Certain Selling Arrangements "The introduction of 'certain selling arrangements' has imposed an unnecessary straitjacket on the development of the Keck principle. Not only is the Keck formula too narrow; paradoxically, it is also too broad in that it catches 'dynamic' measures (such as restrictions on advertising) and therefore takes them outside the scope of Article 28 even though they do affect inter-state trade." (C. Barnard, The Substantive Law of the EU. The Four Freedoms (OUP 2d ed.) at...
The Indian Penal Code, 1860 (hereinafter IPC), drafted by T. B. McCauley and his colleague law commissioners, reflected the then prevailing sexual norms in India, criminalized 'rape' - a coercive non-consensual (as well as consensual in a set of specified circumstances) sexual intercourse with a woman. S.375 [1] of the Indian Penal Code describes six circumstances in which the offence of rape is said to be committed. In these, the first and the second clauses are representative of the element...
The written assignment will look at how legislation passed in the United States, the United Kingdom and South Africa have criminalised child pornography on the internet and the challenges that are faced in these jurisdictions in defining criminal conduct. This will be discussed by first looking at the difficulties experienced in policing the internet when trying to monitor this type of criminal conduct and look at the legislation enacted in the United States, The United Kingdom and South Afri...
Parental Responsibility Rosie requires advice concerning Kylie, 12, and Sam 7. We shall assume Steve has no parental responsibility for the children as stipulated by s.2(1) of the Children Act 1989, as the deceased Mother retained all rights over the children before her death. Upon the mother's death, the grandmother, Rosie was appointed legal guardian of the children under s.5(6), and therefore has parental responsibility for Kylie and Sam. The social worker has indicated that an investigati...
Extra Judicial Punishments And Killings Extra Judicial Killing is the killing of a person by governmental authorities without the sanction of any judicial proceeding or any legal process. Extrajudicial Punishments are unlawful by nature, because they break the process of legal jurisdiction in which they occur. Most of the times Extra Judicial Killing targets the leading politicians, religious figures, trade unions leaders and sometimes socially popular figures. Extra Judicial killings are car...
Trafficking of human beings from the standpoint of international law means "the recruitment, transportation, transfer, harboring or receipt of persons by threat or use of force or other forms of coercion, of abduction, of fraud, deception, abuse of authority or position of vulnerability or the giving in the form of payments or benefits to achieve the consent of a person having control over another person. Exploitation includes forced labor or services, prostitution of others or other forms ...
`There is no modern precedent for today's economic meltdown. The ground has shifted. Our industry has been shaken. This is the most difficult situation that the industry has faced' said international air transport association. Recession is the most significant factor impacting the industry's bottom line, the revenues declining an unprecedented 15%(80billin)(IATA, 2009) this is the worst possible recession in the history because of the economic down turn both private and public sector ar have ...
Introduction The aim of this report is to examine how the United Nations Convention of contract for International Sale of Goods can be applied to an international contract. The purpose of this report is to discuss the importance of the CISG and explain how the relevant articles in the UN convention can protect both parties to an international contract. This report will begin by defining the term characteristics of CISG, obligations of seller and buyer, remedies for breach of contract and avoi...
The psychological contract has been defined as the implicit relationship between an employee and their organization which outlines what each should expect to give and receive in the relationship (Gakovic & Tetrick, 2003; pg 236). Rousseau (2000; pg 9) has defined psychological contract as "the terms of an exchange agreement between individuals and their organizations". It can also be regarded as an individual's beliefs regarding the terms and conditions of a mutual exchange agreement between ...
Peace support operations The United Nations was established 1945 as a global organisation, consisting of nation, to work for and secure world peace. The idea at the time was that the organisation where to be a collective security organisation. If one of the members did not follow the UN charter the rest of the members where to react and punish the violator. Because of the cold war's bipolar politics the Security Council was not able to agree with anything. The result was that the UN only cond...
