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Best Personal Development – The 11 Forgotten Laws – Review

Is most ideal self-improvement without the use of The 11 Forgotten Laws of fascination? Was the first form of the Law of Attraction – uncovered to all of us not very far in the past – only a buildup? This article will endeavor to reveal insight into a few truths and the 11 Forgotten Laws.

Sway Proctor and Mary Morrissey, 2 of the best self-improvement tutors, accuse the film business for giving people in general a “diluted” variant of the Law of Attraction, forgetting probably the most essential parts of it, The 11 Forgotten Laws.

They clearly allude to the film The Secret. Here is the thing that they say in regards to the film business:

Should Christianity Cause You to Disobey the Law of the Land?

Defiance is unfaithfulness, either to our conviction or to the rule that everyone must follow. Divine law (God given law) administers Christianity. It is clear that every other law take their root or obtain from it. By and large, divine law barely negates the tradition that must be adhered to.

The Law Of Thinking and The Law Of Supply From The 11 Forgotten Laws: Bullet-Point Overview

Question: Have you known about The Law Of Attraction? No doubt your answer would be yes.

Another Question: Do you think about the 11 Forgotten Laws? In the event that you wear a bewildered frown all over, you are at the perfect spot.

More or less, for the Law of Attraction to work at its ideal, there are 10 different Laws which need to work together agreeably. Every one of these Laws are presented by Bob Proctor and Mary Morrissey in a complete system called the 11 Forgotten Laws.

The Law Of Obedience And The Law Of Success From The 11 Forgotten Laws: Bullet-Point Overview

Have you ever known about The Secret and The Law Of Attraction? Probably your answer would be Yes.

Be that as it may, do you realize that there are 10 different Laws which need to work together concordantly for the Law of Attraction to work at its ideal? Every one of these Laws are presented by Bob Proctor and Mary Morrissey in an extensive Program called the 11 Forgotten Laws.

The Law Of Receiving and The Law Of Increase From The 11 Forgotten Laws – Bullet-Point Overview

Have you known about The Law Of Attraction? In all likelihood your answer would be Yes.

Do you realize that for the Law of Attraction to work at its ideal, there are 10 different Laws which need to work together amicably? Every one of these Laws are presented by Bob Proctor and Mary Morrissey in an extensive Program called the 11 Forgotten Laws.

Two basic types of knowledge – Tactic and Explicit Knowledge

What is Knowledge? This article will not be didactic if I just proceed without tell you or explaining the meaning of knowledge.

According to, knowledge means the state or fact of knowing, familiarity, awareness, or understanding gained through experience or study; the sum or range of what has been perceived, discovered, or learned; Learning; erudition: teachers of great knowledge;  Specific information about something; Carnal knowledge.

The Oxford English Dictionary  defined it as (i) expertise, and skills acquired by a person through experience or education; the theoretical or practical understanding of a subject, (ii) what is known in a particular field or in total; facts and information or (iii) awareness or familiarity gained by experience of a fact or situation. Philosophical debates in general start with Plato’s formulation of knowledge as “justified true belief”. There is however no single agreed definition of knowledge presently, nor any prospect of one, and there remain numerous competing theories.


There are two types of knowledge.  The first is explicit knowledge.  Explicit knowledge are shared in form of formulae, specifications of products, manuals, universal laws, etc.  One feature of this type of knowledge is that it can be transferred from one individual to another either systematically or formally. This is common in the western world.


The other type is tactic knowledge.  This type is quite personal and hard to transfer. It is not really easy to share this type with others.  It is deeply embedded in an individual’s actions which he or she may have acquired over the years by experience.  This type of knowledge includes the skills or technical know how of an individual.  Most skill persons develop avalanche of expertise after a reasonable number of years.  Most often, the skilled personality in this category have difficulty articulating the technical or scientific principles behind what they can do and what they know.

While Tacit knowledge contains an important cognitive” dimension. It also  consists of, perceptions, , values, emotions and mental models so ingrained in us that we take them for granted. Though they cannot be articulated very easily, this dimension of tacit knowledge shapes the way we perceive the world around us.

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; 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

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


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


Ulrich Drobnig, Substantive Validity, 40 Am. J. Comp. L. 635-644 (1992), available at

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

Hartnell, supra.

Drobnig, supra.


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:

Hartnell, supra.




Heiz, supra.


Spanogle, supra.

Dr. Peter Schlechtriem, Uniform Sales Law – The UN-Convention on Contracts for the International Sale of Goods (1986), available at

Heiz, supra.

Hartnell, supra.

Leyens, supra.

Hartnell, supra.

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



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



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).


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.

Thai Law Trouble Possible For Those Posting ‘False’ Messages In Social Media

The National Council for Peace and Order (NCPO) is mulling legal actions against netizens who post such false messages, according to its spokesman Colonel Winthai Suvaree.


At least one law firm in Thailand suggests it is, in the present situation, better not to post messages or other comments in online discussions and/or on social media outlets which might be seen as seeking to incite public confusion, panic or unrest. At the same time the advice from this Thai law firm includes a definite ‘no’ to the posting of any message or comment that blatantly or in no uncertain terms aims to incite confusion, panic or unrest.



There are many a Thai and international law firm in Thailand which can offer valuable and well-founded advice in such a situation, in addition to the usual range of Thai law, legal, accounting, immigration and auditing services available. Some specialize in assisting foreigners to obtain a Thai visa and/or Thailand work permit, others in tax consulting and filing of personal income tax and others in starting a business in Thailand.


Foreigners employed in Thailand are required to file a personal income tax return each year, the same as Thais are required to. The filing of income taxes is not the most popular exercise to start with and for expatriates working abroad in foreign countries, it is probably less so. And hence – while they are of course free to handle this process themselves – many opt to use a Thai law firm for this.


A similar warning came from the military junta just days after the 22 May 2014 coup, in which members of social networks were told they must stop using social media to incite unrest.



In the days leading up to the coup also, when Thailand was under Martial Law, announcements were made requesting cooperation from social media to spread news of all events straightforwardly and without bias, which might otherwise cause misunderstandings and enlarge the conflict.


At the time, a leading Thailand newspaper mentioned in a story on the announcements that, according to the Martial Law in effect, entrepreneurs or participants in social networks were prohibited from broadcasting to incite, or provoke violence, including resistance to the junta’s performance of duties and that commentators who violated the regulation would be suspended and prosecuted without further notice.


Along with the warning this August 2015 from the NCPO regarding ‘false’ messages in social media, its spokesman Colonel Winthai also asked the public to report immediately to police or military officers if they came across any suspicious objects or anything that may pose a public danger.


Speaking in a nationwide TV broadcast following the 17 August 2015 bombing at Bangkok’s Ratchaprasong intersection and a second bombing incident at Sathorn pier the following day, the spokesman said security agencies concurred the attacks were intended to affect Thailand’s economy and tourism business and the image of the country.


Toward the end of August, Thailand welcomed its 20 millionth visitor for the year 2015 so far. The Tourism Authority of Thailand is aiming for a 13 per cent rise in arrivals for 2015, to over 28 million, and the tourism ministry is projecting total earnings from tourism – international and domestic – in 2015 to reach THB 2.2 trillion.

Universal Laws and Principles – The Recipe For Life

Universal Laws and Principles – The Recipe for Life

John A. Smith

What is your experience of life? Do you experience life as a set of random events in which you have little say and control? If you do, you form part of the majority of people who live as victims of life, having life happen to them. In a previous article we touched on the fact that although most people tend to live this way, there is a growing group of people who, instead of struggling to make a living, are having fun designing their lives. What makes the difference between these two groups of people? Is the one group having more luck than the other? The reality is that luck has nothing to do with it. Instead, the second group, having fun designing their lives, have discovered one of the greatest secrets to a happy and successful life – the fact that instead of simply being a set of random events, every aspect of life is governed and its outcome determined by the understanding and implementation of the Universal Laws and Principles. As much as there are natural, physical laws that govern the order of the universe such as the Law of Gravity, there are Universal, Cosmic or Spiritual Laws and Principles that govern the order of life. In this article we will examine some of these Laws and Principles and the role each play in determine the outcome of life.


Before we look at these Laws and Principles, it is important to understand what we mean by these terminologies.

Law – a binding rule. There is nothing you can do to change it. It is immutable. Violating a law contains inherent harm, suffering or punishment. Obeying a law contains inherent benefit, reward or blessing. The suffering we experience as a result of violating these Laws should serve as feed-back; lessons that we need to learn in order to change what we do in order to change the outcome.

Principle – the underlying cause of an outcome. If you do something a certain way, you can virtually predict the outcome.

These Laws and Principles are not intended to dictate to, or control you. They are intended to inform and enlighten you as to the way things work. You also need to be careful not to look at the workings of these Laws and Principles as purely mechanical. Your will, desires and attitude also play a role in the creation of your life circumstances, situations and events, as well as influence those of others. The purpose of this article is to inspire you to look at life in a new way and to assist during some of the more uncertain times in your life, when you need answers to help provide some solutions.

It is important to understand that the application or implementation of each Universal Lawactivates an inherent Principle. The outcome of your life is directly determined by your knowledge and implementation of these Universal Laws and Principles. “You will know the truth, and the truth will make you free.”

Although we cannot necessarily arrange the Universal Laws and Principles in order of importance, it is safe to say that the Law of Cause and Effect is seen as the most basic of all Universal Laws. The Law of Cause and Effect implies that nothing exists or is experienced independently or capriciously. Every situation, circumstance or event was created by a cause. Every cause creates an effect. The only way you can bring a change in whatever it is that you are experiencing, which is the effect, is to change the cause.

Following is a list of some of the Universal Laws that if correctly applied and implemented will activate their inherent principles which in turn will create causes leading to effects – the situations, circumstances or events in your life.

  1. The Law of Mind – The condition of your mind or consciousness (thoughts, will and emotions), positive or negative, will determine the condition of your life, positive or negative. A positive, empowering mind will create positive cause leading to positive effect, in turn determining the quality of the situations, circumstances or events in your life.
  2. The Law of Attraction – Your thoughts attract to you those things that correspond with the quality of your thoughts, positive or negative. Positive thoughts attract positive situations, circumstances or events. Negative thoughts attract negative situations, circumstances or events.
  3. The Law of Thought – You become what you think. Whatever thoughts you entertain over a period of time (in your conscious mind) will eventually settle as beliefs (in your subconscious mind) and will control the outcome of your life. The only way to change disempowering beliefs into empowering beliefs is to discontinue keeping your mind busy with disempowering thoughts and deliberately start thinking empowering thoughts.
  4. The Law of Belief – Whatever your belief about anything (in your subconscious mind) will eventually create according to that belief (according to the Law of Attraction). Essentially, your beliefs consist of your internal dialogue – what you inadvertently say to yourself about the situation – and your imagination – the picture you inadvertently hold in your mind about the situation. One way in which you can become aware of your beliefs is by observing your reality and paying attention to what comes out of your mouth.
  5. The Law of Expectation – Whatever you expect (created by the belief in your subconscious mind) will create according to the expectation. Do not confuse expectation (which is subconscious) with wants and wishes. Wants and wishes very seldom come true as they are usually based on a sense of lack, which according to the Law of Attraction will create more lack. Every person has expectations, whether of something positive or negative, creating circumstance, situations or events accordingly.
  6. The Law of Acceptance – There is a saying, “whatever you resist will persist”. The reason for this is that whatever you focus on will remain, as focus feeds any situation with energy. Acceptance, not to be confused with capitulation or denial, but a conscious decision to accept the fact that something is the way that it is without attributing value to it, takes the focus off the situation, making it subject to change.
  7. The Law of Focus – Whatever you focus on in your thinking, positive or negative, is what you continue feeding energy. The object of your focus becomes magnified and will remain. Instead, acknowledge the presence of the situation with the understanding that it is subject to change and move your focus on what you desire. The moment you remove you focus from the negative situation, you allow for change in the situation. By focusing on what you desire, according to the Law of Attraction, you will create more of what you are focusing on.
  8. The Law of Forgiveness or Release – Unforgiveness holds you to the person or situation you won’t forgive or release – you are the one that suffers. Forgiveness simply implies letting go of the emotion attached to the issue. You know that you have forgiven when you can think of the person or event without feeling the negative emotion.
  9. The Law of Love – Love (unconditional acceptance) is always reciprocal. The more you love, not necessarily only the experiencing of the emotion, but the acceptance of the person as created in the image and likeness of God (separating the persons’ actions from their being), the more you will be loved in the same way.
  10. The Law of Gratitude – Whatever you are grateful for for, you will experience more of. The Laws ofFocus and Attraction work together in this instance. Starting the day with an Attitude of Gratitudesets the mood for a positive experience fo the rest of the day, in spite of perceived negative situations.

The million dollar question should now be, “how do I apply and implement these Laws and Principles?” In another article we will learn how to do just that. For now, it is important to develop a knowledge and understanding of the Laws and Principles mentioned above. It is important to understand that there are many, many more of these Laws and Principles, literally for every aspect of life. Once learnt and implemented, you will no longer feel a victim, but become a designer of your life. Enjoy the journey!


The 11 Forgotten Universal Laws

The 11 forgotten laws are ancient laws that was known by only small
percentage of people. In 2006 the hit movie “The Secret” revealed
the law of attraction (one of the 11 forgotten laws) to the world
as the only law in the universe.

But after short time passed more and more people began to complain
that the Law Of Attraction didn’t work. Many went so far as to say
“The Secret” was simply a scam designed to separate gullible people
from their hard-earned cash.

Frankly, I was complaining too, about The Secret in those times…


But what many people couldn’t realize is that “The Secret” left out
some important information. The Law of Attraction is not the be all
and end all. The whole universe couldn’t be ruled by just one law.

Now, we can see the thruth cleaner with the experiment of the other
10 universal laws. The law of attraction is only one of 11 Universal Laws, called the 11 Forgotten Laws.

When these 11 forgotten universal laws used together will turnyour mind
into a completely unstoppable force and that will turn your thoughts
into reality faster than you could imagine.

So what are these 11 Forgotten Universal Laws ?…

  • The Law of Thinking
  • The Law of Supply
  • The Law of Attraction
  • The Law of Receiving
  • The Law of Increase
  • The Law of Compensation
  • The Law of Non-Resistance
  • The Law of Forgiveness
  • The Law of Sacrifice
  • The Law of Obedience
  • The Law of Success

Once you these 11 Forgotten Laws into the fabric of your
life, anything and everything that you desire will be yours.
These 11 Forgotten Laws are the missing pieces of the Law of
Attraction puzzle. Failure isn’t an option with all these laws.

So now, it’s time to delve into these universal laws a bit more. But this a different story so, I will not write them here.

The Law Of Supply – Abundance Secret Of The Universal Laws!

It is reality of the nature of human to always want the best thing in life.
We are always striving for something better. We want to have a bigger home,
a better car, or more knowledge. Whenever we acquire anything we want, soon
another desire for something greater develops.

Therefore, we are just programmed to advance our lives and it is not only our
right, but what we have to do, to always pursue something better.

Everyday we attract something into our lives by just expecting it. This is the
principle which works everytime and for both good and bad circumstances..
If we want good things or and less bad, then we need to learn and understand
the law and how to use it.

When we are aware of the laws, we will only get great benefits of the universal
laws and our lives and our circumstances will be better with the power of
universal laws.

Personally, I believe that the Creator is our supply for everything.
But in actual fact, a lot of people believe that “creature” is the source.
We need to recognize and believe that the supply comes from the Creator not from
the creatures and things that we see. But there is often uncertainty, because
it’s difficult for many of us to believe in something we do not see.

If we look through and see abundance or plenty, we are eager to accept it as
true and take pleasure in it.

If we see lack around us, we will have a much harder time believing in plenty.
So which comes first, seeing or believing?

Belief is the foundation of the law, which consecutively determines what we see.
So believing comes before seeing.

If we look at Nature, If we look at Nature, we will come to understand
how the latter (believing) comes first.

A tree goes through a life cycle during which nothing in its physical essence is
ever lost. A tree starts as a seed. The seed absorb the moisture and nutrients
from the earth.The seed grows into a tree and sprouts leaves. When the autumn
comes, it begins to shed it’s leaves and the leaves will turn into mulch on the
ground. After some time, they break down into carbon, which eventually forms


into peat and coal. Coal is mined and burned, producing ash in the air.
As the ash falls to the ground, it becomes nutrients for a new tree to grow.

Nothing is wasted, its essence is never lost, the cycle of life continues.
So, all the supply that ever was, still is, and ever will be, remains the same.
And there can never be a shortage of supply.Clearly, this is exactly
what the law of supply  is.

For those who don’t know the Law and do not have the knowledge to apply the law
will always see shortage of supply.But if they open their mind and know the law,
they will come to realize that there is a lot of supply for them to use.

Demand is always followed by Supply. For example, an automobile hadn’t been
available before a man imagined it. When there was a demand for a car, it could
be built. The same principle is the same for the all electronic devices
and flying vehicles.

An important trick of the law of supply is the thinking way. If we worry about
where our next dollar will come from, it will cause supply to be limited and
restricted. Do not insist of the way! You may not know the best
way for your desire.

When we feel the fear and the worry, it gets worse which means more limits
on what we want to have. Sometimes it may be hard to avoid worrying but we have
to know haw to relax and open our minds to a larger state of thinking in every
situation. When we achieve thinking abundance, we will simply get more.

Your mind is just like a magnet and it attracts to you the things
and circumstances you think.It has a tremendous power but it must
be trained to attract things you want, but not you don’t want!

If you can understand all the laws with their small tricks and secrets,
you can boost your power and “do, have or be” whatever you want
in the soonest time.

Your mind is just like a magnet and it attracts to you the things
and circumstances you think.It has a tremendous power but it must
be trained to attract things you want but not you don’t want!

Having a coach for developing mind power is always better and
quicker to show you how to develop your mind magnet.

Law Of Thinking – The First Law Of The 11 Universal Laws

The law of thinking is an essential law to achieve your goals and simply get
your highest desires. The singular Law of Attraction won’t be effective enough unless you are also following the other 10 laws and the law of thinking is the first of all laws.

“As a man thinketh, so is he,” is an old proverb that was partially used for the title of a pre-Secret self-help-and-success book written in the 19th century. Now, what does this mean for you?

Your circumstances, regardless good or bad is the result of how you use your mind. Thinking is the starting point of everything because when you think, it leads you to believe and as you believe you do and as you do, you get the results or effect that reflect what you have thought initially.


Most people don’t fully comprehend this universal law–either they are unaware of it, or they make it out to mean something that it doesn’t. Life is a thinking process because as you think along, you are constantly creating your reality that matches with it.

You can easily use your conscious thinking and, actually, it is used even if you don’t know how to influence that process. When you start using your conscious thinking effectively, you will see the real differences in your life. However, the Law of Thinking doesn’t mean that you will do everything just with your thoughts. Thought must be accompanied by action!If you want to climb on a mountain, you don’t just sit at the bottom and think.


In order to climb there, first you must take a step, and one more, and another. You may fall down a few steps, or take a wrong turn, but you continue climbing until you reach your destination. When you take these steps, you will find the true way and you will notice that an unseen force is helping you. You may meet the right people who help you to reach your goal. Or you may find a stick that helps you when you become tired.

These are tangible evidences of the effects of the universal laws. However, all will be occur with your first step. Every day, make sure you plan and do something definite that will help you reach your goal. First, start with a small and very easy objective, keep thinking and working about it regularly. As you complete more and more small objectives towards your dream, you will achieve what you desire in the sooner future. This is the way of using the law of thinking.

