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International Law Assess the Legality Seminar Paper

… International Law

Assess the legality of the 2003 American invasion of Iraq in the context of the United Nations Charter provisions governing the use of force. Does the legal position adopted by the United States on the Iraq war a signal the emergence of new norms governing the use of force under International treaty or customary law? Make sure to incorporate the relevant assigned readings into your answer

invasion of Iraq was in violation of Article 2 of the UN Charter. This states, "All Members shall refrain 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."

When you apply this…. [read more]


Problem of International Law and Its Enforcement Essay

… ¶ … International

Law And Its Enforcement

ABBRIEVIATIONS

CIL:

Customary International Law (Kontorovich 2006, ¶ 1).

CISG:

Contracts for International Sale of Goods (Cuniberti 2006, ¶ 1).

FDI:

Foreign Direct Investment (Thomas 2006, ¶ 1).

GATT:

General Agreement on Tariffs and Trade (Reed 2006, ¶ 1).

IL:

International law (Kontorovich 2006, Introduction section, ¶ 2).

U.N.:

United Nations (Cuniberti 2006, Introduction section, ¶ 1).

WTO: World Trade Organization (Reed 2006, ¶ 1).

THE PROBLEM of INTERNATIONAL LAW and ITS ENFORCEMENT

"There are more than 50,000 international treaties,

600 of which cover multilateral trade issues"

(Bourque & de Sousa 2005, ¶ 1)

INTRODUCTION

International Law Considerations

Along with multilateral trade treaties and model laws, harmonized trade rules help ensure goods and services successfully flow from one…. [read more]


Evolution of Commercial Law From the 18th Century to the Current International E-Commerce Era Research Paper

… ¶ … evolution of commercial law from the eighteenth century to the current international e-commerce era, with an eye towards specific crises and responses that led to formation of the current system of general commercial law. These crises include the conflict between national law and the law merchant during the eighteenth century, the emergence of negotiable instruments in the early nineteenth century, the importance of new forms of insurance during the middle of the nineteenth century, the consolidation and monopolization of the Industrial Revolution, and the global effects of the internet on commerce and copyright. Tracing these crises and the legal system's response allows one to better understand how the evolution of commercial law is constituted by a mixture of disruptive change and long-standing legacies,…. [read more]


International Law Affect State Behavior? Term Paper

… The Eichmann case represents a rationalization of human rights violation based on the need to uphold and emphasize cultural values. At a time when Israel was seeking to establish itself as a state, and gain the confidence of Israeli citizens, (as well as the sympathy and support of the global public), Eichmann's due process was not as important as vindication.

Israel's decision to break international law is likely to have been caused by the difficulty related to capturing and extraditing an individual responsible for committing war crimes. An international criminal law would probably have played a very important role in this situation, with Eichmann being judged for the crimes he committed without anyone having to interfere to impede his conviction. The Israeli authorities did not…. [read more]


International Business Expansion Process Dissertation

… 2. Selecting the Country for Recruitment:

The organization has multiple choices to recruit its workforce for its international assignments. It can recruit them from the home country (Parent Country Nationals), target or host country (Host Country Nationals), or from some third country (Third Country Nationals). Just like international business expansion is a more complex process than local expansion, international recruitment and selection process is a more challenging task than local hiring. The selection, placement, benefits and compensation strategies, performance appraisal, and other HR decisions are made at a much larger scale than they are in the local work settings (Sanchez, Spector, & Cooper 2000).

3. Recruitment from the Parent Country:

The middle to higher level managers which international business organizations hire from their home country…. [read more]


International Business Economics the Resource Term Paper

… International Business Economics

The Resource-Based View (RBV) theory suggests that a firm must protect its resources which are valuable, rare, inimitable, and non-substitutable in order to transform its short-term competitive advantage into a sustainable competitive advantage. A typical firm possesses four types of resources which play their individual roles in its operational and financial performance. In addition to its day-to-day business operations, a typical firm also expends some amount on environmental protection and social welfare projects. Research studies suggest that good environmental performance leads to or gives significant support to a firm's financial performance. This paper critically discusses the statement that there exists a win-win relationship between corporate environmental performance and corporate financial performance in the light of Resource-based View (RBV) theory.

The paper starts…. [read more]


Is International Law Really Law? Term Paper

… ¶ … Enforcement of International Law

The argument against international law

International law that is defined as the body of law that is used to effectively govern the legal relationship among or between sovereign states and nations has attracted a protracted debate on whether it is really law. International law has also been noted to consist of rules as well as general application principles that deals with the conduct of states as well as international organizations in regard to their international relations with each other as well as with minority groups, private individuals as well as transnational corporations (Beckman and Butte 1).Several scholars have engaged in arguments with the aim of determining if international law is really law. D'Amato (1) pointed out that several scholars…. [read more]


Canadian Business and the Law Term Paper

… Financial ethics is Canada advocate for ethical behaviors in trading practices, sales practices, tax payment, consultancy services, trading conditions, financial contracting, auditing and executive compensation among others.

