Friday, May 22, 2020

The concept of Lex Mercatoria in internation law - Free Essay Example

Sample details Pages: 6 Words: 1933 Downloads: 9 Date added: 2017/06/26 Category Law Essay Did you like this example? Lex Mercatoria being the Latin term for à ¢Ã¢â€š ¬Ã‹Å"merchant lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ is the term used to describe the body of commercial laws that the merchants of Europe used during the medieval times. It is the body of law that will stand as the foundation in understand certain important international trade instruments. As it stands today, Lex Mercatoria is said to be vague, and not specific. Don’t waste time! Our writers will create an original "The concept of Lex Mercatoria in internation law" essay for you Create order This is due to the range of laws that are said to be contained within it which in following from the English common law system is made up of a system of customs and best trade practices. Thus there have been certain instruments introduced to fill the doubt and give more life to the body known as Lex Mercatoria. This has come in the form of the UNIDROIT principles of International Commercial Contracts and the Principles of European Contract Law (PECL). However, the United Nations Convention on Contracts for the Sale of Goods (CISG) seems to have more legal weight than the UNIDROIT Principles or PECL which come in the form of soft law. However, in order to really understand analysis of the application of these important international instruments with regard to contract law is imperative. First, in addressing the CISG and its applicability it is important to understand the background as to how the CISG came to being. The CISG was a result of the limited success that was met by the Hague Convention and required several years of discussions between various states across the globe. The United Kingdom, however, is not a signatory to the CISG and this seems to be due to the insufficiency in public resources, fear or losing the edge that London holds in international litigation and arbitration and most importantly due to the fact that a number of influential organisations have been opposed to the UK being a signatory to the CISG. The application of the CISG is triggered by the requirement for diversifying international places of business for both buyers and sellers. Thus, to countries where the convention applies the place of incorporation is deemed irrelevant and will be governed by the CISG. The field of application of the CISG being in Article 1 which states that it à ¢Ã¢â€š ¬Ã…“applies to contracts for sale of goods between parties whose place of business are in different states[1]à ¢Ã¢â€š ¬Ã‚  either due to states being contracting states[2] or by way of the fact that the rules of private international law lead them to the application of the law of a contracting state[3]. However, the second part of Article 1 has caused a bit of controversy due to the fact that as per Article 95 a state at time of ratification may declare that it will not be bound by Article 1(1)(b). This causes a difficult situation due to the fact that when one party has its place of business in a contracting state and the other partyà ¢Ã¢â€š ¬Ã¢â€ž ¢s place of business is in a non-contracting state the rule of private international law may cause the domestic law of one country to apply on one hand and on the other the CISG instead of the domestic law of the other party. The essence of this Article is however to give significance to the CISG over domestic laws. Moreover, it is important to note that this issue will prevail only as long as there are a limited number of signatories to the CISG. With time and the extended harmonisation of the law by more members following the CISG, this problem will soon be a thing of the past. Article 10 of the CISG provides for multinational enterprises that have more than one place of business. As such either the place of business that has the closest relationship to the contract and its performance[4] or in an instance where a party does not have a place of business, a partyà ¢Ã¢â€š ¬Ã¢â€ž ¢s habitual residence[5] may be taken into consideration. Furthermore, despite Article 1 dealing with fact that the CISG applies to the international sale of à ¢Ã¢â€š ¬Ã‹Å"goodsà ¢Ã¢â€š ¬Ã¢â€ž ¢; the convention fails to define the term à ¢Ã¢â€š ¬Ã‹Å"goodà ¢Ã¢â€š ¬Ã¢â€ž ¢; instead Article 2 lists out goods that are excluded from the scope of the CISG. Moreover, the convention does not define the terms à ¢Ã¢â€š ¬Ã‹Å"buyerà ¢Ã¢â€š ¬Ã¢â€ž ¢ or à ¢Ã¢â€š ¬Ã‹Å"sellerà ¢Ã¢â€š ¬Ã¢â€ž ¢ either. That being said about the CISG, the application of the UNIDROIT principles and PECL also needs to be taken into acco unt. The UNIDROIT principles were produced by a group of international scholars under the guidance of Professor Joachim Bonell and saw the first part of the UNIDROIT principles being published in 1994. The objective of the UNIDROIT principles was to summarize rule and practices relating to contracts that are common amongst the majority of legal systems across the globe