Essays on Legal Instrument

Introduction

For the last two decades the popularity of the international investment arbitration and legislation has been dramatically increased. The volume of cases considered by virtue of the interpretation of the provisions of the bilateral investment treaties signed between the parties of the commercial relations has been increased. In addition, this trend reflects the preference of the business units and states in signing agreements with the umbrella clauses due to their simplicity and efficiency in determination of the disputes between the parties. The availability of several mechanisms that can be used for the determination of the interests of the parties ...

The case Thompson v. North American Stainless, LP addresses the scope of the retaliation provision under Title VII that enables protection for the employees against the illegal actions of the employers. Title VII of the Civil Rights Act of 1964 permits retaliation cases in order to decrease the exposure to the discriminatory activity in actions of the employees. Meanwhile, this article states that the retaliation should be understood as the situation when the employee of the firm was fired or reassigned as well as he was deprived of the certain range of the benefits if the employer considered them ...

The Declaration of Independence is the basic legal instrument that serves as the background in forming the equality of the society and protecting its rights. The Declarations presupposes all human beings to be treated equally and possess equal natural rights. According to the basic principles of the Declaration, the humankind has been created by God to be equal at all times. As it has been stated by Lincoln, equality is an abstract truth, so every man must be treated equally in the society. As the Declaration is a legal instrument, it predetermines the Government to be responsible for the ...

Introduction

There are several means of interpretation of the intention of the parties. Regardless the fact that there is a concept of freedom of expression belonging to the parties to agreement, sometimes the parties forget to include certain provisions and clauses. In this respect, the court is requested to consider the express and implied terms of the agreement for resolution conflict between the parties. This paper dwells on the consideration of tests developed by the case law for identification of the implied terms. At the same time, the notion of the implied terms is the controversial concept which is subject ...

Introduction

The United States of America has a record of declaring war on certain issues and countries, given specific circumstances and its declaration of war on terror is just one of them. As much as some of these wars declared in the past were well criticized in certain quarters, the war the US declared on terrorism is one that is well agreed with by the vast majority of citizens. The reasons for this is very obvious; terrorism is an act no state will ever wish it experiences due to the number of innocent lives that gets wasted, thereby robbing the state ...