International and comparative law

Assignment Help Business Law and Ethics
Reference no: EM13325859

Part one: International and Comparative Law Maximum word length is 1500 words

With regard to the relationship between treaties and Australian law, Campbell JA in Samootin v. Shea [2012] NSWCA 378 made the following observation (at [33] citations omitted):

“International treaties that have been ratified by the Australian government do not as such form part of our domestic law or operate as a direct source of individual rights and obligations under that law. “

Explain this statement and give particular examples of treaties ratified by the Australian government which have become part of domestic or municipal law.

Part two: State Responsibility and Environmental Regulation,word length is 1500 words

Ecks Company was incorporated in State X, but has its headquarters, operating plant, most of its employees, and most of its shareholders in State Y.In 1980, a small branch office of Ecks Co. in State Z hired an industrial spy, Mr. O. O. Seven, to obtain secrets from a large competitor in State Z.The spy was successful.For more than a year he supplied the branch with the competitor’s most important industrial secrets, which the branch in turn passed on to Ecks Co.The competitor was a contractor of State Z, and many of the secrets the spy uncovered related to State Z’s national defense.Unfortunately, Mr. Seven was caught red-handed in 1981.He was arrested and convicted of espionage.In bargaining for a reduced sentence, he agreed to testify against the Ecks Co. and its branch office’s manager.

As a consequence, State Z prosecuted both the Ecks Co. and its branch office’s manager for espionage.The manager was found guilty, fined, and sentenced to a prison term.The Ecks Co. did not hire a lawyer to represent it in court, and it did not appear to answer the charges against it.The court entered a default judgment and confiscated all of the assets of the branch as punishment.Ecks Co. never appeared to appeal this decision to State Z’s appellate courts.

Subsequent efforts by Ecks Co. to set up a new branch in State Z were disallowed. Ecks Co. has long fumed over the loss of its State Z branch and the sentence handed down by the State Z court.

Finally, this year, it was able to persuade State X to bring a suit on its behalf before the International Court of Justice (ICJ).Both State X and State Z have recognized the jurisdiction of the ICJ to resolve this dispute.State X alleges that the Ecks Co. was denied justice.

Are there any objections to the ICJ’s jurisdiction that State Z may be able to raise?

Reference no: EM13325859

Questions Cloud

Explain isobutyl bromide in aqueous formic acid : Select all the statements that correctly describe the relative rates of the reactions described below. (I) Sec-butyl bromide reacts faster than isobutyl bromide in aqueous formic acid.
How might the bankruptcy of general motors and chrysler : How might the bankruptcy of General Motors and Chrysler--and the government response--damage the efficiency of the U.S. economy?
What should happen during the year to the japanese yen : Suppose inflation rate in Philippines is 100% over one year, but the inflation rate in Japan is only 3%. According to relative PPP, what should happen during the year to the Japanese yen exchange rate against the Philippine peso?
Determine her altitude as she crosses the bar : A 50-kg pole vaulter running at 14 m/s vaults over the bar. Her speed when she is above the bar is 1.7 m/s. determine her altitude as she crosses the bar
International and comparative law : International and Comparative Law
Explain what is the concentration of oh- : When zn(oh)2 (s) was added to 1.00 l of a basic solution, 1.14×10?2 mol of the solid dissolved. What is the concentration of OH- in the final solution
What is the height between the two window ledges : Jack and Jill are on two different floors of their high rise office building and looking out of their respective windows. What is the height between the two window ledges
Explain synthesize 2-cyanohexane : Which sequence of reactions would you use to synthesize 2-cyanohexane (racemic mixture) using 1-hexene as your starting material? Question 6 options: Reaction with (1) H2SO4 (cat.)
Find the electric field inside a hollow cylindrical shell : Use Coulombs' law and integration to find the electric field inside a hollow cylindrical shell with surface charge density ps and surface radius a

Reviews

Write a Review

Business Law and Ethics Questions & Answers

  Development of accounting

what extent can these events you identified in part a) be used to argue that accounting can have an influence on society?

  Explain children''s advertising law

Explain Children's Advertising Law and What is the problem with Children's advertising? Trace the sequence of events that led to the new law on consumer protection.

  Explain litigation- defective products

Explain Litigation- Defective Products and A way to improve litigation is to provide more opportunity for larger settlements when people are hurt by defective products

  Explain clear policies to balance workplace monitoring

Explain Clear Policies to Balance Workplace Monitoring and Briefly summarize the article 2. Pick a side and agree or disagree with the article and elaborate on your point of view

  Explain employment policies in company handbooks

Explain Employment Policies in Company Handbooks and In an organization, there are many employment policies in the company handbook

  Ggps spes to enter bankruptcy protection

Describe whether you agree or disagree with the court's decision to allow GGP's SPEs to enter bankruptcy protection.

  Explain the legal system and adr analyses

Explain The Legal System and ADR Analyses and Assume that the higher on the chart the case is the more expensive it is for all parties.

  Explain ownership of the engagement ring in divorce

Explain Ownership of the engagement ring in divorce and Where do you stand on this issue

  Problem on business law and communication

Problem on Business Law and Communication

  Explain negligence and proximate cause

Explain Negligence and Proximate Cause and if the plaintiff is successful in proving that the defendant's negligence was the actual cause of injury

  Explain fiduciary duty through failure to disclose

Explain Fiduciary Duty through Failure to Disclose and Plaintiffs appealed Did H&R Block violate a fiduciary duty through its failure to disclose its relationship with the banks involved

  He says business is different from society standard

According to Albert Carr (1995, p12), "He says business is different from society standard" (Shaw 1995). The game of business is like a game of poker. There are a few number of things are allowable in the business context such as lying about one's..

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd