As science has outpaced the development of law or at least the laypersons understanding of it, there is unavoidable complexity regarding what can be admitted as evidence in court. Narco-Analysis is one such scientific development that has become an increasingly, perhaps alarmingly, common term in India. Narco-Analysis poses several questions at the intersection of law, medicine and ethics. Is the procedure for Narco-Analysis is violative of the rights against self incrimination, guaranteed un...
"I doubt whether anybody is going to dissent from the proposition that there has never been a time when there has been so much confusion and doubt about the tests of the validity- or sources- of international law, then the present" is one of the most prevailing statements asserted by R. Jennings in 1981 [1] . Article 38(1) of the Statute of the International Court of Justice 'lists' the sources of International Law. Even though it is commonly regarded as a "complete statement of the sources o...
UNO is an international organization of almost 192 member countries of the world and was founded - rather replaced by the League of Nations some 63 years back in October 24, 1945 in San Francisco, California, shortly after World War -II. No doubt the tragedy, bloodshed, massacre, hunger and nuclear atrocities by the USA gave alarming feelings to the nations to freeing the world from the possibility of wars in future. However, its successes and failures in achieving this objective are still de...
Human rights violations occur within states rather on the high seas or in outer space outside the jurisdiction of any one state.349 Thus, it follows that effective protection and enjoyment of human rights has to come from within the state, the international human rights system seeks to persuade or put pressure on member states to meet their international obligations under human rights instruments that they have ratified or to which they have acceded. There are only two ways through which stat...
It could be argued that Britain is increasingly becoming litigious and a compensation culture may be developing. This argument is not new and it is heralded from all quarters, the newspapers, political discourse and judicial decisions. According to Stephen Byers [1] "excessive litigiousness affects both the economy and the national psyche [2] ." In this essay it would be determined whether there is a growing compensation culture in the United Kingdom (UK), or an urban myth fuelled by the exce...
1.0 Introduction The United Nations Convention on the Law of the Sea (UNCLOS) has been established for many years. There have been several amendments to the convention throughout the course of its life. However, there may be a need to revisit the total convention. With an ever changing world there is a need to keep up with the demands of all maritime nations. Recent activities in the Arctic, as well as other economic activity that are governed by the convention such as fishing, have brought t...
X, the MD of XYZ Building Services Ltd, is considering drafting a standard set of terms and conditions to use in contracts with his customers. Write a report for him explaining Background: In order for the customer and XYZ to be bound by standard terms and conditions there should be a set of criterion filled. These conditions should be treated as exclusion clauses as they are the extreme conditions to be enforced. For these standard terms and conditions to be enforced there needs to be a vali...
It could be argued that Britain is increasingly becoming litigious and a compensation culture may be developing. This argument is not new and it is heralded from all quarters, the newspapers, political discourse and judicial decisions. According to Stephen Byers [1] "excessive litigiousness affects both the economy and the national psyche [2] ." In this essay it would be determined whether there is a growing compensation culture in the United Kingdom (UK), or an urban myth fuelled by the exce...
The legal system has been long prepared to acknowledge liability for physical harm but reluctant to recognize psychiatric harm over almost a century, maybe because of lack of medical expertise on the subject, scope for fraudulent claims, inherent causation difficulties and the concern for "opening the floodgates" to endless actions. [2] Steadily increasing knowledge of psychiatric illness has allowed legal and mental progress to go hand in hand still though claims for pure psychiatric harm ar...
Introduction Today's world of technology it is like an electronic world without borders. Globalization and international trade has become very much convenient with the modern computer technology. The interactive networks like Internet connects and link's everyone in any part of the world. Technology forms the infrastructure of business operations as the world on commerce places greater reliance on technology. The advance of the technology challenges to today's law and introduces greater diffi...
