...Subjects of international law According to the general theory of law, regulated the right to acquire a public relations nature of legal relations are legal relations. By such relations are called subjects of the law. Thus, the subjects of international law – is part of international relations, endowed with the norms of international law, subjective rights and obligations of the subjective. Moreover, in contrast to national law, international law, the subjective right of a subject of international legal obligation is always opposed to the subjective another subject of this relationship. The term “concept” subject of international law “has long served the property only doctrine of international law. But recently it was used in international instruments, in particular in the general (universal) conventions. For example, in art. 3 of the Vienna Convention on the Law of Treaties of 1986 refers to “international agreements to which one or more States, one or more international: the organization and one or more subjects of international law other than States and international organizations.” Throughout the long history of international law, States were the only actors in international relations. The norms of contemporary international law continue to govern mainly the relationship between states and the relations of States with international organizations and other international institutions. States – the main subjects of international law and basic real participants in international...
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...| | | | | La Trobe Law School | | LST2BSL: INTRODUCTION TO BUSINESS LAW | | Subject Learning Guide Semester 12015Melbourne (Bundoora) and DandenongSubject Coordinator: Mr. N. Balu Rao | | ENQUIRIESMr. N. Balu RaoSenior LecturerLa Trobe LawLa Trobe UniversityVictoria 3083 | T 03 9479 2824E N.Rao@latrobe.edu.au | Table of Contents Subject Details 3 GENERAL DETAILS 3 ENROLMENT REQUIREMENTS 3 STAFF CONTACTS 3 SUBJECT DESCRIPTION 4 SUBJECT INTENDED LEARNING OUTCOMES (SILOS) 4 FACULTY GRADUATE CAPABILITIES 4 LEARNING ACTIVITY SUMMARY 4 ASSESSMENT AND FEEDBACK SUMMARY 4 LEARNING RESOURCES 5 STUDENT FEEDBACK ON SUBJECT SURVEY 5 ACADEMIC INTEGRITY 5 Schedule of Learning Activities 6 Session Plan: 6 Learning Activity Details 7 Lectures: (Weeks 1-12) 7 Seminars: (Weeks 2-12) 7 Assessment and Feedback Details 8 Learning Resources 11 Readings 11 Academic Language and Learning Unit (ALLU) 11 Learning Management System (LMS) 11 Library 11 Student Support Services 12 Learning Summary 12 SUBJECT INTENDED LEARNING OUTCOMES (SILOS) 12 FACULTY GRADUATE CAPABILITIES (FGCs) 12 Make the most of this subject 13 Work consistently 13 Practise legal problem solving 13 Participate in all the learning activities 13 Lecture notes 13 Allow sufficient time for study 13 Become a member of a private study group 13 Policies, Procedures and Guidelines 14 Academic Integrity 14 Special Consideration 14 Extensions, Late Submissions...
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...INTRODUCTION The contract law principles in Shariah Law are not different from English contract law principles. In English law, ‘contract is an agreement enforceable by law’. According to Islamic law, a promise may not be legally enforced although it is strongly recommended by religious and moral values to be fulfilled.[1] In Islamic law, contract is known as ‘aqd’ which means tie or bond. It means a contract binds the parties together. From the definition, the term ‘aqad is more or less of the equivalent of the technical term of contract in Western Jurisprudence. However, ‘aqad does not necessarily involve agreement (which is a necessary element in a conventional contract) because the term is also used to describe a unilateral juridical act which is binding and effective without the consent of the other party. Islam emphasizes on fulfilling contractual obligations. Allah says in the Quran, “O ye who believe, fulfil all of your obligations”[2] and also similarly in this surah which is stated “…So fulfil your engagement with them to the end of their term, for Allah loves the righteous”[3] Under Islamic law, to be a valid contract, there must have some elements in the contract. Those elements are sighah (ijab and qabul), contracting parties and subject matter. The first element is sighah (ijab and qabul) or offer and acceptance. There are three kinds of offer which are verbal offer (kalam), offer by conduct (‘amal’) and offer in writing...
