Monthly Archives: September 2015

Hire Los Angeles Discrimination Lawyer for Proper Understanding of your Legal Rights

There is no need to feel sad or worried if you face any kind of discrimination at workplace. Take help of Los Angeles Discrimination Lawyer who will help you in case you were laid off owing to wrong reasons. When you hire services of a Los Angeles Discrimination Lawyer, the first thing he will do is to inform you of your legal rights.  Discrimination at workplace can be on account of different reasons such as age, sex or even color. It is also possible that you face problem of sexual harassment at workplace. In such a case it is recommended that you hire a proper Sexual Harassment Lawyer in Los Angeles.  Employment issues can undoubtedly wreck chaos in your work life.  Just feel free to take assistance of a reputed Wrongful Termination Lawyer firm in Los Angles.

An experienced law firm knows the best way to handle your problem and you will not want to waste your money with an incompetent lawyer. Legal services are quite expensive. If you hire a lawyer who does not know his or her job well you will just be wasting your money. There have been cases where an employee gives information regarding the illegal activities of employer and this is the prime reason his services are terminated. A competent lawyer will be able to protect rights of such an employee. A good discrimination layer puts in all effort to properly understand all your problems and then suggests a way out accordingly.  He or she will explain you in clarity what all alternatives can be resorted to by you. You will also be told about the result of choosing a particular course of action. This will keep you updated about proceedings of the case and as a result you will feel less stress and tension.

There can be so many wrongful reasons why an employee can be dismissed from workplace. Dismissal can be due to a false allegation, or you might face dismissal without receiving any type of prior notification etc. Under all such circumstances you might feel confused as to what to do. It is important that your employer gives you some concrete as well as legal grounds for dismissal. In majority of the legal cases involving wrongful termination if the employee wins the case he either gets his old job back or is awarded sufficient compensation which is fixed by the court of law.

Media and Governance: The legality of Sting Operations in India

INTRODUCTION:

The Media has been rightly referred to as the fourth estate by Edmund Burke and Thomas Carlyle. The role of the Media today, as the ‘fourth power’ which exercises a check on and counterbalances the three organs of authority cannot be undermined. In order to ensure that there are no hindrances in the path of the Mass Media, so that it may function effectively, the freedom of press has been provided as an inherent right under Article 19 (1)(a) of the Indian Constitution. This has been upheld by several judgments as well, such as in the case ofRomesh Thapar v. State of Madras (1950 AIR 124), wherein it was stated by the apex court that freedom of speech and expression includes freedom of propagation of ideas and that freedom is ensured by the freedom of circulation. Further, the freedom of press was again upheld in the landmark judgment of Bennett Coleman & Co. & Ors v. Union of India & Ors(1973 SCR (2) 757), as forming an important part of the freedom of speech and expression.

The reason as to why the Media has been granted such freedom is primarily because the citizen’s ‘right to know’ is an important element of the fundamental freedom of speech and expression. Thus, in order to ensure that there is free dissemination of information, it is necessary that we have free and fearless Mass Media in our country. In fact in the recent past, the importance of the Media has increased manifold because of which reliance is now being placed on the media to act as a watchdog in place of the opposition owing to general distrust and collapsing standards in public life.

This has increased particularly due to the emergence of audio and visual media which has a greater impact on the public than print media. The satellite revolution of the 1990s led to a significant increase in the number of television channels and other media. It may be seen that fierce competition between several media groups has in fact led to sensationalisation of information to attract public attention, for increase in TRP s. One of the many results of that is what is commonly known today as a ‘sting operation’.

What is a Sting Operation?

There is no precise definition of a sting operation. It is essentially a deceptive operation designed to catch a person in the act of committing a crime. It generally involves a law enforcement officer or any other cooperative member of the public who acts as an accomplice or victim of the suspect, so as to gather direct evidence incriminating the suspect. It is commonly found in countries like the United States and is not permitted in various other countries such as Sweden, the Netherlands, etc. In India, it is mostly seen in the form of sting operations being carried on by the Mass Media.

In order to understand the concept of sting operations better, it would now be imperative to discuss a few cases dealing with the same.

Sting Operations in the Past

(a) The Tehelka case

One of the biggest sting operations carried out in the country was that of Operation West End in 2001 which is popularly known as the Tehelka scam. This was a sting operation to expose corruption in the defense ministry, where reporters posing as arms salesmen approached the then Defence Minister, Mr. George Fernandes and Bharatiya Janata Party President, Mr. Bangaru Lakshman. The two were caught in the operation and it ultimately led to their resignation from their respective posts. Further, evidence was allegedly found against Mr. L.K. Advani as regards the Indo-Israeli deal to provide border fencing and communication systems but the same was apparently not disclosed. However, the Tehelka operation came under a lot of criticism particularly due to conflicting statements being made by the Tehelkachief and the journalist who carried out the operation, Mathew Samuel with respect to Mr. Advani’s involvement in the entire issue. Certain pertinent questions were raised such as –

  1. Why did two journalists who were part of the same investigation, report differently about the matter?
  2. The Tehelka chief reportedly stated that the two persons being taped first made disclosures before Mr. Samuel and thereafter replicated the same before him. What was the need to replicate such information? Was the former a mere camera rehearsal?
  3. What was the reason behind releasing only select portions of nearly 100 hours of tape? Was there actually some sort of hidden political agenda sought to be achieved by way of the tapes?
  4. The tapes exposed some of the top brass of the then government and the two major ‘victims’ of this operation have been speculated as having been caught as they were some of the biggest rivals of Mr. Advani at the time.

So, whether or not the operation was in fact the doing of a responsible media or a mere sham, we will never know.

(b) Cash-for-queries scam-

Another controversial issue which came up during a sting operation was the Cash-for-queries scandal in 2005. Also known as Operation Duryodhana, it came to the forefront when it was alleged that the UPA Government which was in power at the time bribed eleven Parliamentarians in return for asking questions. The operation led to the expulsion of the tainted members of the Parliament. It was also alleged that the journalists, Aniruddha Bahal and Suhasini Raj who had carried out the operation were driven by motives of profit. It was also ironical as to how the Police prosecuted the journalists despite the fact that Parliamentary committees found the members guilty of misconduct. Thereafter, the journalists appealed to the Delhi High Court which upheld the legality of the operation.

(c) MPLAD scam-

Another such scandal was the Members of Parliament Local Area Development (MPLAD) scam which was titled as Operation Chakravyuh. It occurred almost immediately after the Cash-for-queries scandal and exposed corruption in the allotment of work for the Members of Parliament Local Area Development Scheme. The scandal involved then Goa Chief Minister and Lok Sabha member, Churcil Alemao, BJP MP, Fagan Singh Kulaste and Samajwadi Party MP, Toofani Saroj, who was later proved to be honest. This scam however did not receive much media coverage owing to the Cash-for-queries scam.

Sting Operations and the Judiciary-

Certain important judicial responses in this aspect may further be studied so as to understand the concept better.

In Court On Its Own Motion v. State, (146(2008) DLT429), certain guidelines were given by the Delhi  High Court as regards sting operations after there was false reporting of a school teacher, Uma Khurana’s involvement in a prostitution racket. These include the following-

  1. The Court argued against the entrapment of a person even if it was to further the ‘public interest.’ The right to privacy of a person is to be respected unless there is a larger interest involved.
  2. A channel proposing to telecast a sting operation had to obtain a certificate from the person who recorded or produced it saying that it was genuine to the best of his or her knowledge.
  3. The channel has to obtain permission from a committee appointed by the Ministry of Information and Broadcasting to telecast the sting operation.
  4. While the transcript of the recordings could be edited, the films and tapes cannot be edited. Both edited and unedited tapes have to be produced before the Committee.
  5. The chief editor of the channel is responsible for self regulation and he has to ensure that all statutory requirements have been adhered to.
  6. Reports or current events cannot deliberately be presented as true and any unverified or inaccurate facts must be avoided, so as to prevent trial by media so that the public does not get misled.
  7. Deliberately overplaying certain parts while underplaying others is also not to be allowed.
  8. Reports should not be such as to create alarm or panic or amount to incitement to commit any crime.
  9. Media to observe general standards of decency, having regard of the sentiments of viewers, particularly that of children.

