customs jurisdiction and powers vis-a-vis international law obligations remain thorny issues in customs operations. Powers that customs can exercise can be limited by international law through conventions and treaties which a state becomes party to especially where people can claim immunity or where vessels are on the high seas and in international waters. International conventions such as the Vienna Convention on Diplomatic Relations‚ the UN Convention on the Law of the Sea and United Nations Convention
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INTRODUCTION The sources of international law are not the same as those in domestic law. The two major sources creating legally binding rules of international law are treaty and custom. In domestic law the question of the source of a rule or law is seldom controversial. Common law systems rely upon statutes and the decisions to be found in court judgments for evidence of the existence of the rule or law; civil law systems rely upon the appropriate legislation or Codes.
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GRAHAM’S Lessee WILLIAM M’INTOSH. March 10‚ 1823 ERROR to the District Court of Illinois. This was an action of ejectment1 for lands in the State and District of Illinois‚ claimed by the plaintiffs under a purchase and conveyance from the Piankeshaw Indians‚ and by the defendant‚ under a grant from the United States. It came up on a case stated‚ upon which there was a judgment below for the defendant. The case stated set out the following facts: [facts omitted...]
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To what extent is state sovereignty relevant in modern world politics? When in 1648 major European countries at the moment signed the Peace of Westphalia agreeing on respecting the territorial integrity‚ the first legal status of sovereignty and international system was formed. After more than three hundred years the international community declared the formal meaning and principles of sovereignty in one of the most important documents nowadays: the Charter of United Nations. The fundamental rights
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The Rule of Law and the Orthodox Doctrine of Parliamentary Sovereignty are constitutional concepts which were popularised by Albert Venn Dicey‚ an influential 19th century constitutional lawyer. Therefore‚ it seems only appropriate to begin this discussion with Dicey’s interpretation. In Dicey’s formulation‚ Parliamentary Sovereignty is comprised of two aspects‚ the positive and the negative. The positive side is that Parliament can ‘make or unmake any law’ and the negative aspect is that ‘no court
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REFERENCE 8 1. Introduction Today Maldives is experiencing the most serious economic crisis of all time and nation’s sovereignty is been challenged in various ways. The biggest challenges to Maldives sovereignty are unemployment‚ dependency on foreign aids including military‚ financial and bailouts or loans. Deficit level has endangered the sovereignty of the nation. Expenditure in the country has exceeded income‚ and as a result‚ the budget deficit is increasing. Fiscal control became
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I. introduction No area of international law has been so little explored by scholars as the history of the subject. is is a remarkable state of a# airs‚ probably without parallel in any other academic discipline (including other branches of law). Although this intellectual scandal (as it well deserves to be called) is now being remedied‚ we are still only in the earliest stages of the serious study of international legal history. Many blank spots exist‚ some of which will be identi‚ ed in
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Is the orthodox view of parliamentary sovereignty still relevant in the modern British constitution? Why (not)? 1. The orthodox view of parliamentary sovereignty To define parliamentary sovereignty does not seem too complicated when it is assessed in isolation. Only in connection with other constitutional principles difficult tensions arise. The orthodox view of parliamentary sovereignty is simply that only parliament has the right to make or unmake law and that no other institution can challenge
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1. Popular Sovereignty – Basic principle of the American system of government which asserts that the people are the same of any and all governmental power‚ government can exist only with the consent of the government. Ex. is that when slavery still existed‚ different territories had different opinions so‚ they let each territory decide if they wanted slavery or not.. 2. Limited Government- Basic principle of American government which states that government is restricted in what it may do‚ and each
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IEL 2011 Research Essay University of Hong Kong Faculty of Law International Environmental Law 2011-2012 Research Essay 16th December 2011 The Environmental Aspect of Sustainable Development for CDM Projects in China 1|P a g e 16th De ce mbe r 2011 IEL 2011 Research Essay The Environmental Aspect of Sustainable Development for CDM Projects in China This paper seeks to review the Clean Development Mechanism (“CDM”) projects in China on the environmental aspect
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