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Essay Sample: What Is International Extradition?

August 18th, 2016 Comments off

international-law-essay

When it comes to extradition, the term means legal process by which an individual gets transferred from one place to the another without his or her consent. To cut it, that’s how authorities do their best to make sure people won’t evade justice. When someone does something illegal in a state and then sets off to the other one, he or she can be sent back to the state, where the crime was committed to face the justice. However, in case there’s no solid provision for extradition, individuals can escape from law through changing their current location.

Now let’s take a look at what international extradition is. The term means the formal process by means of which an individual found in one country gets surrendered to the other to face the punishment or just the trial. This is regulated and conducted between two governments – the one of the USA and the other of a foreign state.

When a criminal of nation A makes an effort to escape from justice by moving to country B, country A can make a special request to the nation B. The extradition treaties are then signed and, as a result, the criminals are being transferred to the requesting country. But it is necessary to point out that this criminal transfer can be performed only by keeping in mind that all sovereign policies of the other countries should be respected. What is more, a country cannot surrender an individual to the other nation in case it goes against the constitution of the nation. In case there are no valid treaties provided between the countries, international law gives the right to suspend transfer of the fugitive to the foreign land. When demanding the fugitive surrender, the country must provide a properly written request that should be then sent by means of diplomatic channels to the appropriate justice ministry.

An interesting fact about international extradition is that a lot of countries all over the globe won’t extradite their own citizens to face the punishment or trial since that’s prohibited by their constitutions. For instance, Russian Federation argued that its constitution banned it from extraditing well-known Andrei Lugovoi, who tried to kill dissident Alexander Litvinenko in London in 2006.

As for Germany, this country also has a solid constitutional law. In case the court considers the request not proportionate, the representatives of the Constitutional Court have the right to block the extradition. The other example is about the Netherlands. Nation also tends to send a request that a person accused of crimes committed in the other country is sentenced only in the Netherlands. France in turn, provided refuge to famous Roman Polanski, wanted by the United States after fleeing before the he could be sentenced for having sex with a 13-years old girl, due to his French citizenship.

Taking into accordance the recent challenges that are now being faced by the global community, it is more desirable that each of the international crime perpetrators be brought to justice only in the courts that are efficient enough to try them. But the reality is that international law makers do not seem to adequately cooperate to ensure such trials are held.

References:

  • Cadle v. Cauthron, 266 Ark. 419 (Ark. 1979).
  • Pajkanovic v. United States, 353 Fed. 183 (11th Cir. Fla. 2009).
  • Markham v. Pitchess, 605 F.2d 436 (9th Cir. Cal. 1979).
  • Nanda & David K. Pansius, Litigation of International Disputes in U.S. Courts § 10:21 (2d ed. 2013) (detailed discussion of the implications of the Convention Against Torture for extradition law).
  • Cryer et al, Introduction to International Criminal law and Procedure: Principles, Institutions (2007) Cambridge University Press.
  • Joseph et al, The International Covenant on Civil and Political Rights: Cases, Materials, and Commentary (2005) 2nd Ed. Oxford University Press.
  • Nicholls et al: The Law of Extradition and Mutual Assistance (2007) 2nd Ed. Oxford University Press.

Best Property Law Dissertation Topics

November 4th, 2015 Comments off

have an ideaTo every student, who studies law, the vastness of the field he’s engaged in is more than just evident. There are tons of law variations, such as international law, common law, criminal law, civil law, contract law, property law and many others. After a certain period of time spent in law educational establishment, every student comes to the point, when he/she is ready to choose a particular direction to go. Besides, when the time to write the law school dissertation comes, the student has an opportunity to focus on one legal principle and study it in details.

If you are about to work on the property law dissertation, then you should first know that there are two types of property – personal property and real property. Make sure you know what segment of the property law you must discuss in your project. Even though you are dealing with the law sub-division, you still have to conduct a deep research and understand the aspect of work before you start writing.

