...International Legal and Ethical Issues LAW/421 December 18,2012 International Legal and Ethical Issues Our society is involved in a global economy that deals with many countries, cultures, business ethics, monetary differences, and government policies. International transactions are made daily through legal channels that are set up to provide a smooth transition between entities. Provisions of legal guidelines assist in providing the parties parameters of acceptable and unacceptable behavior and consequences in respect to legal disputes of transactions. International transactions may include joint ventures, contract negotiations, employee wage compensation, enforcement of corporate contracts, merger and acquisitions, complex litigation, taxes, securities, and many more corporate decisions. The complexity of International law is best served with counsel that is knowledgeable on international affairs, and government policies. Bilingual counsel in several languages is a great asset to the business team as this provides translation effectiveness for a fairer representation in legal matters. International law is a very different forum of law due to the fact it does not have a governing body or set of laws to follow. International law is negotiated between different countries and the policies and laws of each country to meet a satisfactory line of agreement between the two entities. International law encompasses a collection of agreements, treaties, charters, and protocols...
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...Legal Documents as Historical Source I. What is a legal document? A. States an enforceable act, process, duty, obligation, or right II. What are the different types of legal documents? A. Constitutions, licenses, proclamations, historical legal accounts, contracts, laws III. The Role of Religion and Religious Texts A. Can expose the past of religion and historical evidence of its evolution IV. Normative vs. Non-Normative Texts and the Idea of normativity A. The term "normative" is used to describe the way something ought to be done according to a position B. The idea of “normativity” 1. Subjective 2. Expectation vs. reality 3. Values and ethics 4. The realm of ethical analysis C. Non-normative texts are not subjective and impartial 1. Laws are normative 2. Legal documents 3. Historical accounts V. Hammurabi (18th Century BCE) C. First written legal documents D. What does this tell us? VI. The Guanzi (Master Guan) A. Concerning governmental administration, political economy, and public morality B. Key into 7th Century BCE China VII. Court Files A. “Diary of Activity” in 12th Century Song (China) B. Types of court files 1. Calendars, birth and death certificates 2. State history Bibliography Huenergard, John. "Hammurabi." In Berkshire Encyclopedia...
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...Addressing International Legal and Ethical Issues Summary Donna Bass LAW/421 January 18, 2016 Andrew McAdams Addressing International Legal and Ethical Issues Summary When operating a business internationally, there are legal and ethical issues that must be taken into account. The simulation shows that to be successful; a company must understand the issues involved in legal disputes, the practical considerations of taking legal action, what factors can work against the company, and what to do when customs and laws conflict. The issues that can arise when trying to resolve legal disputes in an international transaction can be cultural, ethical, political, and differences in power structures. Before taking legal action, arbitration should be considered as it is less expensive and the outcome would likely be more beneficial that dealing with a foreign court system (University of Phoenix, n.d.). Before taking legal action against a foreign business partner, there are practical considerations to take into account. The cost of legal fees and the chance of winning a court battle against this partner in a court of their country should be considered. Another is the damage that a lawsuit could have on the company's reputation. This action could hurt their chances of obtaining future international partners. Factors that could work against the granting of the sublicensing agreements by CadMex include the fact that the Canadian government and legislators would work to prevent the...
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...AN INTRODUCTION TO INTERNATIONAL LAW "The case against historical objectivity is like the case against international law, that it does not exist" (Sir Isaiah Berlin) International law exists, although it is true it suffers from serious problems relating to foundational concepts of justice and reciprocity and is the subject of unfortunate neglect by scholars. The ALE (American Law Institute) defines international law as "law that deals with the conduct of states and of international organizations and with their relations inter se [among themselves], as well as some of their relations with persons, whether natural or juridical" (Buergenthal & Murphy 2002). More elegant definitions can be found, such as the common one where it can be described as "law that deals with the relationships between states, or between persons or entities in different states." Even simpler definitions can be found reducing it to "laws governing relations between nations." There's an unfortunate tendency for the simplest of definitions to focus only on nation-states, as if nation-state relationships were the only thing that mattered, but the fact is that any entity (even a corporation or a person) which possesses "international personality" is subject to international law. This is important because without including international organizations or personalities, there would be no basis for international trade law, international humanitarian law, or international human rights law. If one's purpose...
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...MARINE ENVIRONMENT LAWS IN MALAYSIA DEVELOPMENT AND COMPLIANCE Outline of Presentation • Introduction • Objectives of Study • Methodology • Development of Marine Environment Laws in Malaysia • Compliance with Marine Environment Laws in Malaysia • Conclusions Introduction – Environmental Law • Body of international convention, domestic statutes • • • or laws, state or provincial ordinances and local government bylaws that govern human activities which impact the environment. Established to: - avoid tragedy of the commons - eliminate free riders in environmental protection and control of pollution And in response to: - the growing development of environmental ethics - the changing requirement of international law Tool for implementing policies Objectives of Study • Examine marine environment laws in Malaysia in terms of its development and its coverage; • Assess the level of compliance with marine environment laws in Malaysia and what it means in terms of environmental management; and • Identify means to promote compliance with environmental laws. Research Questions • How has marine environmental law in Malaysia changed over the years? • Are our laws adequate in dealing with marine environment issues? • What is the level of compliance with our marine environment laws? • Can the compliance level be improved? • What are the factors which drive environmental law development in Malaysia? Methodology •...
