Showing posts from 2020

Jus cogens norms have been called the superheroes of international law because they are both extremely powerful and completely fictional. Is this characterization accurate?

“Jus cogen” norms are rules of customary international law that have become so familiar in the system that they are treated as the inviolable rights under the international law. It has to be noted that customary international law is created through custom and this indicates that the acceptance of persistent unlawful acts by other states over a period of time creates a new legal principle under international law. In ordinary circumstances, a treaty obligation will prevail over customary international law unless that specific law has gained the status of a “jus cogen” norm.Hence, the States considers the “Jus cogens” norms as inviolable. This essentially means that any international instrument will not apply if its effect would be to violate a “jus cogens” norm. And neither will contrary State practice give rise to a new custom of international law.These norms are extremely powerful as these norms were created when State practice by a significant majority of States along with the releva…

The lack of effective enforcement of treaty obligations under international law makes treaties worthless. Critically discuss.

Over the years treaties have become one of the most important sources of international law. They serve many functions and are incomparable as a tool for the creation of rights and obligations between States as well as the regulation of their conduct. It is a principle of customary international law, as well as treaty law, that treaties legally bind the ratifying States.[1] The advantage with treaty is because they allow States to consciously and quickly modify their rights and duties under international law whereas customary international law requires consistent State practice over time to develop. Also, treaties bring about a lot of certainty as their text provides authoritative guidance on their application and scope.  Ordinarily, treaties often incorporate their own enforcement mechanisms which may vary and can be in various forms. Generally, in human rights treaties, a committee is created to oversee compliance by signatory States[2] which are required to submit periodical reports …

London Law Tutor launches Law Tutors Online, Birmingham Law Tutors, Manchester Law Tutors and Nottingham Law Tutors in 2020

“In the middle of every difficulty lies opportunity” Albert Einstein 
LLT has always been a company that has evolved with time, and this evolution has also led to innovation and experimentation. Our DNA as a company that is in pursuit of academic excellence from the outset encapsulated blending ambition, resilience, innovation and perseverance. Therefore, despite these trying times that humanity faces, we believe that relentless optimism shall move the world forward,  with this backdrop and attitude in mind, we have launched Law Tutors Online, Manchester Law Tutors, Birmingham Law Tutors and Nottingham Law Tutors.    

Law Tutors OnlineUK Law TutorUK Law TeacherManchester Law TutorBirmingham Law TutorNottingham Law TutorSheffield Law TutorOxford Law Tutor,Cambridge Law TutorBristol Law TutorLiverpool Law Tutor, and London Law Tutor are trading names of London Law Tutor Ltd. which is a company registered in England and Wales. Company Registration Number: 08253481. VAT Reg…

How to Become a Lawyer | Legal Career Guidance for US & UK Law Students

HOW TO BECOME A LAWYER IN THE UNITED STATES OR THE UNITED KINGDOM?United States of America1)         How to become a LawyerAlthough the specific requirements for becoming a lawyer in the United States vary depending on the state, but the general prerequisites are the same. In a nutshell, you will need to graduate from a law school and pass the state bar exam to be eligible to practice law in the United States. Even though becoming a lawyer might seem like a very lucrative career – which happens to be true in most cases – but a great deal of effort and hard work needs to be put to become one, as one requires at least seven (07) years of schooling after high school.2)         Getting into a Law SchoolIf you have developed an interest in law early on (in high school, for example), it would be good to join your high school’s debate or moot court team, and participate in other activities related to the legal field. You do not have to wait until law school to start gaining skills and experi…

Consider the following perspectives of a buyer and a seller in a cross-border sales transaction: Seller (U.S.): We hope to get more business from this company – using the right means we really can make a great return on this shipment of books, and both parties are happy. In the best American tradition, we want to meet all our customer’s needs, but really, with a one-off shipment, managing the transport to the U.K. port is easy to fit in with our more regular clients. Buyer (U.K.): This is my first really big shipment from the U.S. book supplier, but I can’t afford for them to do all the work. I can deal with the U.K. side, and by contacting the Institute of Freight Forwarders I got hold of a really reputable company – they’ll sort everything out in the U.K., but will only insure from the U.K. quayside. They can even arrange delivery direct to the conference centre the day we are setting up, so I don’t have to pay any storage charges. What are the INCOTERMS? Analyse the above situation, explaining in what ways each INCOTERM would and would not be ideal for this situation.