in order to achieve harmonization. In this process, it has given more body to the Lex Mercatoria which throughout time has been criticized for being too vague and never giving a clear indication as to its contents. The UNIDROIT principles have also in the process proposed innovative solutions to satisfy the requirements of modern international trade. As such, the UNIDROIT Principles act as the framework or guideline within whose ambit international commercial contracts should be governed. Therefore, the UNIDROIT Principle will apply both in situations where parties have agreed to be governed by them as terms of the ir contract or in instances where parties agree for the contract to be governed by the general principles of the Lex Mercatoria. The PECL too has a similar history to that of the UNIDROIT principles and was first published in 1995. The PECL was published with the primary objective of making all EU public contracts bound by the PECL. It further provided for private parties also to expressly refer to and be bound by the PECL when entering into contracts. The application of the two principles is very similar in nature, despite the fact that the UNIDROIT principles apply international commercial contracts whereas the PECL applies to all types of contracts within the European Community. One other significant difference between the two is that the UNIDROIT Principles are applicable only for business to business (B2B) transactions whereas the PECL is applicable to business to consumer (B2C) transactions as well. Thus, as stated at the inception, unlike the CISG the UNIDROIT princi ples and the PECL are not legally operative instruments. Meaning they function more as soft law in comparison to the CISG which functions as hard law. As such, the PECL and UNIDROIT principles cannot be considered to be the governing laws of a contract, but rather can be incorporated into the terms of a contract. Moreover, when it comes to arbitration proceedings which function lex arbitri and parties are given the choice of selecting à ¢Ã¢â€š ¬Ã‹Å"rules of lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ which do not necessarily form part of a national legal system an arbitration tribunal will be allowed to surpass domestic mandatory rules. However, it should be noted that rules applicable regardless of the governing law will continue to be in force. Both the UNIDROIT principles and the PECL as mentioned before have a lot in common. First and foremost these principles can be used to fill in lacunas that exist in the national law of countries. Moreover, it also acts as a guideline for national courts and legislature in performing their duties. An important feature of the UNIDROIT principles is that due to its international applicability it also acts as a guide to supplement and fill gaps in international conventions such as the CISG. One of the main objectives of the PECL was to strengthen the single European Market while providing a singular law to govern contracts. This was done with the view of facilitating cross-border transactions within Europe with less complication. Another important reason for designing the PECL was to bridge the gap between civil law and common law systems especially with regard to contract law. Thus, it seems clear that both the UNIDROIT principles and the PECL have been heavily influenced by the CISG. These Principles covers the entire gamut of contract law, from the start i.e. formation to performance including remedies for non performance as well. A common element that holds all three of these instruments together is the concept of good fait h and each instrument describes and deals with it in its own way. Article 1:201 of the PECL requires that parties act in accordance with good faith and fair dealing. Thus fraud and taking of unfair advantage have been stated as grounds for voiding a contract in order to ensure that parties act in good faith both prior to entering into the contract and throughout the performance up until the conclusion of the contract. This includes good faith during negotiations and even goes to the extent of not disclosing confidential information. Good faith in the PECL is considered a mandatory rule and goes a step further to qualify termination of a contract for trivial breach as contrary to good faith even though in reality it could be considered technically as non performance. However, the PECL does not specifically define the term à ¢Ã¢â€š ¬Ã…“good faithà ¢Ã¢â€š ¬Ã¢â€ž ¢. The inclusion of the words à ¢Ã¢â€š ¬Ã‹Å"fair dealingà ¢Ã¢â€š ¬Ã¢â€ž ¢ in the PECL indicates that an objective test needs to be applied, and that will undoubtedly bring up in the least, some kind of honest but unreasonable behaviour. However, that does not mean that every failure to act in a reasonable manner would constitute a breach of the duty of good faith and fair dealing. The UNIDROIT Principles cover the requirement of good faith under Article 1.7 and while including the term fair dealings, goes a step further and maintains a broader aspect by adding the words à ¢Ã¢â€š ¬Ã‹Å"in international