Law Essays

There are many multinational companies that are operating within their own jurisdictions and mandates. It is their duty to ensure that while they do so; they are governed by principles and morals. This is in relation to the people that work for them in foreign territories (Campbell 2004). Human rights violations are a heinous crime in many other areas all over the world.

The enforcement of foreign arbitral awards in Kuwait is secured by the bilateral treaties and/or the multilateral conventions with the single exception to deny the enforcement of the foreign arbitration awards done only on the grounds provided for by the treaty or the convention.  An arbitral award is usually given the same validity as a decision made by the courts in Kuwait, but they also need to be supported by the courts in Kuwait.

The continuous opening up of international markets has necessitated the infiltration of investors into foreign markets. This has in most cases translated into these foreigners forming partnerships with the host country investors. Such partnerships are always vulnerable to disputes that require legal instruments for their resolution. 

The New York Convention is seized with providing common legislative norms, in order to facilitate the recognition of arbitration agreements and the implementation of arbitral awards. This initiative was the outcome of the ever-increasing significance of the process of arbitration in resolving commercial disputes across the world. 

Kuwait has become a signatory to the ICSID or the Washington Convention. Since the year 2001, US firms have not engaged in investment disputes. However, there have been a significant number of commercial dispute claimants who have frequently expressed deep dissatisfaction with Kuwait’s legal system, which proceeds at a snail’s pace.

The qualitative methodology was employed to ascertain the underlying themes, in this research topic. Secondary sources were relied upon for procuring the latest information. The literature review indicates that Kuwait adheres to the norms stipulated under the NY Convention, to a major extent, in arbitration procedures. 

In relation to Kuwaiti arbitration, various issues like public policy exceptions in the enforcement of arbitral awards, applicable laws, conflict of rules in such enforcement, and absence of reason in the award were discussed. Moreover, the issue of arbitrability in the enforcement of arbitral awards was taken up for discussion.

The paper also aims to highlight the principle of transparency by studying the optimal public procurement regulations in EU Member States and displaying the evidence of such experience to the Kuwaiti legislators in order to enable them to adopt what is suitable for the legal culture and environment of Kuwait.

This paper aims to analyze the impacts of Foreign Direct Investment (FDI) on the economies of developing countries across the world. It is clear that in today’s economic situation, developing nations vie against each other to obtain foreign direct investment to create additional jobs and boost the economic growth in their regions.

International trade consists of commercial transactions between buyers and sellers all over the world. A huge problem in international trade is selecting a method of payment that is suitable for both buyers as well as sellers. If a correct method is not selected then it may cause problems for both parities. 

The issuer of the letter of credit may be a bank but the bank may have been instructed to create the letter of credit by a merchant or some other entity involved in trade transactions with the beneficiary. It is often used “in international trade and other business transactions, such as in the export and import of goods and services.

A large number of copies of copyrighted material can be obtained very quickly, and these copies are almost as good as the original. Such high-quality replicas can be transmitted to individuals connected to the Internet, across the world. This affects the interests of copyright industries, such as the music industry. 

Patents have geographical limitations, and their validity is restricted to a particular territory. In general, most countries provide only national protection, and do not offer international patent protection. This encourages parallel trading. Moreover, the existing laws relating to intellectual property rights uphold territorial restrictions.   

Electronic messages have enabled instant communication among the people of the world with such lightning speed making the people a close-knit community. Besides, it has made commerce with the people sitting at the extreme ends of the globe concluding deals as if doing it across the table without time loss.

The common law Statute is a definite legislative act from which a law originates, in Australian legislation, there are many branches that all constitute the section of the common laws these includes; criminal, traffic, contract, and tort laws. Most of these laws were formulated after the constitution of Australia was enforced in the year 1901.

Modern Australian law has its origin in English common law and has evolved over the last two hundred years to its present status. The presence of Aboriginal people was deliberately ignored and it was conveniently assumed that Australia was an uninhabited land in 1788 for the adoption English legal system by the colonial settlers.  

Australia is a Nation that is made up of Aboriginal and non-indigenous persons. Aboriginal persons are the people who first occupied the Australian land while the latter are the ones who came later to settle on their land. The non-indigenous mighty has come to trade or they had run away from their motherland from either war or some land disputes.