The Most Challenging Universal Law: The Law of Allowing

There are numerous Universal Laws that are a part of the quantum soup that make up our lives here in our plane of existence. The Law of Attraction is probably the most well known of the laws. There is so much discussion about the Law of Attraction that sometimes we forget the other, very important, laws that play an integral part in our lives. These other laws, along with Law of Attraction, actually enable us to manifest our desires.

Let’s start off with a description of Law of Attraction. This is probably the most powerful Universal Law. It acts like a boomerang. What thoughts and feelings you project out into the Universe, the same vibrational energy of that thought or feeling is brought back to you. We are all using the Law of Attraction in our daily lives; however some of us are not aware of it, or consciously utilizing it to our benefit.  It’s when we do focus on our thoughts and intentions in a deliberate manner in order to bring about a desired outcome; we are using The Law of Deliberate Intent and truly using Law of Attraction to our benefit. The Law of Deliberate Intent is being a deliberate creator as opposed to creating your life by default.
Other Universal laws include, but not limited to: The Law of Sufficiency and Abundance, The Law of Pure Potentiality, The Law of Detachment, and the Law of Gratitude and Appreciation.

The next law is probably the most challenging of all the Universal Laws, one that gets the most rise out of people.  It is the Law of Allowing. The Law of Allowing equals freedom. You may ask, “how so?” By allowing yourself to be your true authentic self you are offering unconditional love to you, which is the emotion that creates the highest vibration that there is. Here’s the catch, not only is it allowing and accepting ourselves to be who we are but also accepting others for who they are. By allowing others to be their unique selves we are also extending unconditional love to them. However, when we have the need to have others feel and behave just as we do, we are coming from a place of judgment, judgment stems from fear and those emotions are of a lower vibrational energy. Thus, attracting lower vibrational situations into our lives. When we release the need to ‘control’ every circumstance or the people in our lives we are allowing the universe to deliver our desires in an unrestricted way and honoring those around us. When we are not allowing we are resisting. When we are resisting, we are not manifesting our desires. You can see why this law is extremely important.


The Law of Allowing is probably  one of the most challenging laws to embrace. We all learn at an early age how to gain approval and affection from others by being who we think they want us to be and acting in ways to please them. Instead what we need to focus on is ‘who we are’, and learn acceptance of others, when they are simply being ‘who they are’.  When you have a difficult time with this law, here is a cool trick to start seeing more of those positive qualities of a person you are around daily: It’s called the Positive Aspects book. Find a new journal and create pages for those people in your life that you would like to feel better about. Only write down the positive qualities of this person, come on I know you can find some about your co-worker, perhaps she is a really good mom. How does it make you feel when you write about her good qualities? Remember you are focusing on her good qualities ONLY, and leaving out her negative ones. When you write the positive qualities down on the paper, bring yourself into a place of feeling those qualities in your body. How does it feel to appreciate someone for the things you truly like about them? Do this for 15 minutes a day on people that are in your life. Have designated pages for each person. Spend your time feeling the good characteristics.  After a few days of doing this consistently, you will begin to see more of the positive and less of the negative qualities of these people.

Understanding the Universal Law of Giving and Receiving

Gifting has opened many hearts to enormous gratitude and compassion by allowing people to give without wanting something back in return. This opening of the heart causes grace to flow in many unexpected ways as we recognize the abundance and oneness that comes from knowing there is more than enough to give, not just receive.

“Imagine for a moment what will happen to our world as more of us start giving without wanting anything back in return. Picture a world filled with love and compassion and people are helping each other for no reason—a world where everyone has more then enough. The possibilities are endless and easily within our reach. Positive change begins with you. Start practicing giving today and notice what happens.” – Hale Dwoskin

Giving has been called the First Law of All Creation. It has also been said that there is a Universal Law of Giving and Receiving, or that giving and receiving are the same. To clarify, quoting Kathleen Rainbow, “For anything to function effectively, there needs to be some kind of structure. There are laws that govern our universe called Universal Laws. These laws apply to everything, everywhere at all times in our universe. These laws enable our universe to function in an orderly fashion. Without these laws there would be chaos in the universe. By studying, understanding, cooperating, and applying these Universal Laws in our daily lives we can lead the most successful, fulfilling, abundant, joyful and healthy life possible.”


In today’s modern society, human consciousness is awakening to a primary law governing the creation of abundance; ‘Giving and Receiving are one and the same. To give is to receive. To receive is to give.’ A conviction of universal oneness remains at the heart of this thought system, thus when we give, we do not lose what we give, rather, we receive more of what we give. Lester Levenson, the inspiration behind The Sedona Method, used to say, “In the end, you discover that the only one you have ever helped is you.” So when we give peace, we receive more peace. When we give money, we receive more money. And when we give love, we receive more love. When we accept as a core belief that giving and receiving are the same, we thrive.


Whenever we give with no expectation of receiving something back in return, we are allowing the energy of the universe to flow naturally and powerfully, coming back to us many times over and in many ways. But when a gift is given to acquire something, this is really barter and similar to commerce. This attention on receiving, or getting something back, creates unseen blocks or resistance to receiving. An attitude of “getting” creates a blocked-up condition, a paralyzed state. As long as we maintain a desire for “getting” and an attitude of “getting,” we shut out the spirit of giving, and this limits the flow of good that can come to us. When we are truly giving, we are not eager for of any type of payback. If we simply give to get, we cause the flow to stop. When we give from the heart and with no expectations, we will receive much more.

It was once pointed out to me that, ‘In Philippians 4:15-19, Paul speaks to the church about the power and benefits of giving and receiving, telling them that this financial would be like opening up a debit and credit account for each of them, creating an open door for God almighty to meet every need that they have.’

And the School of Metaphysics shares, ‘Life is a series of moments. The quality of your life is totally determined by the choices you make in how you spend your time. To give a gift signifies time well spent. It is effort well spent that returns to us many fold in the spirit with which the gift was given. This is according to Universal Law.’

We can see from these two poles apart, cultural viewpoints that the common thread expressed is that giving opens up the door to receiving. When we give and expect nothing in return, the Universal Law of Giving and Receiving allows us to receive something in return when we are giving via a constant exchange of energy between us and the universe. This vibrant energy defines one beautiful truth of our existence.

Advance Universal Law of Attraction Exercises to Attract Wealth

No matter how successful we are, we can always use one of the following universal law of attraction exercises to manifest wealth in our lives. if you ask any universal law of attraction mentor, he or she will recommend you the following universal law of attraction exercises . Give them a try and let your outcomes be your guide.

1. The Meditation

This universal law of attraction exercise works when you take some time to yourself in quiet meditation. Start meditate by focusing on the idea that every possibility for your life already exists; you simply choose which of these possibilities based on your thoughts and beliefs.

For instance, if the idea of being a Wealthy Rich person is appealing to you, recognize that this reality ALREADY exists. If this sounds like an outrageous claim, you might be surprised to learn that it is actually a recognized theory of physics, based on the work of quantum physics pioneer Nils Bohr 1920s.

The universal law of attraction coach Dr Bohr proves Scientifically that there are an unlimited number of “potential universes,” representing an unlimited number of possibilities which are all exists and present at the same time. In physics circles, this is known as the Copenhagen School of Quantum Physics, and it is a well-established theory that has yet to be disapproved, despite nearly hundreds years of challenges by some of the greatest minds in history including Albert Einstein.

By meditating and visualizing yourself experiencing this reality, you come into greater and greater harmony with it. From there, it is simply a matter of using this universal law of attraction exercise consistently with faith. The results can be achievable.

2. The Transmitter

This universal law of attraction exercise takes advantage of the human ability to control and change the Vibe they are resonating out into the world. whatever you are resonating is what you are attracting.

By taking this concept seriously and literally, you can begin to play a little “mental game,” attempt to resonate a certain vibe. For example, if you’d like to experience great wealth, You do this by creating a strong mental image of yourself ALREADY being a Rich wealthy person, and then see yourself transmitting this energy around you anywhere you go.


Apply this universal law of attraction exercise and your vibration will be stronger and further. If you are walking in a crowded area, for example, see yourself transmitting your vibe to all around you. This universal law of attraction exercise can be used for manifesting prosperity.

3. The Gate-Filter

This is one of my favorite Universal Law of attraction exercises. Its completely opposite of the Transmitter exercise, because it is not concerned with the vibe you are sending out, but instead, focuses entirely on the vibe you are letting in. Here’s how it works.

The idea of the Gate-Filter exercise is to take a period of time , and become very aware of anything and everything that is arround you. As you become aware of things in you will play the part of a Gate filter by allowing in ONLY the things that increase your positive energy.

This universal law of attraction exercise is actually about optimization, which is one of the most important aspects of practicing the universal law of attraction. By being an active “Filter” of your own inner vibes, you will learn to remove your focus from things that do not give you positive energy, and ONLY allow things in if they contribute to your positive energy.

This is one of the most important and effective universal law of attraction exercises a person can use. It teaches us the value of concetrating our attention on what we want, while allowing what we don’t want to go away.

Try all three of these Universal Law of attraction exercises to manifest wealth (and anything else you desire) — you are sure to see a huge difference in what shows up in your life in no time at all.

Do you know that the reason why the law of attraction did not work for most of people is because they are missing the understanding of the other universal laws, watch the universal-law-of-attraction coach BobProctor explains the 11 Forgotten laws.

Law Of Attraction – Why Some People Attract More Easily Than Others

Have you ever noticed that some people seem to have a knack for the law of attraction? Without much effort on their part, they seem to manifest the things that they want again, and again.  While on the other hand, there may be many people who have come to understand the law of attraction, but seem never to achieve any level of success with it. Why is that? Well, I can tell you one reason, and it’s a very important concept to understand.  The law of attraction, and the successful use of it requires much more than visualization and affirmations, and one thing that is very vital to the success of this law is the development of your total self, and that is the fullness of your physical self, as well as your psychic and spiritual self.


Those Who Have A Hard Time Of It


Those people who struggle with the law of attraction have one thing in common, they have come to the understanding of these universal laws simply because their life is at a point of struggle. They probably, or most likely, have never taken the time to develop deeper aspects of themselves. If you spoke to the majority of people, they know nothing about their psychic bodies, or their psychic mind, and probably have no desire to go any deeper either. To them, visualization is as far as they will go, so there’s always the feeling that they are powerless, rather than powerful. They have not learned to incorporate the totality of themselves, so the results that they get are minimal.


Those Who Yield Great Power


Those who experience great power in attracting what they want again, and again, using the law of attraction, have something in common. Those people have a great desire to develop the fuller aspect of themselves. They feel enthusiastic about learning about their dreams, they are enthusiastic about the development of their intuition, they understand the power of developing the fullness of themselves, both the inner, and the outer.


Such people can often be heard talking about hunches, and following those little inner voices, and communicating with their inner self, and all those things that most people may consider too new age, or too airy-fairy; but those people have the abilities within them because they incorporate the totality of their psychic/spiritual mind..


You Must Combine Both

The moment you begin to combine both aspects of yourself, which is the higher, spiritual aspect of yourself, and combine it with the physical aspect, you’ll find that your ability to create will increase. People who love to learn, to improve their inner minds will obviously have greater advantage over those who don’t. The more you incorporate the inner aspect of yourself, the greater advantage you will have.


Those people who excel with the law of attraction understand that part that is hidden, and that part which communicates through the psychic self is far more powerful, and can guide you and take you to higher realms.

One way to increase your entire power to create is by using the power of your dreams combined with the law of attraction. Follow your nightly dreams, as they will help you in develop your psychic abilities, and improving your use of the law of attraction.

The 11 Forgotten Laws Of Attraction By Bob Proctor (The Secret) and Mary Morrisey

Internet research will show that this is a controversial topic. Many say that more weight was put into the commercialization of the video, therefore giving it a shorter run-time to hold the attention of the masses. There are also those who may believe that The Secret was simply the first installment in a series, meant to wet the appetite. This may in fact be true.

The The Law of Attraction have been in place not only since the film: The Secret was released, but since the beginning of time and man themselves. After all, laws are laws, and they exist always, whether we acknowledge them or not. There is a lot of material to cover, between the metaphysical, and the physical, and just one session won’t cover it.

The 11 Forgotten Laws is different. What Bob Proctor (The Secret) and Mary Morrisey have put together are universal laws that have been around since man first walked upon the Earth.


You may have already heard of one or two of them, but in the day-to-day bustle of life, they have been stored away in the recesses of your memory. When you hear the definition and meaning of each law, it’s a head slapping experience because the truth of them is self-evident. Let’s take a look at the list.


By looking at the list, perhaps some of the truth of theUniversal Laws is coming back to your consciousness. Sometimes in life, we need to give ourselves a checkup from the neck up. The 11 Forgotten Laws will help you do just that. It will change your way of thinking, and once you change your way of thinking to a more positive aspect, good things will happen for you.

Nature and Future of international law

Its Origin- The term international law was first coined by Jeremy Bantham in 1780. It is synonymous with the law of nations.

Larance- The rules which determine the conduct of the general body of civilized States in theirmutual dealings.

Larance did not consider the individual role in international law he consider only the mutual dealing rules of civilized states.


Oppenhelim- law of nations or international law is the name for the body of customary and conventional rules which are considered legally binding by civilized states in their intercourse with each other.


A-     Omission of International organization–  it is generally recognized that not only states but international organizations, have rights and duties under international law, even though they may not have all rights and duties which state have.

B-     Civilized State- there are state which has not been considered as a civilized state but they are the part of international law for example China.

C-     Omission of General rule of law- it is generally considered that international law not only consist the customary and conventional rules but also the general principle  of law. A/c to Art 38 of the international court of justice- General Principles of Law recognized by civilized states as the third source of international law.

D-    Static definition- international law is the body of rule now stands changed as static and inadequate, like all other law international law is a living law and dynamic in nature.

Though Oppenheim, lather change his definition of international law and included –

International law is the body of rules which are legally binding on states in their intercourse which each other. These rules are primarily those which govern the relation of states, but sates are not only subjects of international law. International organization and to some extent, also individuals may be subjects of rights conferred and duties imposed by international law.

J.L Briely- The law of nations or international law may be defined as the body of rules and principles of action which are binding upon civilized states in their relations with on another.

Torsten Gihl- the term international law means the body of rules of law which apply within the international community or society of states.

Kelson- body of rules which regulate the conduct of the states in their intercourse with another.

Soviet definition and approach to international law

The norms regulating relations between the states in the process of their struggle and co-operation, expressing the will of the rulings class.

Criticism- the soviet approach more towards  the international personality than the states.

Chinese Definitions and approach to international law.

International law like all other branches of law, is created in determinate stage of mankind social development.

In china international law regarded as a legal  instrument in the service of foreign policy.

This approach also criticize because they also not regarded international organization and individuals as subjects like the soviet. But china now has taken completely U turn and join the WTO.

IL a positive Morality or Weak Law-

Starke has expressed the view that IL is a weak law.

Holland has remarked IL is the vanishing point of jurisprudence, because its followed by courtesy and hence it could not be kept in the category of law.

Some jurisprudents opine that the IL is only the bundle of moral principles and the states are not bound to follow them strictly, and IL is a mere positive morality.

Austin- IL is not a true law, but a code of rules of conduct of moral force only.

HLA Hart– also consider that IL is a mere morality, because there is no element exist which law requires like

  • It has not binding force on states.
  • It is not back by the Sanctions.

IL is a weak law

Strong Law

No superior political authority.

The development of international organization proved to be the legal organ of IL for example UN organ help to focus attention upon the need for mutual observance of the rules.


No legislation machinery

The constitution instruments of the international organization represent an advanced stage of the development of international law. It has introduced a quasi-legislative element in the law making process at the expense of contractual element, facilitating a quicker response to the problems of international social order.

Lack of sanctions.

It has the sanctions power- Common law of England is the true example of it. The constitution of united state of America provides sanction to international law, as it part of their law. Further the charter of United Nations proclaims sanctions behind it.

Lack of enforcement power or effective executive authority

For example Art 21 of the constitution of WHO bind its member states to undertake the obligation to take action relative to the acceptance of the conventions.

Lack of judiciary mechanism.

International Court of Justice. And under the Art 59 of ICJ its decisions are binding upon the parties to a disputes.

Importance of International law-

International law in one shape or another has existed in almost all climes and ages. It is true that conception of a family or one world was foreign to the ancient world, but nevertheless nations came into contact with one another and as a result of the contact there sprang up international trade, rules regarding the declaration and conduct of war, treaties and diplomatic privileges..

To grow economically, politically, and technologically state has to interact with each other.

Traditional IL and new IL- the independence of the nations is one of the corner stones of the new law of nations. The traditional IL was envisaged as a law governing the relations of sovereign states with each other. And the new international law not only the states but also considering the international organization, and to some extant the individual have the rights and duties towards IL.The development of league of nations was a great landmark for this new development which culminated in the establishment of the united nations.

Ancient Interne national law.

The history of international law can be seen in ancient history as well, in Ramayana, Mahabharat, and Bhagwat geet . the rule of governing war, peace and neutrality based on Dharma. They attached the due importance to the inviolability of a duta or ambassador.

The elaborated form of International law the government and foreign affairs  can be seen in Kautilya Arthashatra and Nitishatra of Kamandka,

Oppenheim- Observes that Greeks left to history the example that independent sovereign State can live in a community which provides a law for  the national relations of the member States provided that there exist some common interest and aims which bind these state together.

Romans- also advocated the importance of international law.

Crisis/ Challenge in IL.

Rapid scientific and technological progress.- this brought the crisis in IL, this crisis is nothing more than a tension between the needs of stability and the demand of change. The new demands of the new countries did not mean total rejection of traditional legal system but merely readjustment of the old law to the new conditions.

In times of rapid political economic, and technological changes, the development of law both within and among states tends to lag behind, its content becomes unstable and uncertain, and its effectiveness is minimized.

The braking of Soviet Union- crisis of world power.

Nuclear war.

Environment degradation.


Suggestion for improving IL-

  • ICJ should be compulsory jurisdiction.
  • International criminal court should be established.
  • IL should be codified.
  • Enforcement machinery should be strengthened.
  • International bureau of investigation and prosecution should be established.
  • UN charter should be amended and it authorized to intervene in domestic jurisdiction.

Conclusion- it is the body of rules which regulates the conduct and relations of the members of international community. The contention that state alone are subject of international law is not only inconsistent with the changing character of international law but has become completely obsolete and inadequate. And it is not static but like a all living law. We can not ignored the importance of IL, by saying that it is a weak law, because municipal law operates in centralized manner and IL operates in decentralized manner.

International Law And Municipal Law: The Interface


It is the nature of man to live in communities.  He lives in this fashion in every part of the world today, and the evidence of history and pre-history shows how long he has been doing so.  But then it must be noted that where people live together conflict is bound to arise due to various conflicting interests among the people.  Also, bearing in mind that everybody tries to work hard, obtains basic needs and all other things which help to make life happy and comfortable which are incidentally in short supply, since the supply is always in short in proportion to the demand, competition for them sets in.  It is a race in which we all engage, and in every race or game there must be rules and regulations. Else, we are moving towards the ‘state of nature’ as enunciated by Hobbes.  Therefore, the existence of rules and regulations (law) becomes a sine qua non to the peaceful co-existence of people and nations all over the world.