tradeà ¢Ã¢â€š ¬Ã¢â€ž ¢. This is done in order to emphasise that the standards that are to be adhered to and applied are those that are followed internationally. The UNIDROIT principles also give the concept of good faith a relatively broad interpretation. An important thing to note in this instance is the once again both soft law principles being the PECL and the UNIDROIT principles deal with good faith similarly except for the fact that the PECL is limited to the European Community whereas t he UNIDROIT Principles apply internationally. The CISG also deals with the principle of good faith in Article 7(1)[6]. This specifically deals with the CISG being interpreted as a uniform international law text. Thus, as per Article 7(1), the CISG should be interpreted and applied in such a way that good faith is observed in international trade and that the spirit of it is promoted throughout the globe. The difference between good faith being applied in the CISG as opposed to the UNIDROIT Principles and the PECL is that the CISG does not contain an express requirement that an individual contract should abide by the maxim of good faith whereas the other principles do. BIBLIOGRAPHY LEGISLATION: EU Principles of European Contract Law 1999 and 2002 INTERNATIONAL AGREEMENTS UN Convention on Contracts for the International Sale of Goods 1980 UNIDROIT Principles of International Commercial Contracts 2010 TEXTBOOKS Adams N.J, Atiyah P.S., Macqueen H, Atiyahà ¢Ã¢â €š ¬Ã¢â€ž ¢s Sale of Goods (12th Edition, Pearson Longman, 2010) Bradgate R, Commercial Law (3rd Ed, Oxford University Press, 2005) Goode R, Kronke H, McKendrick E, Wool J: Transnational Commercial Law (Part I, 2nd edn, OUP 2012) Richards P, Law of Contract (9th Ed, Pearson Longman, 2009) 1 [1] UN Convention on Contracts for the International Sale of Goods 1980, Article 1(1) [2]UN Convention on Contracts for the International Sale of Goods 1980, Article 1(1)(a) [3] UN Convention on Contracts for the International Sale of Goods 1980, Article 1(1)(b) [4] UN Convention on Contracts for the International Sale of Goods 1980, Article 10(a) [5] UN Convention on Contracts for the International Sale of Goods 1980, Article 10(b) [6] UN Convention on Contracts for the International Sale of Goods 1980, Article 7(1)

Thursday, May 7, 2020

Civil Rights in Criminal Justice Sexual Harassment

Every company has set policies concerning unprofessional behavior, ethics, and discrimination. It is each person’s responsibility to do the right thing when no one is watching. However, there are always those that think they are above the law so to speak. It is an organizations responsibility to uphold their policies and reprimand those that break them. Unfortunately, often times covert harassment, such as, sexual harassment goes unnoticed or ignored until a victim comes forth. According to According to Rubin (1995), â€Å"Title VII of the Civil Rights Act of 1964 covers sexual harassment with respect to compensation, terms and conditions of employment†¦ Sexual harassment is when a person receives unwanted sexual advances, requests for sexual favors, physical and/or verbal sexual overtones† (Rubin, 1995, p.3). Rubin (1995) discusses two types of sexual harassment: Quid pro quo is when an employee is forced into sexual activity under the threat that he/she will have a highly held benefit taken away and hostile work environment is when an employee is forced into sexual activity under the rouse that he/she will be given a highly held benefit and the behavior is extremely detrimental by altering the original terms of employment (Rubin, 1995). Such benefits could be job loss, raises, promotions/demotions, positive/negative performance evaluations, awards etc. As with any organization, female officers endure a constant barrage of discriminatory actions so organizations must enforceShow MoreRelatedCriminal Justice Trends Evaluation1581 Words   |  7 Pages394 WEEK 1 Criminal Justice Trends Evaluation Criminal Justice Trends Evaluation John Doe CJA 394 October 01, 2001 Jane Doedy Criminal Justice Trends Evaluation The criminal justice system is forever adjusting to protect and serve a changing society. The paper evaluates, identifies and assesses recent future and current trends affecting the criminal justice system. Lastly, it defines the values of the system in a changing society. 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Wednesday, May 6, 2020

Scholarship Free Essays

