Using The Relevant Case Law, Analytically And Critically Discuss The Relationship Between The Supremacy And The Direct Effect Of EC Law. In the making and promulgation of Community law, the European Court of Justice (ECJ) plays a crucial role. Many of the fundamental doctrines of EC law are not to be found in the Treaties, or secondary EC legislation, but in the case law of the European Court.No provision of the Treaty on European Union (TEU) contains an express term regulating the issue of the...
Improving procedural legitimacy. Increased involvement in decisions, access to good quality environmental information and ex post review mechanisms through such things as judicial review increases the accountability of the decision maker and makes the process more legitimate in the eyes of the public. Thus one can clearly make out how important the role of communities is, in making decisions regarding their environment and the impact of policies on their sustenance. In India...
Black’s Law Dictionary defines efficient breach as “the view that a party should be allowed to breach a contract and pay damages, if doing so would be more economically efficient than performing under the contract." Robert Birmingham in "Breach of Contract, Damage Measures, and Economic Efficiency",Says that repudiation of contractual obligations of the promisor, in cases where he can benefit from such breach despite putting the promise in a position as though the...
Ecology and economy have typically been treated as separate entities. Often the interests of consumerism and capitalism are in contradiction to the interests of ecology. According to architect William McDonough and chemist Michael Braungart, the definition of the triple bottom line in sustainability, uses the concept of eco-effectiveness that views commerce as the engine of change. Competing environmental strategies, however, have been grouped into a homogeneous categorization of green design...
Introduction This essay seeks to illustrate the role that ‘Common law’ and ‘Case law’ has played in the development of UK health and safety statute. The author will seek to explain the origins of Common law, its application and its interrelationship with statute law, in terms of statutory interpretation and the doctrine of judicial precedent. Both positive and negative aspects of such systems will be discussed during the course of the essay.The author will consider...
On the 29th October, 2010 Steven advertised in the NewFocus Paper, “Yamaha Piano latest model, excellent condition, RM15,000, interested please call 016-1234567”. An advertisement can either be an offer or an invitation to treat.However, it will be based on intention of parties. Steven was just invite people with statements placed in newspaper. Moreover, he only sells one piano because of limited stock and this indicates he is not a distributor of pianos and therefore no promise...
When it comes to fighting for the rights of laborers, one method that is often brought up is labor unions. The history of battling for workers’ rights is a long one that began in the 17th century. The rise of labor unions is said to trace back to medieval guilds of Europe which were formed to protect the rights of their members (Alchin, 2008).During the industrial revolution, new workers emerged in the workforce leading to a higher need for protection of their rights (Devine, 2008).In the...
International Chamber of Commerce The International Chamber of Commerce was set up in Paris in 191, soon after the World War First, on the initiative of a crowd of businessmen. It is a non profit making organization under French law and heads a network of national committees whose mem¬bers are economic and industrial players. It is not an interstate organization, as it is run by private enterprise. Nor is it an interstate chamber of commerce and industry. In fact, it is much more than...
Biotechnology is the science of developing techniques for the application of biological processes and organisms to the production of materials of use in medicine and industry. Viewed from one perspective, biotechnology is no more than an aspect of chemistry in that the raw material of biotechnology and its products- most commonly DNA[1]and polypeptides, or proteins, for which these DNA sequences, or genes, code- are merely chemicals, albeit that many of them occur in nature[2]. Certain aspects...
Introduction A felony criminal charge refers to a crime that originally involved the confiscation of someone's personal property such as a car or land. There are a number of crimes that fall under the bracket of felony. For instance there is arson, aggravated assault, vandalism of federal property, and battery. According to Lippman (2010) the person charged for any felony offence in a criminal court is referred to as a felon. There are a number of institutions and practices that...