This work comprises of five essays that I wrote during my undergraduate and postgraduate legal studies. These essays were written on subjects as diverse as Corporate Governance, Insolvency Law, Public Law, Jurisprudence and Public International Law. In the first essay I analyse political forces and orientations as a determinant of corporate governance in the Anglosphere and German models. The second essay analyses the rescue of failing businesses in the light of the successes and failures of the Enterprise Act 2002. The third essay is a discussion on the foundations of contemporary Public Law and goes on to discuss the role of positive constitution and ius publicum. The fourth essay discusses the relevance of the debate between Legal Positivism and Natural Law in the context of fundamental rights. The fifth essay analyses the adequateness of the the concept of attribution in the Law of State Responsibility. I have decided to publish these works in the hope that they assist students, researchers and academics.
This essay is an attempt to analyze the precedent law of the European Court of Human Rights. The essay analyzes the precedent law as a theory and its models giving examples on national legal systems. The precedent law of the European Court of Human Rights is one of the complicated issues, because there is not general theoretical view on it. The precedent law of the Court is developing and gains new features. The Court uses its previous consequences in previous decisions on a subsequent case as a precedent norm. The Court creates a case law system that influences legal reforms in national legal order. The aim of the essay is also to analyze modern views on precedent law of the Court and on its influences into national legal systems analyzing example of Azerbaijan Republic by using the analyzing model of methodology for research aims.
This is a three-essay research work that examines the effects of objective aspects of business organizational culture and the region on objective measures of the outcomes of sustainable competitive advantage. The first essay examines the association of objective aspects of business organizational culture on objective measures of sustainable competitive advantage. The first essay recommends that firms increase the number of training hours devoted annually to each employee and increase the percentage of production employees participating in empowered work teams. The second essay describes a conceptual model and provides recommendations for best business practices for manufacturing firms that realize the ultimate ability to generate competitive advantage when their resources are exposed to global market processes. The third essay explores the link between the firm and the region. This essay recommends economic development policy makers and business leaders to consider new business models that take advantage of regional economies in order to stay competitive.
This is an easy to use guide on how to complete the various types of assessment normally encountered in undergraduate law programmes. Encouraging students to apply the skills they have learnt, it covers a wide range of tasks including essay writing, giving presentations and moots, taking exams and completing dissertations.
The title of my thesis is the rule of law and the British Constitution. For the sake of the transparency I divided my essay into two main parts. First I deal with the problem of the unwritten constitution in Britain which serves as an everyday debate among legal experts. To underline the two parts (those who support to have a written and those who propose to have an unwritten constitution) I demonstrate some opinions and the main reasons for and against it. Of course I further explain the historical background of the development of the constitution, to the better understanding of its today form. After this, I display the features and the characteristics of this document. In the second part of my essay I come to the principle of the rule of law. After a historical overview I briefly mention its connections to other principles. A. V. Dicey is the most important deputy of the rule of law notion and each British author mention him. Therefore I express his conception and I point to the failures of his theory.
There are certainly no perfections and neither Russian nor EU competition law represents a perfect solution in respect to joint ventures, nevertheless, while in EU joint ventures are enjoying increasing popularity, in Russia more foreign investors do prefers to establish wholly owned companies. Joint ventures still create many legal uncertainties under Russian law. This essay assesses joint ventures under EC merger regulation and Russian law on competition in order to provide better understanding of two so different, but at the same time similar legal systems.
This book is the first in a series of essay collections on defences in private law. It addresses defences to liability arising in tort. The essays range from those adopting a primarily doctrinal approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of tort law as a whole. A number of the essays also draw upon concepts and literature that have been developed mainly in relation to the criminal law, and consider their application to tort law. The essays make several original contributions to this complex, important but neglected field of academic enquiry.
Should we pay children to read books or to get good grades? Is it ethical to pay people to test risky new drugs or to donate their organs? What about hiring mercenaries to fight our wars, outsourcing inmates to for-profit prisons, auctioning admission to elite universities, or selling citizenship to immigrants willing to pay? Isn't there something wrong with a world in which everything is for sale? In recent decades, market values have crowded out nonmarket norms in almost every aspect of life-medicine, education, government, law, art, sports, even family life and personal relations. Without quite realizing it, Sandel argues, we have drifted from having a market economy to being a market society. In What Money Can't Buy, Sandel examines one of the biggest ethical questions of our time and provokes a debate that's been missing in our market-driven age: What is the proper role of markets in a democratic society, and how can we protect the moral and civic goods that markets do not honour and money cannot buy?
This volume brings together scholars of theology, history, law, and media studies of religion, who explore the Catholic intellectual tradition from the perspectives of these disciplines. Each essay explores both the promise of Catholic intellectual life and its contemporary predicaments.
Landmark Cases in the Law of Contract offers twelve original essays by leading contract scholars. As with the essays in the companion volume, Landmark Cases in the Law of Restitution (Hart, 2006) each essay takes as its focus a particular leading case, and analyses that case in its historical or theoretical context. The cases range from the early eighteenth- to the late twentieth-centuries, and deal with an array of contractual doctrines. Some of the essays call for their case to be stripped of its landmark status, whilst others argue that it has more to offer than we have previously appreciated. The particular historical context of these landmark cases, as revealed by the authors, often shows that our current assumptions about the case and what it stands for are either mistaken, or require radical modification. The book also explores several common themes which are fundamental to the development of the law of contract: for instance, the influence of commercial expectations, appeals to 'reason' and the significance of particular judicial ideologies and techniques.