As international borders have gradually but certainly become significantly less of an obstacle to international trade, and bodies such as the WTO and the EU have worked hard to encourage trade on an international basis, a certain level of standardisation has been both inevitable and encouraged. INCOTERMS are an example of such globalisation as they are the standard terms used across the globe in both international and domestic contracts for the sale of goods. INCOTERMS are used to determine many core elements to a contract, including collection, payment, and who is responsible for the goods. However, even standard terms cannot alleviate some of the problems that can arise. It is submitted that, due to cultural differences across the globe, the same term agreed between two parties can be interpreted very differently and the words as they appear on paper may not in reality represent a consensus.[1] It is therefore incredibly important that the meaning of such terms of understood alongsi…

Describe the primary alternative approaches to reviewing arbitration awards, and discuss ways those alternatives might be more or less desirable than the approach taken in Fidelity Management SA v Myriad International Holdings?

Arbitration has become an incredibly common and popular tool for parties who wish to resolve commercial disputes. Along with the lex mercatoria, arbitration has geographical benefits in that it circumvents the need for foreign parties to litigate in, what to them would appear, a foreign court within a foreign jurisdiction.[1] Arbitration is popular as it gives the disputing parties optimal control, not only can the choose the body or persons to arbitrate, but they can also elect where this arbitration is to take place.[2] The speed of such arbitration, notable from the WTO selection of arbitration as a dispute settlement mechanism, makes it even more attractive for commercial parties.[3] The case of Fidelity Management SA v Myriad International Holdings[4]was followed by an even more significant decision in the House of Lords – the case of Lesotho Highlands Development Authority v Impregilo SpA.[5] Both of these cases significantly state that English courts are not to interfere with th…

Suggest a specific arbitration clause that can be incorporated into an international trade contract, explaining clearly why each element of the clause should be included. Also identify potential problems that should be avoided when selecting language for the clause.

The first thing to consider when it comes to arbitration clauses that are to be incorporated within a contract is the form that should be adopted. Will an oral agreement suffice? The answer to this question is no. S.5 of the Arbitration Act 1996 makes it clear that for Part 1 (the majority of the legislation) of the Act to apply to an arbitration choice, the agreement for choose arbitration must be one that is incorporated through writing.  The suggested arbitration clause used by many legal firms and recommended as such is as followed:All disputes arising out of or in connection with or relating to the present contract, or the breach, termination or invalidity thereof, shall be finally settled under the 2012 version of the Rules of Arbitration of the International Chamber of Commerce by three arbitrators appointed in accordance with the said Rules. The seat of arbitration shall be London, UK. Procedure shall be governed by English law. The language to be used in the arbitral proceedin…

What does Andrew Spalding, in his article “Unwitting Sanctions”, argue is problematic about the Foreign Corrupt Practices Act?

The Foreign Corrupt Practices Act 1977 came into force in the face of a culture of corruption that was harming the economy, society, and the democracy of institutions.[1] In his appraisal of the FCPA, Andrew Spalding concludes that whilst the aim of this Act was to encourage investment, the actual outcome has been converse to that which was intended and instead the act now deters such investment.[2]
Spalding is of the opinion that w[3] Spalding argues that is detrimental to the US by reasons of the increased cost involved in doing business within such countries. This would seem to suggest that where bribery is a traditional element of doing business within a particular country it should not be uninterrupted. There are several arguments against bribery; the strongest counter-argument to Spalding’s contention of the increased cost being that bribery is rarely a definitive numerical calculation and therefore, it can add an unpredictable cost to the transactions.[4] here bribery is common…

Law Student Life Series: How to get a First Class Law Degree

The university experience of a first class law student who graduated top of their year from a UK Russell Group university, with 7 awards, a scholarship at a leading international law firm and a training contract at another global law firm.
'Mental Health, Motivation and Making Memories' covers the purpose of going to university, balancing working hard with having fun, part-time jobs, volunteer work, healthy living, social media and choosing modules.

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