...giants, increasing the need for joint business ventures and trading partnerships that contribute to the growth of China, India and Latin America. In order to evaluate the relation of Latin American countries with China and India, it is important to analyze the legal systems and regulatory business environments of the Chinese and Indian governments. By developing a concise comparison between China and India, this paper will eventually evaluate which country has more to offer to Latin American economies. Such comparison will be based upon aspects such as legal backgrounds and traditions, basic business regulations, trade laws and others, to finally conclude what sort of government is more appealing to Latin American economies. In the first place, it is important to consider that most of Latin American countries have legal systems based upon the civil law tradition, perceived by many as a more predictable system when compared to common law. In business transactions, predictability can be a great incentive when paired to similar legal frameworks. Contrarily, differences between the legal systems of two contracting...
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...Cabot lands in North America. 1513: Ponce de Leon claims Florida for Spain. 1524: Verrazano explores North American Coast. 1539-1542: Hernando de Soto explores the Mississippi River Valley. 1540-1542: Coronado explores what will be the Southwestern United States. 1565: Spanish found the city of St. Augustine in Florida. 1579: Sir Francis Drake explores the coast of California. 1584 – 1587: Roanoke – the lost colony 1607: British establish Jamestown Colony – bad land, malaria, rich men, no gold - Headright System – land for population – people spread out 1608: French establish colony at Quebec. 1609: United Provinces establish claims in North America. 1614: Tobacco cultivation introduced in Virginia. – by Rolfe 1619: First African slaves brought to British America. 15. Virginia begins representative assembly – House of Burgesses 1620: Plymouth Colony is founded. - Mayflower Compact signed – agreed rule by majority • 1624 – New York founded by Dutch 1629: Mass. Bay founded – “City Upon a Hill” - Gov. Winthrop - Bi-cameral legislature, schools 1630: The Puritan Migration 1632: Maryland – for profit – proprietorship 1634 – Roger Williams banished from Mass. Bay Colony 1635: Connecticut founded 1636: Rhode Island is founded – by Roger Williams 23. Harvard College is founded • 1638 – Delaware founded – 1st church, 1st school • 1649 – Maryland Toleration Act – for Christains – latter repealed ...
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...Business law assignment Business Law Assignment Common law and stare decisis Common law is all that law that is made by judges. It is initiated by citizens when they file cases in courts. Stare decisis is a term used in the common law to mean that decisions made in court cases should be based on previous decisions. It simply means that the decision should stand. It therefore means that in business, this is a principle that can assure a business person of the ruling of a case that is similar to the previous. Rulings in business cases are hence made predictable. Bailment It is where a person delivers his personals to someone else for safety keeping. Bailor is the one delivering property while the one receiving is the bailee. It involves delivery of goods to somebody else in trust creating a contract either express or implied. The bailee must be willing to possess the property physically but is not entitled to use it. In business transactions, the bailee has both the duty of care and responsibility to re-deliver the property. Statute of frauds This is a requirement that certain contracts like sale of goods that exceeds a certain value, land sale or a guarantee of debt be made in writing and then signed to prevent perjury and fraud. Two sophisticated business corporations may enter into a joint venture say of about 10 years. There are different negotiations that they engage in and one party promises that it will join the negotiations in time. In case the party fails to...
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...CONSTITUTION OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA - FDRE TABLE OF CONTENTS Preamble Chapter 1 Chapter 2 Chapter 3 Chapter 4: Chapter 5: Chapter 6: General Provisions Fundamental Principles of the Constitution Fundamental Rights and Freedoms Part 1 Human Rights Part 2 Democratic Rights State Structure The Structure and Division of Powers The Federal Houses Part 1 The House of Peoples' Representatives Part 2 The House of the Federation The Presidence of the Republic The Executive Structure and Powers of the Courts National Policy Principles and Objectives Miscellaneous Provisions Chapter 7: Chapter 8: Chapter 9: Chapter 10: Chapter 11: i PREAMBLE We, the Nations, Nationalities and Peoples of Ethiopia: Strongly committed, in full and free exercise of our right to self-determination, to building a political community founded on the rule of law and capable of ensuring a lasting peace, guaranteeing a democratic order, and advancing our economic and social development; Firmly convinced that the fulfillment of this objective requires full respect of individual and people’s fundamental freedoms and rights, to live together on the basis of equality and without any sexual, religious or cultural discrimination; Further convinced that by continuing to live with our rich and proud cultural legacies in territories we have long inhabited, have, through continuous interaction on various levels and forms of life, built up common interest and have also contributed...
