...EXAMPLE 1 International litigation is often difficult to seize because of different procedures used by States and principles laying down procedures. These principles are related to the judicial conceptions that States have adopted. This point will be adressed latter in this introduction. On the other hand, International Convention, in a general or a specific view in relation to civil and commercial matter are enacted by States in order to uniform and harmonize body of rules applicable to international commercial litigation. For example, Lugano convention harmonized rules in order to determine competence of jurisdiction, or the Convention of Vienna on international sales of goods determines competence of jurisdiction and the law applicable. In order to explain which criterion is more important in the construction of private international law concerned with international commercial litigation, it will be relevant to focus this study on the rules of competence of jurisdiction. Besides the general system of conventions, as explained above, judicial traditions of countries can explain debates around the best ways to enact rules on international trade, and especially international litigations arise from commercial relationships between actors. Indeed, on one hand, common law countries focus on the role of the judge for the creation, the interpretation and the application of law rules. Some authors argue that the predominance of the judge in common law judicial system...
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...Trade and Policies, Summary Chapter 1: The formation of the European Union United Europe has been the vision of many statesmen since the Roman Empire, and more recently of philosophers/politicians (17th century (). Winston Churchill; spoke of European Federation (1951) but true fathers of borderless continent were: Robert Schuman and Jean Monnet (supported/complemented by Paul Henri Spaak and Jacques Delores). Why was Europe created: They wanted to avoid repetition of wars between Europeans (especially avoid another conflict between France and Germany). Germany wasn’t punished because Americans learned from WWI. To avoid repetitions politicians/intellectuals came up with free commerce, democracy, and individual freedoms. The sincere collaboration (early 1950s until today) made peaceful Europe possible. They also wanted to rebuild Europe equitably after WWII, to share vital resources to mutual benefit, to counter threat of communism, to leverage with USSR and US, and eliminate acute nationalism and racism. The importance of the EU to Turkey: 1. number 1 trading partner for Turkey 2. one of 4 world’s major powers 3. Turkey aspires to join the EU 4. Turkey needs Europe to be democratic 1951 – Paris (ECSC) 1st form of Europe-wide collaboration among states was ECSC (European Coal & Steel Community) in 1951 and was developed in free trade and commerce within the newly formed EEC (European Economic Community). ECSC was created to integrate the industrial...
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...The Nation-State, Foreign Policy, and Transnational Entities - SST Task 1 Elizabeth A. Lilley Western Governors University The Nation-State, Foreign Policy, and Transnational Entities A modern nation-state is characterized by being a fixed territory, having sovereignty, meaning having authority over its territory or its geographical area, and having a common culture. The definition of a Nation is "A culture group residing within the territory of a political state." (Perry, 2009) I selected Scotland, and the reason why is because they are a country that is part of the United Kingdon, which holds sovereignty over Scotland. The Queen of England is the head of state. Scotland was an sovereign state until 1707 when they came under the control of the United Kingdom. Scotland does however have a limited self-government within the United Kingdom and is also represented in the United Kingdom Parliament. The United Kingdom Parliament has power over Scotland's taxes, social security, defense, broadcasting, and international relations. Where as the Scottish Parliament has legislative pwer of all other areas for Scotland. (Scotland, n.a.) A State is, "the abstract embodiment, or the symbol, of the political institution." (Perry, 2009) I select the United Kingdom and the reason is the United Kingdom, also called the UK, and has sovereignty over England, Northern Ireland, Scotland and Wales. The Queen of England is the chief of state, and...