This chapter therefore, attempts a critical examination of International and Municipal laws.  The chapter is divided into three parts.  Part one which is the introduction provides theoretical background for the work.  In it, clarifications of some concepts that are germane to the study are done.  It also looks briefly at purposes and characteristics of law.   Part two compares vividly international law and municipal law looking at the debate on the relationship between the two using the contending theories.  Part three, which is the concluding aspect, presents a complementary nature of international law and municipal law, thereby viewing both laws as real, irrespective of their peculiarities.


Understanding the Concepts

Since conceptual clarification is a form of intellectual ritual that gives clarity and validity to any discussion, it is therefore necessary to explain concepts that are germane to this study for the purpose of deeper understanding.

The Concept of Law

There have been various definitions of law by different scholars across the global intellectual communities.  These definitions exist, ranging from the philosophical to the practical, Plato called law social control; William Blackstone (1977) sees law as rule, specifying what was right and what was wrong.  For the purpose of this study, law is viewed as a body of rules that establish a certain level of social conduct, or duties that members of the society honour (Davidson, 1998:3).

Law simply means an arrangement that coordinates and confines people’s behaviours to conform to an agreed general ways of human conduct in a given society, with a threat of sanctions against defiant behaviours. Inferred from the above definitions is the need to obey the law. This is because disobedience may attract sanctions that may result in imprisonment, fine or death, depending on the nature of offence. Law may also be defined as a body of rules or regulations governing the conduct of human beings in their social regulations.

The Concept of Municipal Law

Municipal law is the internal law of the state, binding on the citizens of the state.  It is defined as the domestic law of a state regulating the conduct of individuals and legal entities within it (Aguda, 1999).  It is national or internal law of a state.  Shaw sees municipal law as law that governs the domestic aspects of government and deals with issues between individuals and the administrative apparatus (Shaw, 1997:105).

The Concept of International Law

It is an indisputable fact that international law is a victim of definitional pluralism; this is because many scholarly definitions have been given to it by various scholars of repute from different perspectives.  Some of these definitions will be explored for the purpose of this study.

Khan et al (1968) defines it as a ‘body of rules, laws, and norms, which serves to limit the sovereignty of state in the international society.  Oppenheim (1995) sees it as the ‘body of customary and treaty rules which are considered legally binding by states, in their intercourse with each other.’  Jessup (1968) presents it as the body of laws, which is applicable to states in their relations and to individuals in their relations to other states.  In the same vein,  Kolawole (1997, 278) defines international law or what he calls the ‘law of nations’ as the body of rules and principles of action which are binding upon civilised states in their relations with one another.  International law is the law at the international level made by the collective will of states and to lesser degree organisation and individuals (Shaw, 1997, 105).  In essence, international law is a body of generally accepted principles and rules regulating or controlling the conduct of states, individuals and international organisations for the purpose of peaceful coexistence in the international plane.

Dimensions of International Law

            The scope of international law can be categorised into six broad items, namely: one, the law of peace, which seeks the peaceful settlement of international disputes.  Two, the law of war, since conflict is an inevitable outcome of human and states relations, conducts of hostilities, must conform with laid-down regulations in terms of types of military wares and ammunition to be used, and stages of their utilisation, targets and non targets of attack, areas of combat, treatment of civilians, journalists and prisoners of war and refuges; and the duties of humanitarian agencies such as the Red-Cross otherwise called ‘doctor without borders’. Three, the law of neutrality, international law forbids aggression on neutral states in war.  It also spells out reciprocal responsibilities for neutral states.  Law forbids them to render any form of assistance whatever military or civil to any of the parties engaged in hostility.  Four, mercantile laws, which relate to regulations on international trade, foreign investment and multi-lateral trade agreements by states. 

Five, is the law of the sea.  The sea is very vital to the world economy as it provides varied marine food and mineral resources. It serves as a means of international transportation, and it serves as strategic resource for national defence.  For these reasons, nations have fought wars over marine resources.  Consequently, activities of states in the sea need to be regulated in order to present inter-state disputes.  Six, convention on the use of outer spaces.  The law regulates the exploration and launching of objects into outer space (Ajayi, 2000).

Characteristics and Purposes of Law

The inherent nature of human beings is their unpredictability in terms of behavioural conduct. States, groups and international organisations, like individuals who constitute membership of these social formations, suffer from this innate problem.  Therefore, for law to really serve its purposes, a competent and constituted body that has recognised authority must make such law.  It must also be ultimately enforceable; any law that cannot be enforced is no law.  It must also be dynamic because society in which it operates is dynamic.  Law should also be consensual.  International law is one of consensus rather than one of force.  Even in the national society laws are only laws when one consents to it.  It might be out of fear of reprisal or coercion.

Law generally serves the following purposes in any society.  Law regulates conduct, maintains peace, and provides protection and means of achieving justice.

Specifically, law serves as a tool of order; as a tool order, it promotes order within the national and international society.  There is no denying the fact that a comprehensive set of rules, regulations, obligations, rights, legal doctrines and decisions of national and international tribunals on legal matters does help to promote international order.  Law regulates the behaviour of the citizenry.  Without law, society would have been disorganised and become ungovernable (Kolawole, 1997).

A scholar have identified the functions of international law, which include minimising frictions between and among states, stabilising the behaviour of states, facilitating cooperation between and among states, protecting individuals, settling disputes and serving as a tool of public relations and propaganda (Adeniran, 1983).

International law also serves as an instrument of national policy.  It contributes to a nation’s means of attaining its objectives in foreign policy.  It also serves as integrative force, in the world community, since no state can live in isolation, it atomised the entire states and people of the world into one whole as they are all subjects of the law without prejudice to race, colour or class (Ajayi, 2000).

Comparing International Law and Municipal Law

The relationship between international law and municipal law is full of theoretical problems.  The international legal literature on the subject records two main principal theories involved in the debate.  But it is to be noted that this part does not necessarily distinguish or differentiate international law from municipal law or give one primacy over the other, but rather, justifies the existence of both laws as laws in the real sense of it.  Although, some of the arguments put forward by different schools of thought to explain the relationship between the two laws will be explored for theoretical explanation and academic consumption.

The dualist or pluralist school of thought assumes that international law and municipal law are two separate legal systems, which exist independently of each other (Malanczuk, 1997, 63-71).  Dualism stresses that the rules of the systems of international and municipal laws exist separately and cannot purport to have effect on, or overrule the other.  This according to the school is because of the fundamentally different legal structure employed on one hand by the state, and on the other hand as between states (Malanczuk, 1997).

The dualist position is accepted by the posivists like Triepel and Anzillot.  Triepel maintains that international law must be incorporated into the municipal law, because the subject of state is the individual whereas the subject of international law is abstract entity known as the state.  Since subjects are not the same, there has to be a transformation from one to the other, i.e. international law has to be transformed into the state law before it can be applied to individuals.  This process is also called ‘Transformation theory’.  The claim of Triepel as regards state as only subject of international law can no longer be sacrosanct due to dynamism in law.  In the contemporary international law, individuals are seen as subject but with limited capacity. 


The 1945 Nuremberg Trial made individuals subject of international law; there was also Angola Trial, etc.  Anzilloti (1967) talks of the conditioning of the two laws.  In his opinionated view, state laws are imperatival and hence it has to be obeyed, whereas international law is in the nature of promises; it is therefore necessary to transform a promise into command before it becomes applicable in the municipal law.  The position also is not sacrosanct, in the sense that law is not necessarily command, people obey the law when they consent to it and often times people obey because of the possible gains that can be acquired.

The second school of thought known as Monist, has a unitary perception of the law and understands both international law and municipal law as forming part of one and the same legal order.  The most radical version of the Monist approach was formulated by Kelsen, in his view, ‘the ultimate source of validity of all law’, is derived from a basic rule of international law. 

Kelsen theory implies that all rules of international law were supreme over municipal law, that a municipal law inconsistent with international law was automatically null and void and that rules of international law were directly applicable in the domestic spheres of state.  Kelsen’s view was on formalistic logical grounds.  They opposed strict division of the two laws as demonstrated by the dualists and accept the unitary view of law as a whole.  Kelsen utilises the philosophy of Kant as its basis.

Law is regarded as constituting an order which lays down patterns of behaviour that ought to be followed, coupled with the provision for sanctions, which are employed once an illegal act or course of conduct has occurred or been embarked upon.  Since the same definition implies both within internal sphere and international sphere, a logical unity is forged. Since states own their legal relationship to the roles of international law, and since states cannot be equal before the law without a rule to that effect, it follows that international law is superior to or more basic than municipal law. 

Kelsen emphasises the unity of the entire legal order upon the basis of the predominance of international law by declaring that it is the basic norm of the international legal order, which is the ultimate reason of validity of the national legal orders too (Kelsen, 1997).

Lauterpacht in his contribution uphold a strong ethical position with deep concern for human right.  He sees the primary function of law as concerned with the well-being of individuals and advocates the supremacy of international law as the best method of attaining this.

Interestingly, Article 27 of the Vienna Convention on the law of treaties states that: a party may not invoke the provisions of its internal laws as justification for its failure to carry out an international agreement.  However, expression on the supremacy on the international law over municipal law in international tribunals does not mean that the provisions of domestic legislation are either irrelevant or necessary.  On the contrary, the role of international legal rules is vital to the working of the international legal machine.

One of the ways that is possible to understand and discover a state’s legal position on a variety of topic important to international law is by examining the municipal laws.  A country will express its opinion on such vital international matter at the extent of its territorial sea or the justification it claims or the conditions for the acquisition of nationality through the medium of its domestic law making.  Thus, it is quite often that in the course of deciding a case before it, an international court will feel the necessity to make a study of relevant pieces of municipal legislation.  The rules of municipal law can be utilised as evidences of compliance or non-compliance with international obligations (Shaw, 1997).

Complementary Nature of International Law and Municipal Law

International law does not entirely ignore municipal law.  For example, municipal law may be used as evidence of international custom or of general principles of law, which are both sources of international law.  Moreover, international law leaves certain questions to be decided by the municipal law (Akhurst, 1977).

Harmonisation theory succinctly provides an answer to the true relationship of the two laws by asserting that:

The starting point in the legal order is that man lives not in one jurisdiction, but in both.  International law and municipal law are concordant bodies of doctrine, autonomous but harmonious in their aim of basic human good.  When faced with an actual problem, a municipal court applies the rules operative within its jurisdiction and may in fact, apply international law to the exclusion of municipal law, or vice-versa (Aguda, 1993: 32).

A treaty or other rule of international law imposes an obligation on states to enact a particular rule as part of their own municipal law.  Similarly, there is a general duty for states to bring domestic law into conformity with obligation under international law either through transformation, incorporation, adoption or reception, e.g. treaties ratified in accordance with the constitution automatically become part of the municipal law of the USA.  In Britain, the traditional rule is that customary international law automatically forms part of English law (Akhurst, 1977).

In a case before a municipal court, a rule of international law may be brought forward as a defence to a charge.  For example, a vessel may be prosecuted for being in what the domestic terms is regarded as territorial waters, but in international law, it would be treated as part of the high seas.

Okeke (1986:6) puts it in this manner:

…as states grow in their international outlook, and as they participate in either the creation of new rules of international law or in the re-definition of the already existing ones, it must be borne in mind that the world is now advancing on the principle of interdependence and mutual cooperation.  The age of holding tenaciously to the principle of absolute sovereignty is far gone.  Indeed, a state by taking laws to be in conformity with international law is a legitimate exercise of the sovereignty of such a state.

Okeke’s position stresses the dynamism in law and the society, when the law operates and the need for global intercourse of nation for global benefits; and such interaction must be regulated with law both at national and international levels so as to have peaceful and ordered world.

Okeke in his analysis cited a section each from the constitution of Germany and the United States of America to affirm the interconnectedness of international and municipal laws. The constitution of the Federal Republic of Germany provides:


            The general rules of public international law are an integral

             part of the federal law. They shall take precedence over the

            laws and shall directly create rights and duties for the inhabitants

             of the federal territory (Okeke, 1986).

In the same manner, the American constitution also provides:

            The constitution and the laws of the United States, which shall

             be made in pursuance thereof, and all treaties made, or which

             shall be the supreme law of the land, and the judges in every state

             shall be bound thereby, and everything in the constitution or laws

             of any state to the contrary notwithstanding.

In addition, the rule of the municipal law can be utilised as evidences of compliance or non-compliance with international obligations, e.g. the issue of respect of fundamental human rights.  Though, in some countries the law will sometimes fail to reflect the correct rule of international law, but this does not necessarily mean that states will be breaking international law.

Source of International law

The sources of international law can be divided into following categories:

  1. International conventions.
  2. International customs.
  3. General principles of law recognized by the civilized states.
  4. Decisions of judicial or arbitral tribunals and judicial works.
  5. Decisions or determinations of international organizations.

Article 38 of International Court of Justice (ICJ) recognized the following sources for IL:

  1. 1. International conventions.
  2. 2. International customs.
  3. 3. General principles of law recognized by the civilized states.
  4. 4. Decisions of judicial or arbitral tribunals and judicial works.

International conventions- Art 38 of ICJ consider it as the first source of IL. A/c to Hudson Conventions is used in a general and inclusive sense. It would seem to apply to any –treaty, agreement, and protocol. A convention may be general either because the numbers of parties or character of it or it may be particular which deals with specific parties.


Whenever an international tribunal decides any disputes between any states, it first seeks whether there is any treaty between the parties if there is a treaty between the parties the tribunals is bound to follow the rules laid down by the respective treaty. As schwarzenberger rightly describe the treaty – treaty are agreement between subjects of international law creating a binding obligations in international law.

Reference can be made by Art 26 of Vienna Convention on the law of treaty which applies the rule of Pacta Sunta Servanda – means treaty is the binding force upon the party and it must be performed by them in a good faith.

Protocol is the supplement of treaty, it use as a modification of treaty.

Vienna Convention on the law of Treaties –

It is of two kinds

  1. Law making treaties.- this type of treaties perform the same functions in the international field as legislation does in the State files. it can again be divided into two types-
    1. I.            Treaties enunciating rules of International law- example UN charter.
    2. II.            International treaties which lay down general principle.- example Geneva Conventions on the law of sea, and Vienna Convention on the Law of Treaties.
    3. Treaty contract. In this treaty two or more State are entered into contract sort of thing. And these treaties are binding on the parties.
  1. International Customs.- it is the oldest and the original source, of international as well as of law in general. Customary rule are the rules which have been developed in a long process of historical development.  The customs arose from the natural principles of justice and public utility. The sanction of the custom means the people of the nations accepted it. And it deserved the sanction of law also. As Salmond rightly said- customs is to society and law is to sate. Art 38(b) of ICJ recognizes custom as evidence of general practice accepted by law.

In order to understand the meaning of custom we have to understand the meaning of usages. Usage is in fact is the early stage of custom. In other words those habits which are often repeated by the States. –Satrk- where a custom begins where usages ends.. usage is an international habit of action that has yet not received full legal attestation. It is not necessary that usages always become the custom.

Ingredients of Customs-

  1. 1. Long duration.
  2. 2. Uniformity.
  3. 3. Generality of practice.
  4. 4. Acceptance of law.
  1. 4. General principle of law recognized by civilized state. Means those rules which we find repeated in much the same from in the developed systems of law, either because they have a common origin as in Roman law or because they express a necessary response to certain basic needs of human associations.

International court has recognized the general principle of law such as- good faith, responsibility, prescription, res judicata etc.

  1. 5. Decisions of Judicial or Arbitral Tribunals and Justice Works-

ICJ decisions- it is the main international judicial tribunal, but it is to be noted that its decisions are not binding nature. Art 59 of ICJ says that-  no binding force except between the parties and in respect of that particular case.

Jurist Work- although juristic works cannot be treated as an independent source of international law yet the view of the jurist may help in the development of law.

  1. International organizations- such as WTO,WHO etc.
  1. Other source of International Law-
    1. I.            International comity – the mutual relation of states are based on the principle of comity, when a state behaves in a particular way with other states, the later have also to behave in the same way.
    2. II.            State paper- when one state send letters to each other for mutual interests. These letters are sometimes published. A study of these letters sometimes revelas that certain principles are repeatedly followed by states in their mutual intercourse.

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 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?


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? 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.

Short Notes for Law Students taking Public International Law


Art. 38(1) (a) ICJ Statute: In deciding disputes regarding international law, the court shall refer tointernational covenants [treaties]…

Definition of treaty


Refer Art. 2 of VCLT


1) Treaty must have international character

The treaty is to be concluded by an international legal person who has capacity to enter into treaty.

Who is an international legal person who can conclude treaties?

a)      States (Art 6 VCLT), which includes Head of States, Head of Gov, and Minister of Foreign Affairs (refer to Art 7 VCLT)

b)      International organization (in Anglo-Iranian Oil Company case, ICJ held that contract between the company and Iranian government was not a treaty because there is no privity of contract.

2) In written form

Oral form of agreement is also acceptable (Eastern Greenland case)

3) Governed by international law

International law governs all treaties whether or not they are within the scope of VCLT

4) Embodied in single or 2 instruments

Treaties may be several forms:

a)      Conventions

b)      Agreements

c)       Protocols

d)      Charter

e)      Exchange of notes

There are less formal agreements such as exchange of notes (letters). States may send letters to each other and agree on certain things. If the letters intended to be a treaty, it is customary toexpressly state that it shall constitute an agreement between our Governments.

In the case of Qatar and Bahrain, exchange of notes that was done by parties conferred jurisdiction to ICJ to hear the dispute.

5) There is an intention to create legal relation

This element is not expressly mentioned in Art 2 VCLT. But, it is very important because without intention, an instrument will not be a treaty.

What are the effects of Unilateral Statements (only 1 party enter into treaty)?

If the state made such declaration with intention to be bound, a state may be bound by such unilateral statement.

In Legal Status of Eastern Greenland case, Norway made unilateral statement that it won’t create difficulties in respect of Danish’s claim over Eastern Greenland. ICJ held that Norway is bound by this unilateral statement.

This was confirmed again by ICJ in Nuclear Test cases.


The methods of giving consent are provided under Art 11 – 16 VCLT


Refer to Art 19 – 23 VCLT.

If the Treaty allows reservation, then can reserve. But, if do not allow, cannot.

Art 120 Rome Statute: No reservation may be made to the statute of ICC.

What if there are no provisions stating about reservation in that Treaty? Are states not allowed to make reservation?

ICJ in the case of Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide answered this question. If there are no provisions stating about reservation, it does not automatically mean that you cannot reserve. But, you need to look at the purpose of the Treaty. Your reservation cannot defeat the purpose and object of the Treaty, otherwise, you are not a party to the Treaty.


A treaty does not enter into force until certain number of States ratified it. For example, Art 308 of UNCLOS provides:

“This convention shall enter into force 12 months after the date of deposit of the 16th ratification


Every treaty needs to be registered with UN, ~refer to Art 102 UN Charter & Art 80 VCLT


A) Upon its Parties

Art 26 VCLT: every treaty in force is binding upon its parties and must be performed in good faith

Art 27 VCLT: a party may not invoke the provision of internal law as justification for its failure to perform a treaty

B) Successive Treaties on the same subject matter

Art 30 VLCT: If there are 2 same treaties concluded on the same matter, the one concluded later will prevail.

However, if the provision of an ordinary treaty is in conflict with UN Charter, Art 30 VCLT & Art 103 UN Charter provides that UN Charter prevails.

C) Application of a Treaty upon 3rd States

Art 34 VCLT: 3rd party states are not bound by the Treaty without its consent.

However, Art 35-38 VCLT states that there are exceptions where 3rd party states may be bound.


There are several grounds which a Treaty may be invalid:

a) Violation of fundamental domestic law (Art 46 VCLT)

A state may invoke Art 46 if:

  1. the violated internal law was related to competence to conclude Treaty

(The person who ratified the Treaty was not capable of doing it.)