Another important issue at the Delhi High Court as regards such operation was the Cash-for-queries scam as has been seen earlier. The Delhi High Court in September 2010 upheld the legality of the sting operation conducted by journalists Aniruddha Bahal and Suhasini Raj in 2005 to expose corruption in the Union Parliament. The Delhi Police had previously charged the journalists under the Prevention of Corruption Act for seeking to bribe the MP s. The prime issue which arose in this case was whether any citizen of this country can carry out such an operation and offer bribe to a public officer to expose corrupt practices. The single Delhi High Court judge opined that such a right flowed from the fundamental duty to cherish the noble ideals which inspired the freedom struggle as under Article 51A(b), and creating a corruption-free and independent India is one such ideal. It was also stated that this fundamental duty is linked with every other duty enshrined in Article 51A and more importantly, it is necessary to protect the sovereignty, integrity and unity of the country. Thus, what needs to be seen is that the judge equated the rights of these journalists to that of ordinary citizens, thereby entitling the protection of law to every citizen in such case. As regards offering bribes by the journalists is concerned, the learned judge was of the opinion that in the instant case, the intention of the journalists must be seen, which was clearly to expose corruption amongst the top brass of the government. Further, the journalists deposed truthfully before the Parliamentary committees investigating the matter and the same must be considered.

The journalists have now filed a caveat in the Supreme Court, in case the Delhi Police decides to file an appeal.

A recent case dealing with sting operations is the judgment given by the Supreme Court inRaja Ram Pal v The Hon’ble Speaker, Lok Sabha & Others, ((2007)3SCC184) concerning the Cash-for-queries scandal and the MPLAD scandal. In this case, certain members of Parliament had challenged their expulsion by way of writ petitions before the apex court. The expelled members contended that the journalists who had carried out the ‘sting operation’ had admitted to have received monetary and other benefits from the same. It was thus argued on behalf of the tainted MPs that these journalists were driven by motives of self and profit. However, the court held that irrespective of the fact as to whether or not there was any motive to extract money from such operations, the expulsion of the members is not invalid due to the conduct which they had exhibited.

However, it is not just the executive or the legislature which has come under the Media’s eye. The Supreme Court in its judgment in Vijay Shekhar v. Union of India, ((2004) 4 SCC 666) discussed about corruption in the judiciary and upheld that warrants obtained against certain eminent persons (including former President, Dr. Abdul Kalam and former Chief Justice of India, Mr. Y.K. Sabharwal) in pursuance of a sting operation to expose corruption in the subordinate courts of Gujarat were illegal. It was argued that these warrants had been fraudulently obtained. In fact, the then Chief Justice of India, Mr. K.G. Balakrishnan asked the journalist who had conducted the operation to tender an unconditional apology. A question would thus arise herein as to whether the judiciary was in fact trying to protect its own members while delivering such a judgment. Further, taking into consideration the principle of independence of the judiciary, was the Chief Justice entitled to hear a case in which he was probably interested himself?

Another case was the Judeo case which dealt with a sting operation which showed former environment minister Dilip Singh Judeo receiving a bribe from an Australian firm for mining rights in Chhatisgarh. This case came before the Supreme Court after Justice Markenday Katju of the Delhi High Court opined that such sting operations are essential to bring issues such as corruption to light. It was argued on behalf of the journalists that the media act as ‘whistleblowers’ in public life and thus cannot be prosecuted. However, the CBI on the other hand contended that even journalists involved in such sting operations may be prosecuted where there is active inducement to commit a crime by such persons or where there are other vested interests involved and not just public interest. The premier investigating agency of the country argued that law enforcement is solely within the ambit of the powers of the government. Others can merely assist the government, but they cannot take the law into their own hands. The CBI was of the opinion that any person carrying out such operations may be prosecuted under the Prevention of Corruption Act. The journalists in the instant case, they said, should have informed law enforcement agencies either prior to or immediately after carrying out the operation. Thus, it was reiterated that though the media acts as a guardian of the fundamental rights of citizens, it must do so responsibly.

Evidentiary issues-

It may hence be seen that the Media has to surpass various hurdles while carrying out such operations and the right to privacy of persons and the extent to which the media may assume the role of the police is not the only issue involved here. One of the major issues we face today is whether or not evidence gathered by way of sting operations is admissible. Some would argue that such evidence has been acquired by way of inducement or in a sense, even by way of fraud and is hence inadmissible. While there are others who believe that when there exists compelling evidence against an accused or suspect, the same must be admissible irrespective of the method by which it was obtained. This was also upheld inPushpadevi M. Jatia v. M.L. Wadhawan, (AIR 1987 S.C. 1748.)

However, the question still remains as to whether evidence may be admitted against a person who was lured into committing an offence. In Sri. Bhardwaj Media Pvt. Ltd. v. State,(W.P. (Crl.) Nos. 1125 and 1126/2007), it was upheld that there would definitely be an increase in corruption where people who help unravel acts of corruption in an institution are prosecuted. Thus, the ‘factum of entrapment’ may be ignored keeping in mind the larger public interest.

Evidence received by way of sting operations may also be treated as being extra judicial confessions and thereby admissible in certain cases. Extra judicial confessions may sometimes even not require any corroboration. (Piara Singh v. State of Punjab, (1977) 4 S.C.C. at p. 459) However, the contrary view was held in Makhan Singh v. State of Punjab, (A.I.R. 1988 S.C. 1705), where confession to a witness for the purpose of seeking his help to save the accused was not accepted as evidence.

Law Commission Paper and Government proposals-

The Law Commission recently released a paper as regards sting operations in India and discussed the possibility of enacting a statute with respect to the same. The only statute in existence is probably the Cable Television Networks (Regulation) Act, 1995 which clearly provides that “no programme can be transmitted/re-transmitted on any cable service which contains anything obscene, defamatory, deliberate, false and suggestive innuendos and half truths.” The Commission also highlighted the views of the Committee on Petitions of the Rajya Sabha which had earlier stated that a sting operation must be aired only where there is conclusive proof as regards the guilt of the accused. However, where public interest is shown, the version of the accused or suspect must also be aired simultaneously. The Committee on Petitions had also stated that punitive action must be taken against any party who makes available any false or fabricated information by way of such operation. It was opined that public interest must be balanced with the right to privacy of the individual and the latter must not be encroached upon. The Committee on Ethics too in the case of Operation Chakravyuh stated the same.

It must be noted that a regulatory authority known as the Broadcasting Regulatory Authority of India (BRAI) has been proposed to be established by the Union Government under the Broadcasting Services Regulation Bill, 2007. A Content Code, revised in 2008 regulating content of news was however opposed by the media. Thereafter, the Information and Broadcasting Ministry has proposed setting up of a National Broadcasting Authority under statute. However, the same would not regulate content of news. The Ministry has also decided to come up with certain informal guidelines to check objectionable publications. Recently, the News Broadcasting Association and the News Broadcasting Standard Authority have been established which promote self regulation and have come up with a definite code of ethics.

Keeping in mind the fact that the judicial pronouncements so far have not explicitly dealt with the law relating to sting operations, the Law Commission has come up with a questionnaire in order to elicit public opinion as regards the issue at hand. The questionnaire puts forth important questions as regards immunity afforded to journalists who conduct such operations, the applicability of laws such as the Prevention of Corruption Act in such cases, the need of legislation, etc.

Problems faced-

However, this is not sufficient. One of the major problems that we face today is that there is no definite legislation or regulation specifically dealing with sting operations. The case law available is also very unclear on the subject. Another problem is as regards ascertaining the intention of the journalist conducting the operation, which was seen in the recent controversy surrounding the Radia tapes. There may be times when the operation is being carried out merely to advocate certain political propaganda.