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...PRINCIPLES OF SENTENCING: TOWARDS A EUROPEAN CONVERSATION Paper delivered at Conference on “The Limits of the Criminal Law” at Leiden University, January 23, 2008 and subsequently published in Cupido (ed), Limits of Criminal Law (Nijmegen, 2008).[1] Tom O’Malley Senior Lecturer in Law National University of Ireland Galway First, I would like to extend my warmest congratulations to the students of Leiden Law School for having organised this conference. Thanks to their vision and energy, representatives from several European countries have gathered in this historic venue to discuss some key aspects of criminal law and criminal procedure. More often than not, we think of European law solely in terms of European Union law, the jurisprudence of the European Court of Human Rights or both. Needless to say, the study of European law even in this limited sense is of the highest importance given its impact on our national legal systems and our daily lives. However, growing levels of legal and political integration now demand that we broaden our vision of European law to encompass the domestic legal systems of individual European states. Some work has already begun in this regard,[2] but it is only on rare occasions such as this that we can engage in a meaningful exchange of ideas and information on areas of common concern. Criminal justice is a most appropriate and worthy topic with which to begin. In times past, sentencing would not have featured very prominently at a...
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...Consolidated Reader-Friendly Edition of the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) as amended by the Treaty of Lisbon (2007) 2008 1 THE LISBON TREATY The Readable Version Editor: Jens-Peter Bonde © IND/DEM Group in the European Parliament email: jp@bonde.dk Cover: Henry Abela Publisher: Foundation for EU Democracy Printed at Notat Grafisk, Denmark - 2008 ISBN: 87-87692-72-4 EAN: 978-87-87692-72-4 2 Introduction The Treaty of Lisbon changed name from the "Reform Treaty" when it was amended and signed in Lisbon, Portugal, by the prime ministers and foreign ministers of the 27 EU Member States on 13 December 2007. The treaty retains most of the content of the proposed EU Constitution which was rejected in the French and Dutch referendums on 29 May and 1 June 2005, respectively. The Lisbon Treaty amends the Treaty on European Union (TEU) and the Treaty establishing the European Community (TEC), which is renamed "Treaty on the Functioning of the European Union" (TFEU). Following the parliamentary ratification of the Lisbon Treaty by all Member States by the end of 2008, it is aimed to have the Treaty come into force on 1 January 2009. Whereas the EU Constitution was to be subjected to a referendum in ten Member States, only Ireland is holding a referendum on the Lisbon Treaty. This is a consolidated version of the Treaty of Lisbon, including all articles in the TEU and the TFEU as amended by the Treaty...
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...The Treaty of Lisbon: An Analysis After more than 50 years of European integration, the Treaty of Lisbon is a new step forward but also a deeply contested concept. This essay begins with an overview of how the new Treaty came about and why it was seen as necessary, followed by an analysis of its new developments structured into four parts. Firstly, it considers how the LT is supposed to increase the EU’s effectiveness through more qualified majority voting, the co-decision procedure and through institutional changes including the creation of new leadingpositions.Secondly,democraticvaluesaremoreclearlydefinedandrolesof theEuropeanand national parliaments are reinforced. Thirdly, the LT has attempted to improve citizen’s rights, for example by the new citizens’ initiatives, as well as by making the Charter of Fundamental Rights legally binding. Fourthly, the LT has introduced several political changes, including more cooperation on the common foreign and security policy and how to combat external threats as a global actor with a single voice. Moreover, this essay considers how the LT differs from the Constitutional Treaty, arguing that although no longer a formal constitution, it does maintain constitutional elements. It then looks at some specific issues; in particular, whether legitimacy, transparency and accountability have been improved, and takes the view that while this is the case to some extent, there remains much room to f urther improve. Finally, it also f ocuses on the...
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... 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, one of the cardinal aims of the Treaty is to create a single economic...
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...Edexcel AS Politics Edexcel AS Politics ExamBuster 2009 Introduction to Unit 1- People and Politics Understanding the Examination and Exam Technique Choosing your questions In this unit you are presented with four questions. They are of equal value and each question covers one of the four sections of the specification. These are: Democracy and political participation Party policies and ideas Elections Pressure groups There is no significance to the order in which questions appear. Each question is divided into three sections (a), (b) and (c). When choosing which questions to do, the following principles are recommended: It is almost certain that you will be better off choosing your strongest question to do first. You should choose questions on the basis of how well you can answer the section (c) part. The (c) part carries 25 of the 40 marks available for the whole answer. Do not choose a question simply because you can do part (a) especially well. The (a) question is only worth 5 marks. It would be illogical to choose your strongest (a) part if you cannot do well on section (c). If you cannot decide between several (c) parts, i.e. you can do more than one equally well, make your choice on the basis of part (b) which carries 10 marks. But remember, it is the (c) parts that will determine most what your overall mark will be. So, when you first look at the exam paper, look at the (c) sections first. Assessment Objectives Each question is divided into three sections,...