  1. the violation was manifest and other party must be aware of it
  2. the violation concerned a rule of fundamental importance

b) Error (Art 48 VCLT)

That State may have erred in entering the Treaty due to some misunderstanding. However, error does not make the Treaty automatically void. The mistaken party may invoke the error as invalidating its consent.

c) Fraud Art 49 VCLT

d)Corruption Art 50 VCLT

e)Coercion Art 51 VCLT

f) Coercion by threat or use of force Art 52

Art 2 (4) UN Charter provides use of force is prohibited. Force means ‘military force’.

g) Treaty conflicting with jus cogens, e.g.

  1. A treaty allowing an unlawful use of force
  2. A treaty which allow parties to commit crimes under International law
  3. A treaty which allows genocide, piracy or slavery


~refer to Art 54-60 VCLT

A Treaty may be terminated automatically by 3 ways:

a) Art 61 VCLT –supervening impossibility of performance

b) Art 62 VCLT – there is a fundamental change of circumstances

c) Art 64 VCLT – emergence of a new jus cogens.


Refer Art 69 – 71 VCLT



A state may incur liability if it violate a rule of customary international law or ignore its obligation under a treaty.

However, to make a state responsible, Art 2 of Draft Articles (DA) put 2 requirements:


State cannot act on its own. State Organs shall represent the State in any matters.

Art 4 DA provides that the conduct of any state organ shall be considered an act of that state under international law whether the organ exercises legislative, executive or judiciary function. An organ includes any person or entity.

Conduct in Art 4 DA means action or omission. E.g.:

Diplomatic and Consular Staff case: Iran was responsible because of omission to act when it should have done so.

Corfu Channel case: Albanian was responsible because it should have known about presence of mines in its territorial waters and failed to inform the 3rd state about it.

a) Wrongful conduct of judiciary attributable to the state

Judicial organ can be the cause of state responsibility because of ‘denial of justice’.

Janes Claim case: Mexico failed to arrest and punish an offender which caused death to an American citizen. ICJ held that this is ‘a denial of justice’ and Mexico should be liable.

b) Wrongful conduct of the executive attributable to the state

e.g. conduct of police, army, gov officers

Massey claim case: a US citizen who was working in Mexico was killed. Mexican authority failed to punish the offender. Mexico is liable and should pay damages to US.

Does the state be responsible if wrongful conduct committed by its organ when off duty?

No. A state would only be attributable to such wrongful conduct when it is committed on duty. If committed off duty, it cannot be attributable to the State.

Mallen case: A consul has been attacked by American police officer 2 times. 1st attack was when he was off duty. 2nd attack he showed his badge to assert his official capacity. US was responsible for the 2nd attack.

A state may also be liable for de facto State organs i.e. public corporations or private company performing element of governmental authority

SEDCO case: there was a seizure of vehicle. The claimant argued that a state owned company took it. However, argument was rejected because there was no proof to show that government directed it to be seized.

Foremost Tehran Inc v Iran case: Iranian company did not pay dividends to shareholders. The conduct was attributable to Iran because it had been influenced by Government representatives on the board of directors.

Ultra vires conduct cannot be a defense to exclude state responsibility


Refer Art 7 DA

US v Mexico: Mexican soldiers ignored their orders and attacked on a house where Americans was seeking refuge. It was held Mexico liable.

Conduct of private persons may be attributable to State in 2 circumstances if [Art 8 DA]:

a) It was carried out on instructions of the State

b) It was under direction or control of State

However, what is the degree of control that State need to exercise over the persons?


i) According to Nicaragua case, Stateneeds to exercise effective control. Control by State is effective when, for example:

  1. State finances the persons
  2. State coordinates the conduct of such persons
  3. State issued specific instruction to such persons

ii) According to Prosecutor v Tadic, State only need to exercise overall control. State does not necessarily need issue instructions concerning each specific action.


Art 12 DA: A State is in breach of its obligation when any act of the State does not conform to its obligation.

DEFENCES [Art 20-27 DA)

a)      Consent [Art 20 DA]

b)      self-defense [Art 21 DA]

c)       countermeasures [Art 22 DA]

d)      force majeure [Art 23 DA]

There must be unforeseen circumstances to perform the obligation.

Rainbow Warrior: New Zealand argued that French breached its obligation because French failed to seek consent of NZ before removing NZ’s soldiers from the island. French said that NZ soldiers were sick and need medical attention, so it was a force majeure. It was held that this situation does not suffice to amount to force majeure.

e)      Distress [Art 24 DA]

f)       Necessity [Art 25 DA]


Every state has the right to protect its nationals. However, it is up to the state whether to take up the claim or not.

Nottebohm: a state’s right to extend diplomatic protection to its individual is not unlimited.

However, according to Art 1 of Hague Convention, there must be a genuine link between the State and the national.

Nottebohm case:

Mr. N was born in Germany & had German nationality until his naturalisation with Liechtenstein. Later he went to Guatemala and resided & conducts business there. L sued GU for unlawfully expelled and seized property of Mr N who had been neutralised by L. Court said that for the claim to succeed, a genuine link between L and Mr N must be proven.

Court said that for a genuine link to exist, there must be dominant nationality. Here, Mr. N’s link with L is not dominant.


Art 44 (b) DA: responsibility of a state cannot be invoked if local remedies still available.

This principle was confirmed in ELSI case and Interhandel Case.

However, there is no need to exhaust all local remedies in the following situations:

  1. The remedies are ineffective in municipal law
  2. Remedies in municipal law are futile
  3. There are already judicial precedents, which will be followed in your case & does not favour you
  4. There has been an unreasonable delay
  5. Local processes are biased against the individual
  6. The injury is to the state itself
  7. The local remedies requirement has been waived



General treaty for law of the sea is UNCLOS.

The sea consists of several zones:


It is an area of the sea that is near to coast.

Art 2 UNCLOS: Coastal state can exercise sovereignty over its territorial sea.

Art 3: The limit of territorial sea extends up to 12 nautical miles measured from baselines.

What is baseline?

It refers to the starting place to calculate the breadth of territorial waters and other zones.

There are 2 types of baselines:

a) Normal baseline [Art 5]

b) Straight baseline [Art 7]

Does the coastal State have rights over its territorial sea?

Yes. This was agreed by Art 2 and Nicaragua case. The rights of coastal State include:

  1. Right to fish & exploit resources from seabed
  2. Right to enjoy air space above its territorial waters
  3. Right to transport goods and passengers
  4. Right to conduct marine research

Although coastal State have rights, it has to give right of innocent passage through its territorial sea.

Art 17: Ships of all states shall enjoy right of innocent passage.

Innocent passage means navigation through the territorial area for the purpose of proceeding to other internal waters.

Art 19: passage is not innocent if it causes prejudice to peace or security of coastal state.

When foreign ships pass territorial waters, it must abide by the coastal state’s municipal law. If municipal law is breached, it shall be tried under that municipal law.

PP v Narogne: Thai fishermen were on a vessel which was then at sea about 3 miles off the Malaysian coast. There were fishing equipment on board the vessel. They were arrested by Malaysian Naval Authority for breaching its national laws. It was held that the passage by fishermen was not innocent passage.

The coastal state has civil jurisdiction [Art 28] and criminal jurisdiction [Art 27] over ships in passage of its territorial waters.

However, warships, naval vessels and government operated for non-commercial purposes are immune from any interference from coastal state [Art 32]. If it causes damage to coastal state during its passage, the flag State (passer-by ship) shall bear international responsibility.


It is a sea zone which does not extend 24 nautical miles.

A coastal state may exercise the control over its contiguous zone. Refer Art 33


It is the ocean area beyond territorial sea and out to 200 nautical miles. EEZ is also defined in Art 55.

The coastal state can exercise its rights over its EEZ. Such rights are laid down in Art 56, 60, 61 and 62.

[Art 73]: Coastal state may enforce jurisdiction over foreign ships including arresting and bringing them to national courts to ensure compliance with its national laws.

Rights and Duties of other states in the EEZ of a Coastal state are stated under Art 58, 88 – 115, 246 of UNCLOS

[Art 246]: Scientific research cannot be carried out by other states in a coastal State’s EEZ. That right is reserved for that coastal state.


Refer to Art 76-85 UNCLOS


Art 86 defines high seas as all parts of sea except internal waters, territorial sea and EEZ.

It is open to all States and free for enjoyment of all. Refer to Art 87-97 UNCLOS for rights of States in the high seas.

According to Lotus case, vessels on high seas are subject to no authority except that of the flag state.

The crime of piracy is prohibited and now recognized as international crime. Refer to Art 100-110 UNCLOS for details.

The right of hot pursuit [Art 111 UNCLOS]

This right is designed to prevent a foreign ship that has violated laws of a coastal state to avoid arrest by escaping to high seas.

Hot pursuit can start in any sea zones in that coastal state & can extend to high seas.

Are there limitations for this right?

Yes. There are 2 limitations:

1. Hot pursuit is limited once the foreign ship entered territorial waters of a 3rd coastal state / other states.

2. Hot pursuit should not cause sinking of ships. According to Art 293 UNCLOS, use of force should be avoided. But if need to use force, it should be reasonable only to effect boarding, searching seizing and bringing the suspected ship into port.

In I’m Alone case, a British ship named I’m Alone smuggled prohibited liquor into US. When I’m Alone was chased, it fled to high seas. US pursued and fired at it. The I’m Alone ship sunk and caused loss of 1 crew. It was held that US coast guard may use reasonable force but intentional sinking is not allowed.

Red Crusader case also held that direct firing of solid shot to the Red crusader exceeded the legitimate use of armed force.

Art 111 (4) UNCLOS: jurisdiction of a coastal state may be extended. if boats from a mother ship acted illegally within a zone while mother ship is lying outside the zone, coastal state may exercise jurisdiction on that mother ship.

International Law Firm Ince & Co Promotes Nine New Partners

The new Ince & Co partners are:

Hong Kong

  • Gary Wong


  • Clare Kempkens
  • Jamila Khan
  • Matthew Moore
  • Kijong Nam


  • Alexandre Besnard


  • Wai Yue Loh
  • Vincent Xu


  • Tricia Tong

The new partners specialise in the following areas:

Gary Wong Ince & Co - Gary Wong– Gary advises on a diverse range of asset and project transactions including sale and purchase, ship finance, offshore and onshore corporate work, joint ventures, acquisitions and regulatory work, operating leases, finance lease securitisation, sale and lease back and subleasing transactions. He is qualified as a solicitor in both England and Wales and Hong Kong (based in Hong Kong).

Clare Kempkens Ince & Co - Clare Kempkens– Clare specalises in energy & offshore in particular advising clients on drilling contracts, management and engineering contracts, charterparties, construction contracts, EPIC contracts, MOUs and associated insurance cover. She also advises on the resolution of large disputes particularly the design, engineering and construction of FPSOs and other offshore units (based in London).

Jamila Khan Ince & Co - Jamila Khan– Jamila advises clients in the shipping and international trade industriesin a range of matters, including charterparty claims, the sale, supply and carriage of goods,ship building contracts and sale of second hand tonnage (based in London).

Matthew MooreInce & Co - Matthew Moore – Matthew’s practice is primarily related to maritime casualty work. He handles a broad range of admiralty matters including collision, stranding, fire, salvage and wreck removal cases. He deals with dry issues arising under charterparties and bills of lading, including protecting clients’ rights in relation to jurisdiction.Matthew also advises on casualty related marine insurance issues (based in London).

Kijong Nam Ince & Co - Kijong Nam– Kijong specialises in maritime, shipbuilding and offshore energy matters, as well as general commercial dispute resolution. He advises on newbuilding, offshore projects, energy and charterparty contracts and disputes in these areas (based in London).

Alexandre Besnard Ince & Co - Alexandre Besnard– Alexandre is dual qualified as an Avocat at the Paris Bar and an English solicitor. His practice is focused on international trade, shipping, energy, construction, engineering and insurance. He advises clients in litigation, arbitration and non contentious/advisory matters (based in Paris).


Wai Yue Loh Ince & Co - Wai-Yue Loh– Wai Yue’s core practice areas are shipping, trade and insurance. He regularly advises ship owners, charterers, bunker and commodities traders and their insurers on ship arrests, charterparties, bills of lading, international trade disputes, shipbuilding disputes and marine insurance matters. He is admitted as a solicitor in England & Wales, Hong Kong (non-practising) and as an advocate & solicitor in Singapore (non-practising) (based in Shanghai).

Vincent Xu Ince & Co - Vincent Xu– Vincent has extensive experience in both non-contentious and contentious matters and handles all aspects of general shipping, trade and commercial disputes. He has a strong focus on shipbuilding, ship and project finance and general corporate matters. He is qualified in Hong Kong and the PRC (based in Shanghai).

Tricia Tong Ince & Co Tricia Tong– Tricia advises clients in the shipping and energy and offshore sectors on a range of contentious and non-contentious matters including vessel collisions, salvage, charterparties, drafting and reviewing rig and ship building, conversion and construction contracts, and other commercial disputes including those arising out of the operations of offshore installations, as well as sale and purchase and related transactions. Tricia is qualified as an advocate and solicitor in the Supreme Court of the Republic of Singapore and as a Solicitor in England and Wales (based in Singapore).

Ince & Co Senior Partner, James Wilson, commented: “I am delighted to welcome these lawyers to the partnership. As a group, they bring an exciting cross section of skills and geographical focus. Each of our new partners has been with the firm for a number of years and all demonstrate the deep legal expertise, commitment and industry knowledge that our clients expect from Ince & Co. These promotions, from across our global network, not only reflect our continuing commitment to the firm’s key areas of business but also strengthen our international capabilities.”

In addition to the nine new partners promoted on 1 May, two partner appointments were made in Ince & Co’s Hamburg office effective 1 January 2011, they were Georg Lehmann and Tim Schommer.

The Ince network includes offices in Dubai, Hamburg, Hong Kong, Le Havre, London, Paris, Piraeus, Shanghai and Singapore. 

The firm’s lawyers practise English, French, German, Greek, Hong Kong and PRC law and Singaporean law in arbitrations.

Lawyers in the firm advise in seven core business areas: Aviation; Business & Finance; Commercial Disputes; Energy & Offshore; Insurance & Reinsurance; International Trade and Shipping. 

The teams regularly use knowledge of one sector to advise clients in another.

International Humanitarian Law

International Humanitarian Law

What is International Humanitarian law?

Fact sheet providing a summary description of the sources, content and field of application of international humanitarian law.

    • International humanitarian law is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. International humanitarian law is also known as the law of war or the law of armed conflict.
    • International humanitarian law is part of international law, which is the body of rules governing relations between States. International law is contained in agreements between States – treaties or conventions – in customary rules, which consist of State practice considered by them as legally binding, and in general principles.
    • International humanitarian law applies to armed conflicts. It does not regulate whether a State may actually use force; this is governed by an important, but distinct, part of international law set out in the United Nations Charter.

Where did International Humanitarian Law originate?

International humanitarian law is rooted in the rules of ancient civilizations and religions – warfare has always been subject to certain principles and customs.

Universal codification of international humanitarian law began in the nineteenth century. Since then, States have agreed to a series of practical rules, based on the bitter experience of modern warfare. These rules strike a careful balance between humanitarian concerns and the military requirements of States. As the international community has grown, an increasing number of States have contributed to the development of those rules. International humanitarian law forms today a universal body of law.

Historical Convergence between International Humanitarian Law and the Laws of War

For most of the 20th century, international humanitarian law or the “Law of Geneva” was distinguished from the “Law of The Hague” or the Laws of War proper. The Law of The Hague “determines the rights and duties of belligerents in the conduct of operations and limits the choice of means in doing harm.” In particular, it concerns itself with the definition of combatants, establishes rules relating to the means and methods of warfare, and examines the issue of military objectives.

At the same time, the Law of Geneva, which focuses mainly on human beings as victims of war, is directly inspired by the principle of humanity. It relates to those who are not participating in the conflict as well as military personnel hors de combat. It provides the legal basis for protection and humanitarian assistance carried out by impartial humanitarian organizations such as the International Committee of the Red Cross. This focus can be found in the Geneva Conventions.

With the adoption of the 1977 Protocols to the Geneva Conventions, the two strains of law began to converge. Already before, articles focusing on humanity could be found in the Law of The Hague (i.e. the protection of certain prisoners of war and civilians in occupied territories) articles which were later incorporated into the Law of Geneva in 1929 and 1949). However the Protocols of 1977 relating to the protection of victims in both international and internal conflict not only incorporated aspects of both the Law of The Hague and the Law of Geneva, but also important human rights aspects.

Where is International Humanitarian Law to be found?

A major part of international humanitarian law is contained in the four Geneva Conventions of 1949.Nearly every State in the world has agreed to be bound by them. The Conventions have been developed and supplemented by two further

agreements: the Additional Protocols of 1977 relating to the protection of victims of armed conflicts. Other agreements prohibit the useof certain weapons and militarytactics and protect certaincategories of people and goods.

These agreements include:

Ø the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict, plus its two protocols;

Ø the 1972 Biological Weapons Convention;

Ø the 1980 Conventional Weapons Convention and its five protocols;

Ø the 1993 Chemical Weapons Convention;

Ø the 1997 Ottawa Convention on anti-personnel mines;

Ø the 2000 Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. Many provisions international humanitarian law are now accepted as customary law – that is, a general rules by which all States are bound.

When does International Humanitarian Law apply?

International humanitarian law applies only to armed conflict; it does not cover internal tensions or disturbances such as isolated acts of violence. The law applies only once a conflict has begun, and then equally to all sides regardless of who started the fighting. International humanitarian law distinguishes between international and non-international armed conflict.

International armed conflicts are those in which at least two States are involved. They are subject to a wide range of rules, including those set out in the four Geneva Conventions andAdditional Protocol I.

Non-international armed conflicts are those restricted to the territory ofa single State, involving eitherregular armed forces fighting groupsof armed dissidents, or armedgroups fighting each other. A morelimited range of rules apply to internal armed conflicts and are laiddown in Article 3 common to the fourGeneva Conventions as well as inAdditional Protocol II. It is important to differentiatebetween international humanitarianlaw and human rights law. While


some of their rules are similar, these two bodies of law have developed separately and are contained in different treaties. In particular, human rights law– unlike international humanitarian law –applies in peacetime, and many of its provisions may be suspended during an armed conflict.

What does International Humanitarian Law cover?

International humanitarian law covers two areas:

Ø the protection of those who are not, or no longer, taking part in fighting;

Ø restrictions on the means of warfare – in particular weapons– and the methods of warfare, such as military tactics.

Basic rules of International Humanitarian Law

Persons hors de combat and those not taking part in hostilities shall be protected and treated humanely.

It is forbidden to kill or injure an enemy who surrenders or who is hors de combat.

The wounded and sick shall be cared for and protected by the party to the conflict which has them in its power. The emblem of the red cross or the red crescent must be respected as the sign of protection.

Captured combatants and civilians must be protected against acts of violence and reprisals. They shall have the right to correspond with their families and to receive relief.

No one shall be subjected to torture, corporal punishment or cruel or degrading treatment.

Parties to a conflict and members of their armed forces do not have an unlimited choice of methods and means of warfare.

Parties to a conflict shall at all times distinguish between the civilian population and combatants. Attacks shall be directed solely against military objectives.

What is “protection”?