Further, whether or not journalists are completely immune from prosecution under other laws is a debatable issue. It has often been asked as to whether such journalists may be held for making defamatory statements which may even ruin the reputation of an innocent person if such operations are not conducted cautiously as was seen in the case of Uma Khurana, the Delhi school teacher falsely caught on tape for trafficking of minor school girls.

Generally, only select portions which will attract more TRP s are broadcasted and the true story is not revealed.  Stiff competition in the market leading to sting operations being used as a major public attraction, causes decrease in actual news. In the entire process of tussle between rivaling media houses, public awareness on issues of greater importance gets affected. Thus there is a negative impact on the right to know of the people of the country, a freedom which must ideally be protected by the Media.

Conclusion- What is the solution to this problem?

So are there any possible solutions for these issues? Legislation would probably be the best answer to this problem. Sadly, the Pre-natal Diagnostic Techniques Act is the only legislative authority in place which discusses sting operations to a certain extent and upholds the validity of the same for the purposes of the Act. Thus, a definite statute or regulation must be enacted, setting out standards which must be followed by the media, without affecting the freedom of press to a great extent. Courts must formulate clear principles as to admissibility of evidence in such cases, keeping in mind the facts and circumstances. The Police force and other authorities must not be allowed to unnecessarily harass and prosecute media persons. A chance to be heard must be given to all and for that purpose, the version of the suspect must also be allowed to be broadcast simultaneously, so that the public gets a true picture of the entire situation. Further, care must be taken to minimise encroachment on the right to privacy of an individual even where public interest is involved. Defamatory material dealing with the private life of a person must as far as possible be regulated.

A code of conduct and self-regulation must be followed by every news agency and other media. Efforts must be made to ensure individual compliances at all levels and such a code must also be periodically reviewed. Punitive measures must be laid down in case any false or fraudulent sting operation is carried out, so that journalists may work cautiously and this would also create a sense of deterrence. The Journalist carrying out the operation must be made to sign an undertaking stating that the information being broadcast is true to the best of his knowledge. A statutory body may also be created to which the media shall give information as regards such operations either before or immediately after the completion of the operation. The concerned media house must also be required to obtain a license from the Information and Broadcasting Ministry in this regard.

However, it is not just important that such solutions be proposed. It must be ensured that these measures are in fact carried out. The right to know of the public must be protected both by the media as well as the government. It must be seen that public awareness is created as regards such issues and each person is given a fair opportunity to state his case. Ultimately what must be highlighted is not growing TRPs or illegally obtained profits. In fact, in stead of playing the blame game, the government and its organs, the Media being the fourth must be both responsive as well as responsible where such issues are involved.

Swords – Legality In The United States And Canada

Thanks to the internet, there has been an explosion in the popularity of swords and other bladed weapons. Many people, however, are still unsure about the legality of such weapons. Quite often, other people seem to claim that non-functional replicas are okay and that sharpened blades are not.

I decided to do some research, and wasn‘t exactly surprised by what I discovered. It’s important to note that I am not a lawyer, so you should take this information with a grain of salt. However, what I found is that swords and other bladed weapons are, in fact, predominantly legal.

United States

Watch: Sheriffs in the United States Are Urging People to Carry Guns
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The United States’ weapons laws, for the most part, are quite lenient. There does not appear to be a ban on swords — sharpened or not — on a federal level. For more specific information on local laws, a visit to Knife Laws Online is highly suggested.

It should be noted that Washington D.C. appears to be the lone exception to the rule, though swords are not specifically targeted; to the contrary, all weapons appear to be banned. If you live in Washington D.C. and would like to own a sword, I believe you are out of luck.

The transportation of swords may be an entirely different issue altogether, as they could be — and likely are — considered concealed weapons. You should seek the advice of a legal expert if you are looking to transport your sword(s).

Canada

Canada’s federal weapons laws are very similar to the United States’, at least as they relate to swords and other bladed weapons. There are no federal laws that specifically detail the allowed length of knives and swords, and it appears that no provinces have banned knives and swords of a certain length. You can find specific information on Canadian federal weapons laws in Section III of Bill C68, though a list of banned weapons can be found below:

* “nunchaku” and any similar instrument or device, being hard non-flexible sticks, clubs, pipes or rods linked by a length or lengths of rope, cord, wire or chain;
* “shuriken”, being a hard non-flexible plate having three or more radiating points with one or more sharp edges in the shape of a polygon, trefoil, cross, star, diamond or other geometric shape;
* “manrikigusari” or “kusari”, and any similar instrument or device, being hexagonal or other geometrically shaped hard weights or hand grips linked by a length or lengths of rope, cord, wire or chain;
* any finger ring that has one or more blades or sharp objects that are capable of being projected from the surface of the ring.
* “crossbow”, with a stock of 400 mm or less
* “Constant Companion”, being a belt containing a blade capable of being withdrawn from the belt, with the buckle of the belt forming a handle for the blade
* any knife commonly known as a “push-dagger” that is designed in such a fashion that the handle is placed perpendicular to the main cutting edge of the blade; and any other similar device but not including the aboriginal “ulu” knife.
* “Spiked Wristband”, being a wristband to which a spike or blade is affixed; and any other similar device
* “Yaqua Blowgun”, being a tube or pipe designed for the purpose of shooting arrows or darts by the breath; and any other similar device
* “Kiyoga Baton” or “Steel Cobra” and any similar device consisting of a manually-triggered telescoping spring-loaded steel whip terminated in a heavy calibre striking tip;
* “Morning Star” and any similar device consisting of a ball of metal or other heavy material, studded with spikes and connected to a handle by a length of chain, rope or other flexible material.
* “Brass Knuckles” and any similar device consisting of a band of metal with finger holes designed to fit over the root knuckles of the hand.
* Any device designed to be used for the purpose of injuring, immobilising or otherwise incapacitating any person by the discharge therefrom of
o (a) tear gas, Mace or other gas, or
o (b) any liquid, spray, powder or other substance that is capable of injuring, immobilising or otherwise incapacitating

Contract Validity and the Cisg International Treaty: Closing the Loophole

Contract Validity and the CISG: Closing the Loophole

Nir Bar, Attorney (Israel) and Mss Natanella Har-Sinay

[1] Introduction [2] Ambiguity Created by Article 4(a) [3] Different Approaches in Interpreting Article 4(a) [4] CISG Case Law on Article 4(a) [5] Israeli Law Regarding Contract Validity [6] Israeli Case Law on Contract Validity [7] Comparison to Other Legal Systems [8] Conclusion

[1] Introduction:

The United Nations Convention on Contracts for the International Sale of Goods (CISG) was created as an answer to the question of how to create uniformity in the business practices of parties in different countries. Work was begun on the CISG in 1968 by the United Nations Commission on International Trade Law (UNCITRAL). A Working Group, made up of representatives of the member countries in UNCITRAL, was commissioned to prepare a document that would “facilitate acceptance by countries of different legal, social and economic systems.” The draft was completed by 1978, and in 1980, a Diplomatic Conference representing 62 States finalized the text in Vienna. As of July 17, 2007, seventy-one states have ratified the convention.

The Preamble to the Convention expresses the drafters’ position that “the adoption of uniform rules which govern contracts for the international sale of goods and take into account the different social, economic and legal systems would contribute to the removal of legal barriers in international trade and promote the development of international trade.” It is with this hope that the drafters went on to detail the requirements to be met in forming a sales contract, as well as the rights and obligations of the seller and buyer. However, it is in spite of this stated purpose that the Convention leaves open a loophole, which is the source of conflict among signatory parties.