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...commonly recognized principles of equality and self-determination of the peoples, honoring the memory of our ancestors, who have passed on to us love of and respect for our homeland and faith in good and justice, reviving the sovereign statehood of Russia and asserting its immutable democratic foundations, striving to secure the well-being and prosperity of Russia and proceeding from a sense of responsibility for our homeland before the present and future generations, and being aware of ourselves as part of the world community, hereby approve the Constitution of the Russian Federation. First Part Chapter 1 Fundamentals of the Constitutional System Article 1 [Russian Federation] The Russian Federation -- Russia is a democratic federal rule-of-law state with the republican form of government. The names "Russian Federation" and "Russia" are equivalent. Article 2 [Protection of Human Rights] Humans, their rights and freedoms are the supreme value. It is a duty of the state to recognize, respect and protect the rights and liberties of humans and citizens. Article 3 [The Multinational People] (1) The multinational people of the Russian Federation is the vehicle of sovereignty and the only source of power in the Russian Federation. (2) The people of the Russian Federation exercise their power directly, and also through organs of state power and local self-government. (3) The referendum and free elections are the supreme direct manifestation of the power of the people. (4) No one may arrogate...
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...2015 International Compendium of Data Privacy Laws COUNTRY BY REGION Australia Australia................................................................................................................................. 6 Central Asia China (People’s Republic) .................................................................................................. 37 Hong Kong........................................................................................................................... 78 India..................................................................................................................................... 88 Japan................................................................................................................................. 106 South Korea....................................................................................................................... 149 Taiwan ............................................................................................................................... 157 Central America Bahamas ............................................................................................................................. 16 Costa Rica ........................................................................................................................... 43 Trinidad and Tobago.......................................................................................................... 160 Europe Austria .............
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...The Regulations for Protecting Research Subjects (the Common Rule) state that when reviewing protocols, IRBs must determine that there are adequate provisions for protecting the privacy of subjects and to maintaining the confidentiality of data. The Common Rule is just one document that directs researchers to consider privacy and confidentiality when conducting research. The guidelines of the American Anthropological Association, the Oral History Association, the American Psychological Association, and the American Sociological Association identify protecting privacy and ensuring confidentiality as key components of respecting the safety and dignity of research subjects. This module will define privacy and confidentiality and discuss their application in various research settings. It will also discuss applicable laws, other than the Common Rule. Learning Objectives By the end of this module, you should be able to: • Distinguish between privacy and confidentiality • Identify privacy risks associated with study designs • Identify a range of procedures for ensuring confidentiality • Identify relevant laws regarding collection of private information • Identify laws that limit the ability to ensure confidentiality Definitions According to the IRB Guidebook, published by the Office for Human Research Protections, privacy can be defined in terms of having control over the extent, timing, and circumstances of sharing oneself (physically, behaviorally, or intellectually) with...
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...of Bob Pike's Laws and comment on it (research his website). Successful training design and delivery depends on a trainer’s ability to create a learning environment that reaches all participants. To reach this goal, a set of core principles – or laws – was created to serve as the foundation for successful training. Your goal as a trainer is to incorporate elements of these principles into your course in order to reach your participants. Build these seven laws into your training to make it motivational, relevant and interactive. Pike (2014). There were two laws I liked imparticular,. The first was Law 1, the law of the teacher. Know the subject. The teacher must know what is being taught. As the teacher, you should know thoroughly, clearly and familiarly the training you are teaching. The...
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...The Regulations for Protecting Research Subjects (the Common Rule) state that when reviewing protocols, IRBs must determine that there are adequate provisions for protecting the privacy of subjects and to maintaining the confidentiality of data. The Common Rule is just one document that directs researchers to consider privacy and confidentiality when conducting research. The guidelines of the American Anthropological Association, the Oral History Association, the American Psychological Association, and the American Sociological Association identify protecting privacy and ensuring confidentiality as key components of respecting the safety and dignity of research subjects. This module will define privacy and confidentiality and discuss their application in various research settings. It will also discuss applicable laws, other than the Common Rule. Learning Objectives By the end of this module, you should be able to: * Distinguish between privacy and confidentiality * Identify privacy risks associated with study designs * Identify a range of procedures for ensuring confidentiality * Identify relevant laws regarding collection of private information * Identify laws that limit the ability to ensure confidentiality Definitions According to the IRB Guidebook, published by the Office for Human Research Protections, privacy can be defined in terms of having control over the extent, timing, and circumstances of sharing oneself (physically, behaviorally, or intellectually)...
