Which of the decisions in these last two cases is closest to Marshall’s original definition? How did John Marshall define and apply the definition of contract in Fletcher v. Peck?

/in /by

How did John Marshall define commerce in Gibbons v. Ogden? Was it a narrow or broad definition? How did the court define commerce in Heart of Atlanta Motel v. U.S. and in U.S. v. Lopez? How do you explain the different holdings in these last two cases? Which of the decisions in these last two cases is closest to Marshall’s original definition? How did John Marshall define and apply the definition of contract in Fletcher v. Peck? How did he apply the definition of contract in Dartmouth College v. Woodward? How did Roger Taney differ from Marshall in his definition and/or application of contract in Charles River Bridge Company v. Warren Bridge Company?

 

Does the War Powers Act of 1973 strike a sufficient balance of power between the executive and legislative branches?

/in /by

Does the War Powers Act of 1973 strike a sufficient balance of power between the executive and legislative branches? Is the act itself constitutional? With recognition that Congress holds the power to declare war, but the president is respected as the commander-in-chief to wage war, describe why the Constitution is or isn’t effecting in handling an issue as ambiguous as war.

How would you alter them or why would you not? Are some correct and others wrong?

/in /by

The Takings Clause of the Fifth Amendment states that; “Nor shall private property be taken for public use, without just compensation.”; Through various court opinions the interpretations of this clause have expanded the governmental power. Using cases we have discussed in class, do you believe that the interpretations are correct or not? How would you alter them or why would you not? Are some correct and others wrong? Is economic due process properly used in these cases?

Kelo V. City of new London (2005)
Nollan v. California coastal commission (1987)
Lucas v. South Carolina coastal council (1992)
Koontz v.

Critically evaluate the reasoning of the International Criminal Court in Al-Bashir Arrest Warrant Case in relation to the rules on Head of State immunity.

/in /by

Critically evaluate the reasoning of the International Criminal Court in Al-Bashir Arrest Warrant Case in relation to the rules on Head of State immunity.

Critically discuss this proposition.

/in /by

“Whereas Regulation (EC) No 261/2004 establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, The Montreal Convention 1999 already does this. In that regard, it appears that EU law is inconsistent with international law.”

Critically discuss this proposition.

. Advise the government of Carantorum as to whether it can lawfully use force in self-defence against the terrorist organisation in the territory of Vironico.

/in /by

Advanced Issues in International Law

Assignment Type: Essay

Word Limit: 2000 words

Instructions: Please answer ONE question

Essays MUST NOT exceed the maximum word length. Footnotes and bibliography are not included in the 2000 word count.

Please be sure that in your exam answers any verbatim quotation or close paraphrasing of sources (including the core textbook and lecture transcripts) is properly identified and attributed (using OSCOLA). Verbatim quotes must be in “……..” with a source and page number attribution. Close paraphrasing must be identified with a source and page number attribution.

Reference: OSCOLA

Sources: 10 independently find relevant authorities (which may include cases, statutes, and scholarly literature)

Textbook: International law by: malcolm evans 8th edition

ANSWER ONE QUESTION ONLY

  1. “The UK decision to ignore the ICJ’s Advisory Opinion on the Chagos Islands is inconsistent with its professed support for the international rule of law.” Do you agree with this statement? (essay question)
  2. A terrorist organisation located in the territory of the state of Vironico carries out an attack against the state of Carantorum, a neighbouring State. Advise the government of Carantorum as to whether it can lawfully use force in self-defence against the terrorist organisation in the territory of Vironico. (problem question)

Module Assessment Criteria:

  1. Relevant legal knowledge

Relevant legal knowledge refers to the candidate’s ability to demonstrate understanding of appropriate primary and secondary sources of law.

Assessment Criteria

  • Demonstrating your understanding of the reading materials connected with your essay question is necessary to achieve high marks
  • Demonstrating your understanding of the complex relationship between the rules and principles of international law, on the one hand, and the realities of international politics, on the other, is necessary to achieve high mark
  1. Analysis
  • Analysis refers to the candidate’s ability to demonstrate that they can break down a complex factual problem or theoretical question into smaller parts and apply relevant legal knowledge. Examples of analysis in law include identifying and separating distinct legal issues, discussing the different legal arguments that may relate to the parties in a factual problem, and identifying arguments in support of, and counter to, an essay statement.

Assessment Criteria

  • In problem questions, marks are awarded for your ability to apply your relevant legal knowledge to the problem facts. Further marks are awarded for your capacity to develop coherent arguments and/or identify areas where the law is unclear or unsettled.
  • In essay questions, marks are awarded for your ability to identify and separate distinct legal issues, and place them in the broader legal and political contexts. Further marks are awarded for your capacity to develop coherent arguments and/or identify areas where the law is unclear or unsettled.
  1. Communication

Communication refers to the candidate’s ability to demonstrate that they can share ideas and information effectively.* This criterion is composed of three parts: structure, style, and referencing.