[2] Ambiguity Created by Article 4(a):

Part I of the CISG lays out the parameters of the Convention’s application- which issues it covers and which it does not. One such issue is validity, which is excluded from the CISG in Article 4(a):

This Convention governs only the formation of the contract of sale and the rights and obligations of the seller and the buyer arising from such a contract. In particular, except as otherwise expressly provided in this Convention, it is not concerned with:

(a) the validity of the contract or of any of its provisions or of any usage

From looking at the drafting history of Article 4(a), it is evident that the validity exception was included in order to protect the differing interests that are safeguarded by different domestic laws. The history shows that the drafters designed Article 4(a) to “serve as a loophole which could stretch to fit the needs of each domestic legal system.” However, the article which was supposed to provide flexibility to an otherwise rigid set of rules in order to allow for international differences has sprouted further complications. Because Article 4 does not define validity, the task of determining when a cause of invalidity exists and what its consequences are is left to the various domestic legal systems. Because these legal systems have no central formula to rely on, “the very reason for excluding issues of validity- the differing and strongly felt national traditions- suggests that judges and arbitrators will be tempted to enforce domestic rules of validity.” For example, on nations law may allow the use of parole evidence, while another may not. In light of the Convention’s stated goals of achieving uniform rules to promote international trade, the issue becomes “to what extent [does] applying non-uniform domestic rules of validity to contracts for the international sale of goods seriously [handicap] the CISG’s potential for achieving its goals?”

While it may be argued that performing a simple conflict of laws analysis to determine which state’s validity rules apply circumvents the ambiguity created by Article 4(a), a problem arises when the causes of invalidity proscribed by domestic law deal with circumstances that also give rise to remedies under the CISG. For example, some domestic laws state that the absence of a definite price term voids the contract “since agreement on the price is regarded as one of the “essentialia” of a contract of sale.” According to Article 55 of the CISG, however, if there is no definite price term, “the parties are considered…, to have impliedly made reference to the price generally charged at the time of the conclusion of the contract for such goods sold under comparable circumstances in the trade concerned.” While a consensus exists regarding certain validity issues, such as duress, in this instance, it is evident that an issue labeled as one of validity by domestic law may merit different consideration in the international context. This fact has been the subject of great debate over how to resolve the ambiguity created by Article 4(a).

[3] Different Approaches in Interpreting Article 4(a):

In beginning one’s analysis of the ambiguity, a good first step is to look at the drafting history of the article in order to gain some insight as to why the article was drafted the way it was. The history of Article 4(a) suggests that the drafters purposely worded the clause ambiguously. The Working Group did consider several proposals for validity provisions to be included in the Convention, but ultimately decided against incorporating them. The drafting history indicates that fear of an inability to reach agreement or substantial delays resulting from debate led the drafters to postpone discussing validity; their vehicle for the postponement was the ambiguous wording of Article 4(a). The drafters did not dismiss the validity issue completely; they simply “deferred it to those who would later interpret the Convention.” However, the history also reveals that the CISG drafters did not intend for the validity exception to provide carte blanche for applying domestic public policy laws to international transactions. It is for this reason that it is important to create uniform guidelines regarding the interpretation of Article 4(a).

The first of these guidelines has already been created by the drafters of the CISG themselves. Article 7(1) of the Convention states: “In the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade.” This article suggests that, even in situations where domestic law is to be applied, it should be applied narrowly in order to “allow the Convention to have the widest possible application consistent with its aim as a unifier of legal rules governing the relationship between parties to an international sale.” In other words, the term “validity” must be defined in light of the CISG as a whole.

Keeping in mind the nature of the Convention, commentators have proposed an analysis process to aid in the interpretation of Article 4(a) that is based on the language of the article itself. The “crucial question,” according to these commentators, is whether the circumstances invoke both a domestic rule as well as a rule of the Convention. If they do, the “except as otherwise expressly provided” clause in Article 4(a) comes into play; since the Convention expressly provides a rule to apply under the circumstances, domestic law is inapplicable. One example is the CISG rule on form. Article 11 states that “a contract of sale need not be concluded in or evidenced by writing and is not subject to any other requirement as to form.” Because the form requirement is expressly excluded from the Convention, tribunals are prohibited from applying domestic writing requirements. Conversely, for issues which are not addressed by any provisions of the Convention, reference must be made to domestic law. Issues falling under this category include illegality, capacity, fraud, mistake, duress, and unconscionability. It is these issues that are held by a consensus of the various domestic legal systems to be issues of validity. One explanation for this fact is that the Convention only covers rights and obligations arising from a contract, and issues such as fraud arise from the process of concluding the contract and not the contract itself.

This analysis referring to the negative rule excluding validity issues in Article 4(a) and the positive rule of “except as otherwise expressly provided” is just one of several theories as to how the validity exception should be interpreted. Another suggested approach is to view all applicable domestic laws that are considered “mandatory” by the State to be issues of validity. Such an approach may be advocated by critics of the “critical question” method, who feel that “if all issues addressed by the Convention were classified as non-validity issues, the question of validity would never arise”, and the “expressly provided” provision would be redundant. The method would also ignore the fact that several provisions of the CISG address issues that are considered validity issues by some domestic legal systems. Furthermore, imposing domestic restrictions on international sales transactions would impose an “unfortunate, if inevitable, conflict between the philosophy of freedom of contract generally enshrined in the Convention and a restriction on that freedom, governed by national law.”

[4] CISG Case Law on Article 4(a):

Although there is no uniform rule on contract validity, past court decisions ruling on the issue may serve as a looking glass through which the perspectives of the various legal systems may be observed. One such court decision comes from an Austrian case that dealt with the validity of a specific contractual clause. In this case, the German seller (plaintiff) delivered gravestones to the Austrian buyer (defendant), who later discovered a defect in the product. Upon discovering the defect, the buyer retained his payment and sent one of the stones back for examination. Although he eventually used some of the other stones, the seller filed suit, claiming that the conditions agreed to by the buyer included a clause excluding the buyer’s right of retention, even in the case of non-conforming goods. The Austrian Supreme Court ruled on the validity of the non-retention clause, holding that clause validity is an issue of domestic law. While the Court went on to apply German law as per a conflict of rules analysis, it also held that any domestic provisions which contravened the principles upon which the CISG was based would be disregarded. Also, although the Court considered invalidating the German law that excluded a party’s right to avoid a contract, it ultimately held that the law granting a party the right to compensatory damages was sufficient. Consequently, the contract clause excluding the right of retention was held to be valid.

Another issue dealt with by courts is consideration, which was the subject of a 2002 United States case. In this case, the New Jersey buyer brought suit against the Canadian seller, alleging breach of contract. Among other things, the defendant argued lack of consideration. In addressing this claim, the Court first stated: “By validity, the CISG refers to any issue by which the domestic law would render the contract void, voidable, or unenforceable.” The Court classified the subject of consideration as such an issue. To determine which domestic law would apply, the Court applied a conflict of law analysis, and subsequently determined that there was sufficient consideration under New Jersey law.

[5] Israeli Law Regarding Contract Validity:

As the stated purpose of the CISG is to remove legal barriers in international trade, it would be a logical step to look not only at international court cases, but also at the laws of the various legal systems themselves, as the foundation on which to build uniform law; one such system is that of the State of Israel. While the nation incorporated the CISG into its laws in 1999, it retained its own regulations for contract formation, which are expressed in Contracts Law (General Part), 1973. Subjects that are covered by the Convention, such as offer and acceptance, are discussed, as well as subjects that are not- the most significant being invalidity.

Article thirty of the Contracts Law states that if the content or object of a contract is “illegal, immoral, or contrary to public policy”, it is void. Furthermore, articles fourteen through eighteen list factors that, if present, allow a contracting party to rescind the contract: mistake, deceit, duress, extortion. Mistake is defined as a mistake of fact or law which does not include a mistake about the “worthwhileness” of the deal. The article further states that mistake is ground for rescission only if the contract cannot be preserved by rectifying the mistake. Deceit is defined as “the nondisclosure of facts which the other party, according to law, custom or circumstances, should have disclosed,” and is grounds for rescission when it has resulted in a mistake by the victim party who entered into the contract only in consequence of that mistake. Duress is grounds for rescission if a person has entered into a contract due to force or threats applied by the other party, subject to the limitation that “a bona fide warning that a right may be exercised does not constitute a threat.” Finally, rescission by reason of extortion is allowed if a party or his agent takes advantage of the distress, inexperience, or mental or physical weakness of the other party, and the terms of the contract are unreasonably less favorable than is customary.

