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Thème juridique : Swing states

Swing states

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10 déc. 2023

Quelles sont les limites imposées à l'invocation par un État non directement lésé de violations d'obligations erga omnes partes par un autre État au cours de la procédure de règlement juridictionnel ?

Mémoire - 3 pages - Droit international

La protection des intérêts de la communauté qui rassemble les valeurs fondamentales partagées par les États de la communauté internationale dans son ensemble est devenue un enjeu majeur du droit international. Selon le juge Bruno Simma, « international law has undoubtedly entered a stage at which...

21 mai 2007
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What are the various means allowing the pacific regulation of the disputes?

Dissertation - 4 pages - Droit international

The Hague Peace Conference of 1899, marked a new phase in the history of international arbitration. It ended by adopting a Convention on the Pacific Settlement of International Disputes, which dealt not only with arbitration but also with other methods of pacific settlement. Then the league of...

25 avril 2008
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Essay on the Rome Convention on the law applicable to contractual obligations

Dissertation - 14 pages - Droit européen

The Rome Convention on the Law applicable to contractual obligations “applies to contractual obligations in any situation involving a choice between the laws of different countries.” The scope of the Convention is therefore clear; its aim is to regulate contractual relations between...

28 avril 2008
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Human Rights Law: Essay on the Human Rights Act

Dissertation - 4 pages - Droit autres branches

The State's "margin of appreciation" doctrine is a fundamental component of the European Convention system of Protection of Human Rights. While human rights are not a state's private area of jurisdiction, the idea of the European Convention on Human Rights (ECHR) is that...

10 Mars 2009
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Freedom of expression, a right between inviolability and flexibility

Dissertation - 7 pages - Droit européen

The freedom of expression is one of the things that calls for conflicts. It is not permitted in the dictatorship in order to speak about everything. It is observed that very many subjects are forbidden. An example of a forbidden topic is the critical opinion on the power, on religion. The...

05 mai 2009
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The amendment 8: is death penalty a cruel and unusual punishment?

Dissertation - 2 pages - Droit pénal

Amendment 8 of the United States Constitution is a part of the United States Bill of Rights, influenced by the English Bill of Rights of 1689. It was added to the constitution in 1791, and states that "Excessive bail shall not be required, not excessive fines imposed, nor...

09 Nov. 2009
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Ending contractual obligations: factors and discharge

Dissertation - 11 pages - Droit des obligations

The common law has always taken the view that people enter into contract voluntarily. It follows that if the contract was made without full knowledge of the facts, or if a person was forced to make a contract against his or her will, a court would consider that contract to be banned. The vast...

04 févr. 2010
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To what degree does the Supreme Court have a 'political' role? And in what 'political' direction have the most recent courts taken the Supreme Court?

Étude de cas - 6 pages - Droit international

The judiciary, from the nature of its functions, will always be the least dangerous' in the department of power. This opinion, formulated by Alexander Hamilton in the Federalist papers, relies on a restrictive vision of the role of judges, considered as 'mouths of the law'. According...

14 mai 2002
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The Constitutionalisation of the treaties by the ECJ: The theories of direct effect and supremacy from the perspective of the French courts

Dissertation - 8 pages - Droit européen

The Community has developed with an inexorable dynamism of enhanced supranationalism. As a result, it has first been ruled by general principles of public international law to become an interstate governmental structure "per se " ruled by a "Constitutional Charter? . The Constitutionalisation is...

09 déc. 2009
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West Virginia vs. Barnette : the flag salute case

Commentaire d'arrêt - 2 pages - Libertés publiques

Refusal to salute the Flag shall be regarded as an act of insubordination' are the terms in which the Virginia statute let us see a beginning of answer to the questioning about the reasons why the State require a flag salute. Indeed, we understand that the real deal is between the...

14 févr. 2010
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International intellectual property rights

Dissertation - 6 pages - Propriété intellectuelle

The Globalization of the world economy has redefined the relations between states and societies. Domestic regulations and international have trade merged and links between public and private sectors have gradually disappeared. This phenomenon was an incredible help for the development and...

12 avril 2010
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Border Regulation, Freedom of Movement and Citizenship in the Third Pillar of the EU: Conflicting legal agendas.

Dissertation - 9 pages - Droit européen

Within the United Kingdom (UK) there has been a long proud tradition of strong regulatory and independent oversight with respect to its national border security and integrity. The UK is a confederation of regional states some of which have semi-autonomous devolved legislatures, yet it...

14 avril 2010
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The French Conseil Constitutionnel: In comparison with Constitutional Courts

Dissertation - 11 pages - Droit constitutionnel

I believe that constitutional courts play a major role in legal systems. After the introduction of the 'Conseil Constitutionnel' in 1958, Louis Favoreu, a public law teacher, claimed, 'L'Etat de droit est désormais complet en France'. Indeed, it is often considered that...

12 juin 2010
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The President of the European Council

Dissertation - 3 pages - Droit européen

After years of ungoing debate over the need - or not- of a European presidency, on November 19th, the European Union Heads of State or Government elected unanimously the first stable and permanent President of the European Council, under the Treaty of Lisbon entering into force two weeks...