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...exercised by the law makingbody (Congress) not the executive or the judicial branch of thegovernment, except when delegated by the national legislative bodyto a local legislative body or to the executive branch, subject tolimitations as may be provided by law; 2.Inherent in sovereignty- the power exists as an incident or attributeof sovereignty, as it is essential to the existence of every government.The power can therefore be exercised even without the constitutionor any law expressly conferring such power. Scope of the Power of Taxation It is comprehensive, unlimited, supreme and plenary, but subject toconstitutional and inherent limitations.Limitations on The Power of TaxationThe power of taxation, is however, subject to constitutional and inherentlimitations. Constitutional limitations are those provided for in the constitution orimplied from its provisions, while inherent limitations are restrictions to thepower to tax attached to its nature. The following are the inherent limitations. 1.Purpose. Taxes may be levied only for public purpose; 2.Territoriality. The State may tax persons and properties under its jurisdiction; 3.International Comity. the property of a foreign State may not betaxed by another. 4.Exemption. Government agencies performing governmentalfunctions are exempt from taxation 5.Non-delegation. The power to tax being legislative in nature may notbe delegated. (subject to exceptions) Constitutional limitations. 1.Observance of due process of law and equal protection...
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...Constitution and protect the constituents. But the question at stake is, how can the number of law enforcers augment to the need of the total populace? Thus, the challenge is posed … How is the making of law enforcers? Criminology major subjects are intended to prepare those whose lives are dedicated in upholding the law and in protection to everyone. The researchers devoted themselves to assess the Successes and Difficulties of their batch enabling them to fulfill for whatever field they may engage either Board Passers or Non-Board Passers. Having so stated, this study focuses about: Academic & Economic Aspects in order to gauge and recommend practical, technical, legal and logistics programs and practices applicable hereto subject to the approval of the School Administration that will assure positive impact to the concerned stakeholders. Hence, this study entitled Successes and Difficulties of EARIST Cavite Campus Bachelor of Science in Criminology Students in Their Major subjects. Setting of the Study Eulogio “Amang” Rodriguez Institute of Science and Technology (EARIST)- Cavite Campus, formerly called EARIST-GASAT (General Alvarez School of Arts and Trades), is a branch school of EARIST in Manila, a government state college. It operates with the funding support from the budgetary allotment of its Mother Institution, EARIST. Established on March 24, 1982, EARIST Cavite Campus started by offering vocational-technical courses with Mr. Rodrigo P. Hipol (Dr. Hipol)...
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...Contracts: -common law/UCC uniform commercial code. UCC is for buying and selling goods, common law contract is for everything else, Party, subject matter, price,delivery, payment terms – all neds to be listed in common law Party and subject matter – 2 things for UCC- everything else is filled by the judge based on the reasonableness. Contract is a promise or set of promises for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty. Contract is a set of voluntary promises that the law will enforce for private parties. Sources of Contract Law:/ Law that governs contracts 1) Common law * First law of contracts * Law decided by the judges and they used statutory law to interpret the common law * Common law applies to contracts that have land or services as their subject matter. Eg employment, home etc * Party, subject matter, price, delivery, payment terms * General treatment of the common law for contracts can be found in Restatement of Contracts 2) UCC – uniform commercial code * Common law lacks uniformity * Businesses experienced great difficutly and expense when they contracted across state lines because of differences in state contract common law * To address the need for uniformity, the National Conference of Commissioners on Uniform State Laws and the American Law Institute worked to draft a set of commercial laws appropriate for business people, lawyers, and law makers. The result...