If you need to produce the best quality dissertation project that will impress both – you and your instructor, make sure to give preference to the winning and hot topic. In case, you haven’t had enough time to ponder over the dissertation topic, consider what segment of property law is the most interesting for you. There’s not need to concentrate on the broad topics since you can’t write about everything at a time.

If you are interested in patent and copyright issues, then your choice should be given to the intellectual property. The subject deals with the ownerships, trademarks and is related to the set of rules that regulate the way individuals own their personal inventions, like artwork, design, computer software, literature, techs and so on.

Below we have provided a short list of topics that may be suitable for the property law dissertations.

– Does the intellectual property regime of the United States of America guarantee solid protection? Try to compare and contrast with the position taken by the United Kingdom.

– Do intellectual property rights influence the economy of the country? If yes, in what way?

– Name any possible links between personal property in the United Stated of America and the Europe.

– What is plagiarism? How harmful is it for the individuals? Are there any particular penalties for plagiarism? 

– Provide the general overview of the real estate profession. Discuss the history and regulation that are related to the profession and particular challenges that the representatives of this segment are faced with.

– The copyright system isn’t capable to efficiently respond to the whole bunch of challenges that are caused by the web and general digitalization. Talk about it.

– The challenging relationship between intellectual property law and contemporary art.   

– What does it mean to be the owner of a unique property or original work of art in terms of the property law?

– Is real estate property the best investment segment that exists nowadays?

– Is there any protection for the unregistered trademarks? Discuss.

The topics for the property law dissertation vary greatly, but make sure to give your preference to the narrow one, to save both time and energy.

How to Write a Law Dissertation Proposal

August 14th, 2015 Comments off

law dissertationThe key purpose of the proposal is to provide the representatives of the admissions team with an opportunity to check the potential originality and feasibility of the research. Besides, the project is usually being accomplished to make sure that every successful applicant is assigned with an appropriate supervisor. Typically, the length of the law dissertation proposal is between 1500 and 2000 words. We strongly advise you to consider our simple guidance while working on the law dissertation proposal project.

Working on an introduction for the law dissertation proposal? Make sure to set out your key reasons for engaging with this very kind of study. All the ideas should be set into the academic / theoretical context. Describe the purpose and nature of the research, outline the problem and indicate the goals you’re willing to achieve.

The primary focus of the project is typically explained within the aims and objectives section. What is the difference between the aims and objectives? When the question is about the aim of the dissertation proposal, remember – you deal with some sort of aspiration or intention. Besides, aims are based on what you are hoping to achieve at the end of the project. As for the object, it is all about the step that you make in order to meet your aim. To cut the story, the object of the law dissertation proposal is all about how you achieve your aims.

When writing the methodology of your dissertation, make certain to explain what methods you used in the process of research and development of your proposal. It is highly required to explain what methods you’ve used in order to gather information. However, it is not allowed to include questionnaires and interviews since these elements should be provided in the appendices of the dissertation.

The other part of the law dissertation proposal is the literature survey that usually uses a descriptive writing approach. Within this section the author of the law dissertation proposal can demonstrate how he’s filling the perceived gap in the theory of knowledge that already exists. What is more, you are also free to purpose something that is controversial or goes against the ideas that exist nowadays.

And lastly, it comes down to the constraints of your research. You, as the author of the law dissertation proposal, will have to include them into the project. A lot of topics usually have broad links to various issues that are more complex. Thus, by clearly explaining the research constraints, you will have a chance to demonstrate your thorough acknowledgement and solid understanding of these larger issues, as well as the role they play by focusing the research exclusively on one part or the section of the subject.

Mind the references. The list of references should be included at the end of the law dissertation proposal project and demonstrate how deep your research is. It also acknowledges your information sources and protects you from possible charge of plagiarism.