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...EUROPEAN UNION (28 NATIONS) [pic] SUBMITTED TO : Asst. Prof. Shivkumar Belli SUBMITTED BY :- Gurleen Kaur Payal Jotwani Nitin Dixit Renu INTRODUCTION The European Union (EU) is an economic and political union of 28 member states which are located primarily in Europe, currently under the presidency of Herman Van Rompuy. Its capital is de facto Brussels. The EU operates through a system of supranational independent institutions and intergovernmental negotiated decisions by the member states. Important institutions of the EU include the European Commission, the Council of the European Union, the European Council, the Court of Justice of the European Union, and the European Central Bank. The European Parliament is elected every five years by EU citizens. The EU traces its origins from the European Coal and Steel Community (ECSC) and the European Economic Community (EEC), formed by the Inner Six countries in 1951 and 1958 respectively. In the intervening years the community and its successors have grown in size by the accession of new member states and in power by the addition of policy areas to its remit. The Maastricht Treaty established the European Union under its current name in 1993. The latest amendment to the constitutional basis of the EU, the Treaty of Lisbon, came into force in 2009. The EU has developed a single market through a standardized system of laws which apply in all member states. Within the Schengen Area passport controls...
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...legislative process, whereas Select Committee is part of scrutiny process. In the former committee, the bill is examined by line by line to ensure that its wording and language is clear to allow any amendments on the bill. In the latter committee, there are two departments – governmental and non-governmental. They examine government departments’ expeditures , policies and policies. There are between 16 to 50 members in the PBC who are selected by Committee of Selection whose 7 out 9 members are ships. On the other hand, there are 11 members in the SCs and to eliminate “the conflict of interest, all the members are backbench members who are elected using the Alternative vote system. 2a What are the main functions of Parliament and how well does it perform them? [5] < This question is a 20-mark question > 3a What are the differences between direct and representative democracy? [5] In direct democracy, people are directly involved in decision-making processes, whereas in representative democracy, people elect MPs who will represent and form a government in Parliament. For instance, some qualified members of Athenian society were involved in decision-making and a referendum is a limited form of direct democracy. Also general elections are kind of parliamentary democracy, they are held every five years to election a representative and a government. There is potential danger that decision-making mechanisms can be affected by an organised faction and demagogue in direct democracy...
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...The European Union: Questions and Answers Kristin Archick Specialist in European Affairs March 4, 2013 Congressional Research Service 7-5700 www.crs.gov RS21372 CRS Report for Congress Prepared for Members and Committees of Congress The European Union: Questions and Answers Summary The European Union (EU) is a political and economic partnership that represents a unique form of cooperation among sovereign countries. The Union is the latest stage in a process of integration begun after World War II, initially by six Western European countries, to foster interdependence and make another war in Europe unthinkable. Today, the EU is composed of 27 member states, including most of the countries of Central and Eastern Europe, and has helped to promote peace, stability, and economic prosperity throughout the European continent. The EU has been built through a series of binding treaties, and over the years, EU member states have sought to harmonize laws and adopt common policies on an increasing number of economic, social, and political issues. EU member states share a customs union, a single market in which goods, people, and capital move freely, a common trade policy, and a common agricultural policy. Seventeen EU member states use a common currency (the euro). In addition, the EU has been developing a Common Foreign and Security Policy (CFSP), which includes a Common Security and Defense Policy (CSDP), and pursuing cooperation in the area of Justice and Home Affairs (JHA)...