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...important to avoid being hated by your people. It is important to note that being loved and being feared are compatible with each other; however; being feared and respected should take priority over being loved and revered. Machiavelli says that is good to be loved because it makes being a prince more pleasurable, and makes it easier to maintain peace and order in the kingdom. If a ruler is loved by his people, his subjects are endeared to him, and are in full support of his rule of their land. They praise his work, and hail him as a great ruler. A loving prince and subject relationship will make the work of the prince more rewarding and pleasurable. The prince will not have to act as “the bad guy,” and avoid the ruthless and cruel reputation that is often associated with rulers who conquer new territory. Additionally, the prince will not have to deal with resistance or questioning, and will not face bitterness or spite from his subjects. It will be easier to maintain law and order, and to keep the peace within the kingdom. This relationship with your subjects can be achieved by being compassionate to the people and understanding their problems and needs. The prince should avoid cruel or excessive punishment and administer justice fairly and...
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...the law'. This plunged England into civil war. * The civil war seen as a 3 way dispute by the lawyers. The Parliament, the King and the common law were all vying for ultimate power. * Eventually, Charles I lost the struggle and was executed in 1649. * The civil war and the ideas that rose up during it led to constitutional change in England and development of lots of ideas that influenced the colonies like Australia. The king versus the common law In 1598 (before he was King of England), James I wrote The Trew Law of Free Monarchies, setting out the divine right of Kings. * He was supported in this idea by the attorney-general, Francis Bacon. * Bacon argued that that according to natural law, only absolute monarchy could avoid 'confusion and dissolution'. This theory was based on the natural law theory that law is based on reason and the will of the Crown. * According to Bacon, the King could govern by prerogative alone – parliamentary powers allowed only by tolerance of the King – he could dismiss or convene Parliament as he saw fit. * The power not to be dismissed without its consent was what Parliament really wanted – and only force through the civil war gave them that. * James I: “Kings are justly called Gods, for that they exercise a manner or resemblance of Divine power upon earth; for if you consider the Attributes to God, you shall see how they agree in the person of a King... [kings have] their wills at that time served by law.” ...
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...constitution should most fit national conditions and the country’s specific culture, they regarded conservative traditions of Prussia most suitable for Japan. Meiji Constitution and Prussia’s conservative traditions are more like monarchical autocracy and Emperor has absolute dictatorship. Therefore, the sovereignty of Emperor and imperial institutions coexist in this constitution. As a public and fundamental law of state bestowed on all Japanese people by Emperor Meiji, it established Japan a constitutional monarchy with a parliament called Diet, assuring the Emperor infinite power with assistance of the imperial Diet. It also defined rights and duties of the subjects, and duties of the imperial Diet as well as the Council. Besides, potency of the judicature and the finance are also established in the constitution which made Japan more modern and civilized. Now let’s probe into detailed information about Meiji Constitution. The first chapter is about absolute authority of the Emperor. From abstract we can see that the Emperor is in charge of the sanction and promulgation of laws as well as convening the Diet. However, imperial Diet have not achieved their role of legislation and resolution. In other words, all departments are under direct sovereignty of the Emperor, with ostensible constitutional monarchy but inside monarchical autocracy. The emperor is also granted supreme command of army and Navy, which leads to the...
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...The Bill of Rights plays a vital role in law enforcement’s role to complete their mission following all proper legal channels and provides officers with the knowledge to ensure they abide by the rights and freedoms provided by the United States Constitution. The Law Enforcement Officers’ Bill of Rights (LEOBoR) provides officers with the same constitutional rights as the public and further protects officers against law suits and during exigent circumstances. The Bill of Rights was initially intended to restrict some activities of federal law enforcement and provide more activities for the state and local agencies (Ortmeier, 2006). Further, the LEOBoR protects officers from unreasonable persecution while conducting their duties and while acting in the specific scope of their responsibilities. Your Miranda rights, or if in the Military your Article 31 rights, are the rights provided to an individual who is in police custody and are read prior to questioning a possible subject/suspect before attempting to interrogate or interview with the intent of obtaining a confession/admission (Ortmeier, 2006). A subject may waive his legal rights, meaning they are willing to talk to you at that current time, or invoke their legal rights, where they are either requesting a lawyer or just do not want to be questioned. As officers, when a subject invokes we must allow them a reasonable time to seek legal counsel before they can be brought in and advised of their rights again. Understand...
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