Law and Order in London in the Late Nineteenth Century

March 29th, 2010 No comments

The biggest changes in London’s law and order set up took place in the nineteenth century, around the time of the Jack the Ripper murders. This essay is going to discuss the role of the police, how and why the police force changed, the reasons behind it, and what difference these changes made to society.

Law and order in Britain consisted of two police forces in 1800, the Bow Street Runners and the Thames River police force. The forces were under constant threat because of the rapidly growing population, and the lack of sufficient constables. In London in 1829 there were 450 constables and 4000 watchmen, compared to 1.5 million inhabitants of London. Watchmen and parish constables patrolled the streets of London, who kept an eye out for trouble, and prevented disturbances and robberies. They were probably quite effective, because they knew the local area and the local troublemakers well, but little is known about them. However, these officers could not deal with big disturbances, like riots. At this time, there were frequent Chartist uprisings in London, which the police were completely unable to control. The Industrial Revolution (1750-1850) also caused an increase in homicide, robbery, theft and burglary, which added to the demand for a more effective police force.
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How to Write a Good Law Dissertation

August 18th, 2009 No comments

Developing a good Law dissertation requires time, research, and dedication to your field. The most important thing you will do to get through this large project is to dedicate specific time that you will work on each section. Your schedule should start with gathering the tools you will need to complete your Law dissertation. First, you need a key case or article that is the primary focus for your problem statement, it is wise to print this out and keep it close by for easy access.

Second, you will need to be certain you have a thumb drive or other back-up source for your Law dissertation paper, because losing dozens of pages of work is a very difficult situation to accept. You can back-up your paper with CDs, zip drives, a second hard drive, by emailing it to yourself, or using free services such as Yahoo or Microsoft Office where you can store and password protect files online. Every time you work on your Law dissertation, you should save a new copy of it to prevent lost information. Read more…

How a Bill Becomes a Law

August 10th, 2009 No comments

America is known as the country of freedom, but if we had no established laws, Americans would not be as prosperous as we are today. The process of making laws, known as the legislative process, is governed by rules, laws and procedures. Although the legislative process is long and complex, all laws begin as simple ideas. When a member of Congress has an idea for a new law they present it as a bill, which is the most common type of legislation. The path of a bill, from the time it is just an idea to the time it arrives at the President’s desk for approval, is paved with many detours. A bill must be passed through both houses of congress, the House of Representatives or the Senate, in identical form, before it can be made a law. This is achieved through a step-by-step process that begins in either house.

When a bill originates in the House of Representatives the idea is presented to a representative. The Representative decides whether or not they want to sponsor the bill and introduce it to the rest of the house. If the Representative decides not to sponsor the bill, he sets it aside and does nothing, which is known as tabling the bill. Eventually the bill is forgotten about and dies. If they choose to sponsor it, they present the bill to the Chief Clerk of the House. The chief assigns the bill a number to keep track of it through this process. Then the bill is sent to the U.S. Government Printing Office to make copies and is returned to the house. The copies are dispersed to the rest of the Representatives and the bill goes through its first reading. The speaker then assigns a committee to further review the bill. The committee will put the bill through public hearings and work sessions where revisions and additions can be made. If there are additions made to the bill, it is reprinted and includes the new amendments. After it is reviewed the Committee Chair signs it. The revised bill goes through a second reading, and finally a third reading before the house can vote on it. The bill must receive the majority of the houses votes to be passed on to the other house. Read more…

Megan’s Law in Australia

July 24th, 2009 No comments

John Lewthwaite is a man who had been charged and convicted for the murder of five-year-old Nicole Hann in 1974. Lewthwaite, who was nineteen at the time, had fantasised about abducting and raping Nicole’s then nine-year-old brother. Young Nicole awoke one afternoon as Lewthwaite broke into her home. He stabbed her seventeen times. Lewthwaite was released back into the community after serving twenty-five years of his prison sentence. The community he took residence in was fearful and outraged; their main concern was for the safety of their children.