15 Janv. 2006
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« In an EU of 25 members, all the old certainties will disappear. Discuss. »

Fiche - 6 pages - Droit européen

Europe has 15 member states. If the European Union is enlarged, it will not be the same at a bigger scale. The sphere of action of the European institutions is changing and it has to be adapted to a brand new structure. The socio-economic disparities between the Europe of 15 member...

12 avril 2007
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Discuss the analysis and significance of the abduction and trial of Eichmann from an international law perspective, with reference to legal writing

Dissertation - 8 pages - Droit international

First, we will discuss whether the principle known as "the fruit of the poisonous tree? in the United States must be applied to the abduction of Adolf Eichmann or not. The violation of International law was "clear? according to Louis Henkin in 1968 but one cannot deny that the end...

12 mai 2008
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Is the American Constitution the best in the world?

Dissertation - 3 pages - Droit constitutionnel

"We, the people of the United States,?do ordain and establish this Constitution of the United States of America?. By these words starts the American Constitution. This document was adopted on September 17, 1787, by the Constitutional Convention, led by Thomas Jefferson and George...

07 Janv. 2016
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The duties of the board of directors

Dissertation - 8 pages - Droit fiscal

The corporation according to how we understand it today, came into existence in the 19th century because entrepreneur needed a device to raise capital from a large number of investors. According to the legal dictionary: “the corporation is an organization formed with state...

11 Janv. 2010
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Right to life

Cours - 3 pages - Libertés publiques

Over the centuries, the religions and philosophies of the whole world firmly followed the act of taking away human life. The international law of Human Rights tried in its turn to change this perspective with a number of treaties to protect human life against the arbitrary actions of different...

20 Nov. 2009
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Medical advertisement

Dissertation - 9 pages - Droit international

In France, as in Europe, medical advertising is submitted to a legislation. Pharmaceutical laboratories have to be careful every time they issue a new medicine. There are only two countries which allow medical advertising which are the United States of America, and New Zealand. Indeed, in...

04 juin 2008
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The ninth amendment: origins and controversy

Dissertation - 9 pages - Droit constitutionnel

Select one amendment from the Bill of Rights and research why the Founding Fathers found it necessary to state it, and explain what had happened in England or Europe that brought about that amendment? Remember that we were a colony of England's for over one hundred years before the...

31 Janv. 2010
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Copyright of employed persons' creations

Fiche - 11 pages - Droit autres branches

In Australia, the copyright law gives the creator or the author of a piece of writing the first ownership of copyright. In fact, section 35(2) of the Copyright Act 1968 provides that: "Subject to this section, the author of a literary, dramatic, musical or artistic work is the owner of any...

15 avril 2013
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Plessy vs. Ferguson

Étude de cas - 2 pages - Droit international

Following the American Civil Revolution, the federal government sought to grant protection of civil rights for those who have been neglected by it before: African Americans who have just been freed from slavery. This period was called the Reformation (between 1865 and 1877 when they tried to...

31 mai 2010
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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 having equivalent effect to a...

07 Mars 2011
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Community and the French constitution

Thèse - 4 pages - Droit constitutionnel

This quotation makes truly central the question of the relations between Community Law and national laws. Community Law enjoys the privilege of primacy over national laws, as a result of the Costa judgment of the European Court of Justice (ECJ) in 1964. In contrast with ordinary international...

15 Oct. 2015
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The situation of the European Union legal system with regard to international agreements

Dissertation - 3 pages - Droit européen

"The EU Member States may be divided into those whose legal order is monist and those whose legal order is dualist." In monist States, once an international agreement has been agreed to, its entering into force in the international legal order entails its entering into force in the...

30 mai 2007
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The reality of Germany's fiscal federalism

Dissertation - 7 pages - Droit fiscal

After the Second World War, the Allies set up a federal system in Germany, in order to prevent a Third World War from happening. They thought that a federation would divide Germany and reduce the influence of Prussia over the other constituents of the former Confederation of States. As a...

13 Janv. 2008
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The Stability Pact

Dissertation - 5 pages - Droit constitutionnel

“The Stability Pact is stupid, like all decisions that are rigid […]” this declaration made by Romano Prodi in an interview for the French newspaper: Le Monde in October 2002 had given a nasty turn to the economical and political European scene. This quotation of the former...

07 déc. 2007
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Authors' rights in the Anglo-Saxon world

Dissertation - 8 pages - Propriété intellectuelle

The authors' rights are a very important problem of the modern economic world. The rules that regulate the authors' rights have always been created in the reaction of some social facts; they always have been late on the sociological and technical transformations. The first fundamental act...

08 juil. 2004
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Corporate governance under English common law : the respective roles of executive and non executive directors

Dissertation - 15 pages - Droit des affaires

The role of boards and its relationship to management must be clearly identified. The Companies Act provides that companies must have directors but does not define their functions. This is left to the articles of association, where the most undertaken practice consists of vesting the board of all...