should be granted only with respect to causes of action arising out of a foreign state's
public or governmental actions and not with respect to those arising out of its commercial or
proprietary actions.
8. “We must take the current when it serves, or lose our ventures.”: (Julius Caesar, Act IV, sc. III.)
THE MODERN RULE
Rahimtoola v. Nizam of Hyderabad [1958] A.C. 379, 422:
"If the dispute brings into question, for instance, the legislative or international transactions
of a foreign government, or the policy of its executive, the court should grant immunity if
asked to do so, because it does offend the dignity of a foreign sovereign to have the merits
of such a dispute canvassed in the domestic courts of another country: but, if the dispute
concerns, for instance, the commercial transactions of a foreign government (whether
carried on by its own departments or agencies or by settingup separate legal entities), and
it arises properly within the territorial jurisdiction of our courts, there is no ground for
granting immunity."
The Philippine Admiral [1976] 2W.L.R. 214 in November 1975, in the Privy Council;
and Alfred Dunhill of London Inc. v. Republic of Cuba on May 24, 1976, in the Supreme
Court of the United States.
There is a Bill also before the House of Representatives of the United States reported on
September 9, 1976 (now passed into law,Foreign Sovereign Immunities Act of 1976)
9. The Treaty of Rome is part of the law of England - one settled rule for the nine countries
of the European Economic Community:
"the approximation of the laws of member states to the extent required for the proper
functioning of the common market.”
"approximation" in the treaty to mean "harmonisation."
Duty of each state to bring in harmony throughout the European community.
APPLICATION OF INTERNATIONAL LAWIN THE PRESENT CASE:
It was contended by the bank that the contracts of purchase were acts of a governmental
nature, jure imperii, and not of a commercial nature, jure gestionis.
If a government department goes into the market places of the world and buys boots or
cement - as a commercial transaction - that government department should be subject to
all the rules of the market place. The seller is not concerned with the purpose to which
the purchaser intends to put the goods.
10. Trendtex claiming on the letter of credit which is an entirely separate contract. It was a
straightforward commercial transaction. The letter of credit was issued in London
through a London bank in the ordinary course of commercial dealings.
It is completely within the territorial jurisdiction of London courts.
German case. : Y.M.N. Establishment v. Central Bank of Nigeria
ALTER EGO OR ORGAN OF GOVERNMENT :
In some countries the government departments conduct all their business through
their own offices - even ordinary commercial dealings - without setting up separate
corporations or legal entities.
In other countries they set up separate corporations or legal entities which are under
the complete control of the department
Certificate by the ambassador
Test : Look into all the evidence to see whether the organisation was under
government control and exercised governmental functions.
11. STEPHENSON L.J expressed his view this way: "English Courts should be extremely
careful not to extend sovereign immunity to bodies ... not entitled to it.“
SHAW LJ stated that “whether a particular organisation is to be accorded the status of a
department of government or not must depend upon its constitution, its powers and
duties and its activities. There could be no intermediate hybrid status occupied by the
bank where it was regarded as a government department for certain purposes and as an
ordinary commercial or financial institution for different purposes.”
CONCLUSION:
(i) The Central Bank of Nigeria is a central bank modelled on the Bank of England.
(ii) It has governmental functions in that it issues legal tender; and it acts as financial
adviser to the government.
(ii) Its affairs are under a great deal of government control in that the Federal Executive
Council.
(iv) It acts as banker for other banks in Nigeria and abroad, and maintains accounts with
other banks.
THERE IS NO IMMUNITY IN RESPECT OF COMMERCIAL TRANSACTIONS,
EVEN FOR A GOVERNMENT DEPARTMENT.
This case was further cited positively (10 cases) and neutrally (49cases).