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...Law Environment and Development Journal LEAD REVIEW OF NESREA ACT 2007 AND REGULATIONS 2009-2011: A NEW DAWN IN ENVIRONMENTAL COMPLIANCE AND ENFORCEMENT IN NIGERIA Muhammed Tawfiq Ladan COUNTRY LEGISLATION 8/1 VOLUME LEAD Journal (Law, Environment and Development Journal) is a peer-reviewed academic publication based in New Delhi and London and jointly managed by the School of Law, School of Oriental and African Studies (SOAS) - University of London and the International Environmental Law Research Centre (IELRC). LEAD is published at www.lead-journal.org ISSN 1746-5893 The Managing Editor, LEAD Journal, c/o International Environmental Law Research Centre (IELRC), International Environment House II, 1F, 7 Chemin de Balexert, 1219 Châtelaine-Geneva, Switzerland, Tel/fax: + 41 (0)22 79 72 623, info@lead-journal.org Country Legislation REVIEW OF NESREA ACT 2007 AND REGULATIONS 2009-2011: A NEW DAWN IN ENVIRONMENTAL COMPLIANCE AND ENFORCEMENT IN NIGERIA Muhammed Tawfiq Ladan This document can be cited as Muhammed Tawfiq Ladan, ‘Review of NESREA Act 2007 and Regulations 2009-2011: A New Dawn in Environmental Compliance and Enforcement in Nigeria’, 8/1 Law, Environment and Development Journal (2012), p. 116, available at http://www.lead-journal.org/content/12116.pdf Muhammed Tawfiq Ladan, Professor of Law, Department of Public Law, Faculty of Law, Ahmadu Bello University, Zaria, Nigeria, Email: mtladan@gmail.com Published under a Creative Commons Attribution-NonCommercial-NoDerivs...
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...way the topic is couched suggests that we are to limit our discussion of vocational education to its technical segment. In other words our focus shall be only on technical vocational education. But then we need to understand the meaning of general vocational education. A definition that I prefer for its simplicity and comprehensiveness defines vocational education as ‘any form of education whose primary purpose is to prepare persons for employment in recognised occupations’ (Okoro, 1993:1) 3. It is obvious therefore that vocational education is a term that is more all-embracing than technical education which O.M. Okoro defines as ‘a postsecondary vocational training programme whose major purpose is the production of technicians’ 4. The National Policy on Education defines technical and vocational education ‘as a comprehensive term referring to those aspects of the educational process involving, in addition to general education, the study of technologies and related sciences and the acquisition of practical skills, attitudes, understanding and knowledge relating to occupations in various sectors of economic and social life’. Technical education can therefore be seen as the formal training of persons to become technicians in different...
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...more importantly: background information about some of the critical ways in which the American legal system is unique, and differs from legal systems elsewhere in the world. This is hard: often you will find that your professors or fellow‐students will make assumptions or presuppose certain ways of doing things that aren’t explained in class. A large goal of this course is to explain those assumptions, and make them explicit. >> UNIQUENESS OF AMERICAN LEGAL SYSTEMS Briefly, there are four aspects of the American legal system that set it apart: 1) Inherited common law, existing out of three components: (a) judicial power; (b) civil jury trial; (c) law‐equity ; 2) Written Constitution and Bill of Rights; judicial...
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...authoritarian rule of a military junta. I was in Thailand as the representative of the Center for International Law (Centerlaw), a nongovernment organization founded by my colleague Harry Roque. Centerlaw represents victims of human rights violations, especially persecuted advocates of freedom of expression. It is working to strengthen the network of free expression advocates in Southeast Asia. For four days, I listened to stories of arbitrary arrest and detention, intimidation, and some instances of torture committed by the very government that is supposed to protect the Thai citizenry against such crimes. It is all too reminiscent of the martial rule of Ferdinand Marcos in the Philippines. The Thai military junta, euphemistically known as the National Council for Peace and Order, mounted a coup d’état and ousted the government of Prime Minister Yingluck Shinawatra. The junta imposed martial law when it seized power in May 2014, and while the regime officially lifted it in April 2015, Thailand remains under martial rule because the junta continues to wield executive, legislative and judicial powers. It is all too similar to Marcos who imposed martial law in 1972, officially lifted it in 1981, but continued to act as dictator by exercising executive and legislative powers until he was toppled by people power in February 1986. The Thai junta bans all criticism of its actions. It can jail violators for as...