[6] Israeli Case Law on Contract Validity:

In order to use Israeli law as a model for creating a uniform law on contract validity, one cannot only look at the law, but must also observe how it has been applied by the Israeli courts. In Ben Lulu v. Atrash Elias , the plaintiff and defendant had come to a settlement agreement regarding an accident in which the plaintiff was injured; the agreement barred all future claims. Upon discovering new injuries, the plaintiff again brought suit against the defendant, who claimed that this suit was prohibited by the original agreement. The Supreme Court ruled that a contract is a device for allocating risk and that a court must not interfere with an otherwise valid contract just because the parties included a known certainty when drafting their agreement .

While uncertainty is not grounds for invalidation, contracts based on deception have been held by the Israeli Supreme Court to be void. In Meir Vofna v. Ogash, a couple was looking to buy a home in a quiet neighborhood; the seller of a home insisted on showing the buyers the house only on a Saturday, the Jewish day of rest. After signing the agreement, the buyers learned that the house is near a noisy construction zone, and that the seller intentionally deceived them by showing the house on the day that no construction is done. The court annulled the agreement .

Duress has also been found to be grounds for contract annulment. In Rahamim v. Expomedia Ltd , a joint venture in a fair sought to annul his joint venture agreement on the grounds that the defendant forced him to invest more money by threatening to end the project before it began. The Israeli Supreme Court ruled that economic pressure is sufficient grounds to annul an agreement. In Diyur Laole Ltd. V. Keren , the court held that duress can be found at any point before the agreement is signed, up until the actual signing, but not at any time after that .

Finally, in a case where a woman was seeking to annul her marriage contract, the Israeli court referencing Article 30 of Israel’s Contract Law in stating that a court can annul a contract which goes against the values, interests, and major vital principles that the legal system was seeking to preserve and develop.

[7] Comparison to Other Legal Systems:

In formulating a uniform law regarding contract validity, it is also important to look at how the laws of specific signatory countries relate to each other. For example, the aforementioned Israeli validity rules are similar to those of China. According to the Contract Law of the Peoples Republic of China, a contract is void if it is created through the use of fraud or coercion, has an illegitimate purpose, is damaging to the public interest, or violates compulsory laws and regulations. Further, a party has the right to request a court to modify or revoke a contract which is the result of a significant misconception, was obviously unfair at the time of its conclusion, or was concluded by exploiting a party’s unfavorable position.

Also similar to Israeli law is European contract law, codified in The Principles of European Contract Law 1998, Parts I and II. According to these principles, a contract may be avoided if it was concluded as a result of fraudulent misrepresentation, fraudulent non-disclosure, an imminent of serious threat, or the other party had excessive benefit or unfair advantage. Specific contract clauses may be avoided if they have not been individually negotiated and cause a significant imbalance in the rights and obligations of the parties.

These three law systems are just a small portion of the seventy-one nations whose interests must be addressed. Comparing the laws of the various signatory countries is key in ensuring that the uniform law on validity, once formulated, will not stray too far from the interests of each nation, and will strike a balance that will suit the stated goals of the CISG.

[8] Conclusion:

When the drafters of the CISG set out to create a uniform law, their stated purpose was to promote the development of international trade while keeping in mind the varying world legal, social, and economic systems. While many issues were addressed and resolved in creating the CISG, the issue of validity has remained a heavily-debated and enigmatic one. Supporters may claim that deferring contract validity to the several domestic systems allows flexibility, but the fact remains that as long as there is no uniform law regarding the subject, different court systems will apply different law, and parties will have no continuity in their expectations. In order to create such a uniform law, one must look to the laws of the various states, such as Israel, and find a consensus among the laws on issues such as mistake, duress, and illegality.

Until this difficult process can be completed however, practicing lawyers are left with the dilemma of how to protect their clients and the contracts to which they are parties; the answer is twofold. First, a prudent attorney drawing up an international contract should consult an attorney from the other party’s country, in order to ensure that the agreement’s validity will hold up in both forums. Second, since a contract drawn up according to the CISG is subject only to the laws of the CISG, it is crucial to expressly designate the choice of law to be referred to in case an issue arises for which the CISG has no resolution (i.e. contract validity). If these two steps are taken, the potential for conflict between two parties regarding contract validity will be decreased. Until a uniform law or treaty is created, it falls on attorneys to “promote the development of international trade.”

————

Attorney Nir Bar specializes in corporate & Business law and is a head partner at “Nir Bar Law Firm” in Israel; http://www.barlawyers.com Attorney Bar authored further articles and published the Israeli book: “The complete guide to mortgages in Israel”. The aforesaid does not constitute legal advice nor replaces it. Attorney Nir Bar may be reached at www.barlawyers.com

The author wishes to express his deepest regards to Mss Natanella Har-Sinay, for her excellence research and assistance.

Patrick C. Leyens, CISG and Mistake: Uniform Law vs. Domestic Law [The Interpretive Challenge of Mistake and the Validity Loophole (2003), available at http://cisgw3.law.pace.edu/cisg/biblio/leyens.html#con.

Id.

Helen Elizabeth Hartnell, Rousing the Sleeping Dog: The Validity Exception to the Convention on Contracts for the International Sale of Goods, 18 Yale. J. Int. Law 1-93 (1993), available at http://cisgw3.law.pace.edu/cisg/biblio/hartnell.html

Id.

Ulrich Drobnig, Substantive Validity, 40 Am. J. Comp. L. 635-644 (1992), available at http://cisgw3.law.pace.edu/cisg/biblio/drobnig2.html.

John A. Spanogle & Peter Winship, International Sales Law: A Problem-Oriented Coursebook, 131-132 (2000).

Hartnell, supra.

Drobnig, supra.

Id.

Hartnell, supra.

Christoph R. Heiz, Validity of Contracts Under the Untied Nations Convention on Contracts for the International Sale of Goods, 20 Vand. J. Transnat’l L. 639-663 (1987), available at: http://cisgw3.law.pace.edu/cisg/biblio/heiz.html.

Hartnell, supra.

Id.

Id.

Id.

Heiz, supra.

Id.

Spanogle, supra.

Dr. Peter Schlechtriem, Uniform Sales Law – The UN-Convention on Contracts for the International Sale of Goods (1986), available at http://cisgw3.law.pace.edu/cisg/biblio/schlechtriem-04.html.

Heiz, supra.

Hartnell, supra.

Leyens, supra.

Hartnell, supra.

Oberster Gerichtshof, 8 Ob 22/00v, 7 September 2000.

Id.

Id.

Pharmaceuticals Tech. Corp. v. Barr Labs. Inc. 201 F.Supp.2d 236 (2002).

Id.

Id.

Article 30 of the Israeli Contract (General Part) Law, 1973.

Id at Article 14(d).

Id at Article 15.

Id at Article 17.

Id at Article 18.

Civil appeal 2495/95 Hadas Ben Lulu v. Atrash Elias, Supreme Court Verdicts vol. 51(1), page 583 (1997).

For further verdicts regarding Mistake in Contract see also: Civil appeal 406/82 Nahmani V. Galor, Supreme Court Verdicts vol. 41(1), page 494; Civil appeal 2444/90 Aroesti v. Kashi, Supreme Court Verdicts vol. 48(2), page 513; Civil appeal 8972/00 Shlezinger v. Hafenix Hevra Lebituah, Supreme Court Verdicts vol. 47(4), page 814.