My career dream is to become a nurse. For me, becoming a nurse is the ultimate goal in life which unless I attain, my full potential cannot be fully exploited, hence the reason why I want to pursue nursing to the highest standards possible. Since my childhood, I have always wanted to become a nurse and serve in my community. We will write a custom essay sample on Scholarship or any similar topic only for you Order Now My desire has been strengthened by my parents who have strived to save enough to ensure that I receive quality education; in turn I worked hard and attained a high cumulative GPA.     Ã‚   In my personal experience I identified two significant questions that were decisive for my professional life, and it felt like a constant battle in my head, always trying to decide between two different worlds. Those questions were: 1. Do I become a professional that would feel realized and passionate for what I do? 2. Do I become a professional for ego or for the only reason of achievement power and prestige? I found that becoming a nurse would be professions that will help me make big impact in my community. I also know that based on the department of labor job bank data there is a shortage of nurses in the USA and for that reason is one of the professions that is on demand now a days for the next ten years. I also considered when I was in Korea to become a Doctor but I also found that it can take quit some time before can start serving my community. I have worked as a nurse in the past in a community hospital whereby I helped the health provider to streamline its nursing system which was adversely affected by fraudulent employees who were taking advantage of a weak reporting system. I also used my nursing knowledge to help the population especially the needy. I have contributed to the nursing community by getting involved in substance abuse awareness campaigns for teens to enlighten them on effects of substance abuse.   I also get involved in campaigns sponsored by different interest groups which are aimed at promoting career growth amongst the youths from the community living near my home town.   Serving in the community has helped me to understand that, despite someone’s’ weaknesses, serving in the community can bring out the leadership qualities in a person. To excel academically, one needs to receive quality education. This is the reason why I really need the Scholarship so as to be able to achieve my academic goals.   The course I am pursuing is very central to a nurse as it is designed to instill in nurses’, important concepts both theoretical and practical knowledge necessary in the nursing profession. For one to succeed as a nurse and indeed as a social worker the drive to do well must be present in the person, a nurse must be able to take initiatives as well as to offer guidance and care. If granted the Scholarship, I am likely to perform well in my studies and graduate with good grades.   Later in my career life, I intend to pursue goals and causes that will involve serving my community and the nation in truthfulness. Conclusion A Scholarship is the only chance for me to advance my academic performance and my personal leadership skills so as to come out of the college a better social worker, ready to serve my community and country.   I have in the past been spending a lot of time raising my tuition money but since the Scholarship will take care of my tuition money, I will have more time to study ad also participate in community activities. Works cited Barkley, Nella, and Sadburg, E.   Taking Charge of Your Career.   New York:   Workman Publishing, 1995.    How to cite Scholarship, Essay examples Scholarship Free Essays Why am I the best candidate for this scholarship? Well, to begin I am a hardworking, dedicated, and determined young women. I set realistic goals for myself and I try to finish anything that I start. At this moment in time I am currently working on my last year at and what a journey that has been. We will write a custom essay sample on Scholarship or any similar topic only for you Order Now While attending school I also work full time at RaceTrac Petroleum as an associate and volunteer with the Black High Achiever Club.As you can see I have quite a few objectives on my daily schedule but I don’t let that cause me to lose focus of what I really want to do in my education and career.. To start, to me its not enough to jus say I want to be successful anymore. I say, â€Å"I want to be a successful accountant. † Which is on of my long-term goals. I plan to achieve that by completing my courses at Valencia and obtaining my associate degree. Then I will transfer to the University of Central Florida to get my bachelor degree.Another one of my long-term goals is to finish school and become a Certified Public Accountant. I want to do this because there is so much more that I can do if I am certified. Long term goals are important but I cant forget that short-term goals matter too. My short-term goals are to continue and finish all of my courses at Valencia in May of 2010. Also I want to continue to work for RaceTrac Petroleum and work on moving up in the company at the same time.There are many opportunities out there sometimes you just have to take the next step. To conclude, I am the best candidate for this scholarship because I have the dedication and determination that it takes to make it in life. Not only that ,but I am also a hard worker. Where I come from hard work, dedication, and determination not only brings success but it ensures it. I want to further my education and I plan to do this by staying focus on all of my goals and taking the necessary steps to accomplish my goal. How to cite Scholarship, Papers