Assessment Criteria

  • Essays – You will have included a clear introduction, which will comprise an explicit and assertive argument (a “thesis statement”) in response to the essay question and a clear indication of the different areas that you intend to cover in discussing that argument (a “roadmap”). In the main body of the essay, each of these indicated areas will be covered. For each paragraph there will be a clear and effective topic sentence, with analysis and evaluation, supported by appropriate sources of law. At the end of the essay, there will be a clear conclusion of the preceding evaluative points made in the main body of the essay and a reaffirmation / qualification of the argument stated in the introduction. You may have opted to include sub-headings, which should be logical and clear.

Problem Questions – You will have clearly considered your instructions and identified which parties you have been asked to advise and to have provided those parties with advice. In providing advice, you will have appropriately identified both explicit and implicit issues raised by the problem question and applied relevant sources of law. You will also have therefore shown an evaluation of the relevant claims / defences and given an indication of the likely success of such claims / defences. You may have opted to include sub-headings, which should be logical and clear.

  1. Evaluation

Evaluation refers to the candidate’s ability to demonstrate that they can make a judgement on an issue. Unlike analysis, evaluation is a subjective skill which often involves assessing the significance of a point within the wider context of the discussion being undertaken. Examples of evaluation in law include assessing the merits of a party’s case or legal argument, supporting or rejecting law reform proposals, and forming an opinion on an essay statement.

Assessment Criteria

  • You will demonstrate evaluation skills by doing the following:
  • In problem questions, you will provide an assessment of the parties’ legal rights and/or legal obligations that logically follows from the legal analysis. Typically this will require you to decide whether you believe a party has a strong legal claim.
  • Answers to essay questions have a thesis statement in the introduction and a concluding paragraph. The conclusion will give the student’s opinion on the essay statement.

 

 

 

 

Critically evaluate how effective the legislation on Equal Pay and Gender Pay Gap reporting has been in reducing the gender pay gap and the various factors behind its continued existence in the UK.

/in /by

Critically evaluate how effective the legislation on Equal Pay and Gender Pay Gap reporting has been in reducing the gender pay gap and the various factors behind its continued existence in the UK.

Discuss which policies you think should frame a countries approach to human trafficking and why.

/in /by

Discuss which policies you think should frame a countries approach to human trafficking and why.

Critically discuss this assertion with reference to the composition of its institutions, goals, law-making process and other issues which you deem relevant.

/in /by

The European Union is not a democratic institution.’ Critically discuss this assertion with reference to the composition of its institutions, goals, law-making process and other issues which you deem relevant.

Advise Spray as to the impact of the relevant EU law and the options available to sell its goods in Sweden.

/in /by

Spray GmbH (‘Spray’) is a German company that manufactures deodorants and hygiene products. During the COVID crisis, it has expanded its  scope of manufacturing and now produces sanitizing gel. It has sold the gel to several member states of the EU. Spray wishes to expand its market by selling to Sweden but quickly finds that it has difficulties in doing so.

The first difficulty Spray encounters is that Sweden limits the quantity of sanitizing gels that may be imported. Moreover, Sweden’s laws stipulate that all gels sold in its country must have a safety cap. Spray doesn’t use safety caps on its products but the standard caps that it uses on its deodorants. Spray is quite annoyed by Sweden’s requirement of a safety cap as other Member States do not impose this requirement.

Spray also finds out that when its goods enter Sweden, Spray will have to pay a 20 Swedish Kronas fee (the equivalent of approximately 2 Euros) per bottle of gel. Swedish authorities have informed Spray that this charge is for recycling costs.

Spray then finds out that because its products use stick-on-labels to display relevant manufacturing information, its products will be taxed at a higher rate than those products that print manufacturing information directly onto the bottle.

Spray is aware of a recommendation by the European Union that stick-on-labels should be dispensed with to protect the environment from unnecessary rubbish and recycling costs. In addition to the recommendation there is also a recent directive called, ‘Directive 2020/158’ (fictitious) in relation to the use of paper and the environment which explicitly states that all member states should achieve the objective of safeguarding the environment by minimising the use of paper within 2 years.

However, Spray conducts its own investigation and finds out that a number of Sweden’s manufacturers of hygiene products do not use a stick-on-label.

The final issue which has irritated Spray is that there are restrictions on television advertising of hygiene products which come in the form of a bottle. This is because of a recent incident in Sweden where a child accidentally drank liquid soap that was in a bottle because the child thought it was fruit juice.

Advise Spray as to the impact of the relevant EU law and the options available to sell its goods in Sweden.