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How to make sense of the Brexit vote and its aftermath? To where can we look if we are to learn more, and to learn more deeply, of the agonistic parts played by principle and pragmatism in human decision-making where self, sovereignty and economic well-being are concerned? King John – Shakespeare’s English history play with the earliest setting of all – casts the longest and, perhaps the strongest, light.
On 10 August 1678, France and the Republic of the United Provinces of the Northern Netherlands signed a peace treaty at Nijmegen [Nimeguen]. The treaty, which was one of several between the members of opposing coalitions, ended the war which had started with the nearly successful surprise attack by the French King Louis XIV (1638–1715) on the Dutch Republic in 1672.
With dates for both the NPPF Step Two Legal Examination for police sergeants and National Investigators Examination looming closer, we’ve put together a playlist to help get you through your revision. Stuck trying to get your head round a tricky piece of legislation?
Just over three hundred years ago, William Pitt Amherst arrived in China as Britain’s putative ambassador. The new frontier that China presented remained closed until it was opened by force of arms, solemnized in treaties denounced by China as unequal and marking the beginning of a century of humiliation. In other parts of Asia, international law facilitated and legitimized the colonial enterprise to expand international law and commerce to other frontiers.
It’s a fundamental principle of developed legal systems that justice is blind. This is often represented by the blindfolded Lady Justice. Objectivity is key to the determination of legal disputes, and parties’ rights and obligations. International commercial arbitration plays an important role in the resolution of cross-border commercial disputes.
It is elementary that judges must adjudicate fairly between the litigants making and defending a claim. For this judges are helped by the litigants and their advocates. But judges must also be fair to witnesses, and to third parties who may be affected by a trial, even if they are not present. For this judges are on their own. Aggrieved litigants have clear rights of appeal. If witnesses or third parties are aggrieved, it may be much more difficult for judges, first to appreciate that fact in good time, and then, to find a remedy.
The first dynasty of Roman emperors, collectively known as the Julio-Claudians, knew how to make headlines. From the frequent accounts by contemporary and later writers of their use of torture, rape, and murder to the more recherché ways of humiliation and abuse such as seeking to appoint a horse as consul (as the historian Cassius Dio says of Caligula), there is little to suggest that the administration of justice was very high on their agenda.
Aside from the field of history itself, few disciplines routinely reach out to texts dating back several millennia to reassess fundamental issues. Theology is one, for obvious reasons. Another is philosophy, where the texts of Plato or Aristotle, not to mention more obscure writers, routinely warrants attention. In legal scholarship, a similar foundational position is held by Roman law.
There are crimes without victims and crimes without criminals. Financial crime belongs to the second type, as responsibilities for crises, crashes, bubbles, misconduct, or even fraud, are difficult to establish. The historical process that led to the disappearance of offenders from the financial sphere is fascinating.
Congress should repeal the Logan Act. Modern, globalized communications have destroyed any remaining rationale for this outdated law. The Logan Act today potentially criminalizes much routine (and constitutionally-protected) speech of US citizens. During the presidency of John Adams, Dr. George Logan, a private citizen, engaged in freelance diplomacy with the government of revolutionary France.
Every President is attracted by the idea of making public policy by unilaterally issuing an executive order — sounds easy and attractive. Get someone to draft it, add your signature, and out it goes. No need to spend time negotiating with lawmakers.
When Sir Ivan Rogers stepped down in January as the UK’s top official in Brussels, he urged his colleagues to ‘continue to challenge ill-founded arguments and muddled thinking’ and not to be afraid ‘to speak the truth to those in power.’ The implication was clear. The government’s Brexit preparations displayed all these failings but the politicians responsible did not like having this pointed out.
In nature, there are weather conditions, referred to as ‘perfect storms’, arising from a rare combination of adverse meteorological factors creating violent storms that significantly affect the socio-economic conditions of an area. Social scientists refer to similar adverse factors as cultural amplifier effects. Currently, there are approximately 2000 correctional and detention facilities in the US with over 450,000 employees.
Under the Trump Administration, many changes are in the air. Our prediction is that the post-financial crisis paradigm shift in financial regulation is here to stay. There will be a rebalancing of regulatory and supervisory goals away from a sole focus on financial stability to thinking about jobs and economic growth as well, but we do not expect to see a wholesale dismantling of the Dodd-Frank Act.
The Distomo cases, the Urgenda Foundation v The Netherlands case, the Alien Tort Statute cases, and the Israeli targeted killings cases are among the most fascinating domestic cases on international law. But why should we care about domestic courts’ interpretation and application of international law?
During his first official week in office, United States President Donald Trump is moving quickly on his to-do list for his first 100 days in office, proving that he plans on sticking to the promises that he made as a candidate. Earlier this week, the Trump administration ordered a media blackout at the Environmental Protection Agency and has instructed staff to temporarily suspend all new contracts and grant awards.