It is essential that one develops his/her understanding of aboriginal customary law in the context of social fact. The law is a law of the land, the law of survival, and does not have its roots in the deep thoughts of legal philosophers, but in the manner of survival and a reflection of the innate tribal manner of thought and action.

In any country, the capital market – a tool of financial intermediation – plays a very important role in the development of the economy. In the case of the Kingdom of Saudi Arabia (KSA, Saudi or the Kingdom), the capital market is considered one of the areas that hold the key to the nation’s economic future.  

Contemporary living has more risk of a certain kind than living in the past. Take the case of economic activities particularly now in the international context. There are definitely more and greater risks now, especially in the securities or capital market than when barter was still the medium of economic exchange in any country in the world.

This is done to see the Kingdom’s disclosure system more clearly (in comparison to other countries). Too, an evaluation of Saudi’s periodic disclosure regime is going to be made to determine precisely its areas that may need improvement to better serve the country’s capital industry in this fast-changing time.

Nowadays, Australia is deemed to be a parliamentary democracy that is independent and has remained to be a constitutional realm. As a matter of fact, its realm is similar to the United Kingdom’s monarchy which is normally represented by both the Governors of the state and the General-Governor (Cook & Hamer 2004).  

The legal system in Australia is based on the doctrines of the rule of the law, integrity, and the sovereignty of the judiciary. All people both Australians and foreigners are accorded the same treatment before the law and controls exist to ensure that every person is treated fairly and constitutionally by government agencies and officials.

The interviews would be limited to the top management and some members of the board while observation would be done to some lowly ranked employees and middle employees on roles of the board. The questionnaire attempts to answer questions like: Highlight some of the roles the shareholders have outlined for the board of directors for this company.

Stock can be lost from initial manufacturing, through distribution to delivery and storage up to the point of sale in shop displays. Losses may occur due to unintended errors in the processes used in the companies such as stock counting errors, scanning errors, store delivery errors, and errors in the methods of pricing.  

The research considers the progression of the securities markets and products in the universal perspective as impacted by the Islamic finance principles, and pinpoints the laws governing securities markets and products in New Zealand and the dynamic nature of the provisions of the said laws and feasible impacts of the Shari’ah principles.   

The Palestinian-Israeli conflict is among the most long-standing and intractable of the modern era. The conflict began at the end of the nineteenth century as a struggle between two national movements, the Palestinian and the Zionist, over the same piece of land. The decisive point of the conflict was the year 1948 when the Zionist movement won the war and established the state of Israel.

The intended research will focus on the limitations of academic freedom in Oman. The research is premised on the fact that Arab countries, Oman included, offer little academic freedoms such that faculties and students are not at liberty to conduct the researches they would want to, as research in some fields perceived to be sensitive is restricted.

In the 1990s, momentum led to the exploration of the idea that huge multinational corporations have a vital implication on human rights and as such should be held accountable in the event that their actions should violate such rights. According to Castan Centre for Humans Right Law, MNCs are thought to infringe on the human rights of developing countries through complicity and infringement of environmental rights.

Today, there is a considerable rise in demand to use arbitration in settling commercial disputes among business communities. This is because arbitration offers parties a flexible and efficient way of settling disputes that is less costly and time-wasting than using court systems. Furthermore, arbitration helps in solving local disputes as well as international commercial disputes.

Environmental sustainability, in general, is a complex notion. All the same in the context of development it can be construed to depict progressive growth that transforms a primitive state into a state that provides a significantly improved standard of living to the populace. This change is achieved by means of continuous economic, social and political growth and stability.

Generally, the term ‘Intellectual Property’ (IP) refers to an abstract concept, which defines the products or processes resulting from the creative processes of individual minds. More aptly, Miller and Cross (2012) have defined IP as the “property resulting from intellectual, creative processes (p. 206).

Businesses operate in environments that present diverse challenges that they can take advantage of to remain competitive. The same challenges could however impact negatively the performance of businesses if they are not well addressed. Competition in the market is a common phenomenon among businesses, especially those that operate at the same level.

The purpose of the paper is to propose a viable option for a new internet music distribution business to succeed. The paper explores the judgment of Universal Music Australia Pty Ltd v. Sharman License Holdings Ltd. [2005] FCA 1242 and uses the issues raised in the case to explore the historical context of illegal file sharing.

