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Showing posts from 2020

Company Law: Corporate Boards, Directors' Duties and the tension between Shareholder and Stakeholder theories.

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What problems can you identify in relation to the structure of the corporate boards? In line with international corporate governance trends, the UK has made use of the concept of the non-executive director. Their role is to make sure that abuse of process does not occur. Non-executive directors are directors from other companies (or organisations) who come and sit on the board of another company in order to ensure that there are appropriate checks and balances in terms of there being the possibility of dissenting, notionally independent voices. Having a certain number of independent non-executive directors is strongly recommended in influential but non-statutory publications like the Wates Corporate Governance Principles for Large Private Companies, the UK Corporate Governance Code and the LSE Listing Rules.  One prime area where this is said to occur is in ensuring that the executive directors in companies were not being overpaid (via the remuneration committee of the board). Theoreti

How to conduct legal research?

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The ideas for your research can come from following contemporary issues and reading newspapers. For example, since the outset of the Covid-19 pandemic there have been a lot of news stories that talk about the social and legal impacts of the pandemic regionally and globally. These could certainly provide ideas to do a dissertation on this topic and prove to be a starting point for your research. For instance, if you focus on the potential legal impact of the pandemic, then you could use a website called lexology.com that can provide further inspiration and refine your research topic.  Your research will usually be a little bit unstructured to begin with, so as you look on search engines to find relevant blog articles and newspapers articles, you will eventually gain a basic understanding of the issues you would be dealing with. After this, you can turn to look at journal articles for inspiration, and should make note of the articles cited by other authors in journals so you can read the

What is a comparative analysis?

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Comparative law means that you look not just at the different laws of the country to see why they are different but also that you look at the characteristics of the countries and see how they are different. So, if you have a different economy or different social attitudes in the country towards something like corporations this could have an impact on the way in which a law or rule that works well in one country does not work as well in another country. Otto-Kahn Freund makes this point and argues that you must therefore consider not only the differences in law but also differences in culture, economy and political attitudes.   Law Tutors Online ,  Top Law Tutors Online ,   UK Law Tutor ,  UK Law Teacher ,  Manchester Law Tutor ,  Birmingham Law Tutor ,  Nottingham Law Tutor ,  Sheffield Law Tutor ,  Oxford Law Tutor,   Oxbridge Law Tutor ,   Cambridge Law Tutor ,  Bristol Law Tutor ,  Liverpool Law Tutor ,  Edinburgh Law Tutor ,  Glasgow Law Tutor ,  Belfast Law Tutor ,   Dublin Law Tu

"Nationality is an individual’s link to benefits under international law." Critically discuss.

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Nationality is the bond that links an individual to his State and this link is of paramount significance for the purposes of international law. Primarily, international law is a legal system that applies to States; individuals do not generally have any standing in their own right.  This means that if a state violates its international legal obligations thus resulting in harm to an individual who doesn’t possess the nationality of that state, that individual will not have the necessary locus standi to pursue a claim against that particular state under International law. The only exception can be made in case of human rights treaties – because they incorporate methods of “individuals” complaint mechanisms. However, because this mechanism requires the consent of States to apply and because they do not result in legal proceedings, their impact on the rights of aliens is limited.  What this means is that if a State violates its international legal obligations and thereby causes harm to an i

Critically discuss the current status and historical development of the international legal personalities of States, Inter-governmental Organisations, Non-governmental Organisations, Multinational Corporations, and Individuals.

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By International legal personality, it is meant to include ability of entities to ratify or sign agreements and treaties, enter into contracts and have obligations and rights under international law. In other words, it is the international legal personality of entities that determines whether they can be subjects of international law. According to the ICJ, an entity has international legal personality if it is:  "Capable of possessing international rights and duties and [has] the capacity to maintain its rights by bringing international claims.¹"  International legal personality of States is the oldest form of personality recognised by international law. In fact, international law developed from the international relations of sovereign States. So as to be able to conduct agreements with each other, States had to recognise each other's personality to act. As international law is still largely the creation of States, the international legal personality of States is the most