Civil appeal 373/80 Meir Vofna v. Dan Ogash, Supreme Court Verdicts vol. 31(2), page 215 (1981).

For further verdicts regarding Deception in Contract see also: Civil appeal 494/74 Hevrat Beit Hashmonaim v. Aharoni, Supreme Court Verdicts vol. 30(2), page 141; Civil appeal 838/75 Spector v. Tzarfati, Supreme Court Verdicts vol. 32(1), page 231; Civil appeal 488/83 Tzan’ani v. Agmon, Supreme Court Verdicts vol. 38(4), page 141; Civil appeal 373/80 Meir Vofna v. Dan Ogash, Supreme Court Verdicts vol. 31(2), page 215 (1981).

Civil appeal 8/88 Shaul Rahamim v. Expomedia Ltd., Supreme Court Verdicts vol. 43(4), page 95 (1989).

Id.

Civil appeal 5493/95 Diyur Laole Ltd. V. Shoshana Keren, Supreme Court Verdicts vol. 50(4), page 509 (1996). This case involved an agreement by two neighbors to move out of their building. One year after the agreement, they claimed they were forced to sign by their other neighbors.

For further verdicts regarding Duress in Contract see also: Civil appeal 403/80 Sassi v. Kikaon, Supreme Court Verdicts vol. 31(1), page 762; Civil appeal 784/81 Shaffir v. MArtin, Supreme Court Verdicts vol. 39(4), page 149; Civil appeal 4839/02 Ganz v. Katz, Supreme Court Verdicts vol. 48(4), page 749; Civil appeal 1569/93 Maya v. Penford, Supreme Court Verdicts vol. 48(5), page 705; Civil appeal 6234/00 SH.A.P Ltd v. Bank Leumi, Supreme Court Verdicts vol. 37(6), page 769.

Civil appeal 8256/99 Jane Doe v. John Doe, Supreme Court Verdicts vol. 58(2), page 213 (2003). See also Civil appeal 148/77 Rot v. Yeshoofe, Supreme Court Verdicts vol. 33(1), page 617; Civil appeal 661/88 Haymov v. Hamid, Supreme Court Verdicts vol. 44(1), page 75; Civil appeal 139/87 Soolimani v. Katz, Supreme Court Verdicts vol. 43(4), page 705; Supreme Court of Justice case 6051/95 Rekent v. Beit Hadin Haartzi, Supreme Court Verdicts vol. 51(3), page 289; Civil appeal 695/89 Shilo v. Be’eri, Supreme Court Verdicts vol. 47(4), page 796.

The Need for Intention to Create Legal Relations in Contract Law

Under UK law, an agreement supported by consideration is not enough to create a legally binding contract, the parties must also have an intention to create legal relations. Often, the intention to create legal relations is expressly stated by the contracting parties. In other situations, the law will readily imply the intention, because of the nature of the commercial dealings between the parties.

The presence of consideration is often indicative of the intention to create legal relations, though there are situations where the presumption of the intention can be rebutted, thus determining that there is no contract and no legal liability.

In many domestic agreements, for example those made between husbands and wives and parents and children, there is no intention to create legal relations and no intention that the agreement should be subject to litigation. Familial relationships do not preclude the formation of a binding contract, though to create contractual relations, there must be a clear intention on either party to be bound.

While there are conflicting legal authorities on whether specific facts involving familial relations result in binding and enforceable agreements, it seems settled that in domestic agreements there is a rebuttable presumption that the parties do not have intention to create legal relations.

In commercial agreements, there is a rebuttable presumption that parties intend to create legal relations and conclude a contract. In determining whether parties have created legal relations, courts will look at the intentions of the parties. If in the course of business transactions, the parties clearly and expressly make an agreement stating that it ought not be binding in law, then a court will uphold those wishes. However, if a court is of the view that there is any ambiguity of intention, or that such intention is unilateral, such contract will be voided. The burden of rebutting the presumption of legal relations in commercial agreements lies on the party seeking to deny the contract. In terms of commercial contracts involving large sums of money, case law has determined that it is a heavy burden.
It has been decided in the UK, that so called “Letters of Comfort”, which express a parties intention on business dealings can amount to an intention to create legal relations and so bind a party in contract, but that it will depend on the nature of the specific wording used.

Agreements between companies and trade unions have also raised the question of the intention to create legal relations. Collective agreements are generally not intended to be legally binding. It has been held that specific provisions of collective agreements can be incorporated into individual contracts of employment and thus legally binding.

The intention to create legal relations is an essential feature of contract law in the UK, and the existence of the intention will depend on the nature and form of the contract and the contracting parties.

International law questions and answers

According to international law, does Israel have a right to build a wall around an occupied people?
No, it is completely illegal. International Court of Justice ruled that the wall was illegal and ordered Israel to tear it down. The Tel Aviv newspaper Haaretz, quoting court documents, reported that by a 14-1 vote the judges found the barrier,.

According to international law, soldiers who are sent in war in other countries, they’re staying legal ?
There is a large body of international law and customary practices that govern armed conflict between nations. Under these laws, soldiers usually meet the legal requirements to be considered as ‘combatants’ and as such their actions and their actions are considered.

What type of career options are available for lawyers specializing in international law?
Also, what is the average salary. Is it an in demand field? Please include any other information you can give me about this type of law. I am about to attend law school next year. I am thinking about specializing in corporate law or international law..

Which human rights can never be derogated according to the international law?
I know the right to life is one of them, and then the right not to be tortured and held in slavery. Which are the others?.. ‘Right to life, Right to liberty, right to fair trial, freedom of speech. – I’m not familiar with the term ‘derogated’.

Would George Bush be executed if tried by The International Court?
Illegal invasion, deaths of 100,000s of thousands of innocent people, torture, etc.: all illegal under international law. Or does our power and wealth give us the right to ignore the law and the feelings of the rest of the world. No. The International Court doesn’t give the death.

Does Israeli destruction of Palestinian homes ‘violates international law??
By Donald Macintyre in Jerusalem 19 October 2004 http://news.independent.co.uk/world/midd.international law Israel has systematically violated international law by destroying the homes of 16,000 people in Gaza’s southernmost town regardless of military necessity, a leading New York-based human rights agency said yesterday. Human Rights Watch suggested Israel has used weapons-smuggling.

how can international law be used as a tool for conflict resolution?
The same way that Federal law is used as a tool for interstate conflict resolution. Remember that the original 13 colonies were 13 nations at first, and they agreed to give the federal government the authority to handle international disputes. Same with the EU. The member.

‘for the police in washington dc to search the embassy of foreign country would be considered’?
a legal only if the police had a warrant b.acceptable under international law c. a violation of diplomatic immunity I’ll guess C. – C and grounds for a declaration of war against the United States of America. What are you waiting for? -.

Has anyone caught onto anything suspicious lately?
Think about your rights. Think about the constitution. Think about dumb people. We have lost our 1st, 4th, 5th, and 6th amendment rights. The constitution has been replaced by the Civil Rights Act and international law. I don’t know what to think about dumb people. But 2 out 3’s not bad. -.

What is the cisg?
Contracts for the International Sales of Goods. – CISG stands for the United Nations Convention on the International Sale of Goods. It codifies private international law with respect to the international sale of goods. The United States and most of its important trading partners have ratified the Convention. It is a binding treaty in.

How has Bush violated international law? What laws did he violate?
Numerous UN Treaties (accepted and ratified by the US) which set forth standards for treatment of prisoners (see Abu Gharib) including the Geneva Convention (which the US has said we are no longer following in the ‘war on terror’). Also, civil rights violations — numerous treaties forbid.

I am an American but I want to move to the UK and pursue law. Do you think this is a bad idea?
It’s a good idea if you intend to practice international law or stay to practice in the UK. The legal system in the UK is very different from the one in the US. Do your.