International humanitarian law protects those who do not take part in the fighting, such as civilians and medical and religious military personnel. It also protects those who have ceased to take part, such as wounded, shipwrecked and sick combatants, and prisoners of war. These categories of person are entitled to respect for their lives and for their physical and mental integrity. They also enjoy legal guarantees. They must be protected and treated humanely in all circumstances, with no adverse distinction. More specifically: it is forbidden to kill or wound an enemy who surrenders or is unable to fight; the sick and wounded must be collected and cared for by the party in whose power they find themselves. Medical personnel, supplies, hospitals and ambulances must all be protected. There are also detailed rules governing the conditions of detention for prisoners of war and the way in which civilians are to be treated when under the authority of an enemy power. This includes the provision of food, shelter and medical care, and the right to exchange messages with their families. The law sets out a number of clearly recognizable symbols which can be used to identify protected people, places and objects. The main emblems are the Red Cross, the red crescent and the symbols identifying cultural property and civil defense facilities.

What restrictions are there on weapons and tactics?

International humanitarian law prohibits all means and methods of warfare which:

Ø fail to discriminate between those taking part in the fighting and those, such as civilians, who are not, the purpose being to protect the civilian population, individual civilians and civilian property;

Ø cause superfluous injury or unnecessary suffering;

Ø cause severe or long-term damage to the environment. Humanitarian law has therefore banned the use of many weapons, including exploding bullets, chemical and biological weapons, blinding laser weapons and anti-personnel mines.

Is International Humanitarian Law actually complied with?

Sadly, there are countless examples of violation of international humanitarian law. Increasingly, the victims of war are civilians. However, there are important cases where international humanitarian law has made a difference in protecting civilians, prisoners, the sick and the wounded, and in restricting the use of barbaric weapons. Given that this body of law applies during times of extreme violence, implementing the law will always be a matter of great difficulty. That said, striving for effective compliance remains as urgent as ever.

What should be done to implement the law?

Measures must be taken to ensure respect for international humanitarian law. States have an obligation to teach its rules to their armed forces and the general public. They must prevent violations or punish them if these nevertheless occur. In particular, they must enact laws to punish the most serious violations of the Geneva Conventions and Additional Protocols, which are regarded as war crimes. The States must also pass laws protecting the Red Cross and Red Crescent emblems. Measures have also been taken at an international level: tribunals have been created to punish acts committed in two recent conflicts (the former Yugoslavia and Rwanda). An international criminal court, with the responsibility of repressing inter alia war crimes, was created by the 1998 Rome Statute. Whether as individuals or through governments and various organizations, we can all make an important contribution to compliance with international humanitarian law.

Relationship/conflict between national law and international law

The relationship between international and national law is one of the most fascinating, inconsistent, and complex issues that could come up in the context of the application of international law. It is constantly assumed that there is unavoidably some level of friction or contention between the spheres of international and national law. A number of critics argue that national law follows international law in the hierarchy of legal rules since international law legalizes the existence of a state. Conversely, others argue that international law does not have the maturity that enables it to take over and this is manifest in the existence of the state sovereignty and the need for the endorsement and integration of international treaties by the constitutional institutes in each state to stamp it as valid.

The legal standing of international laws within nations differs considerably. For instance, their level of significance with respect to the rules of national law is very different.  In some cases, national solutions are founded on the Constitution itself (e.g. France, Spain, the Netherlands, Portugal, Greece) while in others cases they have emerged from practice and particularly from the case-law of the higher courts (Italy, Belgium, Luxembourg, Switzerland).

International Law is the law that governs the affairs of sovereign independent States amongst themselves. National law is the law of a State or country and in that respect is opposed to International Law which comprises regulations which developed States regard as binding upon them in their mutual relations.National law regulates the conduct of individuals while International law regulates the behavior of States. National law is concerned with the domestic affairs of the State whereas International Law is concerned with the external affairs of the State (its foreign relations).


There is a variance of opinion on the question as to whether International Law and National Law on the different national laws can be said to form an accord being manifestations of a single notion of law or whether International Law comprises an independent system of law fundamentally different from the National Law. The former theory is referred to as monistic while the latter is referred to as dualistic.

Monist and Dualist Theories

Monistic Theory assumes that the national and international legal systems as fundamentally the same. Both national legal regulations and international regulations that a state has accepted, for instance by way of a treaty, determine whether an action is lawful or unlawful. In most monist countries, there is a difference between international law in the form of treaties, and other international law. International law does not have to be translated into national law. The act of endorsing the international law instantly integrates the law into national law. International law can be applied directly by a national judge, and can be cited directly by citizens, just as if it were national law. A judge can pronounce a national statute invalid if it is in contradiction with international regulations because, in some countries, the latter have priority. In other countries, like in Germany, treaties have a similar effect as legislation, and by the principle of lex posterior, only take precedence over national law enacted before their endorsement.In its most pure form, monism dictates that national law that is in contradiction with international law is null and void, even if it existed before international law, and even if it is the constitution. From a human rights viewpoint, for instance, this has some benefits. Suppose a state has accepted a human rights treaty but some of its national regulations limit the freedom of the press. A citizen of that state, who is being indicted by his country for breaching this national law, can cite the human rights treaty in a national courtroom and can request the judge to apply this treaty and to declare that the national law is null and void. The accused does not have to wait for national law that translates international law.


Dualistic theory emphasizes the difference between national and international law, and obliges the translation of the latter into the former. The absence of this translation implies that international law does not exist as law. International law also has to be national law, or it is not a law by any means. If a country accepts a treaty but does not adjust its national law so as to conform to the treaty or does not make up a national law overtly incorporating the treaty, then it contravenes international law. Nevertheless, it cannot be alleged that the treaty has become part of national law. The international law cannot be relied on by citizens and it cannot be applied by judges. National laws that are in contradiction with it remain operational. According to dualists, state judges never apply international law unless it has been translated into national law. If international law cannot be directly applied, like in dualist systems, then it has to be translated into national law, and national law that is in contradiction with international law must be translated away.It has to be amended or purged so as to conform to international law. From a human rights perspective, if a human rights treaty is accepted simply for political motives, and states have no intention of fully translating it into national law, then the enactment of the treaty is very tentative.

The Implications Of Conflict Of Laws Upon International Trade And Transactions And As Observed From A Malaysian Context – An Overview










With regards to the overall scope and issues explained, the following are the matters which are concerned:

a)      The issues which have been researched are:

i)                    The areas of the law concerning international trade and transactions where conflict of laws is apparent. The areas of focus are predominantly the laws of the WTO, the laws of the CISG, intellectual property laws as well as the laws governing international commercial arbitration and from the Malaysian context, the areas researched are conflict of laws in relation to bills of lading, conflict of laws from the perspective of intellectual property laws and the impact of the Competition Act 2010 and the conflict of laws in relation to the Arbitration Act 2005;

ii)                  The manner in which these conflicts arise;

iii)                Whether these conflicts are capable of resolution and if not, the manner of dealing with these conflicts of laws issues.


b)     The main findings which have emerged are:

i)                    For the most part in most of the areas of law which have formed the subject of analysis of the conflicts of laws debate in this thesis, the matter of the conflict of laws is apparent for the fact of the nature of the disputes which have appeared  before adjudicating bodies which are of an international nature concerning cross border disputes;

ii)                  In certain scenarios, the distinct laws of separate legal instruments, legal jurisdictions etc. contain methods by which the process of adjudication is able to bypass addressing the matter of conflict of laws by adopting an alternative manner of adjudication wherein this method is inherent within the applicable laws;

iii)                There are many aides available in the form of internationally accepted rules and principles as well as established doctrines to guide in the process of determining the applicable laws where a situation of conflict of laws has arisen;

iv)                The difficult and perpetual debate which confronts adjudicators is the determination of the proper laws of the contract. The establishment of this lies at the heart of the conflicts of laws debate;

v)                  An issue of some degree of sensitivity whenever a situation concerning the conflicts of laws arises is to fairly and on the basis of merit uphold the autonomy of the laws of a certain jurisdiction in prevalence over another;

vi)                The cultural differences between different legal systems dictate that it would be challenging to formulate a uniform set of laws which can be internationally accepted by all jurisdictions governing all areas of the law concerning international trade and transactions;

vii)              The individual biases and prejudices of the adjudicators themselves can greatly influence the verdict in matters concerning the conflict of laws.


c)      The practical implications or recommendations and for whom:

i)                    The fact that conflict of laws will increasingly become a feature of international trade and transactions with regards to the adjudication process with regards to the settlement of disputes of a cross border nature is inevitable;

ii)                  In time, more sophisticated methods of adjudication as well as doctrines and approaches would likely evolve to tackle the issue of the conflict of laws which it is envisaged will become increasingly complex corresponding with the significance and volume of international trade and transactions in a more modern world;

iii)                It is incumbent that adjudicators are aware of these practical implications as the task of adjudication falls upon them;

iv)                It is also imperative that parties entering into international contracts are fully aware at the time of entering into those contracts, the fact that in the event of a dispute, the matter of conflict of laws may be engaged towards the resolution of the dispute.




    1. Research Background
    2. Aims And Objectives Of The Research
    3. Structure And Style Of The Topic of Discussion
    4. Methodology
    5. Methods For Data Analysis






  • A Simplistic / Layman Understanding Of Conflict Of Laws


  • The Proper Law Of The Contract Explained – Putting The Horse Before The Cart


  • Is There An Incumbent Need For A Particular Legal System As Applicable Law?


  • The Crucial Element Of The Binding Effect Of A Contract And Its Relation To The Proper Law





  • Conflict Of Laws Arising From The Overlap Between RTAs and the WTO


  • RTAs Defined


  • When Do Conflicts Of Law Arise?


  • Some Suggestions Of Possible Methods Adopted For Resolution Where Conflicts Of Laws Are Apparent





  • Some Introductory Background On The CISG


  • The Conflict Of Laws Within The CISG



  • A Brief Introduction On The Nature And Function Of Bills Of Lading In General
  • The Bill Of Lading As Seen As A Multi-Function Instrument In The Facilitation Of Sea Trade
  • The Historical Roots Of The Bill Of Lading Leading To Its Recognition As A Document Of Title
  • The Bill Of Lading Operating As A Document Of Title In The Modern Context : Order And Straight Bills / Negotiable And Non-Negotiable Instruments Distinguished
  • The Nature Of The Transaction As Being An Impediment To The Transferring Of The Rights Of Suit Under A Negotiable Bill Of Lading – The Privity Of Contract Issue
  • The Legal Conundrum Associated With The Transferring Of The Rights Of Suit Under A Negotiable Bill Of Lading Finally Resolved By Statute – The Carriage Of Goods By Sea Act 1992
  • The Conflict Of Laws And The Difficulty In Identifying The Statute Of Mandatory Application – Whether Domestic Law Or International Convention Prevails
  • The Intricacies Of The Application Of The Conflict Of Laws Theories To The Matter Of Rights Of Suit Under Bills Of Lading Explored
  • An Exercise In Semantics – The Process Of Classification And Characterisation
  • The Types Of Characterization Explored And Analyzed In Greater Detail – Getting To The Crux Of Conflict Of Laws Theories And Its Application To The Determination Of Rights Of Suit Under The Bills Of Lading

A)     The Determination Of The Proper Parties To A Suit

B)     The Manner In Which Contractual Rights May Be Effectively Transferred Under The Bill Of Lading

C)     The Transferring Of Rights Perceived As A Contractual Matter Under The Bill Of Lading

  • Wrap Up And Concluding Remarks On The Matter Of Conflict Of Laws Pertaining To Rights Of Suit Under Bills Of Lading



  • Intellectual Property As Defined By The World Intellectual Property Organization (WIPO)
  • Introductory Explanation For The Conflict Of Laws Arising In The Field Of Intellectual Property
  • Issues Of Conflict Of Laws And The Battle Against Jurisdiction
  • The Ground Rules That Apply In Matters Involving The Conflict Of Laws
  • Some Cases That Reflect The Application Of The Basic Rule
  • Wrap Up Commentary On The Conflict Of Laws As Observed And Noted In The Field Of Intellectual Property Generally



  • A Brief Introduction To The Concept And Meaning Of International Commercial Arbitration
  • Some Fundamentals About The Arbitral Process And Its Relation To The Conflict Of Laws
  • The Various Doctrines Applicable To Arbitration And Some Fundamental Principles Of Application
    • The Distinct Methods By Which Conflict Of Laws Issues Are Tackled in ICA
    • Conflict Of Laws Analyzed From The Perspective Of Substantive Laws And Procedural Rules As Well As Law
    • The Notion Of The Principle Of Direct Choice : An Autonomous Choice And Exercise Of Discretion By Arbitrators In The Choice Of Applicable Conflict Of Laws Rules In The Modern Context
    • Wrap Up Comments On The Implications Of Conflict Of Laws Norms From The Perspective Of International Commercial Arbitration



  • General Introductory Remarks
  • The Malaysian Conundrum Pertaining To The Conflicts Of Laws As Apparent Under Bills Of Lading
  • The Emergence Of New Legislation In Malaysia And Its Impact Upon Intellectual Property Laws From The Perspective Of Conflict Of Laws In International Trade And Transactions
  • The Conflict Of Laws and The Malaysian Arbitration Act 2005 – Some Unresolved Matters



  • Introductory Outline
  • Ø The General Applicable Concepts Pertaining To The Conflict Of Laws In The Context Of International Trade And Transactions
  • Ø The Engagement Of Concepts Pertaining To The Choice Of Law From The Perspective Of International Trade And Transactions
  • Ø The Traditional Approach
  • Ø The Principle Of ‘Renvoi’
  • Ø The Principle of ‘Forum Non Conveniens’
  • Ø Overview, Comments And Analysis Of The Various Doctrines Implicit In The Application Of Conflict Of Laws Norms In Relation To International Trade And Transactions



  • A Concise Introduction
  • Findings Of Thesis
  • Ø The Implications Of Conflict Of Laws Norms From The Perspective Of The Dispute Resolution Process Of The RTAs And The WTO
  • Ø The Implications Of Conflict Of Laws Within The CISG
  • Ø The Implications Of Conflict Of Laws Norms From The Perspective Of The Transferring Of Rights Of Suit Under Bills Of Lading
  • Ø The Implications Of Conflict Of Laws As Seen From The Perspective Of Intellectual Property Generally From The Standpoint Of Litigation
  • Ø The Implications Of Conflict Of Laws Norms From The Perspective Of International Commercial Arbitration
  • Ø General Overview Of The Implications Of Conflict Of Laws Norms In Relation To International Trade And Transactions
  • Ø General Overview Of The Implications Of Conflict Of Laws Norms From The Malaysian Context In Relation To Aspects Of International Trade And Transactions Concerning Bills Of Lading
  • Ø General Overview Of The Implications Of The Conflict Of Laws Upon Intellectual Property Rights From A Malaysian Context As Compared To The International Level
  • Ø General Overview Of The Implications Of The Conflict Of Laws Upon The Malaysian Arbitration Act 2005 And The Implications Of This Legislation Upon International Commercial Arbitration










            The background for the research in relation to this topic was the subject of conflict of laws and its application to international trade and transactions as well as from a Malaysian context. Most of the material for the research was sourced from the internet and comprised articles written by legal practitioners and legal scholars on the specific areas researched. These were precise areas pertaining to the subject matter written such as the conflict of laws in relation to bills of lading, the conflict of laws in relation to the law of the WTO, the conflict of laws in relation to international commercial arbitration etc..




This, ‘The Implications of Conflict of Laws Upon International Trade and Transactions and As Observed From A Malaysian Context – An Overview’ would predominantly be approached from the perspective of doctrinal study wherein the definition of conflict of laws would first be addressed at the outset. Hence, the very essence of conflict of laws would first be explored in detail and once a sound basis for this has been established, only thereafter would the discussion proceed further to explore its implications upon international trade and transactions from various economic and trade perspectives and after having done the same, the discussion will focus upon the conflict of laws as observed from a Malaysian context. Discussions on the implications of conflict of laws upon international trade and transactions will be addressed when discussing its relevance and application in relation to the CISG, WTO, Alternative Dispute Resolution, Intellectual Property, Bills of Lading as a type of shipping document utilized in international trade amongst other areas of the law deemed relevant for discussion and analysis. When broaching the subject matter from a Malaysian perspective, the above-stated areas would be covered with the exception of the CISG. The topic of discussion aims to identify the many areas of the law concerning international trade and transactions and from the Malaysian context where conflict of laws is apparent, the manner in which these conflicts arise, whether these conflicts are capable of resolution and if not, the manner of dealing with these conflicts of laws issues. The fact of conflict of laws itself may perhaps be viewed to connote some degree of controversy in the sense that there is a certain degree of uncertainty involved in the process of evaluating the implications of such conflicts in the laws. It is essentially the fact of this inherent uncertainty that would perhaps encourage analysis and personal opinion about the state of the law as it is whilst contemplating future advancements as having further impact upon these current conflicts in the applicable law.




On the matter of the structure of the topic of discussion, the discussion will include an introduction to the selected topic, its main theoretical framework, definition of core concepts and clear research hypothesis, coherent presentation of results in line with academic standards and naturally, a conclusion. The discussion will comply with the formatting requirements, compulsory style / structure of the dissertation and the required content in the stipulated sequence.

It is proposed that with regards to the style of preparing the discussion, whilst adhering to the proposed format, the discussion would be prepared in a systematic manner wherein the law and ideas would be neatly introduced and discussed. There would be a smooth flow of the same wherein the ideas although distinct, would be linked wherever this would be possible and thereby evidencing familiarity and connectivity which would have the potential of engaging the interest of the readers.


Upon presenting each idea or area of the law and discussing the same, it is aimed that analysis of each area would be embarked upon. This, it is opined, would be a more interesting and engaging style of writing and presenting the information clearly, concisely and coherently.


Whilst it is aimed to write in a simple and easily comprehensible style, where the subject matter appears to be technical in nature, requiring detailed analysis, it is proposed that the intention would be to convey the level of difficulty without over simplifying so as to retain appreciation of the essence of the technical difficulty.


To simplify the task of presenting the material, chapter headings and sub-headings will be used.


It is proposed that a creative style of writing will be used as the idea is for the topic of discussion to be informative as well as very importantly interesting and thought provoking.


  1. 4.      METHODOLOGY


On the matter of the methodology to be adopted in the course of preparing the topic of discussion, the general approach would be such that some basic explanation and introduction to the topic would be necessary at the outset. Hence, an explanation of the meaning of conflict of laws and as to when this may arise would seem to be fundamental as an introduction to the topic as the bulk of discussion would be naturally focused upon this meaning and definition in the first place. In preparing this introduction, current material would be researched from the internet by using key words to specifically search for the relevant information. There would naturally have been articles written by academic scholars, students, academicians, practicing solicitors etc. which may be obtained from online journals or via a search conducted on Google. Part of the material provided by the lecturers during lectures on the specific modules may also be used to the extent where this is relevant.




The data presented has been analyzed in the manner where a brief introduction to each topic or subject matter has been made followed by factual details of the subject matter and brief comments inserted in the course thereof and finally an analysis of the entire subject matter based upon the facts presented. The data has been analyzed in such a manner that comments have been made on the facts presented as well as personal opinions on the subject matter based upon observation of trends, perceptions supported by justifications as well as anticipated findings. Comparisons have been drawn between the application of conflict of laws to the subject matter discussed from a Malaysian context and that as applied on an international front. Factors such as cultural norms, differences in legal systems, the manner of conducting trade etc. have been presented as distinguishing features in the manner in which the conflict of laws have been applied in the Malaysian context as compared to the international level.