Throughout past deep history, human beings have demonstrated a yearning for respect, tolerance and equality. However, it is strange to note that despite the steps made by contemporary societies in technological, political, social and economic development, it remains that what ails contemporary societies, to a large extent, is the same as that suffered communities for many years.

International commercial arbitration is the process of resolving business disputes between or among transnational parties through the use of one or more arbitrators rather than through the courts.  It requires the agreement of the parties, which is usually given via an arbitration clause that is inserted into the contract or business agreement.

Rеvіеw οf thе lіtеrаturе clеаrly hіghlіghts thаt thеrе іs а іncrеаsіng аmοunt οf Kuwаіtі wrіtіng, whіch аrguеs thаt thеrе іs еnοrmοus nееd dеvеlοp а cοmmеrcіаl аrbіtrаtіοn frаmеwοrk аnd sеt οf rulеs іn thе Kuwаіt tο cοіncіdе wіth thе cοnsеnsus οf thе іntеrnаtіοnаl lеgаl cοmmunіty, whіch sο fаr cοuld nοt bе sаtіsfіеd by Іslаmіc lаw οr Shаrі’а stаndіng аlοnе.

A large number of women fear being attacked at night and hence avoid it. This difference has resulted from the fact that women are more vulnerable to crimes that have a great impact on personality development and have less knowledge of defense mechanisms than their male counterparts. Past research indicates that women who have experienced crimes such as rape form the highest number of those that fear walking at night.

Many women have become the target of criminals owing to their inability to defend themselves, a factor that has instilled fear in them. Men on the other hand are in a position to defend themselves and their main fear has been losing their material wealth to criminals. Though men experience crime incidences as women do, the impact such crimes have on women has been found to be long-lasting.

In most cases, globalization is viewed in economic terms and is thus considered the assimilation of national economies into an international economy through capital flows, foreign investments, military presence, and technology. On the other hand, urbanization can be considered as the physical growth of urban regions due to global change.

The research seeks to evaluate the influence of Islam and GCC in the setup of major International bodies handling criminals. It will make reference to some of the real cases of war crimes, genocide, and a crime against humanity in the recent past up to now. A good example is in Egypt where there has been a long struggle for democracy

ICAO was established in 1944 as a United Nations (UN) organ to promote the safe and orderly development of international civil aviation all over the world. Initially, the organization was created as the Provisional International Civil Aviation Organization (PICAO), which later became ICAO in 1947 (Diederiks-Verschoor & Butler, 2006, p. 45).

There is an ever-increasing number of women and children who are subjected to human trafficking. Human trafficking is a multifaceted problem that is mainly rooted in higher levels of poverty, ideals, and female subordination and marginalization. Consequently, combating human trafficking is a great challenge to the entire world. 

People smuggling is a crime that is growing internationally. This illegal practice has exposed the majority of immigrants to unaccepted risks. It is believed that most smuggled migrants are exploited and their lives put at risk. Several cases have been reported in which smuggled migrants have died due to suffocation in containers and died in desert

Over the last couple of decades, the trading of illegal drugs has been on the increase in most countries across the world. The global market for manufacturing, distribution, as well as the sale of drugs, has expanded at an alarming rate. Most countries have laws that prohibit the drug trade. However, this has not been successful to stop this illegal trade.

The data to be used will be collected through a literature review and a survey. The literature review will be conducted using existing literature, which will mainly include books and journal articles. On the other hand, the survey will be done through the issuance of questionnaires, designed with both closed- and open-ended questions.  

This study will focus on the causes of the relatively large number and diversity of criminal activities in the UAE. The aim of the study is to identify the crimes and to find solutions to reduce the crimes. The study also purposes to find ways of preventing the occurrence of these crimes in the UAE.

Before international laws came into force, many national legal frameworks considered children, lunatics, and married women as legally incompetent beings and as a result, needed not to enjoy their basic human rights or any form of protection. Women and lunatics, with time, were allowed to exercise some special forms of protection.

One of the rapidly changing issues in the aspect of society is communication. The computer has transformed the way society communicates and the internet has done a lot to propagate the process. Unfortunately, it has become even easier to commit a crime with the internet compared to physically robbing a bank. This brings the concept of cybercrime.

This section succinctly describes the motivation for the research. In order to do this, the section begins with a relatively bigger issue and it is for this reason that issues like the history of communication and the war against cybercrime have been discussed here. Also visited are current legal frameworks that fight cybercrimes.