Since Mexico abandoned all their oil rigs, if I can find someone crazy enough to go there, will I be able to?
claim them as abandoned property under international law. Was just thinking if that would work. Dean is 6mph short of being a cat 5. Not many will take you up on that suicide mission. – If the.

if a nation declared war, what’s the status of a captured foreign saboteur, in international law .?
Asking NOT because of Guantanamo, but for a case coming to my attention happening in WW2. along with that.. Geneva convention. since when is it valid and did we signed it ? The Geneva convention only protects soldiers in uniform and properly.

Is a blockade considered to be an act of war under international law? I.E. Cuban Missile Crisis.?
This is a good question. Generally, I would consider a blockade to be an act of war, but I think that what is considered an act of war can be different for different countries. For example, if the UN agreed to.

is a criminal justice a lawyer that goes to court and defends people?
is like what is the diference between pre law studies, criminal justice, law, advanced legal reaserch,coparative law and international law. Haha, no – criminal justice refers to the field of study that examines crime as a social phenomenon, and traditional focuses on the agents, procedures, and.

Is it true that the United Nations must sanction a war for it to be legal? Is Bush a war criminal then?
Bush going to war violates international law but it does not constutute war crimes such as genocide. According to the Un resolution 1441: ‘The Security Council may decide what measures not involving the use of armed.

Is it true that to become a citizen of Israel one has to be Jewish? Is that legal under international law?
It is obviously discriminatory. I don’t think the U.S. should support any country that requires the citizens to be a specific religion. This concept is so un-American that it would make the writers of the Bill of.

is there an international law stating that a child or teenager must be home by 5 o’clock?
me and my mom are argueing over this she says there is but i dont think so Not international, but if that’s what your mother says, then it is her law and you still have to follow it. That doesn’t make any.

Please tell me where I am wrong with this seemingly inescapable logic on the Iraq situation?

Watch: Bruce Jenner Answers Questions About Surgery and When He Plans to Live Entirely as a Woman

1. If there was no WMDs then there was no immediate threat to the US 2. If there was no immediate threat to the US, then there was no justification under both international law and our own president?? statements * 3. If there.

send all illegals home!agree or disagree??
Subject: TRY THIS CRAP IN MEXICO If you are ready for the adventure of a lifetime, TRY THIS:Enter Mexico illegally. Never mind immigration quotas, visas,international law, or any of that nonsense. Once there, demand that the local government provide free medical care for you and your entire family.Demand bilingual nurses and doctors.Demand free.

Should there be some sort of international law agianst world prostitution?
I’m so so sick of how drugs get taken care of but the one very immoral subject is left untaken care of- prostitution. In Asia alone, prostituition is everywhere from Taiwan, Japan to Thailand. It’s illegal in these countries, but heck who’s going to enforce the law? The.

Should Tony Blair be prosecuted for crimes against humanity?
What ‘crime against humanity’ has he committed? I’m not a big fan of Blair, but I adhere to the use of facts, evidence, proof, logic and reason in arguments. First, what actions has he done that can be construed as violations of international law? The charges need to be.

War crimes and international law – please do survey?
1.Age? 2.Male / Female 3.Where were you born? 4.Are you or your parents immigrants to Australia? From what country? 5.What is a war crime? 6.Who do you believe was responsible for the outbreak of World War Two? 7.The Axis nations were more heavily tried and convicted of war crimes at.

Was the intervention by the int community in the first gulf war legal?
Cos based on international law i was just wondering. I mean forgetting all the political issues associated with the war it is a bit confusing. I think that the Republicans would say that it was legal, because the United Nations’ Just War Theory requires that intervention.

Was the U.S. invasion of Iraq a violation of international law?
No, and for those who think it did, please cite which ‘International Laws’ were broken. Clearly there were numerous UN resolutions that authorized the use of force against Iraq for their violations of the resolutions. – As far as I can tell, no. – don’t think so.

can countries enforce laws from other countries?
i’m doing international law andd need to know whether a piece of valid prescriptive jurisdiction say prohibiting the causing of harm to a state’s nationals anywhere in the world could be enforced by a state which didn’t actually pass the legislation. so for instance if the United Kingdom made a law making.

what is the different between aggression and self defence in the international law?
are there similarities or differences between them? what role does security council play before taking actions against countries? aggression is when you provoke a fight, a verbal assault, a battery, etc self defence is when you try to protect yourself from such aggressions. self defence has.

what is the legal status of voluntary human shields under international law?the consequences of an attack on 1
in terms of the geneva conventions and other treaties. what are the consequences of an attack on such target? In practical terms, the legal status is nothing since, for the most part, international law is more concept than practice. Sovereign law.

what should be the role of foreign and international law in the U.S. Supreme Court decisions?
Particularly those that expand civil liberties? US Supreme court decisions should be based on interpretaion of US law and foreign and international law have no place. Decisions should be based on precedence and current law. By going outside of our laws, they are.

why America pressurized the world for international laws and violate himself ?
I’ll have to assume that you are asking why the United States is pushing Iran to give up its nuclear program while we maintain one ourselves. First, the nuclear program of the United States does not violate international law. Our program follows conventions agreed to by.

why do new nation accept international law?
Not necessarily so. From my perspective international law is often a framework created to endorse political power and control. To justify otherwise unjustifiable means. Where international conventions genuinely attempt to redress social ills their transposition into a new nation relies on the legitimacy of those laws to that nations people. This.

Why not just shoot them??
If, according to international law, mercenaries are not protected by the laws of war, and could be treated as criminals, whats all the fuss with the prisoners at Abu Grab? According to international law they have no rights. Would they not be considered mercenaries? http://www.ohchr.org/english/law/mercenaries.htm i agree kill em all. – ARE THEY NOT.

Can the states withdraw from de union according to international law?
States can theoretically vote to secede from the union, but in practice that would be very difficult to do, because few states have a viable economy on their own. They are too inter-dependent on federal programs and money. The US Supreme Court ruled that states do not.

Do citizens of an occupied nation have the right to attack the foreign invaders under international law ?
I think that if your country is attacked you do have the right to defend your homeland against foreign invaders. And once occupied you still have the right to fight for your country and try to restore it to its.

Does a surgeon diseased with hepatitis c have the right to practice operations?
i am a surgeon diseased with hepatitis c , according international law of surgeons , i have the right to practice operations or not ? No you’re not; you’re some kid trying to get us to do your homework. – This is the appropriate place for.

In international law, what status does a signed but unratified treaty have? Does it have any force in law?
What is the difference between an international treaty that has been signed and ratified (by a country’s national legislature)and one that has been merely signed but not ratified between two or more countries? If one country signs and ratifies but.

Top 4 Broken Engagement Law Questions

It may not be against the law to break off an engagement. But the question that may arise is who would get the ring after the engagement is broken off. There would be many such questions in a broken engagement that may require the opinion of a legal expert. Given below are the common questions about broken engagements.

Q. If the engagement ring was given as a birthday present or Christmas gift, can one get it back after the engagement is broken off?
In most situations, if the ring was given as a gift before marriage, it may have to be given back to the person who gave the ring. But if the ring was not considered a pre-marital gift and was given on a different occasion like a holiday, then the individual may not have to return it.

Q. Can an individual be sued for a broken engagement ring in a small claims court in the state of Illinois?
The state of Illinois does not have any specific laws regarding broken engagements. In most states, the engagement ring is considered as a conditional gift and may have to be returned to the person who gave it if the engagement is broken off. In some states, if the engagement is broken off by the person who gave the ring, then the court may treat the ring as a gift and may not have to be returned. However, the receiver may have to return it, if they were the one to break off the engagement.
An engagement ring may be considered as a legal gift if person who gives the ring has had the intention to gift the ring, the delivery of the ring is done to the receiver of the ring and the ring is accepted by the receiver. If the receiver of the ring can prove these 3 points, the court may consider it as a gift and it may not have to be returned.
Q. Can one get the ring back after the break up, if the other party has the receipt of the ring?
An engagement ring is considered as a conditional gift and in most cases one may be forced to give it back after the break up. If the case is taken to court, one may have to prove that it was a conditional gift.