It is incumbent that the topic of discussion also include the theoretical background of the issues researched, definition of the core concepts as well as where applicable, evidence of existing research carried out to date in a similar area. In this part of the topic of discussion, the books and materials used to conduct the research would be listed down. Hence, this would afford an opportunity to list materials that had provided the background on the topic researched or which contained research carried out previously which is sought to be used in the topic of discussion. It would also allow exhibition on the manner in which the research connects to previous academic studies and perhaps draw a comparison of the difference in the methods employed by other researchers.

The various forms of literature sourced in the preparation of this topic of discussion are as follow:

1)      Articles by legal practitioners and academic scholars which had been sourced through Google on the internet;

2)      Articles on the subject matter researched, sourced from online journals;

3)      General information on the subject matter as well as definitions sourced from the Web;

4)      Case law and analysis

In the course of researching the material used for the preparation of this topic of discussion, it was discovered that there were articles written by authors on each subject matter singularly and that there were no articles sighted which had tackled the subject matter comprehensively in the precise manner of this thesis thereby conveying a comprehensive analysis of the topic. Hence, it is surmised that the value of the topic of discussion is seen from this perspective as a first attempt to tackle various related subject matter on the topic comprehensively in a consolidated manner.





What is the notion of conflict of laws? From a very base or elementary perspective, the simple or literal language conveys the meaning of a situation where perhaps what may be deemed to be relevant laws are in conflict or at odds with each other hence resulting in a ‘conflict’ situation of determining the issue of applicability of these conflicting laws i.e. which is to prevail or perhaps the extent to which each would be applicable where two or more laws may be seen to be relevant and applicable.



Hence, in essence what may be established is the fact that choice of law is at the heart of or central to the debate pertaining to conflict of laws (which in some jurisdictions is referred to as private international law).[1] In attempts to put the horse before the cart i.e. following the proper order of explanation leading up to attempting to define the conflict of laws, having stressed the importance of choice of law, it thus becomes incumbent to first analyze the doctrine of the “proper law” or “applicable law of the contract”. It may be stated confidently that it is implicit in any contract that a particular system of law or structure of rules or principles would govern its various aspects.[2] To English common law and to legal systems predominantly premised upon English law, the expression customarily used is “the proper law of the contract”.[3] However, in a vast number of other jurisdictions, the expressions “governing law” or “applicable law” are seen to be more commonly used.[4] The formal expression “the proper law of the contract” had been defined by Lord Wilberforce in the Amin Rasheed Corporation case,[5] as being “the law which governs the contract and the parties’ obligations under it; the law which determines normally its validity and legality, its construction and effect, and the conditions of its discharge.”[6] In a nutshell, the proper law may be stated to encompass the predominant although not necessarily all the legal issues that may arise under a contract; these aspects being the validity and interpretation of the contract, the rights and obligations of the parties to it and the consequences arising from a breach of the contract.[7] The author R. Brown in his written work entitled “Choice of Law Provisions in Concessions and Related Contracts” had the following to state with reference to the relationship between the notion of “proper law” and contract when he stated, “A contract is the creature of its proper law, and it is a reference by the parties to a system of law which is to give life to the contract.”[8] Hence, by this expression it may be noted that a system of law is expressed to breathe life into the autonomous agreement between the parties, being the contract itself.



In efforts to explore a probable answer to this question, one looks towards the proverbial postulation which may be seen in the following statements made by Lord Diplock:

“The purpose of entering into a contract being to create legal rights and obligations between the parties to it, interpretation of the contract involves determining what are the legal rights and obligations to which the words used in it give rise. This is not possible except by reference to the system of law by which the legal consequences that follow from the use of those words is to be ascertained.

Contracts are incapable of existing in a legal vacuum. They are mere pieces of paper devoid of all legal effect unless they were made by reference to some system of private law which the obligations assumed by the parties to the contract by their use of particular forms of words and prescribes the remedies enforceable in a court of justice for failure to perform any of those obligations.”[9]

Hence from the above cited postulation by the learned judge, it may be deduced that whilst the terms of the agreement between contracting parties would remain within the autonomous control of the stated parties, however, the enforceability of those terms and the determining factor of prevalence in the event of dispute or disagreement between such contracting parties would necessarily require the governance of some deciding authority being that of private law as usually decided upon at the outset by the contracting parties.

The fact that an international contract may be subject to more than one system of law wherein the governing precepts of a contract may possibly be opted from more than one system of law even to the extent of a mixture of laws from both national as well as non-national systems[10] would clearly illustrate the fact of potential conflicts arising on the issue of applicability of such differing laws of various legal systems.



From this perspective, the discussion on the conflict of laws focuses upon the autonomy of the parties in having decided the clauses forming the contract as well as the choice of law governing the said contract and the legal system which would have permitted their choice and necessarily from which its binding force is derived.[11] This point can be implicitly illustrated by the Sole Arbitrator, Professor Dupuy in an arbitral award, the Texaco award when he stated:

“…..unless one were to concede that, in the initial stage where the parties are to choose the applicable law, the relevant contractual stipulation may depend solely on their choice, it is necessary to determine the legal system in which the clause designating the applicable law is found and from which that same clause will draw its binding force.”[12]

Hence, it may be observed that a crucial distinction would need to be drawn between the issue of the law governing the existence and validity of the contract and the more basic or fundamental issue of what is the law which allows the parties or which accords to them the liberty to opt for that law in the first place.[13] The customary view dictates that it is the lex fori,[14] a Latin term denoting the laws of a forum (which is a legal term frequently used in the conflict of laws to refer to the laws of the jurisdiction in which a legal action is brought)[15]and more precisely the conflict of laws of the lex fori which decides upon the proper law of the contract. [16]Hence this translates to the conflict of laws rules of the lex fori allowing the parties to opt for the proper law. It is interesting to note that the liberty of the parties to opt stems from a network of conflict of laws rules[17] referred to by some as a “framework of rules”. Professor Lipstein succinctly describes the relationship between choice of law rules and the binding provisions of the legal system of which they form part of when he states that it would be imperative for an international tribunal to be furnished with an outline of some system of laws.[18] Indeed, this is the framework from which the binding nature of the contract originates.[19] The validity and other consequences arising from the contract are established with reference to the proper or applicable law of such contract.[20]

Some scholars may be inclined to assert the vital importance and predominant role that party autonomy possesses as an underlying principle of the conflict of laws wherein resides the binding nature of the contract as well as the proper or incumbent law of the contract.[21] Indeed, in a simplistic manner, it may be observed that the choice of law lies in party autonomy itself and only thereafter, the resolution by the ascertainment of conflict of laws norms.  Upon careful scrutiny, one may observe that the Texaco award which in essence postulated the theory of internalization of the contract had its decision rooted upon the principle of conflict of laws implicit in the conflict of laws from the point of the choice of law clause inherent in the agreement.[22] Hence, the conflicts of laws rules remain constant on the matter of the ascertainment of the proper law of the contract. Lord McNair has stated this very perceptively when he had stated the following:

“it [private international law or conflict of laws] is adjectival and its duty is to prescribe rules for the guidance of a tribunal in deciding which system of law it should apply for the solution of a question submitted to it that contains a foreign element and with respect to which it has jurisdiction.”[23]

Hence, from the above discussion, it may be surmised that the role of conflict of laws is to lay down rules to guide a forum of adjudication in making a choice as to the specific system of law which is to apply in resolving a question before it which consists of foreign issues / matters wherein it has the jurisdiction to decide upon those matters. Whilst the aim at heart is ultimately to resolve the matters in conflict, this may not always be easy to achieve.


In the preceding chapters, the implications of conflict of laws upon international trade and transactions will be demonstrated from different individual aspects and perspectives from the point of various aspects of international trade and transactions. These norms are especially visible where the foreign element is predominantly prevalent and the manner of conducting business across jurisdictions and borders in the modern present day certainly has had an impact upon the relevancy of addressing the matter of the conflict of laws.





This chapter essentially aims to address the matter of the application and implication of conflict of laws in view of the materialization of the Regional Trade Agreements which have emerged surrounding the deadlock of the DOHA Round negotiations, hence resulting in greater significance of the situation of conflict in the sense of the clash of laws and areas of jurisdiction between WTO tribunals and RTAs.[24] It is interesting to note that in view of the nature of these agreements which have implications and significance from both the regional as well as the multilateral perspectives, it becomes incumbent for the conflicts arising from the overlap of these agreements to be addressed accordingly.[25] The issue of conflicts of laws arises when addressing the RTAs and WTO as a result of the fact that the WTO treaty negotiators had not foreseen the possibility of probable conflicts of jurisdictions with RTAs.[26] The difficulty faced is in essence the fact that there is no rule of precedence in existence giving effect to one set of norms over the other and hence necessitating some possible suggestions as to the manner in which to appropriately adjudicate in situations where these conflicts arise.[27]



Basically, an RTA may be described to be a Free Trade Area (FTA) or a Customs Union.[28] Some examples of regional RTAs are: NAFTA or MERCOSUR.[29] In recent times, there has been a trend of global RTAs seen to be entered into between trading entities of distinct continents, to cite examples: EU-Mexico and EU-Chile.[30] The present discussion will centre upon the conflicts arising between the members of an RTA which are similarly members of the WTO.



The issue of conflict from the perspective of international law, according to scholars such as Kelsen or Jenks, based upon a rather rigid explanation, would arise ‘if a party to two treaties, cannot simultaneously comply with its obligations under both treaties.'[31] This is in accordance to the definition of the WTO Panel on the definition of conflict.[32] The WTO Panel in the matter of Indonesia-Autos was of the view that a conflict may be perceived to have arisen when two norms were “mutually exclusive”.[33] Another example of a conflict situation identified by the WTO Panel may be witnessed in the comments of the WTO Panel in the matter pertaining to EC-Bananas III wherein the WTO Panel had clearly and perceptively illustrated that a conflict would arise in a situation where “a rule in one agreement prohibits what a rule in another agreement explicitly permits.”[34] This case poses as a fine example of a situation of a direct conflict of the rules as opposed to an overlap and hence would require and answer to the tune of which rule would take primacy or precedence and the relevant justification for this.



How would a situation of a direct conflict of law be resolved? This would be the type of scenario that would be similar to the example given by the WTO Panel in the European Communities – Regime for the Importation Sale and Distribution of Bananas III (also known in brief as the EC-Bananas III).[35] To illustrate the manner in which such conflicts may arise, an example is given where a norm in an RTA is less strict and rigid of compliance than a WTO norm.[36] Hence, in such a situation, solely adhering to the WTO provision would undoubtedly tantamount to a violation of the RTA or conversely, an infringement of the WTO provisions would still nevertheless result in compliance with the RTA.[37] In such a situation, what would be the determining factor of compliance? Would it necessarily follow that the stricter norm should be complied with or would one be compelled to return to the roots in deciphering the respective intent of each agreement and in the process thereof formulate a presumption against conflict that seems justifiable of compliance and by doing so, avert the conflict?

In another distinct scenario, one looks at the tricky situation where a specific rule in a specific treaty and an exception to that specific rule as contained in another treaty. The natural manner in which one would endeavour to avoid a conflict between the rules arising would be to avoid exercising the option i.e. it would appear that the presumption against conflict would compel the parties to avert opting to exercise the exception.[38] By doing so, however, this would in effect tantamount to defeating the purpose of the exception which would consequently result in the intention and will of the parties to the agreements being curtailed or vitiated, thus affecting party autonomy of choice.[39] Indeed, if the choice to invoke an exception to a rule can so easily be justifiably bypassed as the rationale to avoid a situation of conflict of laws arising, what would be the point of having an exception to a rule in the first place? Thus, it may be observed that in attempts to avoid a situation of a conflict of laws arising, the compelling and overriding need to achieve a presumption against conflict would result in the imperfect or non-ideal situation where the sovereignty or will of the parties to rely upon the exception would be sacrificed.

An interesting case which illustrates the manner in which the case of a respondent party had been defeated when an exception under certain rules had been invoked to justify the exercise of party sovereignty is seen in the dispute involving Canada and the U.S. in Canada – Certain Measures Concerning Periodicals (referred to in abbreviated form as Canada-Periodicals). In this case, the choice of rules under which the appellant had addressed the complaint had in fact enabled the appellant to secure victory in the matter where the respondent party had declined to invoke the exception under another rule which if it had done so, may have allowed it to prevail in the matter. To briefly narrate the facts and circumstances of the matter, it related to a dispute where decision was in favour of the U.S. when the matter was presented before a WTO Panel and the Appellate Body against Canada in a situation where Canada had violated the national treatment obligation by discriminating against split run periodicals originating from the former.[40] The U.S. was seen to have initiated its complaint via the WTO Dispute Settlement Mechanism in view of the fact that the NAFTA rules caters for a cultural industries exemption between Canada and the U.S. and between Canada and Mexico[41] which allowed and sanctioned the Canadian measure. If the situation had been such that the complaint had been initiated under the NAFTA instead, Canada would have had the right to invoke the exemption and in doing so, they could have prevailed in the matter.[42] The facts were such however that Canada opted not to invoke the NAFTA exception in defence to the complaint by the U.S. and hence, consequently lost the case.[43] The manner in which this matter had been decided, in accordance with the views of legal scholars such as Jenks would be in line with the rigid interpretation of conflict of laws wherein it would have been perceived that no situation of conflict of laws would have arisen as Canada had been at liberty to decline the exercise of the right accorded by virtue of the NAFTA rules and hence, adherence with both the NAFTA and GATT agreements simultaneously.[44] However, one postulates that whilst this perception may be accepted from a certain strict perspective it nevertheless does not detract from the fact that exercise of the exception under a certain rule would have resulted in a situation of conflict of laws and that in this particular instance, the exercise of party autonomy by the defending party prevented such a situation from arising, to its ultimate detriment since it lost the case. In this sense, there is seen to have been a mere avoidance of encountering a conflict of laws situation by the adoption of a specific approach and hence avoiding the complications which could have arisen if there had been an actual conflict of laws situation to adjudicate upon. Under the circumstances, where a conflict of laws situation does arise, it would seem to be a challenging task to reach a solution that would be in the interest of both parties without some element of sacrifice or detriment involved.




The United Nations Convention on Contracts for the Sale of Goods (known as CISG in abbreviated form) or alternatively the Vienna Convention is a treaty created to unify international sales law with as many as currently 80 countries (as of September 2013) having been ratified as signatories to the Convention (a clearly significant portion of the world), hence, rendering the stated Convention as a highly successful instrument of uniform international sales law.[45] The Convention was created by the United Nations Commission on International Trade Law (UNCITRAL) and it had been signed in Vienna in 1980.[46] The Convention came into existence as a multilateral treaty on 1 January 1988. A unique and appealing feature of the CISG is the fact that it enables exporters to deter choice of law matters in the sense that the CISG exemplifies “accepted substantive rules upon which contracting parties, courts and arbitrators may rely.”[47] The legislative success of the CISG is partly attributed to its liberal stance of according to Contracting States the choice or prerogative of being exempted from adherence to particular specified articles.



It is rather ironic to note that although the very heart or purpose of the CISG was aimed at deterring elements of complications and ambiguity resulting from a conflict of laws, nevertheless and yet, these rules of conflict of laws are incumbent in the part played in relation to disputes and matters which the Convention applies to and is concerned with.[48]

The conflict of laws becomes relevant for assessment and consideration within the CISG in instances where the CISG excludes a contract or issue from its ambit hence compelling the adjudicating party to embark upon customary conflicts of laws analysis to establish and identify the governing substantive law.[49] These conflict of laws rules which may be referred to are seen to be accessible from the domestic as well as international arena.[50] In the absence of a contract between the parties, it is customary for the courts to apply the law of the seller’s place of business, however, in a situation where a domestic purchaser initiates suit in a local tribunal against an overseas selling party, a tribunal may very well favour application of the domestic law against that of the foreign seller.[51] To illustrate this point, an example is cited wherein a  contract is seen to be devoid of an effective choice of law clause and a U.S. buyer were to initiate a suit in a U.S, court against a foreign seller for damages originating from a breach of implied warranty, a U.S. court may possibly find that the sales transaction bears acceptable connection to the forum and upon this basis apply the Uniform Commercial Code to matters not falling within the purview of the Convention.[52] Further, there may be elements of for example, public policy involved which may have the effect of influencing a tribunal’s choice of law analysis in favour of the law of the forum which in this particular instance is that of the buyer’s law.[53] Hence, this type of uncertainty in applying the conflict rules may have the effect of startling the foreign seller who may find that unfamiliar laws govern his rights and liabilities.[54]

Even in a situation where a tribunal dictates that a contract and the issues concerned therein are within the substantive ambit of the CISG, the matter may still be nevertheless concerned with conflict of laws issues as explicitly evidenced by Article 7(2) which stipulates the following:

“questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the law applicable by virtue of the rules of private international law.”

Hence, from the statements above it is evident that although the aspirations of the Convention towards achieving a uniform body of autonomous applicable international sales law seems clearly apparent, nevertheless in realizing certain limitations in those aspirations, there has been suggestion of the manner in which the gaps in the Convention are to be addressed i.e. by reference to conflict of laws norms and rules. This has not been stated impliedly but expressly and thus giving clear recognition to the role, significance and importance of such rules to fill in the acknowledged gaps in the Convention and thus supplementing its role. It is thus implicit that a sort of compromise is achieved between the autonomous role of the Convention and the express sanction to resort to general principles and conflict of laws analysis where the gaps require adjudication.

Upon dissecting the wording of Article 7(2) of the Convention, it is apparent that the incumbent task entailed when a dispute is brought forth for adjudication requires a sequence of analysis in a particular order: At the outset, it is crucial to establish those matters falling squarely within the ambit or governance of the CISG but yet are not clearly settled within its jurisdiction; following this, where a matter of this nature exists, it becomes incumbent to embark upon ‘gap filling’ within the Convention itself by falling back upon “the general principles upon which it is based”; in the third instance, only in the event that an adjudicating party is unable to find such general principles, it would then be in order to embark upon an analysis of the conflict of laws to establish the right law in resolution of the matter.[55]

From the above analysis, it would seem that the Convention falls short of full autonomy and in this sense its flexibility is also seen to be correspondingly curtailed in the sense of evolving and adapting to the ever increasing complex demands of trade and commerce in the international arena, thus depleting its rate of success.[56] To illustrate some of the shortcomings of the CISG, one looks to the validity exception wherein the Convention is unconcerned with the issue of validity and hence compelling this matter to be addressed and adjudicated upon by domestic law, taking account of rules of conflict of laws, also known as private international law.[57] This in turn results in non-standard treatment of matters pertaining to validity when addressed under domestic law conflicts and hence the ensuing uncertainty with regards to the expectations of international trading parties.[58] The order in which the Convention ranks priority when gap filling with regards to the application of rules in spheres outside the ambit of the Convention, is to place greatest significance in the first place to domestic rules and only subsequently the contractual autonomy of the parties’.[59] Hence, it may be observed that when adjudicating on the matter of validity, the greater importance placed upon domestic rules overrides the autonomy of the parties.[60]

It would thus seem that owing to the roots of the CISG wherein it had been formed at a period during which cross-border trade and commerce were merely at the stage of infancy, it could not have been possible at that stage to envisage the rapid and complex development of international commerce at the point at which globalization has advanced it in the present day. It is perhaps safe and fair to state that the drafters had probably been confronted with a magnanimous task of having had the burden of formulating a uniform body of sales law for international purpose and acceptance by Member States and although for the most part aimed at autonomy from an international perspective, there would logically and necessarily have been intention on the part of the drafters to allow the adjudicators at a domestic front to adjudicate upon matters that would as a matters of necessity fall within the purview of Member State domestic autonomy, such matters that would fall under such manner of adjudication are unsurprisingly the potentially controversial parts of a contract that would be influenced by elements such as public policy, type of legal system etc. of a particular Member State and hence these matters would consequently entail analysis of conflict of laws for effective settlement. The result at times may seem surprising or even confounding but that is thus anticipated whenever an analysis of conflict of laws becomes incumbent.





