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Answer To Question 1a The grounds on which a vessel may be protected are that if the Secretary of State is Satisfied in respect of a site that has historical, archaeological and artistic value. This would include objects contained or previously contained in the vessel that was lying on the seabed it would also cover any objects or artefacts that may be lying in the wreck or in close proximity to the wreck which would mean that the site should be protected from any unauthorised...
Assessment Question 2 A witness to a Road Traffic Accident (RTA) who suffers a recognized psychiatric disorder (like Post Traumatic Stress Disorder) as a result of witnessing the RTA can claim damages against the person causing the accident. Damages were awarded for the first time, for what was then known and referred to as ‘nervous shock', in Dulieu v White and Hambrook v Stoke Bros. Following the ruling in Bourhill v Young the first case to be appealed in the House of Lords, cases...
International Trade, Agriculture And India With Emphasis On Agreement On Agriculture Relationship Between Agriculture And Environment WTO and AOA Article 20 of the Agreement on Agriculture (AoA) negotiated during the Uruguay Round mandated the continuation of the negotiations in agriculture. They began in March 2000 and are continued with the latest ministerial conference in Hong Kong.The General Agreement on Tariffs and Trade (GATT) reached in 1947 exempted agriculture from certain basic...
Het recht op persvrijheid 1:Inleiding Op 26 september 2006 werd journalist Bas van Hout gegijzeld door het OM omdat hij weigerde de rechter-commissaris informatie prijs te geven in de zaak van Mink Kok. Ook Bart Mos en Joost de Haas, journalisten van De Telegraaf, werden door de AIVD afgeluisterd en in december 2006 drie dagen gegijzeld omdat zij weigerden hun bron prijs te geven met betrekking tot het openbaren van beweerde staatsgeheime AIVD-informatie. Ook journalist John van den...
This essay aim is to critically evaluate the economic, political, industrial and internal union factor which has affected the journey of trade unions. Sydney et al. (1920) defined Trade Union as a continuous assessment of wage earners for the purpose of maintaining or improving the conditions of their working lives. Thus, the Union is a body which fights for the welfare of its members.Trade Unions (TUs) origins date back to the 14th century. Some people speculated that it was the product of...
Due process can be explained as a series of safeguards within our criminal justice system to ensure the guilty are found and the innocent are released. Due process is the backbone of what we as a nation consider justice and what constitutes a ‘fair trial', from presumption of innocence to legal representation for defendants. This way of thinking does not always translate into ‘real life', and is even considered to be under threat from those within the system.Due process as a set of...
The case of Holley was heard by the Privy Council in June 2005 after the Attorney General for Jersey appealed against the decision of the Court of Appeal of Jersey. The facts of this case are as such; the defendant, Holley, and his girlfriend were both chronic alcoholics and had a violent relationship. On the 13th April 2000 the defendant and his girlfriend spent the day together in the pub. He returned to their shared flat mid-afternoon and began to chop wood with an axe whilst continuing to...
Insanity reform act burden of proofThe insanity defence reform Act 1984 has stated the burden of proof was shifted from the prosecution to the defence and the standard of evidence was increased from predominance of evidence to clear and convincing evidence. There is different standard of proof required for the defence of insanity, but this depends on who has raised the defence of insanity the defence or the prosecution. The difference is that the defence must prove on the balance of...
Cases of inequality due to disabilities have been reflected on quite a number of times. A similar case was filed against J.E Culp Transport First by a former employee who claimed to be discriminated against after he went searching for employment. The decision was concluded by the Canadian Rights Tribunal after deliberation based on the law. The final decision was made in favor of the company and the complainant’s accusation was dismissed (Canadian Tribunal, 2007). However, this decision...
Despite the heinous nature of the war crimes that perpetrated during conflicts, including genocide, rape and torture, it has become common practice to offer the accused an opportunity to escape by trading justice by peace thereby, regularly corroding the deterrent value of the law laid down to deal with such gross human rights violations. The debate on whether in the quest for bringing to justice perpetrators of grave international crimes hampers the prospects for peace has intensified with the...