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...branches of the State power. This differs from the European style system because when you think about the normal situation where you have a prime minister, the reality is that in most countries, the PM becomes PM because he holds the majority in the legislative branch. So almost necessarily, the party who has the majority in the executive power also has it in the legislative power. In fact, Americans typically LIKE divided governments. If you want an example of that, just look at the last presidents of the US. Bill Clinton e.g. was a member of the Democratic Party while the congress was held by the Democratic Party as well. However, interestingly enough, that situation lasted only 2 years, after which the Americans decided to elect a republican president: Bush. The same happened more or less to Bush, and after that to Barack Obama. This is called the Fundamental Split between political parties. As part of that, what happened is that American people were able to express their ideas. They often like to have one party at power in the Congress and another party at power in the Government. What if a third party develops himself? One of the two parties will try to move towards the same ideas. They do have third party candidates in Congress, but their power is very small. It’s an idea that is embraced by the American people: there’s a uniform trust in the government. They have a real debate going on right now in the US: on the left, you have people who think that the government should...
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...JCMS 2010 Volume 48 Annual Review pp. 95–118 Institutions and Governance: A New Treaty, a Newly Elected Parliament and a New Commission jcms_2096 95..118 DESMOND DINAN George Mason University Introduction Elections for the European Parliament (EP) and the nomination of a new European Commission made 2009 a particularly important year with regard to European Union institutions and governance. More significant than these five-yearly events, however, was the long-delayed ratification and implementation of the Lisbon Treaty. In June 2009, EU leaders approved a Decision ‘on the concerns of the Irish people on the Treaty of Lisbon’, which they annexed to the European Council conclusions. They also agreed that ‘at the time of the conclusion of the next accession Treaty [. . .] the provisions of the annexed Decision’ would be included ‘in a Protocol to be attached [. . .] to the Treaty on the European Union and the Treaty on the Functioning of the European Union’ (Council, 2009a). The purpose of the promised Protocol was to facilitate a second referendum in Ireland on the Lisbon Treaty and to help ensure a successful outcome. The Irish government soon announced that the referendum would take place on 2 October. The prospect of a favourable result looked bright, thanks to the global economic crisis, which hit Ireland particularly hard. Although ratifying the Treaty would not make a material difference, it would send a positive signal to international investors...
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...For the topic of my essay I have chosen the differences between the US and the EU in the competition policy. First of all I would like to start my paper with the explanation of competition policy: what is it about, why is it necessary, why is it good for us. So what is competition policy? It should guarantee an equal competition between the companies on the market, based on their products and prices and none of them should have any unfair advantage as against the others. Under competition businesses have to offer the best quality products and at the best possible price to gain profit otherwise consumers can and will choose another company. There is a big pressure on the businesses and they often try to make their position safer with the bypassing of rules. With competition policy they try to avoid this anti-competitive behavior and to ensure perfect competition. The instruments which are used to avoid competition: -agreements between companies that restrict competition (for example cartels) -misuse of a dominant position (squeezing competitors out of market) -mergers -liberalisation of state-run monopolies -financial support for companies. These are the most important ones that the authority has to pay attention to. Why is it necessary and good? From the business side it is positive because they are motivated to be more efficient and more enterprising. From a consumer point of view we can chose from a wider range of products, which have better quality and we can get...
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... . . . . . . . . IV. Analogy to Race-Based Affirmative Action . . . . . . . . . . . . . . . . . A. Remedial Purpose as a Justification for Affirmative Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. The Diversity Rationale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. The Arguments Against Affirmative Action . . . . . . . . . . . . . V. Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. INTRODUCTION The blockbuster race discrimination cases in recent years have all involved affirmative action and reverse discrimination. The Supreme Court has made it clear that race classifications, whether benign or invidious, will trigger rigid strict scrutiny analysis, which requires that the government prove its program is narrowly tailored to serve a compelling interest. In 2003, the Court, in Gratz v. Bollinger,1 ruled that while student diversity in educational institutions may be a compelling interest, an affirmative action program that assigned points to applicants of minority races was unconstitutional.2 In 2007, in Parents Involved in Community Schools v. Seattle School District No. 1,3 it held that two public school district plans that used race-based enrollment targets for student assignments failed strict scrutiny because the districts neither proved a compelling interest, nor demonstrated that the plans were...
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