From the perspective of commerce on an international front i.e. international trade and transactions, the document which is referred to as a bill of lading is of prime importance and significance. Its importance is seen from a contractual perspective with regards to carriage or transportation of goods by sea and when viewed from the perspective of international trade pertaining to the sale of goods, it is seen to be relevant as documentation to be tendered for financing the sale transaction as well as to secure coverage for transportation insurance.[61]



In the essence of simplicity, the bill of lading may be viewed or perceived as a document which is issued either by or on behalf of a party known as the Carrier of goods by sea voyage to the recipient or party with who a contract has been entered into for the shipment of goods.[62] At the root of the contract lies the promise by the Carrier to transport goods to a destination agreed upon by the parties governed and subject to terms and conditions customarily stipulated upon the reverse side o the bill of lading where delivery would be premised upon the instructions conveyed by the party shipping the goods.[63] For the delivery of the goods, the shipping party will pay to the Carrier the fare known as freight and this is also stipulated upon the bill of lading.[64]

As traditionally acknowledged, the bill of lading is seen to perform three main or predominant functions, being as a receipt for the goods transported by the Carrier; a document evidencing title in the goods and also as a document which evidences or reflects the contract of carriage.[65] Apart from these basic functions, with regards to its contractual nature, it forges a link with third parties (not privy to the contract) wherein it is seen to impose upon these non-contracting parties liabilities arising under the contract as well transferring rights to these non-contracting parties.[66] It is worth noting that the matter pertaining to the conflict of laws implications relates to the aspect of the bill of lading pertaining to it being a documents of title and naturally with this identity, the issue of the transferring of the rights of suit warrants debate and discussion.



The evolvement of the bill of lading as a document of title wherein it had not originally been regarded / treated / identified as such, arose as a result of the progress in the way in which international trade began to be conducted wherein traders stopped the practice of accompanying the voyage of goods at sea with their goods in tow which resulted in a situation wherein there arose potential wherein the goods were shipped prior to the identity of the ultimate recipient being established and this thus necessitated this instrument to possess some element of transferability.[67] Transferability in this regard was seen to be in the form of goods being transferred either from the shipper to the shipper’s assignee or to a third party and the third party’s assignees.[68] This element of transferability in all probability as logically speculated may have evolved as a result of alteration in trade practice wherein the identity of the ultimate consignee was unknown and hence the necessity for the bill of lading to also assume a function whereby it is use in an evidentiary capacity to signify entitlement to the goods by virtue of title in the same on account of the fact that the information as to the identity of the ultimate consignee is neither apparent upon the bill nor the ship’s register.[69]

The modern function of the bill of lading as a document of tile is seen to have early links (as early as the eighteenth century) in the renowned case of Lickbarrow v. Mason.[70] This case signified recognition by the courts of a practice of traders of a transfer of a bill of lading wherein the intention of the shipping party (which may also be liable to be changed from that stated upon the bill of lading) to ship goods to an ultimate consignee (undetermined at the point where the goods are shipped) wherein the instructions stipulated upon the bill of lading are to the following effect, ‘shipped by any person or persons to be delivered to order or assigns'[71] enabled title / proprietary rights in the goods to pass to the ultimate consignee / end recipient of the goods.[72] This proprietary function of the bill of lading as implicitly adjudicated upon in Lickbarrow v. Mason[73] gradually evolved to become a part of English Law in recognition of the changing / modernizing face of international commerce[74], in order to cater to its efficiency in aims to achieve a logical result ultimately whilst preserving the rights of the parties to achieve justifiable outcomes.



There is an incumbent need for the bill of lading to symbolize the goods being transported[75] as a result of the considerable length of sea voyage[76] generally wherein during the course thereof, ownership in the cargo may change. The learned Lord Justice Bowen in the case of Sanders v. Maclean[77] had succinctly described the integral function of the bill of lading when the goods are in transit during a voyage at sea when he stated the following:

A cargo at sea, while in the hands of the carrier, is necessarily incapable of physical delivery. During this period of transit and voyage, the bill of lading by the law merchant is universally recognized as its symbol; and the endorsement and delivery of the bill of lading operates as symbolic delivery of the cargo. Property in the goods passes by such indorsement and delivery of the bill of lading, whenever it is the intention of the parties that the property should pass, just as under similar circumstances the property would pass by an actual delivery of the goods……..It is a key which in the hands of a rightful owner is intended to unlock the door of a warehouse, floating or fixed, in which the goods may chance to be.

From the above perceptive declaration and description of the somewhat virtual function of the bill of lading, it is evident that the intention of the parties with regards to ownership and the passing of the property in the goods as evident by the act of indorsement upon the bill is crucial for certainty and hence, the apparent risks involved in breach of certain rules of compliance and procedure reflects the resulting detriment that may ensue particularly if the cargo is of substantial economic worth. On the issue of the function of a bill of lading as a document of title, the type of bill which functions as such is the one that assumes the form as an ‘order’ bill wherein it is consigned to a specifically identified and named Consignee or to a party to whom the shipper has instructed or ordered delivery or to a party to whom the shipper has assigned such delivery.[78] This form of the bill of lading also identified as being a ‘negotiable’ instrument, the negotiable character or nature implicit in the fact that it is transferable is the central distinguishing feature as compared the other form of the bill of lading known as the ‘straight’ bill of lading or ‘non-negotiable’ instrument wherein it facilitates delivery of the goods to a specifically named consignee. The element of transferability which is the basis of the distinguishing feature between the two types of bills of lading relates to the passing of property or ownership in the goods and thus is seen to be of a proprietary nature.

The proprietary feature incumbent in relation to possession of the ‘negotiable’ type of instrument is evident in the following rights of the holder of the bill wherein the party in possession of such an instrument can make a claim upon the goods at the point when the goods are discharged from the conveying vessel; the party in physical possession of the bill of lading has the right to transfer title in the goods during the voyage or during transit by making an indorsement upon the bill and the instrument is also capable of being treated or utilized as security for a debt.[79] Hence, from the perspective of international trade and transactions, the multi-function quality of a ‘negotiable’ type of bill of lading is seen to be inter-related and hence, in this manner, would facilitate the complex nature of cross border business wherein it is seen to prove useful to the import and export of goods.



The difficulty in the transferring of the rights of suit under a negotiable type of bill of lading is seen to arise as a result of the very nature and complexity of international sea trade.[80] To clearly illustrate this complexity, in a customary international trade transaction involving the shipment of goods by sea carriage, there are usually three parties involved wherein the shipper (normally the party selling the goods) transacts with the Carrier for the carriage of such goods to a specific destination wherein the recipient of the goods, is a third party, the Consignee.[81] Matters begin to become complicated when transactions are entered into whilst the gods are still being transported during the voyage at sea, this manner of trading being a normal feature of international trade as it has evolved into the present day, especially with regards to the shipment of bulk cargo such as corn, wheat, rice, flour etc..[82] This manner of conducting trade would facilitate the resale of goods several times prior to the goods finally reaching an ultimate point of destination (a sort of connected and continuously changing flow of trade)[83] wherein the ultimate Consignee is unable to be ascertained and identified at the initial or inception point of contracting.[84] The nature of transaction is seen to intensify in complexity wherein the ultimate Consignee is not the purchaser of the goods but is instead the party having financed the transaction for instance, a financial institution such as a bank wherein finance was seen to have been provided against a pledge or lien upon the cargo.[85]

Hence, from the above description of the complex manner in which international trade is performed, the impediments arising as a result of the operation of the legal principle of privity of contract become clearly apparent.[86] With reference to the chain of transaction as stated above, the application of the doctrine of privity of contract would effectively bar the Consignee from suing the shipper on the contract of carriage and likewise, the shipper would also not be able to sue the Consignee on the premise that the Consignee was not a party to the contract.[87] Apart from the doctrine of privity, there are several reasons which account for the fact that the law has not evolved to circumvent the problems associated with transferring of rights of suit under the bills of lading.[88] Perhaps one of those reasons is the fact of forseeability i.e. that it would be tough to consider non-proximate Consignees as being a class of third parties to whom the contracting parties (being the shipper and carrier) would have intended to accord benefits of a legal nature.[89] Another reason is the rather curtailed rights of the Consignee with regards to redirection of the goods.[90] Yet another reason is that bills of lading are customarily associated with the transferring of both rights and liabilities, however, naturally with regards to third party recipient of goods, the only concern is in relation to their rights.[91]

Hence, as may be theorized from the discussion above, the operation of the doctrine of privity of contract was incumbent upon the manner in which the bill of lading operated as a negotiable instrument on account of its nature of being a contract of carriage of goods at sea. Yet as a result of the unique and complicated aspects of the manner of conducting international trade and transactions in modern times, the strict application of the doctrine of privity of contract would have resulted in detriment to a third party who although not a party to the contract for the carriage of goods by sea, was nevertheless a sort of beneficiary of the transaction who was quite vulnerable to consequences resulting from the acts of the Carrier or the servants of the Carrier wherein detriment such as damage or loss to the cargo could be sustained but yet, the Consignee would not be able to sue the shipper nor the carrier as the Consignee was not a party to the contract of carriage between the shipper and the Carrier. Hence, arose the need for cleverly drafted statutory intervention to circumnavigate this unfortunate and cumbersome state of affairs where international trade was concerned.

5 Most Influential Law Enforcement People in History

Narrowing down the list of famous law enforcement leaders to the 5 most influential people in law enforcement history is difficult. Many people have influenced law enforcement around the world since the ancient Egyptian and Greek societies. The following men, however, may be 5 of the most recognizably influential people from the recent law enforcement history of the United States:

Eugene Biscailuz: As the 27th Sherriff of Los Angeles County in 1932, Biscailuz was instrumental in a variety of revolutionary changes in California law enforcement that were influential around the nation. He founded the California Highway Patrol among other things.

Bill Bratton: This former New York City Police Commissioner oversaw huge reductions in crime rates in New York City in the 1990s, which many people say Rudi Giuliani took credit for before firing him. Bratton, also a former Boston Police Commissioner, went on to serve as the chief of police for the Los Angeles County Police Department before retiring in 2009.

Daryl Gates: As the Chief of the Los Angeles County Police Department from 1978 to 1992 he was instrumental in a number of important changes such as the founding of DARE (Drug Abuse Resistance Education) and SWAT (Special Weapons and Tactics). He also oversaw the LAPD during a tumultuous time for race relations, especially following the Rodney King incident of 1991.

Theodore Roosevelt: Although most famous as the 26th president of the United States, Teddy Roosevelt was also the president of the New York City Police Commissioners from 1895 to 1897. He turned around a corrupt police force by establishing new disciplinary rules, creating a bicycle squad to tackle traffic problems, standardizing officers’ pistol use, implementing firearm inspections and physical exams and hiring 1,600 new recruits based solely on physical and mental qualifications.

August Vollmer: Known as a leading figure in the development of the United States criminal justice field, Vollmer got his start as the first chief of police of Berkeley, California. After a long career he was appointed president of the International Association of Police Chiefs in 1921.

Women in Law Enforcement

Women in Law Enforcement used to not only be a rarity, but before a group of women in New York City sued for the right to become police officers, it was all but prohibited for a female to become a cop. Things have changed tremendously over the years regarding the attitudes about women in Law Enforcement. Not only are women allowed to be Police Officers, but agencies are actively seeking to hire females to benefit the force overall and the United States government, as well as other institutions, offers scholarships and grants especially for females looking to enter the field.

Nowadays, public safety jobs offer unique opportunities for women. In the post 9/11 era, many females have sought to fulfill their desire to serve their country, but many women are hesitant to leave family behind. Law Enforcement offers the best of both worlds, the benefits of serving while being able to stay in the country. It also offers multiple employment opportunities in a less-than-stable job climate. Women are not only being considered for these jobs but chosen specifically for what they bring to the working environment.

Women improve the overall quality of a police force, including offering different ways of dealing with conflict. Women may not have the raw muscle of men, but their courage, inventiveness and communication skills make them ideal for working in Law Enforcement. Many male police officers could learn much from their female counterparts. It’s been proven that size has nothing to do with being a good police officer and according to the U.S. Burea

  • Women officers are as competent as their male counterparts.
  • Women officers bring skills and abilities to the job that facilitate cooperation and trust between police officers and citizens.
  • Women officers have a style of policing that relies less on physical strength, and they are less likely to become engaged in incidents involving excessive force.
  • Hiring more women police officers will improve an agency’s response to domestic violence against women-the largest category of calls to local police departments.
  • Increasing the number of female officers in an agency reduces sexual discrimination and sexual harassment in that agency.

From less than 2 percent in the early 1970’s to just over 12 percent today, women continue to leave their mark on the criminal justice system and companies catering to Law Enforcement are paying attention. Highly reputable Law Enforcement Uniform companies such as Elbeco and Fechheimer offer extensive Ladies Lines of uniform clothing like the Ladies’ Choice line from Elbeco. With designs “for women, by women,” companies like Elbeco and others reiterate the active recruiting of females specifically and encourage women today to reconsider Law Enforcement as a viable career option. Most women never even consider a career in law enforcement to begin with, due to their misunderstanding of the nature of the job, and the hostile and severe images portrayed in the media, the hope is, as attitudes within Law Enforcement change, so will the perception throughout society.

Tactical Wear for Law Enforcement

Tactical Uniforms for Law Enforcement Officers has become a booming business. Because of modern fabric innovations, Tactical Shirts & Pants have become specialized. Increasing durability while maintaining a professional appearance, Tactical Law Enforcement Uniforms look great and perform seamlessly from the briefing room to the street. The word tactical, meaning of or relating to combat tactics, breaks down what is needed out of law enforcement uniforms as they have evolved over the years, a professional and creased look after hours at a desk or under the stress of  forces employed at the battlefront.

Tactical Apparel products are particularly intended to hold up to the extreme stress of dangerous situations and special operations. Law Enforcement tactical pants must address all aspects of law enforcement duty, from cold and windy weather to sweltering heat, and from tactical assignments to desk work. This category covers a variety of specialty accessories, outerwear, trousers, shirts and polo-style shirts. There are many companies specializing in making the top of the line in Tactical Police Uniforms. The police uniforms rated highest only use the best material, such as High Performance Stretch Poly/Combed Cotton Twill Blends, providing enhanced comfort, mobility, and extended wear.


Extensive fabric selection and new developments in high performance Police Apparel, and cutting edge fabric enhancements are now available in top-of the line brands, like the 5.11 Tactical Series and the Tru-Spec 24-7 Series. Companies make Tactical Law Enforcement and Police Officer’s Uniforms more advanced with more features than ever before. These enhancements offer increased comfort along with conveniences like stain and fluid resistance, making Law Enforcement Class B Tactical Gear the best choice in Police Gear and Apparel. Tactical Uniforms, including Tactical Pants, Tactical Shirts, Jackets, Shoes, Boots, Tactical accessories feature materials with tight sewing tolerances, patterning, and the newly available advantage stretch™ material providing matchless vigorous movement and mobility, vital to use in real-world scenarios. The wide performance range makes Law Enforcement Tactical Apparel appropriate from the conference to the pursuit while keeping a professionally cleaned and pressed look.

Law Enforcement has come a long way over the years. Protecting the homeland has taken on new meaning and so has the Uniform Apparel for Tactical use in Law Enforcement. Police Apparel and cutting edge fabric enhancements are now available in specialized brands that have a lot more to offer than your average uniform. These Tactical Police Uniforms are the most durable Uniforms available to anyone, anywhere. Law Enforcement demands high performance equipment and the uniform is the ultimate foundation for any officer.

A Uniformed History of Law Enforcement

Police in England during the 19th Century first realized the necessity and added benefits of using uniforms while on duty. Uniforms obviously increased visibility and they added credibility to the perception of Law Enforcement by the general public. Uniforms were also used to further emphasize the divide between the military and local police officers. Initially, police uniforms identified the police as separate from the military but appeared to serve a number of other purposes after implementation. The high profile visibility of the Uniformed Police Officer also deterred criminal activity in and of itself, because lawbreakers would curtail their criminal conduct in the presence of an officer and a citizen in trouble could, without any doubt, spot an officer in a multitude of people, and increased the perception of professionalism and trust between the police and civilian population.

Since their inception in the late 1800’s, police uniforms have evolved to meet the changing tasks placed on a more advanced and modernized law enforcement officer, and also reflected changing styles of their times. Early uniforms included a “high-collared, tailed, dark navy wool coat with shiny buttons, and a cane top hat.” The tails were removed, creating the tunic style uniform coat, and a helmet that was peaked top with a chinstrap, called a custodian helmet. The U.S. uniform was redesigned to include blue pants, blue buttoned shirt and a flat, cap-style hat with a visor on the front, by the 1950s.

As police uniforms have changed to increase mobility, visibility and safety of officers over the years, modern uniforms accommodate many different aspects never conceived of at first design. Law Enforcement uniforms in the U.S. have become highly specialized; U.S. police forces now offer a variety of uniforms depending on division, specific occupational function, and even for different weather. Motorcycle Police have very durable uniforms with high quality all-leather coats and protective helmets, Bicycle officers wear short pants and golf-style shirts, while special weapons and tactics teams (SWAT) wear reflective jackets, body armor, stab vests, and full-face visors, State Police, Sherriff’s and Local Police all have different styles and colors of uniform.

Law enforcement uniforms now include a variety of options that help officers execute their daily duties. Tactical gear, shoes and holster belts for tasers and guns are items that can be found on some patrol officers. Investigators and detectives in different departments may wear completely different attire, including a suit and tie, since the majority of their work is done in an office environment or in the judicial system and uniforms may be unnecessary. These officers still carry holsters that hold weapons for protection and have added special features to accommodate their specific needs.

There are a variety of police uniforms and the styles vary depending on the location of the agency. Each branch of law enforcement uses different uniforms and although they vary in styles, they are still used most effectively to attain the same purpose they did hundreds of years ago, to increase visibility and help officers perform their jobs. It is vital that a law enforcement officer wear his or her assigned uniform correctly in order to be recognizable in case law enforcement services are needed. The main purpose of the police uniform is to increase respect from the civilians while emphasizing the presence of integrity when confronted by would be criminals.

The Power of Perception in Law Enforcement Uniforms

patrol_officer_classa_ls.jpgResearch has shown that Law Enforcement Officers can either be perceived as competent, reliable, intelligent, and helpful when pictured in a police uniform, or civilians can, on the other hand, experience elicit emotions of resentment, hostility, domination, and violent behavior, simply by the color of the uniform a Police Officer is wearing.

The most noticeably identifiable feature of a Law enforcement Officer is there trademark uniform. The professional uniform of the police officer communicates strength and sureness. Research has suggested that clothing has a powerful impact on how people are perceived, and is especially true for Police Officers as well. “The Social Power of a Uniform,” by Leonard Bickman, describes an experiment designed to illustrate the power of professional dress. Pedestrians were approached at random and ordered by an assistant to step back from a bus stop or other tasks. The research assistant was alternately dressed in casual street clothes, a milkman uniform, or a police-style uniform bearing a badge but lacking weapons. Only the police-style uniform resulted in a high rate of cooperation from citizens. Obedience to the police-style uniform surprisingly continued even after the research assistant quickly walked away and did not watch to ensure compliance.