Q. What legal actions can be taken, if the receiver does not give back the ring after the engagement is broken off in California?
In most situations, an individual may be able to get back the engagement ring if the engagement is broken off. One may take the case to small claims court if the receiver of the ring refuses to return the ring in a broken engagement in the state of California.

Many times it may be difficult to cope with a broken engagement and people may take time to get over it. Most of the times the engagement ring becomes the reminder of the broken engagement and it can be difficult to decide who gets the ring. You can ask family lawyers on JustAnswer to get more information about broken engagement laws.

The Legal Issues of Customs and Importing Goods

When it comes to importation, you always have to look into the legal aspects of importing your goods and if your moves comply with the country’s rules and regulations. But the good news is there are only a few numbers of customs and importing regulations. But if you’re importing for the first time ever, the best recommendation is to use a broker. By doing so, things will easier for you in the long run, especially when you already know the necessary steps to product importation.
There may be times when you are purchasing from or the shipping companies themselves will be dealing with the importation forms on your behalf. If your imports are lighter than 150 lbs or 68 kg (this is the maximum weight that the shipping companies can handle), you can just pick these up at the post office. Have those customs duty paid. There may be times when you will be receiving a notification informing you that your goods are held up at a certain location and will only be released once the import duties are paid up. You will also be informed where and when the items can be picked up.
But, for sure, you will be importing heavier and larger goods than this. They will more likely be in container loads of half containers.
Limitations Set by Customs
Before ordering your products, you need to look into the restrictions and the necessary special licenses. Countries differ in their regulations towards restricted goods.
There may be countries that ban goods that you have already expected, such as drugs and chemicals. On the other hand, there are countries whose restrictions can leave you shocked. Just like in Italy, importation of shoes is disallowed. In Australia, you can’t also import cultural and heritage goods.

Here’s an important thing to consider. If you are thinking of selling your goods to International buyers, you must look into the Customs regulations of other countries.
Just visit the Customs’ websites for your country and the countries where you are planning to sell your items. If the information you’re looking for isn’t there or if it’s lacking, you can opt to contact Customs directly by phone or email.
•    USA http://www.customs.gov
•    Australia http://www.customs.gov.au
•    New Zealand http://www.customs.govt.nz/default.htm

Negotiating for a Contract

After finding a supplier for your product, you have to discuss a contract. The contract must tackle matters like the price per unit, packaging, how many items are to be loaded into each case, shipping terms and others. There is a lot of shipping terms which you confer with. But you must keep in mind that your contract will make the supplier take the greater risk on board more than you do.

Here are some of the most important shipping terms:
•    Ex-Works – Once the goods are no longer at the supplier’s doorstep, you will already be responsible for all the costs.
•    FOB – This means that at the supplier will shell out all expenses from the very beginning up to the Port of departure and the export fees as well.
•    CIF (Cost, Insurance & Freight) – Supplier pays the costs, insurance and freight charges for sending the goods up to the port of destination.
•    DDU (Delivered Duty Unpaid) – Supplier disburses an amount for all the costs incurred in delivering goods to the buyer’s door. This excludes the duties, of course.
•    DDP/CARRIAGE PAID (Delivered Duty Paid) – From the term itself, the supplier pays all the expenses including the duties as the goods are delivered on the buyer’s doorstep.
•    FOB (Freight on Board) – This is most common shipping term which pertains to the freight expenses to the point of loading.
Caution
There are few things you need to take into consideration because there are some terms which might get you confused, such as the following:
•    FOB factory (Freight on Board Factory) – This pertains to the payment of onward costs to the local port or airport which likely results to price increases. This usually happens if the company is located inland.
•    ‘CI&F’ or Cost, Insurance and Freight – Other than the FOB price, you are also given the insurance and freight costs. This way, you can come up with a good budget. Or if you’re fortunate, you can have the price paid up once it’s delivered to your door.
To gain more information on importing and exporting (especially when you’re a newbie), visit the Export 911 site at http://www.export911.com/e911/gateway/gateway.htm. This site offers you valuable information on the stages of the import/export process as well as the importing terms and requirements. From the domain name itself, this site is dedicated to exporters instead of importers. However, most of the terms and processes are the same. This site is aimed to make you use their services and so the processes involved are pertained in those terms.

Magnitude of Shipment

The cost of shipment relies on the volume you want to ship. It could come in a Full Container Load or a Lesser Container Load.
The standardized container sizes of full container loads come in 20 foot and 40 foot lengths and can hold whatever products you desire to load. The shipping costs already include the usage of the container. But if you are planning on making regular purchases, you may buy a container if you like. If the products are purchased from one supplier only, the container will be brought to the supplier’s location, filled up on site, conserved and gathered to be shipped to your country. If you’re purchasing from various suppliers, you can have all the goods delivered to your chosen freight agent who will be loading the products at their own location. To save more on money and labor, full container loads are great for shipping your goods. Aside from this, Export/Import processing and Handling & Haulage costs are easier on your budget since full container loads are considered as a single transaction.
On the other hand, if you are not importing products on a full container load, your shipment will be combined with the shipment of other companies that are going to be delivered on the same destination. The charges of a Lesser Container Load are computed by the volume your goods take up in cubic meters. In contrast to full container loads, Lesser Container Loads are impractical. Packaging, loading and unloading the products are can be very exhausting.
Proof of purchase and Documents
Once you have already negotiated with a seller (which already includes the shipping terms, price of goods and the type of packaging), the seller sends you a pro forma invoice. You will be paying these based on what has been agreed during the negotiations.
Generally, pro forma invoices are advance copies of the final invoice. These are necessary in applying for a letter of credit (L/C) and/or foreign exchange (import) allocation.
Once the items arrive, they are coupled with the commercial invoice. Similar to a sales invoice, the Commercial invoice clears the goods throughout the customs. The only difference is the Commercial invoice consists of particular details needed for export-import purposes. To see what a commercial invoice looks like, check http://www.export911.com/e911/export/docCI.htm#docCI.
Keep in mind that the invoice contains the things you wanted and have agreed upon. What the supplier wants is also on this invoice. Thus, you have to double check everything to minimize miscommunication.
Arrange your own shipping
If you prefer to have your own shipper, you can look for shipping companies in Google. When you do, obtain quotations from these shipping companies, so you’ll know what company to choose from. The best part is, you can definitely save around $100 and $500!

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Legal Issues Related to a Deathbed Will

A deathbed Will is a Will Last Will & Testament that is created and executed when the testator (the person distributing his/her property) is facing imminent death. There are several legal issues relating to a deathbed Will which can undermine the purpose of the Will. As a result, it makes sense not to wait until the last moments to declare your final wishes.

Basic Considerations

Circumstances may not allow the testator to use a printer for declaring his or her Will. Therefore, a handwrittenWill, also known as a holographic Will, is acceptable in some jurisdictions, including New York. However, to make a holographic Will legal, certain evidence has to be produced before the court. A report from a handwriting expert or signature match analysis can serve the purpose. Also, the Will should reflect that the testator was intending to declare the Will to be his or her Last Will and Testament. This is made possible by including statements such as, “I make this as my last Will and Testament” or “This is my last will.” Also, the Will should specifically contain information about property distribution among intended beneficiaries.

Legal Challenges to Deathbed Will

Since a deathbed Will is not always accepted as a valid legal instrument, beneficiaries can challenge the terms of the Will. Most often these Wills are challenged on the basis that the testator lacked mental capacity (due to illness or other issue) to make sound judgments. Such challenges usually lead to complicated legal cases which can continue for several months or even years.

A deathbed Will typically creates a catch-22 situation. Consult an expert estate planning lawyer to make sure that the Last Will & Testament follows laws applicable to the jurisdiction. This will also help to avoid any potential will contest or litigation after the death of the testator.

If you have any questions, please contact our office today.