ESSAYS -
LIST OF AVAILABLE ESSAYS ...
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Application of EU Competition Law
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This 10 page paper is written in two parts. The first part looks at Article 82, the old Article 86 and considers how this can be seen to encourage competition. The second part considers an Austrian wine maker who is exporting and facing barriers when exporting to other EU countries, such as an inspection charge to ensure there is no infestation and customs taxes. The bibliography cites 9 sources.
Filename: TEcompetition.rtf

Application of the 1969 Vienna Convention on the Law of Treaties
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This 20 page paper considers a fictitious treaty between 4 states that are all party to the 1969 Vienna Convention on the Law of Treaties, where 8 years after the treaty came into affect there are disagreements. One state is arguing that they were coerced into accepting the terms by the other states through the threat of economic sanction, and that it was a former government that ratified the treaty so it should be nullified, another believes that the state arguing this is creating a material breach, there are also arguments over reservations placed into the treaty by one of the states. The different issues are considered with reference to e convention. The bibliography cites 10 sources.
Filename: TEtreaties.rtf

Applications of the Classic Tests for a Just War
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This 5 page paper lists the classic tests for a just war then discusses those tests in regard to several international issues. An emphasis is made that issues must be evaluated within context and that the stamping out of evil and the promotion of good is of paramount concern. The problem that consistently emerges, however, is who is defining evil and who is defining good. Bibliography lists 3 sources
Filename: PPwarJustificationsTests1.rtf

Applying Contract Law
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This 18 page paper applies English law to two case studies concerning contract law. The first looks at a situation where goods are shipped and arrive in poor condition, with a potential breach of contract with the date of shipping and the method of shipping. The paper considers aspects of contract law including they type of contract; CIF, and obligations under contract including express and implied terms and the relevance of the Sale of Goods Act. The second case concerns a contract made in advance to buy olives where flooding diminishing the supply and the sellers claim they cannot sell the goods for the agreed price and may try to claim frustration. The paper make extensive references to case law. The bibliography cites 20 sources.
Filename: TEgoodsfrust.rtf

Applying The United Nations Convention On Contracts For The International Sale Of Goods
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This 4 page paper answers specific questions regarding the way in which the CISG can be applied and where local law will be used, which areas of international contracts it cannot regulate and how any disputes or disagreements regarding the meaning of the convention are settled. The bibliography cites 3 sources.
Filename: TECISG01.rtf

Appropriate Jurisdiction
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This 16 page paper, based on UK law, considers how a court has the power to decline jurisdiction. The writers considers what these powers are and how they can be used and if the criteria for deciding jurisdiction is clear, or needs further detail and clarification. Numerous cases, including The Abidin Daver [1984], Spiliada Maritime Corporation v. Consulex Ltd [1987]and the recent Lubbe and Others v Cape Plc [2000] are all considered. Relevant legislation is also discussed. The bibliography cites 7 sources.
Filename: TEjurisd.rtf

Are Critical Legal Studies Outdated?
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This 4 page paper examines the relevance of critical legal studies in today's world though the concepts of deconstruction and postmodernity. The paper is written with reference to English law. The bibliography cites 8 sources.
Filename: TEcritical.rtf

Are Human Rights Protected?
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This 10 page paper considers the existence and protection given to human rights through international conventions back up by legislation. Considering the position in the UK the paper discusses the existence of human rights protection, where there are abuses and who or what is to blame given the proliferation of international agreements. The bibliography cites 11 sources.
Filename: TEHRApro.rtf

Are Mandatory Sentences Justified in English Criminal Law
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This 8 page paper considers if there is any justification for mandatory sentencing in the English criminal law, the paper considers this from the perceptive of increased justice, increased efficiency and social interests. The bibliography cites 4 sources.
Filename: TEsentcg.rtf

Are Supreme Court Decisions Really "Landmarks ?"
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A 4 page discussion of Supreme Court rulings in which the writer argues that "landmark" precedents are not really as ground-breaking as they seem. The writer posits that most Supreme Court decisions have actually come from clear and concise points in the U.S. Constitution and are only reflections of changing social urges. As an example, Brown v. Board of Topeka is described as a case whose decision reflected the growing Civil Rights movement but whose "precedent" had actually been created long before in the 14th amendment. No Bibliography.
Filename: Courtsup.wps