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...Journal of Politics and Law Vol. 2, No. 3 Accountability from the Perspective of Malaysian Governance Ahmad Faiz Yaakob Faculty of Administrative Science and Policy Studies Universiti Teknologi MARA Terengganu, 23000 Dungun, Terengganu Tel: 60-12-222-7659 E-mail: faiziiu@yahoo.com Nadhrah A. Kadir Faculty of Administrative Science and Policy Studies Universiti Teknologi MARA Terengganu, 23000 Dungun, Terengganu Tel: 60-12-250-4302 E-mail: nadhr292@tganu.uitm.edu.my Kamaruzaman Jusoff (Corresponding author) TropAIR, Faculty of Forestry, Universiti Putra Malaysia, Serdang 43400, Selangor, Malaysia Tel: 60-3-8946-7176 E-mail: kjusoff@yahoo.com Abstract Generally, accountability is often associated with a concept of answerability, responsibility, blameworthiness, liability etc. Commonly, the concept of accountability from the perspective of governance is the means to control the public administration in democratic countries. The classification of public accountability is normally seen in terms of external and internal mechanisms. Hence, this paper shall discuss both mechanisms with special reference to Malaysia. The discussion also focuses on the limitation of each mechanism which rendered some problems to the concept of accountability in Malaysia. Keywords: Accountability, Governance, Public administration, 1. Introduction Accountability is often associated with such concepts as answerability, responsibility, blameworthiness, liability and ...
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...Accountability ......................................................................................................................... 3 2.1.c Cost Recovery ......................................................................................................................... 3 2.2 Evidence........................................................................................................................................... 3 3 FACTORS INFLUENCING THE PERFORMANCE OF DECENTRALIZED SERVICE PROVISION...................................................................................5 3.1 The Political Framework................................................................................................................ 5 3.1.a Constitution and Legal Framework......................................................................................... 5 3.1.b Political and Electoral Systems ............................................................................................... 6 3.1.c Unitary vs. Federal...
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...Harvard Law School Jean Monnet Chair Professor J.H.H. Weiler Harvard Jean Monnet Working Paper 1/01 Päivi Leino The European Central Bank and Legitimacy Is the ECB a Modification of or an Exception to the Principle of Democracy? Harvard Law School Cambridge, MA 02138 All rights reserved. No part of this paper may be reproduced in any form Without permission of the author. © Päivi Leino 2000 Harvard Law School Cambridge, MA 02138 USA The European Central Bank and Legitimacy Is the ECB a Modification of or an Exception to the Principle of Democracy? Päivi Leino, Åbo Akademi University( M.Pol.Sc. (international law), Åbo Akademi University, Finland; LL.M. candidate, London School of Economics and Political Science. This paper was concluded on August 8, 2000 and subsequent changes have not been considered. The author would like to thank Professor Markku Suksi and Lic.Pol.Sc. Kurt Långkvist for their comments and encouragement. The author has exclusive responsibility for all views, errors and omissions. Comments are invited to Paivi.Leino@abo.fi.) 1. The Sovereign of Monetary Policy The creation of a single market and the continuing concentration and integration at the European level have created phenomena that can neither be governed by nationally based policies nor left to the working of unregulated markets.( Hirst, Paul and Thompson, Grahame (1996), p. 156.) According to the European Court of Justice...
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...French Revolution Storming of the Bastille, 14 July 1789. Participants French society Location France Date 1789–1799 Result A cycle of royal power limited by uneasy constitutional monarchy; then the abolition and replacement of the French king, aristocracy and church with a radical, secular, democratic republic, which, in turn, becomes more authoritarian, militaristic and property-based. Radical social change based on nationalism, democracy and the Enlightenment principles of citizenship and inalienable rights. Rise of Napoleon Bonaparte. Armed conflicts with other European countries. Part of a series on the History of France Prehistory[show] Ancient[show] Early Middle Ages[show] Middle Ages[show] Early modern[show] 19th century[show] 20th century[show] France portal v t e The French Revolution (French: Révolution française; 1789–1799), was a period of radical social and political upheaval in France that had a lasting impact on French history and more broadly throughout Europe. The absolute monarchy that had ruled France for centuries collapsed within three years. French society underwent an epic transformation, as feudal, aristocratic and religious privileges evaporated under a sustained assault from radical left-wing political groups, masses on the streets, and peasants in the countryside.[1] Old ideas about tradition and hierarchy regarding monarchs, aristocrats, and the Catholic Church were abruptly overthrown by new principles of Liberté, égalité...
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...Koshal,; D.A. Desai and; V.R. Krishna Iyer, JJ.] The appellant manufactures steel tubes in the outskirts of Ahmedabad city. It started its business in 1960, went into production since 1964 and waggled from infancy to adulthood with smiling profits and growling workers, punctuated by smouldering demands, strikes and settlement until there brewed a confrontation culminating in a head-on collision following upon certain unhappy happenings. A total strike ensued whose chain reaction was a whole-sale termination of all employees followed by fresh recruitment of workmen defacto breakdown of the strike and dispute over restoration of the removed workmen. As per the last settlement between the management and the workmen of 4th August, 1972, it was not open to the workmen to resort to a strike till the expiry of a period of five years; nor could the management declare a lock out till then. Any dispute arising between the parties, according to the terms arrived at were to be sorted out through negotiation or, failing that by recourse to arbitration. The matter was therefore, referred to an arbitrator and the arbitrator by his award held the action cf the management...
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...36 (2006). Material on these pages is copyright Cambridge University Press or reproduced with permission from other copyright owners. It may be downloaded and printed for personal reference, but not otherwise copied, altered in any way or transmitted to others (unless explicitly stated otherwise) without the written permission of Cambridge University Press. Hypertext links to other Web locations are for the convenience of users and do not constitute any endorsement or authorisation by Cambridge University Press. Ben Clift, University of Warwick b.m.clift@warwick.ac.uk http://www2.warwick.ac.uk/fac/soc/pais/staff/clift Jim Tomlinson, University of Dundee j.d.Tomlinson@dundee.ac.uk Abstract This article questions prevailing interpretations of New Labour’s political economy. New Labour’s doctrinal statements are analysed to establish to what extent these doctrinal positions involve a repudiation of Keynesianism. Although New Labour has explicitly renounced the ‘fine tuning’ often (somewhat problematically) associated with post-war Keynesian political economy, we argue that they have carved out policy space in which to engage in macroeconomic ‘coarse tuning’ inspired by Keynesian thinking. This capacity to ‘coarse tune’ is precisely what is being sought in New Labour’s quest for credibility through the redesign on the UK macro policy framework and institutions. Our empirical focus on New Labour’s in government since 1997 offers considerable evidence that this search for...
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...RESTITUTO YNOT, petitioner, vs. INTERMEDIATE APPELLATE COURT, THE STATION COMMANDER, INTEGRATED NATIONAL POLICE, BAROTAC NUEVO, ILOILO and THE REGIONAL DIRECTOR, BUREAU OF ANIMAL INDUSTRY, REGION IV, ILOILO CITY, respondents. Ramon A. Gonzales for petitioner. CRUZ, J.: The essence of due process is distilled in the immortal cry of Themistocles to Alcibiades "Strike — but hear me first!" It is this cry that the petitioner in effect repeats here as he challenges the constitutionality of Executive Order No. 626-A. The said executive order reads in full as follows: WHEREAS, the President has given orders prohibiting the interprovincial movement of carabaos and the slaughtering of carabaos not complying with the requirements of Executive Order No. 626 particularly with respect to age; WHEREAS, it has been observed that despite such orders the violators still manage to circumvent the prohibition against inter-provincial movement of carabaos by transporting carabeef instead; and WHEREAS, in order to achieve the purposes and objectives of Executive Order No. 626 and the prohibition against interprovincial movement of carabaos, it is necessary to strengthen the said Executive Order and provide for the disposition of the carabaos and carabeef subject of the violation; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby promulgate the following: SECTION 1. Executive Order No. 626 is hereby amended...
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