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...A problem involved in determining legal arguments in international transactions consist of but are not limited to the authorization of contracts designed to defend both parties. The choices of clause which the game gave use to pick from when resolving a dispute and if arbitration if used will be binding or nonbinding. Some more concerns would be the political situation, dominant international laws and cultural issues. This would affect the success or dissatisfaction of the business venture. Something else to think about when determining legal disputes in international transactions is the gauge. When the government stands in the legal actions. It is necessary to learn if the certain countries government can overrule any choices made by the companies Practical thoughts on taking legal action against a foreign business partner based in another country. Some practical considerations of taking legal action contrary to a foreign business partner based in a different country include looking out for the best interest of the company your represent as well as future business ventures with the company or country you are in business with. One would also have to take into consideration economic, legal, and ethical associations. The economy of the country that you are contracted with may have ulterior motives in the business arrangement. There may be something that they are benefiting from that you are not. The legal issues may or may not coincide with the legalities of the company that...
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...the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences, and engage in the same intellectual and social life as American students. This issue of Duke Law Magazine provides...
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...the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences, and engage in the same intellectual and social life as American students. This issue of Duke Law Magazine provides...
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...DEPARTMENT OF THE ARMY FIELD MANUAL FM 27-10 THE LAW OF LAND WARFARE This copy is a reprint which includes current pages from Change 1. DEPARTMENT OF THE ARMY - JULY 1956 *FM 27-10 FIELD MANUAL No. 27-10 DEPARTMENT OF THE ARMY WASHINGTON 25, D. C., 18 July 1956 THE LAW OF LAND WARFARE DISTRIBUTION RESTRICTION: Approved for public release; distribution is unlimited. P This manual supersedes FM 27-10, 1 October 1940, including C 1, 15 November 1944. 1 2 FM 27-10 C1 CHANGE No. 1 HEADQUARTERS DEPARTMENT OF THE ARMY WASHINGTON, D. C., 15 July 1976 THE LAW OF LAND WARFARE FM 27-10, 18 July 1956, is changed as follows: Page 5. Paragraph 5 a (13) is added: (13) Geneva protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous, or Other Gases, and of Bacteriological Methods of Warfare of 17 June 1925 (T. I.A .S. —), cited herein as Geneva Protocol of 1925. Page 18. Paragraph 37 b is superseded as follows: b. Discussion of Rule. The foregoing rule prohibits the use in war of poison or poisoned weapons against human beings. Restrictions on the use of herbicides as well as treaty provisions concerning chemical and bacteriological warfare are discussed in paragraph 38. Page 18. Paragraph 38 is superseded as follows: 38. Chemical and Bacteriological Warfare a. Treat Provision. Whereas the use in war of asphyxiating, poisonous or other gases, and of all analogous liquids, materials or devices, has been justly condemned by the general opinion...
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...Addressing International Legal and Ethical Issues Simulation Summary 1. What are the issues involved in resolving legal disputes in international transactions? The issues involved in resolving legal disputes in international transactions include but are not limited to the signing of contracts designed to protect both parties, choice of clause, which forum to use when settling a dispute and if arbitration, if used, will be binding or nonbinding. Something else to think about when resolving legal disputes in international transactions would be to gauge when the government stands in the legal proceedings and to find out if the particular countries government can overrule any decisions made by the companies. Other issues would include the political situation, dominant international laws and cultural issues that would influence the achievement or disappointment of the business venture. 2. What are some practical considerations of taking legal action against a foreign business partner based in another country? Some practical considerations of taking legal action against a foreign business partner based in another country include looking out for the best interest of the company your represent as well as future business ventures with the company or country you are in business with. One would also have to take into consideration economic, legal, and ethical associations. The economy of the country that you are contracted with may have ulterior motives in the business arrangement...
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...Advances in technology and weaponry have revolutionised warfare since time immemorial, where inventions such as the chariot, canon powder and the airplane effectively changed the landscape of warfare.1 The law of armed conflict (LOAC) that exists today has developed as a reaction to the atrocities committed in the past; the four Geneva Conventions and the Additional Protocols of 1977 originated as responses to the increased suffering of civilians in armed conflict due in part to developments of weapon technology.2 The legal instruments to regulate the application of these advances in technology can barely keep up with challenges resulting from the rapidness of the advancement of contemporary military technologies. Moreover, recent technological advances raise the prospect of upheavals in practice so fundamental that they challenge assumptions underlying long-established international laws of war.3 This is because advances in technology have dramatically affected the weapons and tactics of future armed conflict, the “places” where conflicts are fought, the “actors” by whom they are fought, and the “means and methods” by which they are fought.4 These changes stress the fundamental principles of the LOAC, thus undermining its ability to regulate the conduct of hostilities; namely, by posing challenges to the principles of distinction, proportionality, military necessity and unnecessary suffering. This essay aims to assess the impact technology has had upon the LOACs...