Scholarship Free Essays I believe I deserve the Bloom Trail Alumni Scholarship because with its assistance the cost of college will be more obtainable. Being able to attend college is important to me because it provides many opportunities for me in making sure I have a successful career and future. By attending college, I will be able broaden my horizon and grown not only as an individual, but more importantly I will be able to grow academically. We will write a custom essay sample on Scholarship or any similar topic only for you Order Now This fall I will be attending Northern Illinois where I plan to receive my English degree along with my teacher’s certificate. With a teacher’s certificate I want to return to a school similar to Bloom Trail. During my experience here at Bloom Trail I have encountered many opportunities that have shaped these decisions. The diversity here has caused me to look at everything with more of a patient, open approach so I can understand the different personalities I come across. I also have met many teachers along my journey who have affected my decision to further my education in becoming a teacher at a similar school. Even though they probably could have found a job at a better school, they still decided to teach at a school where students need a little more work and someone who has a love for sharing their knowledge and wants to see students succeed. These are the kind of teachers who have pushed me to excel academically instead of just settling for the easy way out. Not only did they push me to do my best educationally, but to also break out of my â€Å"shell† that was holding me back from being someone who could one day make a difference in someone else’s life. Along with these skills, there have been several times I had a lot of pressure on me to meet a certain deadline all while managing the other aspects of my life. These situations have helped me to be a more disciplined and organized individual. With all the chaos of juggling two jobs, a social life, and school going on I’ve still been able to remain a reliable person. My teachers, friends, family, and employers can still count on me to be there when needed and meet my deadlines. So with my skills and experiences I believe I have what it takes to make a good teacher. School is a major aspect in children’s live by helping them shape and mold themselves into for whatever the future has in store for them. I would love to one day be able to say I could do that for someone, and being a teacher would make that possible. Being able to just reach out and touch the life of one child would mean a great deal to me, and with the assistance of your scholarship I will be able to do just that. I will be able to start the next chapter in my life where I look forward to conquering all the obstacles I come across on my journey to one day being able to give back to the community and students just like you have done for me. So I greatly appreciate the opportunity of being considered for this honor and I hope you will be able to make my dreams possible by awarding me your scholarship. How to cite Scholarship, Papers Scholarship Free Essays Passion, dedication and time embody a no ordinary volunteer for service and gratitude. Imagining the smiles in the faces of people, especially the less fortunate who have experienced charity is a pretty good feeling knowing that you have given your unconditional time and was able to lend a helping hand. I have shown my spirit of volunteerism for many years now and have been involved in many outreach programs and projects that help communities improve not just their livelihood but also their spiritual growth in many places. We will write a custom essay sample on Scholarship or any similar topic only for you Order Now Likewise, serving my community church as a Bible study teacher and Usher made me realized how important public service is. This made me grow not to the worst but to the best of my ability to serve for the greater good. With my degree in Human Resource Management and International Relations, I was able to work and assist over 50, 000 Quartermaster Soldiers as a Career Manager with an aim in helping them with their ideal professions or careers. Also, I call myself for response to soldiers who are victims of Sexual Assault in over 85 cases as a Sexual Assault Coordinator while also working as a Unit Victim Advocate. Because of this uncontrollable and worsening abuse, I wanted to go beyond the â€Å"comfort zone† by providing a shelter for battered men and women and do simple but courageous everyday things that will express my deep love and concern for the common abused people. This is the reason why I am dreaming to earn the scholarship offered by the US Army Foundations. Through this, I can be able to help the abused Soldiers and their family members who are victimized by Sexual Assault. Although this dream is but small, the realization of these small actions that we do everyday gives pretty big results because it is through little raindrops that we make big floods. How to cite Scholarship, Papers