Arbitration is a method of resolving disputes as an alternative to the usual and common judicial method. ADR was established by the Sovereign or the State. The concept of parties to a dispute settling their dispute in a binding manner by reference to a person or persons of their choice or private tribunals was well … Read more
Introduction Twentieth century has seen rapid advancement of science and technology along with the development of an international economy which is interdependent, eventually the importance and significance of national boundaries with regard to the daily life of many people and businesses has been reduced substantially. Thus, in the light of the same, it can be … Read more
I. INTRODUCTION In proceedings with a foreign element there are manifold interactions between the law of civil procedure on the one hand and private international law as well as (domestic or foreign) substantive law on the other hand. The “forum regitprocessum” rule is applied in the process and is performed under the forum law which … Read more
Every decree in India, be it foreign or domestic, are covered under the provisions of the Civil Procedure Code, 1908 (CPC). Section 2(6) of the Code defines a “foreign judgment” as any judgment of a foreign court. Section 2(5) of the CPC defines a ‘foreign court’ to mean a Court which is outside the territory … Read more
The argument about the necessity of knowing history for understanding English Law has been raised for a long time because of the long history of English Law. Law is not just based on ethical or political analysis and human nature but it is also about history. English Law has been evolving over the past centuries. … Read more
According to the Indian Contracts Act 1972, an essential feature of a valid contract is the consent of the parties involved. Section 13 of the Indian Contracts Act 1972 defines consent as ““Two or more persons are said to consent when they agree upon the same thing in the same sense”. That is to say, … Read more
As the world of sport grows parallel to the age of globalization upon us, there is a growing need for transnational dispute resolution (Ramaswamy, 2009). This fact is evident through the New York Yankees hats sold in Irish souvenir shops and the infiltration of rugby in the United States. With the increasing trend of globalization, … Read more
Introduction It is a fundamental principle of democratic government that there should be an elected assembly representing the people, and that this assembly should have authority to make laws that apply to the entire population. But there is no universal agreement that such an assembly should have an absolute and unlimited power to make laws … Read more
Delegated legislation is where a specific element of an existing Act of Parliament can be amended by particular parties such as; Government Ministers, local authorities and the Queen and Privy Council. These parties are granted power to make changes to current laws through enabling/parent Acts. The enabling/parent Acts sets out the parameters of which the … Read more
Social policy affects the everyday life of every British citizen through their lifetime, it’s determined by the government, and is made up of measures and interventions that are implemented in relation to the needs of society. The definition of what the needs of society are vary. Social policy aims to address the problems society faces … Read more
Chapter 1 Orientation of Study 1.1 Introduction Sustainable development is one of the prominent topics within the halls of International Environmental Law. The concept has become one of the principles of international law, influencing, guiding and architecting many State aspects that are close to social and economic development. Sustainable development is most commonly defined as … Read more
On February 7th, 1992, the Maastricht Treaty wаs signed by the members of the European Community in Maastricht, The Netherlands. The Maastricht Treaty created the European Union and soon led it to having a single European currency, the EURO. This was the beginning of a new era for the European Union as we know it … Read more
The legalisation of marijuana is one of the most discussed and controversial topics in Australia. Throughout the years, each individual developed their own opinion towards the matter, developing a strong debate caused by the contrasting views as to why it should be legalised or not. Many say that it has numerous medical benefits, therefore it … Read more
1 Chapter One: Introduction Leadership invariably occurs within the context of a group (Thomas et., al, 2013). They also noted, leadership is a relational property of groups; leaders can’t exist without a group of followers and followers can’t exist without leaders (Thomas et., al, 2013). Furthermore, raison d’être of leadership is the management and accomplishment … Read more
Parliamentary sovereignty is the principle in the constitution of the United Kingdom. The Queen use to be the main legislative authority in the past. She was able to pass down any law, this was known as the Queen in Parliament. Royal Prerogatives is a form of historical powers, which is used by the Monarch, but … Read more
