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Thème juridique : Rule of law

Rule of law

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11 juin 2008
doc

The evolution of European judicial cooperation in criminal matters since the Maastricht Treaty

Dissertation - 7 pages - Droit européen

This project intends to examine the objectives of judicial cooperation throughout the European Union (hereinafter EU) and the area of freedom, security and justice to ensure a high level of security by mutual recognition of judgment concerning criminal matters....

12 avril 2010
doc

The application of the European Arrest Warrant in the United Kingdom and its use in the fight against terrorism.

Dissertation - 6 pages - Droit européen

The European Arrest Warrant (EAW) is a judicial decision issued by a Member State with a view to the arrest and surrender by another Member State of a requested person, for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order.'...

16 Janv. 2008
doc

Influence of media and legal institutions on one another

Dissertation - 6 pages - Droit international

This essay aims at showing the necessary but dangerous interactivity existing between media and legal institutions: each of them need to be independent but in the same time they both need each other. The following pages will answer the subsequent problem: can legal institutions resist the...

26 Mars 2013
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Independence of arbitral tribunal

Étude de cas - 4 pages - Droit autres branches

There is a tension inherent to the arbitration process that raises the sensitive issue of the independence and impartiality of the arbitral tribunal; it is the “tension of an ideal, that is, perfect fairness of the arbitrator, against the reality that the very...

24 juil. 2008
doc

The politics of international Human Rights Law

Dissertation - 5 pages - Droit international

The point of this essay is the observation of Human rights concerning some currents issues of International relations and social and political disorder; for example, in Tibet where it has been thought that the enforcement of some standards of Human rights would...

08 Janv. 2004
doc

Violations of human rights in Zimbabwe

Dissertation - 7 pages - Droit international

Since 1998, the human rights situation has been deteriorating in Zimbabwe. President R. Mugabe intensified verbal attacks on the opposition, the judiciary and the press, as well as Zimbabwe's white minority, which amounted to the land crisis and practical violations of human rights. In...

13 mai 2003
doc

The european integration process and the institutionalisation of integration

Dissertation - 7 pages - Droit européen

This first lecture deals with the different approaches that can be followed in order to study the European integration. We focus our attention on three different way of studying: 'disciplinary' approach, 'theoretical' approach and finally 'political' approach. The...

10 Sept. 2007
doc

The future of Investment Regulation

Dissertation - 2 pages - Droit des affaires

An attempt was made to terminate the introduction of one general text relating to the regulation of the FDI. In other words, the cancellation of the draft text pertaining to the Multilateral Agreement on Investment ("MAI") which was elaborated through the patronage of...

05 juil. 2009
doc

The difficult application of canadian criminal law in Nunavut

Thèse - 57 pages - Droit international

With its creation in 1999, the new territory of Nunavut hoped to solve the social and economical problems it was facing. For the second time in the history of the Poles, indigenous people were given the right by the government to decide their future. The first Inuit to be recognized...

15 Mars 2013
pdf

Confessing antitrust criminals: The art of juggling with carrots, sticks and transatlantic disturbances

Étude de cas - 15 pages - Droit autres branches

Fighting cartels is not an easy business to be in. Companies operating cartels are of course very much aware of the illegality of their conduct under the antitrust laws. For that reason, cartels are typically operated in secrecy and considerable efforts are devoted by...

20 Janv. 2003
doc

The future of the EU - Federalization: a far-reaching goal of European integration ?

Dissertation - 11 pages - Droit européen

The debate on the future of Europe originated from the Nice Treaty. Two years ago, German Foreign Minister Joschka Fischer re-launched the idea of a European federation, which he called a "federation of nation-states?. The notion of "federation of nation-states?...

02 mai 2007
doc

International law and normative unity

Dissertation - 5 pages - Droit international

In the Supreme Court of Canada's 1993 judgment in Hunt v. T & N Plc, Justice La Forest laid down the following goal to international law : “develop (…) co-ordination in the face of [the] diversity” of the international system. In other words,...

04 juil. 2012
doc

An evaluation of the harmonised treatment of unfair commercial practices

Étude de cas - 17 pages - Droit autres branches

The Unfair Commercial Practices Directive 2005/29/EC (referred to as “the Directive”) has been adopted by the European Parliament and the Council on May 11th 2005 following the Commission's Green Paper on Consumer Protection of the European Union (EU)which set the grounds for the...

10 Oct. 2000
doc

General principles of the Canadian constitutional law

Dissertation - 4 pages - Droit constitutionnel

As a former member of the British Empire, Canada has been widely influenced by certain aspects of the English law. The Canadian parliamentary system finds its origins in the British institutions that were settled after the conquest of 1760 and more particularly with...

30 Sept. 2008
doc

The two equality directives of 2000: False-twins

Mémoire - 43 pages - Droit européen

2007, the “European Year of Equal Opportunities for All” in the European Union ended a few months ago, stressing on the question of the current anti-discrimination law in the Union. This initiative of the Commission took place in a general movement of...

18 avril 2010
doc

Family Law: Comparison France Vs. China

Dissertation - 20 pages - Droit de la famille

During the last century, the Chinese government decided to abolish the old family system and establish a new family idea: the socialist family system (the Marriage Code of 1950). This marked a turning point in Chinese common law and the beginning of a new family way of...

11 Oct. 2000
doc

The Relationship between international law of human rights and international law applicable to armed conflict

Dissertation - 9 pages - Droit international

In the modern scenario, the protection of human rights has found its rightful place in international law. It has been a revolutionary reform, as it had no significant place a few decades ago. The international law applicable to armed conflicts (also called international...

15 Oct. 2009
doc

Free movement of goods and person within the Europe

Dissertation - 12 pages - Droit européen

Since the Treaty of Rome was signed in 1957, the euro area is the geographical and economic EUROPE. Since 1957, new treaties such as Schengen and Maastricht were signed. Europe and its laws allow us to develop economic relations between the member states. Thus barriers fall, the...

16 Janv. 2007
doc

Principles and Practices of Consumer's Protection within the European Union

Dissertation - 19 pages - Droit européen

The objective of the European Union is to protect the health, safety and the economic well-being of its citizens. In this regard, it is the responsibility of the EU to promote the right to information, help in safeguarding the interests and encourage the member states to set...

28 Oct. 2009
doc

Criminal law : consent

Dissertation - 4 pages - Droit européen

In criminal law, there exists a defense of consent. Within this defense, there is a general rule that a person cannot consent to his being caused actual bodily harm. No one can ever lawfully consent to his own death-R v Young . This opens the debate on issues related to...

10 mai 2010
doc

Public international law - the problems associated with the proliferation of international judicial bodies

Dissertation - 7 pages - Droit international

Since the end of the Cold War, a new phenomenon in international law has surfaced: the proliferation of international judicial bodies as a consequence of the increasing number of treaties. More than just a numeral observation, there have been changes concerning...

14 avril 2010
doc

The Implementation of the Third Pillar of the European Union in Hungary

Dissertation - 13 pages - Droit européen

Hungary acceded to the European Union on the 1st May 2004, thus it is one of the newer member states of the organization. In this paper we are going to introduce the Hungarian implementation of five (former) third pillar issues. We will examine the legal background of...

05 mai 2001
doc

The protection of consumers on Internet

Dissertation - 15 pages - Droit autres branches

The recent boom of the internet in Europe and the emergence of a new kind of commerce (e-commerce) led to a widening of the commercial offers that can be proposed to the consumers. Simultaneous with such an expansion in internet offering come the demand for online...

17 juin 2014
doc

Introduction to the Challenges of European and French Law in Legal Informatics

Dissertation - 15 pages - Droit européen

The " new technologies " which appeared thirty years ago and are characterized by a considerable development are subject to fundamental legal questions. The definition of new technologies remains vague and includes the information and communication technologies. The information and...

05 mai 2001
doc

Standard Oil of New Jersey v. U.S., 221 U.S. 1 (1911)

Commentaire d'arrêt - 21 pages - Droit autres branches

La question posée à la Cour Suprême dans l'arrêt Standard Oil of New Jersey v. United States est une question d'interprétation législative. Plus particulièrement, il s'agissait pour la Cour d'interpréter les sections 1 et 2 du Sherman Antitrust Act, ou loi Sherman, sur...

21 févr. 2011
doc

Contract Law : A review

Fiche - 8 pages - Droit civil

What is a Contract? A contract is a legally enforceable agreement between two or more parties with mutual obligations. It's essentially a case law subject, i.e.,interpretations are made by judges while deciding on the legal issues....

10 mai 2010
doc

Constitutional law applicable in the Anglo-Saxon - parliamentary sovereignty

Dissertation - 4 pages - Droit constitutionnel

One of the key characteristics of British Constitution is the dominance of the Parliament. The Parliament is the main legislative body in British Constitution. It is bicameral; and is composed of two chambers, the House of Lords and the House of Commons....

31 mai 2010
doc

Recommendations to the French government concerning violations of the 'Article 28 EC

Commentaire de texte - 5 pages - Droit européen

One of the main objectives of the EEC at its inception was the Free Movement of Goods, a prerequisite in the achievement of an Internal Market, the raison d'être of the EU. The Article 28 EC prohibits Quantitative Restrictions on imports and all measures...

28 Oct. 2009
doc

To what extent is the criminal justice system consistent with article 6 of the European Convention on Human Rights?

Dissertation - 6 pages - Droit européen

At the heart of any legal system is the criminal justice system and is paramount that system is fair in order to be effective. This is ensured through a fair trial, without which, the whole system would be illegitimate. We only have to look to the political ?show trials' of the...

20 août 2004
doc

The distribution of power an its future evolution in the European decision making institutions

Dissertation - 12 pages - Droit européen

How is the power shared in the main European decision making institutions and how will it change with the near enlargement and the ratification of new institutional treaties? This paper analyzes the distribution of power in the European Commission, the Council of Ministers...