Good morning/afternoon Miss Wiggins and girls. Ours is an increasingly dangerous society with increases in both the malevolency and the rate of crime. Part of the problem lies in abuse of our advancing technology and media inducing increase in tolerance of popular-cultural interests such as violent movies, music, video games influencing today’s youths to commit crimes we have never imagined. This generation is in need of limits and boundaries, legal guidelines that enable individuals to achieve social cohesion. We are a generation that lives in constant fear. The rate of child sex crimes is on the rise. Parents of young children now live in fear that their child may also fall a victim to sexual crime. In 1993 to 1994, there were 4392 children who were believed to have been involved in substantiated cases of child sex abuse whereby substantiated means there is reasonable cause to believe that the child has been or is being abused. One Australian study in 1988 estimated that twenty-eight percent of girls and nine percent of boys had been involved in some form of sexual abuse in Australia. Child abuse includes crimes such as child sexual assault, child sexual victimisation, child exploitation, child sexual misuse, child molestation, child sexual maltreatment and child rape. All of which are criminal offences listed under the Criminal Code of Queensland. These crimes pose serious threat to our society. Not only are children amongst the most vulnerable of groups in the community, they are also the next generation of adults. Statistics show that in most cases, convicted paedophiles were found likely to have been victims of sex crimes as children. Therefore more must be done now to break this vicious cycle of immorality.

This afternoon, in light of time constraints I will be focusing on one particular area of law related to child sex crimes that is in need of reform; the treatment of “rehabilitated” or “paroled” child sex criminals in relation to Megan’s law in the US and whether or not such legislation is appropriate for the Australian society. Read more…

Family Law

April 15th, 2009 No comments

A de-facto relationship is a relationship in which two people are co-habiting without being legally married and must be heterosexual to be recognised by the courts. This type of relationship increased greatly from 1971 to 1082 as people were not economically and physically willing to enter into a marriage. In 1984, a statutory basis was given to de-facto relationships with the passing of the De Facto Relationships Act 1984 NSW. This act provided a legal definition of De Facto relationships, eligibility criteria and protection of individuals on the breakdown of such a relationship. The issues dealt with by the Act include property rights, maintenance, care of children and inheritance. Property rights include: Under common law, a person in a de facto relationship has no right to property unless it was in that person’s name. Maintenance: there was no legal obligation to pay spousal maintenance. Even if one of the partners did not have a job and was looking after a child full time. Up until 1984 this was the case. Under The property (relations) act 1984 either partner of a de facto relationship can initiate legal proceedings requestion periodic maintenance against the other partner on a restricted basis. The court will force payment to the claiming party if they cannot support themselves adequately because of full time child rearing and lack of independence due to the relationship. Care of children: issues regarding children are handled in the same way as the children from marriages. Since the Family Reform Act 1995, decisions concerning children from de facto relationships are administered through the family law court regardless of whether the children are from a previous marriage. Inheritance: spouse and children may not be entitled to property upon the partner’s death. Unlike marriage there is no formal start or end to a de facto relationship.

Davies Vs Sparkes 1990 confirmed the common law definition of a de facto relationship.
A de facto relationship must be at least two years in duration for the law to operate and govern the associated parties of a de facto relationship effectively.

Domestic violence within a de facto relationship is treated the same as it would be treated in any other form of relationship, in the sense that it still has the same physical, sexual, emotional, or psychological repercussions. The existence of the Family Law Act 1975 does not and cannot extend to de facto spouses (constitutional defect). Accordingly, the family law court has no power to issue injunctions to restrain domestic violence within a de facto relationship. Conversely, the legal remedies against domestic violence in New South Wales have been extended and improved by the Crimes (domestic violence) Amendment Act 1982. This act applies to both married persons and people in de facto relationships. Despite this act, people in de facto relationships still do not have the same protection against domestic violence as people in marriages. Legal action to prevent domestic violence can be taken by applying for an AVO/ADVO (Apprehended domestic/ violence order), pressing criminal assault charges or by applying for an injunction.
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