Ethics of human resource management advocate for ethical practices by employers in Canada during the recruitment or selection process of new employees, during orientation, performance appraisal, training and development. The industrial relations, health and safety issues are also covered in the ethics of HRM. Important to note is that in the recent past, ethics of HRM in Canada have been reviewed to include discrimination issues at the work place, fairness of the employment contract and privacy of both the employer and the employee.

The ethics of sales and marketing outline the ethical values, principles and ideas of which…. [read more]


Antitrust Laws Term Paper

… Antitrust Laws in the United States

United States can be considered unique in its formulation and enforcement of antitrust laws. This is because no other country has equivalent body of laws dealing specifically with monopolies and restrictive business practices with the possible exception of Canada. The reason lies in the fact that America has a very dominant, influential and vibrant business world. The United States enjoy a very pre-eminent position in the world of commerce and it would be natural to assume that there exists a connection between economic success and the existence of this special body of law. "The basic antitrust statutes are few in number: The Sherman Act of 1890; the Clayton Act, first enacted in 1914 and significantly amended in 1936 by…. [read more]


To What Extent Does International Law Affect State Behavior Methodology Chapter

… ¶ … international law affect state behaviour?

International Law

The hypothesis of this thesis deals with the effects that the international law has on states' behavior on the international arena. It aims to contribute to the academic debate by trying to prove that strong and weak countries will have the tendency to break or go around the international law, as a global system of regulations often hinders their national interests. Also, the thesis will offer valuable information on the level of influence that the international system of laws has had for the internal and external behavior of states.

Before describing the methodology that this thesis will follow, the three terms of the hypothesis should be explained: strong countries, weak countries, break or go around international…. [read more]


International Marketing International Growth Strategies Essay

… The income group which Smart car can target in India, Pakistan, Turkey, Malaysia, and Thailand is the middle to upper-middle class in the society. DaimlerChrysler will also have to analyze the demographical forces which affect the sales of its Smart cars in every region. China and Japan are the biggest automobile markets in the Asian region. Therefore, DaimlerChrysler will find the largest number of potential customers for its smart cars in these two countries.

Keeping in view a high demand for Smart Cars in the Japanese market, DaimlerChrysler has introduced its 'Smart K' model only in this market. However, it can export this model along with the other top smart car models in the new potential Asian markets in order to increase its product offerings…. [read more]


International Business Competitive Strategy Term Paper

… Porter cites the example of American firms choosing to have labor cost parity instead of exploiting their sources of competitive advantage in the seventies and eighties. On the other hand, Japanese firms accorded greater preference to automation over labor and they were able to achieve greater productivity and lower costs.

There was a stage when Japanese companies were successfully running assembly plants in America; barely years after the U.S. firms had found it unviable to do the same. (Porter, 1990) Different organizational structures and strategies work better in some industries and not so in other industries. For example Italian firms have shown that they are the best in select industries such as lighting, furniture, footwear and woolen fabrics, while German firms seem to have the…. [read more]


International Regulation of Tourism Term Paper

… "

Lake Vostok has since become one of the few causes of disagreement between the international college of nations with interests in Antarctica; the Lake Vostok problems will be outlined later in this report. It is notable, however, even before the controversy and scientific quandaries that have vexed scientists and nations the past few years. Not since 1858, when Africa explore John Speke first stood on the banks of Lake Victoria, the headwaters of the Nile, has a formerly undiscovered body of water of such magnitude been added to the map of the globe. (In the case of Lake Victoria, however, it was only a 'discovery' to Europeans and Americans and those of other continents; Africans had known of it all along. The same cannot…. [read more]


International Management When Businesses Go Term Paper

… After establishing its presence in these cities of the country, Fast Communications can expand its operations to other cities and towns in order to grow on a continuous basis.

4. Technological Forces:

Fast Communications operates in the telecommunication industry. Therefore, it not only has to make huge investments on Research and Development in its own country, but also has to keep itself abreast of the changes in the technological environment in the entire world. While penetrating in the Australian market, Fast Communications will first have to analyze the competitive environment in the country, i.e. The strategies and actions of the local firms in Australia. In order to keep itself on the competitive edge, Fast Communications will have to provide products and services that are advanced,…. [read more]


Exporia's Plea Concerning Ban Term Paper

… Imporia tested and assessed the risk of Exporia's corn beer contamination by relying on inaccurate data. Imporia recognizes that studies relating to presumed beer contamination by the NAQB represent a minority view. Exporia believes that a risk assessment must come from a unified conclusion from the mainstream scientific opinion representing various scientists taking different views. Divergence therefore is advantageous and is an indication of equal balance of scientific opinion. The failure of Imporia to institute a process that would incorporate divergent scientific opinion is considered by Exporia as an act in bad faith. Besides, it is an indicator of lack of a reasonable relationship between SPS measure and Imporia's risk assessment. The reliance of result from the NAQB, as opposed to FAO and WHO without…. [read more]


English Right of Set-Off Term Paper

… And, according to the Court of Appeals, claims that are merely contingent at the relevant date, but are not "due" are not employed in a set-off.