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...Drone Strikes, Effective Weapon in the War on Terrorism? William DeJarnette United States Diplomatic History November 21, 2014 September 7, 2009, in Machi Khel in Mir Ali, North Waziristan, Pakistan. At 20,000 feet death silently, stealthily, knifed its way through the afternoon sky. Two drones, operated by American Air Force drone pilots 7,000 miles away in Nevada, USA, had been hovering over the area throughout the day. Modern warfare and the fight against terrorism were about to greet Sadaullah Wazir and his family as they reentered their home after evening prayers in the garden. Moments later an explosive concussion from missiles launched by the drones rocked the neighborhood and body parts flew in every direction. Senior al Qaeda leader Ilyas Kashmiri was killed in his car as it entered the village. However, injured in the attack at the same time were fifteen-year-old Sadaullah and several others. Three of Wazir’s family members were killed. Wazir awoke in a hospital the next day, minus both legs and an eye. Objective met, target Kashmiri eliminated. Collateral damage is just another acceptable part of the plan. The Living Under Drones project interviewed Khalid Raheem, an elder in his community in Pakistan. Raheem is bewildered by the current state of affairs in his country. He states that they knew nothing about where the US was or what type of people lived there. They did know that the US supported the Taliban in their fight against the Soviets, until the Soviets...
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...• What are the issues involved in resolving legal disputes in international transactions? International transactions and dispute resolutions require both an understanding of the law and a sensitivity to foreign culture, politics, formal and informal power structures and decision-making approaches. Whether acquiring assets in the U.S., forming a joint venture with an Asian company, or enforcing a contract provision with a European supplier. When entering into agreement with another country it is imperative the contract is legally enforceable. With international business transactions both parties should also be aware of changes that are made to international laws and regulations. • What are some practical considerations of taking legal action against a foreign business partner based in another country? Practical considerations of taking legal action against a foreign business partner based in another country are the laws of the country and the possibility that if legal action is taken that country could deny further business transactions. Also to be considered is the standing business relationship between the two countries and the situation itself. For example, legal action may not be the best idea if the country has been faced with major crisis. Instead opting not to take action and receiving compensation may be the better way to go. If there is a good standing relationship one may be able to trust that the country will make good on it. • What factors could work against...
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...Ad idem ‘12 | Jurisdictional Issues in Cyber Crimes | | | | | Arashdeep Singh Gurm Address: #181 Anand Nagar A, Gurudwara Street Patiala(147001) E-Mail Id: arashdeepgurm@gmail.com Contact Number: 7508729986,9646020181 RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB Mohindra Kothi, Mall Road, Patiala - 147 001 (PUNJAB) | ABSTRACT In this essay I wish to discuss the various types of crimes that are emerging with special reference to developing countries like India By developing we mean where growth of Information Technology is rampant but still it has not reached its peak. Cyber crimes can take place across various jurisdictions and hence the legal issue of jurisdiction of International Courts and country specific Indian Courts arises. Throw light on the present system in India, how it is ineffective and also upon international treaties and legal solutions to deal with the same. I have suggested possible ways to tackle the problem taking into consideration the domestic laws in India. The inefficiency of legislature to enact a more user friendly law is also examined in detail. Turning back our focus on the main legal dilemma of Jurisdiction of Cyber Crime Courts we have suggested a model that would be successful in India taking into consideration its working in other countries. In my concluding remarks a problem solution approach is taking where we have addressed the issue and after due consideration the solution is suggested. If proposal taken...
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...Handbook on International Moot Court Competitions Preparation & Research Methodology This Handbook is intended to serve as a starting point in the preparation for International Moot Court Competitions. In doing so, it explains what international mooting is, the research methodology involved and the most useful resources available for its preparation. It also provides for the approach one needs to adopt in both oral and written requirements of an international competition which significantly differ from national mooting. The objective behind providing this Handbook is the institutionalisation of standard mooting practices. To this end, it documents the most commonly agreed to and widely followed methods of mooting. It needs to be emphasised that this Handbook is not exhaustive on the areas it touches upon. It is presumed and expected that the reader would go well beyond this Handbook in the course of his/her preparation. The following words of Oscar Wilde express this quite succinctly "Education is an admirable thing, but it is well to remember from time to time that that which is worth knowing cannot be taught." Contents 1. Areas of Law involved 2. Difference between International Law & Municipal Law 3. Difference between International Law Dispute Resolution and Municipal Law Adjudication 4. Steps involved in International Law Moot research 5. Sources of International Law 6. Research resources for various sources of International...
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