The right of combination differs from the right of set-off because, unlike set-off which assumes independent obligations between parties, combination allows full balancing of all liabilities. Unless there is an express or implied agreement to keep accounts separate, even accounts that are different in nature have been considered to be automatically combined in determining the final balance upon insolvency. The cases do not seem to offer a perfectly predictable rule, but generally there is an implied agreement that a loan account in debit and a current account in credit should be treated as separate. Unlike the right of set-off,…. [read more]


International Relations Theory and United Essay

… As an external party, the United Nations has become one of the most evident forms of intervention in violent conflicts as the international level.

Actually, among the current external or third parties, the United Nations has a special place at the international level because of its mission of being the magnificent guardian of international security and peace (Yilmaz, 2005, p.14). Consequently, conflicting parties tend to usually expect more from the United Nations than the other third-parties, which may have necessary resources to exploit the conflict.

Since the international relations theory goes beyond the maintenance of pace and reducing the possibility of war, it explains UN contribution to peace as third-party intervention. This is largely because UN peacekeeping goes beyond the mere coping with physical violence…. [read more]


International Terrorism State Department Defines Modern Thesis

… International Terrorism

State Department defines modern terrorism as "premeditated and politically motivated violence by sub-national groups or clandestine agents against non-combatant targets" often to influence a particular audience.

The Federal Bureau of Investigation describes it as:

…"the use of serious violence against persons or property, or the threat to use such violence, to intimidate or coerce a government, the public, or any section of the public in order to promote political, social or ideological objectives."

The British government's formulation for many years now defines modern terrorism as "the use of violence for the purpose of putting the public or any section of the public in fear." United States domestic law, U.S. Code Title 18 Section 2331, provides a legal definition of international terrorism as used…. [read more]


Rule of Law Today in China Research Paper

… China and the Rule of Law

A kind of democratic transformation is underway in Communist China, and that is thanks in no small part to China's race toward modernity. Such modernity, however, is highly dependent upon China's ability to operate according to a respectable rule of law. Therefore, everywhere in China the rule of law is touted as the center of its new and rising ethos (Peerenboom 2002:1). Meanwhile, China is poised to have the largest economy on the globe in the 21st century and desires to keep its 20th century setbacks well behind it. If "the hallmarks of modernity are a market economy, democracy, human rights, and rule of law," (Peerenboom 2002:1) then China hopes to be well on its way to being perceived…. [read more]


Environmental Crime Tort Laws Are Designed Essay

… Environmental Crime

Tort laws are designed to protect individuals, groups or organizations against undue harm as a result of malice, negligence of willful recklessness. The key characteristics of tort concern the nature of the relationship between plaintiff and defendant, the degree of injury definable in the plaintiff and the liability of the defendant in the provocation or affliction of this injury. Usually, among the rudimentary factors in determining whether or not a party has some responsibility to those individuals negatively affected by some practice or incident at the behest of said party is that of a non-contractual association, with regards to negligence resulting from a more unintended or incidental relationship. So in determining whether or not a plaintiff is entitled to claims of a litigious…. [read more]


Regulation of Banks Essay

… Investment banks also underwrite stock offerings just as they do bond offerings. In the stock offering process, a company sells a portion of the equity (or ownership) of itself to the investing public. The very first time a company chooses to sell equity, this offering of equity is transacted through a process called an initial public offering of stock (commonly known as an IPO). Through the IPO process, stock in a company is created and sold to the public. After the deal, stock sold in the U.S. is traded on a stock exchange such as the New York Stock Exchange (NYSE) or in India on the National Stock Exchange (NSE). The equity underwriting process is another major way in which investment banking differs from commercial…. [read more]


Penalty Law / Civil Essay

… As a result of this objective, KOC, KNPC, and PIC are now owned by the State completely. Finally, by virtue of the law that was devised in the year 1980, KPC was established, and all of the companies were made a part of KPC.

At this point, it is important for us to bring into limelight the aspects of the Kuwaiti law that is particularly relevant to the investment of oil, inside as well as outside the country. A contract is defined as an agreement that creates obligations that are then enforced by law. The fundamental aspects of a contract are consideration, mutual assent, legality, and capacity. In some countries, the aspects of consideration can be fulfilled by a substitute that is reasonably valid. The…. [read more]


Media's Influence Sexual Behaviors Values Essay

… Sexuality comes thus in relation to religious beliefs, however different, but can also be embedded into a culture's identity and social beliefs.

5. Portrayal of sexuality in other cultures

Between January and June 2004, twenty articles on sexuality appeared in various newspapers as concluded by a report from the African Regional Sexuality Resource Centre. (Leclerc-Madlala & Kearney, 2005, p. 16) Despite ?the virtual explosion of sexual imagery, display, and debate in South Africa in recent years, ? The study concluded, ?newspapers were generally conservative and did not wholly reflect the markedly increased national engagement with sexuality. (Leclerc-Madlala & Kearney, 2005, p. 26) This draws attention to the fact that Africa has indeed witnessed the exploitation by the media of sexual behaviors. This is in relation…. [read more]


Nation States Descriptions Essay

… "To take one example, the United Nations Charter is an Institutionalist response to the fact of state power...Norms of sovereign identity and equality seek to create a fictional world in which power is equalized; prohibitions on the use of force seek to shape reality to approximate this fiction" (Slaughter 1995: 726-727).

Liberal theories of international relations similarly take an optimistic view of the progress that is possible if members of the world community work together. Liberalism has been associated with the fostering of democracy as a universal value, rather than upon focusing on stability between state actors like realists. Woodrow Wilson, and his attempt to create the League of Nations at the end of World War I is often said to embody this philosophy. Because…. [read more]


International Trade Theories Essay

… Hence, it is no surprise that the openness that India is currently enjoying is similar to that openness which China underwent over a decade ago. So looking at India now the IMF and WTO is merely helping them within the domains of the trading of products that is currently helping them fulfill 20% of their GDP percentage in the world. Hence, we see a vast difference between the financial assistance that IMF is currently willing to give to China which is comparatively more than that attained by India currently. Also, we do see that the WTO has registered much more expansive trade legislatures with China as opposed to India primarily because they are moving at a much more increase trading rate than India (Lemoine and…. [read more]


Law and Social Justice Term Paper

… ¶ … Social Justice -- Kantian Paradigm

The United States Supreme Court made a judgment in 1976 to allow the fifty states to reinstate capital punishment if they wish to. The state that has put the most convicted criminals to death is Texas. A New York Times article in October, 2011, points out that in his 11 years as Texas Governor, Rick Perry -- a candidate in the Republican Party for president of the United States -- there have been 236 people put to death through capital punishment. Although the governors in Texas do not have a firsthand role vis-a-vis decisions about who dies in Texas' capital punishment cases, Perry made one very controversial decision in 2004. He refused to commute the death penalty for…. [read more]


International Economics Nestle Purina Petcare Company Term Paper

… International Economics

Nestle Purina PetCare Company

Purina is headquartered in the United States, but operates throughout the globe in no less than thirty-eight countries. The company we know today resulted from a 2001 merger between Ralston Purina Company and a subsidy of Nestle. Nestle Purina PetCare Company, the resulting company, is not a publicly traded organization (Purina Website, 2008).

The activities at Purina have been influences by a series of national and international forces and based on the company's adaptability to these forces, the successful outcome was retrieved. These forces include the controllable and uncontrollable features of the domestic, foreign and international environments, alongside with the issues which influence the decision making process and the globalization throughout seven dimensions.

Forces of the Environment

The environmental…. [read more]


EZ Tracker: Analysis of International Business Opportunity Business Plan

… Tracking Company

EZ Tracker

Who We Are

In the fast growth market of Personal Locator Devices (PLDs), ABC Tech-Nic seeks to be a name of reckoning and sought of by the customers.

What We Sell

ABC Tech-Nic will be outsourcing the design and production process of the product to China initially. The software, however, will be developed in-house. The main feature will be its ability to work even in the absence of a mobile tower in the vicinity. Add to that the fact it can be fully customized at the user end; meaning, a very superior product, to the ones available in the market. The ones available in the market are solely meant for commercial purposes. Our product will have a larger range of applications.…. [read more]


International Developments in Corporate Governance Thesis

… International Developments in Corporate Governance

The proper governance of companies will become as crucial to the world economy as the proper governing of countries... strong corporate governance produces good social progress. The two go together. -- James Wolfensohn, President of the World Bank, 2002

The epigraph above is a reflection of the increased amount of attention being directed at corporate governance and the part it plays in promoting international trade and stakeholder confidence. In a day and age characterized by high-profile corporate bailouts in the United States and a shaky global economy, identifying opportunities to improve investor confidence and corporate governance represent timely and valuable enterprises. Today, in Anglo-American contexts, the term "corporate governance" is typically used to describe the means by which a firm's…. [read more]

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