Over the years, experience has proven that merely an officer’s attire is extremely effective in initially establishing the officer’s authority, the mental impact of the Law Enforcement Uniform aids in bringing about compliance with the law and submission to the officers at the scene.

Law Enforcement Uniforms, with their numerous individual aspects are vital to the mission of any Police Officer in the line of duty. More than just visual recognition that demands respect. Police Uniforms are inherently distinctive functionally and objectively from other various uniforms. The necessary attention to specialized detail and routine maintenance of police gear/uniforms are vital to ensure proper operation of the gear and are not just matters of greater efficiency or higher profit. Quality and expertise when developing each apparatus of a uniform could be the difference between the life and death of the responding officer, his partner/other officers and potentially the general population. Today, the modern police uniform is mostly accepted in most agencies in the United States and is designed with many of these principles in mind. Combined with other interpersonal law enforcement implemented over the last two decades, streamlining and adjusting the standard law enforcement uniformhas helped police, and all officers renew the older, harsher image of officers.

Tobacco Control In India: Law Enforcement And Where We Stand Now

Indians who smoke cigarettes and bidis die 6-10 years earlier than their fellow non-smokers. Research reveals that if this trend continues, by 2030 more than 8 million people will fall prey to tobacco related deaths, globally. Most of these premature deaths, almost 80 percent, occur in low and middle-income nations with India being the second largest when it comes to tobacco use, and third largest in terms of production. Being plagued with this pandemic for years, the government has enacted an all-encompassing law known as the Cigarettes and Other Tobacco Products Act, 2003 (COTPA, 2003). The harsh truth, however, is that enforcement of this law pertaining to tobacco control in India is not yet the top priority of the government. The proof being that tobacco, consumed in the form of cigarettes, cigars, bidis, khaini, zarda and gutkha, still kills almost 1 million people every year!

Here’s a quick glace through some regions in the country that have joined the battle against this menace in a promising way, as well as those that are yet to catch up:

The Delhi Government Fined Educational Institutes for Defying Tobacco Law:
Recently, the government at the Center collected Rs 82,000 as penalty from schools, colleges and universities for violating the Tobacco Control Act, according to a report published in The Economic Times. Despite repeated communication to these educational institutes, Section 4 of the COTPA was defied. Consequently, a hefty fine was levied on these campuses. This implies that the present government in Delhi is implementing the law religiously and is pretty serious about it.

Haryana Banned Gutkha and Plans to Stop the Sale of Loose Cigarettes Soon:
The Haryana government, too, banned gutkha. In fact, as per a report of The Tribune, Manohar Lal Khattar, the Chief Minister of the state has plans to ban the sale of loose cigarettes soon. The statutory warning which is printed on packets is not found on loose cigarettes; hence they are more detrimental to youth health. A notification which is yet to roll out, already approved by Khattar, will prohibit the storage, manufacture and distribution of the deadly stuff — mixed or flavored for at least a year. It was apparently discovered that tobacco was being sold under other names in Haryana. The government therefore took note of it, focused on the particulars and issued a separate notification, recently.


Chandigarh – The First Smoke-free City of India Fined Only 78 Law Breakers:
In contrast to Delhi and Haryana, Chandigarh being the first to become a smoke-free city in the nation, only a meager 78 law breakers were fined in 2013. According to a report in The Times of India, only 13 people were fined in an industrial zone for taking a drag in public view.

West Bengal Lacks the Spirit to Say ‘NO’ to Tobacco:
As per the cancer foundation of India, West Bengal (WB) is one state where 75 percent of the populace consumes tobacco in one way or the other. This is evident from the rampant storage and sale of chewing tobacco in the state. Though prohibited, khaini, gutkha, pan masala and zarda are sold everywhere without any restrictions. The highest number of lung cancers is also reported from WB – the state ranking second in number of cancer cases. Besides, WB is also tops in cardiovascular ailments, all arising out of rampant smoking or chewing of tobacco. This shows that enforcement on bans is not taken seriously in Bengal despite the notification issued in 2013. No steps have been initiated so far to implement the law. Naturally, health activists are concerned.

Race Relations and Law Enforcement in the United States of America


The spate of deadly shootings by the police in the process of apprehending suspects has led many commentators to suggest a racial undercurrent in the attitude of the police officers. In fact, there is the racial current in law enforcement attitudes when it comes to minorities like blacks and Latinos. There are different aspects of the racial current discuss. First, there is the white officer versus black victim scenario; black officer versus white victim scenario; black officer versus black victim scenario and black officer versus white victim scenario, (Peruche & Plant, 2006). It has been suggested citing the danger perception theory that the police are more likely to use deadly force in areas or situations where they encounter greater levels of violence or perceive their jobs to be particularly dangerous, (Best & Quigley, 2003). The place of racial sentiments in police deadly shootings is not entirely clear as there are competing theories seeking to explain police deadly shootings. There is the perceived danger perspective which attributes police shootings to the threat posed by the suspect sought to be apprehended. Even so, a study found that preconceived notions of violence associated with certain races plays a significant role in how the police officers react to threats posed by suspects, (Alpert 2007). Not all the theories share the sentiments of the minorities in the attitude of the police in apprehending black suspects. There are those who support the law enforcement community arguing that minorities should be profiled as criminals or as potential criminals because they are more likely to commit crimes. Profiling and stopping individuals for investigative procedures was therefore thought to be a rational response to the drug and crime problem among some law enforcement officers, notwithstanding the obvious ecological fallacy of targeting individuals based on group behavior, (Alpert 2007). The major question is to what extent does race impact the way law enforcement officers deal with black suspects in relation to how white suspects are treated?


The writer contends that race may be a factor in the attitude of the police in apprehending black suspects. But it is only relevant to the extent that blacks are associated with more aggression and violence than other ethnic groups. It is the fact of the association more than the race itself that triggers more aggressive policing strategies in typically black neighborhoods.




There is a growing concern that police officers may be more aggressive in their responses to minority compared to White suspects, (Peruche & Plant). Such responses may be influenced by stereotypic expectations. For example, it is possible that the stereotype that Black men are more likely to be violent and hostile may create expectations that Black people, particularly Black men, are more likely to be violent criminals than are. This may have led to a series of deadly police shootings which will be reviewed in this paper


Culture appears to have an impact on interpersonal relationships in the society. If there is racial prejudice in a given society, the police force where dominated by the oppressive race as in white race in relation to the oppressed race (black) cannot be free from such prejudice. Consequently, a corrupt society would produce a corrupt police force even though; a different picture may be painted. The definition of culture by Linton (1945) supports the argument that police force can only be as good as the society it operates. For him, the culture of society is the way of life of its members; the collection of ideas and habits which they learn, share and transmit from generation to generation. There is another aspect of culture that is relevant to racial prejudice in policing, cultural sensitivity on the part of the police officers. Given the multi-ethnic constitution of most societies in the United States of America today, it is very possible that a police may find himself among a people, whose culture he knows little or nothing about. It is imperative therefore that police officers be trained in cultural diversity and sensitivity from time to time. In this respect, is aggression violence? Being loud or always defensive may be annoying to a law enforcement officer. But is it enough to provoke a forceful apprehension to the extent of fatally shooting a suspect?


The paper will review several incidents of deadly police shootings with a view to identifying a pattern if any and the place of race in the actions of the police officers in the shooting incidents. The crux of the matter appears to be attributing primacy to race as a determinant of police reactions or reactions to perceived danger with race as a concomitant variable in the police officers’ reactions. Among others, the paper will review the Amadou Diallo case in New York, Kathryn Jones in Atlanta and Jason Gomez in Denver.


Amadou Diallo


Amadou Diallo, an unarmed West African immigrant with no criminal record, was 22 years old when he was killed on Feb. 5, 1999, by four New York City police officers. The officers — Kenneth Boss, Sean Carroll, Edward McMellon and Richard Murphy — acknowledged firing 41 shots that night, but said they thought that Mr. Diallo was carrying a gun. Mr. Diallo, who came to America more than two years before from Guinea and worked as a street peddler in Manhattan, was hit by 19 bullets while standing in the doorway of his Bronx apartment building. The case set off massive protests across the city, and became a flashpoint for heightened frictions between minority leaders and the administration of Mayor Rudolph W. Giuliani. All four officers, who were in plainclothes, said they approached Mr. Diallo because they thought he fit the description of a man wanted in a rape case. They contended that when he pulled out his wallet to show identification they mistook it for a gun.


Kathryn Johnston


Members of a Georgia narcotics investigation team shot and killed 92-year-old Kathryn Johnston during a drug raid in her Atlanta home November 21, 2006.


A search warrant stating crack cocaine was being sold in her apartment allowed the officers to cut through the burglar bars protecting Johnston’s home and burst through her door without identifying themselves.


Johnston, who lived alone, apparently mistook the plainclothes officers for intruders and, according to the prosecutor trying the officers, fired one shot through the door and hit nothing. The police responded, firing 39 shots, killing Johnston and apparently wounding three of their own. Jason GomezOn December 19, Denver police officer Timothy Campbell was standing in the middle of the street in a west Denver neighborhood, his gun pointed at a man. The patrolman had been driving north on Irving Street when he’d passed a 1997 Saturn that seemed suspicious. When Campbell made a U-turn, the Saturn quickly sped down a side street and pulled into a driveway. As the officer drove up, a man — he looked to be in his early thirties, Hispanic, wearing a light, baggy jacket — jumped out of the car and ran. Campbell followed him on foot, through back yards and over fences. The man reached the 3200 block of West Ada Place, where he slipped on a patch of ice. He got up and continued down the street, falling twice more. By now Campbell had closed the gap, and when the man got up again, the two were facing each other, less than ten feet apart. Campbell had his service pistol drawn: a .45-caliber semi-automatic Glock. The man reached into his pants pocket, put his hand behind his back, and then started moving his hand forward. Campbell saw the glint of something metallic. He fired two rounds, paused, and then fired four more. The man fell onto a pile of dirty snow.


The Place of Race in Law Enforcement


For some inexplicable reasons or strange coincidence, it is the blacks and the Hispanics that are always caught committing some crimes, (Ruth & Reitz, 2003, P. 32). This is not to suggest that there is no merit in the claim of disproportionate prosecution for crimes involving certain races and ethnic groupings. The point is that, the races and ethnic groups involved tend to have an unusual criminal propensity. Some have argued that the way the society is structured economically places the concerned races and ethnic groups at a disadvantage. This may be a valid argument. It is also true that the African-Americans have a higher criminal propensity than any other single group in the United States of America. At this point, there cannot be any legal justification for resorting to crime and the reasons are obvious. A lot of African Americans suggest that survival is the sole reason for indulging in crime. For precisely the same reason, other persons are pursuing legitimate enterprises in a bid to survive. It is not strange that school drop outs are highest among the African Americans. It follows that if the basis is weak, the superstructure will as of necessity follow suit. There are many factors impacting the criminal propensity of African Americans. For example, the presence of several liquor stores in typically black populations is perceived as deliberate as it facilitates violent behavior and increases incidents of grievous bodily harm and homicide.


Winter (1980) contended citing other authors and quite rightly in my view that police shooting is the greatest triggering mechanism for racial violence in this United States of America today. Making the case for the racial content in police shootings, the writer noted that studies have shown that the ratio of black victims to white victims of police shootings is as high as 30-to-1 in Milwaukee and in Chicago which has the highest rate of civilian deaths, the ratio is 6-to-1. According to the writer, the solution may be in changing the attitude of the police officers themselves. Some of the officers think that controlling their power of deadly force is handcuffing them. The problem with this way of thinking is that they appear to want uncontrolled power in dealing with blacks as opposed to whites. What is probably required is a re-orientation and some form diversity tolerance training with the hope that the police officers would use deadly force less frequently on black people


Apart from the case of Kathryn Johnston, the other victims of the deadly police shooting reviewed in this paper were unarmed and curiously ethnic minorities. The reviewed cases and others like them have given rise to negative sentiments on the part of the ethnic minorities, to wit the blacks and Latinos. There has been the attitude that Police hate blacks. The sentiment is predicated on a vast history of large and small events that African Americans face from police attitudes and actions. According to this school of thought, (Brunson, 2007), blacks do not only draw from their own experiences, but also from a consistent pattern of events they are exposed to in their communities. This perception that the police do not like black people is not helped by the aggressive policing strategies employed by the police in disadvantaged African American neighborhoods, (the hood, ghetto etc). Indirect experiences have the potential to amplify or validate individuals’ interpretations of personal experiences and merit in-depth examination Based on research finding on attitudes of African Americans towards the police, there is the contention that citizens’ distrust is more widespread among African Americans than among white folks. Brunson examines in-depth interviews of 40 African-American adolescent males who resided in a disadvantaged urban neighborhood in St. Louis to better understand their experiences with the police. A major focus of the study was to develop a “detailed understanding” of how these African-American adolescent males interpret their interactions with the police, as well as the interactions of family members, friends, and neighbors, and to assess how these experiences shape their perceptions of the police. The findings suggest that either direct or indirect mistreatment by the police led to negative evaluations by the participants. A lot of the distrust emanates from media reporting of police handling of African American cases. The cases are sensationally reported highlighting the racial contents over and above the dynamics leading to the shootings as in perceived threats and dangers encountered by the police officers involved. The case of Kathryn Johnston, the 92 year old woman shot in Atlanta by the police. She had shot into the ceiling before the officers opened fire. This is not an attempt to defend the actions of the police officers. But when a gun is fired, can it reasonably said that one would not feel endangered so as to provoke a certain reaction such as to shoot with two purposes in mind: self defense and apprehension of the suspect who is armed and dangerous? Given the background of the case which was supposed to be a drug bust, should the officers have left their guards down? I think not. There is some reason in the contention that some neighborhoods are more dangerous than others. Where a neighborhood is notorious for criminal propensity, violence and drug trafficking, the policing strategies cannot be any thing but aggressive. The various cases highlighted above only served to increase citizens’ distrust of the police among blacks in the communities where the fatalities happened. Brunson (2007) recommended that a consideration should be given to the cumulative properties of police/citizen interactions in order to fully comprehend the nature of conflicts between minority communities and police.



The Brunson view is supported by a later article titledEither they don’t know or they don’t care: black males and negative police experiences by Stewart (2007). In addition, he identified race as one of the most salient predictors of perceptions and attitudes towards the police and may be a function of neighborhood context. Owing to social limitations, imagined or real, many residents of structurally disadvantaged neighborhoods feel estranged from formal institutions; they may lack the social and/or political capital to engage law enforcement in order to address various problems within their neighborhood. Often, the police may view these structurally depressed neighborhoods as crime-prone ecological units.


Some instances of police shootings tend to be indefensible. While people are prepared to accept a single officer may resort to deadly shooting based on his judgment, the people resent the use of deadly force by multiple officers involved in the shooting. This suggestion is validated by the outcry which followed the shooting of a 92 year old woman (Kathryn Johnston) in Atlanta by more than four officers under the guise of the belief that the woman was a drug trafficker. What made it worse was the discovery later that there was an attempt to cover up the events leading up to the shooting of the black woman. Curiously enough, it was another racially tainted police fatality. The position of the police officers is that they need to defend themselves against perceived dangers from the suspects and that any attempt to control their use of deadly force is a way of handcuffing them and making them defenseless. For the citizens, particularly the black population, the use of deadly force is not justifiable in most circumstances and is viewed as excessive in most cases. In the article under reference, two separate studies were conducted to investigate perceptions of Police use or misuse of deadly force. The first study found that as number of officers decreased and number of shots increased, perceptions of misuse of force were augmented. Number of shots per officer significantly predicted perceptions of misuse of force.  The second study showed a significant interaction between number of officers, number of shots fired, and social dominance orientation. This personality variable was an especially strong predictor of misuse of force in situations involving the largest number of shots fired per officer. This finding is in consonance with the racial element inherent the deadly shootings of the police. One way of testing the validity of the racial sentiment would have been to examine the rate of deadly shootings among black police officers and to see who were shot in terms of racial composition, (Perkins & Bourgeois, 2006).


The issue of police shootings took a different dimension with the suggestion that particular races are being targeted for such fatal assaults. Unfortunately, several studies seem to support the racial undertone in the shootings, according to Tennebaum (1994). Prior to the Garner case, police shooting was governed by one of four legal excuses for shooting a suspect. They are The Any-Felony Rule; the Defense-of Life Rule; The Model Penal Code; The Forcible Felony Rule. The any felony rule excused a police officer who shot at a suspect getting away running away after committing a felony. The problem with virtually all of the four rules was them they called for a judgment on the part of the officer even before the suspect has a day in court. In the Garner case, Garner brought an action against the police officer and the police department for fatally shooting his son while leaving the scene of a burglary. The suspect was unarmed. The court ruled that such shooting may not be used unless it is to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. 


There is a variant of deadly police shooting which cannot be blamed on the police because it is induced by the victims themselves. Victim induced shooting has been defined in several ways and Mckenzie considered some of the definitions describing them as confusing: killing in which the victim is the precipitator of the killing, incidents in which people bent on self destruction engage in life threatening and criminal activities to force the police to shoot them. All the definitions considered indicate a conscious act on the part of the victim. But the writer points out that not all shooting inducing act are conscious.  In this area of police shooting, race does not appear to be a factor.


On the side of the police, it must be stated that there are confusing terminologies in the race discussion. Minorities can be contextual. Blacks may be minorities in the United States of America as a whole. But not so in some communities that are predominantly black. For example, in most metropolitan Atlanta in the state of Georgia, it would be incorrect to refer to blacks as the minority because they are in majority. The fact of the racial composition of the community is significant because of claims of racial profiling. Where three of four citizens are blacks, it follows that blacks are going to form majority of those apprehended by the police in that community. It is quite possible, for example, to have all the people pulled over in a routine police check to be black because not very many whites are present in the community. It would also be possible for the police to be very active and engage in aggressive policing strategies if the people in the black community have a huge criminal propensity. One fact must be stated. Blacks tend to be more violent than other races. Moreover, how reasonable is the allegation of racial bias where the apprehending officers are blacks? It must mean that the association with aggression and violence emanates from the people and not from the police. The perception of black as violent and aggressive people appears to be the same with black police officers as it is with white police officers.




There appears to be statistics to support the accusation of racial bias in the law enforcement procedures involving black people. According to the Federal Household Survey, “most current illicit drug users are white. There were an estimated 9.9 million whites (72 percent of all users), 2.0 million blacks (15 percent), and 1.4 million Hispanics (10 percent) who were current illicit drug users in 1998. “And yet, blacks constitute 36.8% of those arrested for drug violations, over 42% of those in federal prisons for drug violations. African-Americans comprise almost 58% of those in state prisons for drug felonies; Hispanics account for 20.7%, (Substance Abuse and Mental Health Services Administration, National Household Survey on Drug Abuse: Summary Report 1998, cited in Race Law Enforcement & Prison, 2008). The picture painted after reading the above statistics is that more white people commit crimes than blacks, but there are more black people caught for the crimes. It is either that the white criminals are too clever for the law enforcement officers or the law enforcement officers know who the criminals are among white people, but choose not to apprehend them. It is doubtful if the latter is the case.


 In an interview conducted by the writer with Assistant Police in Dekalb, Kennis Harrell on 11/20/2008, the racial profiling assumption was flawed. The Assistant chief does not agree with claim of racial profiling. His argument was that in a predominantly black populated County like Dekalb, it is to be expected that most of the apprehended suspects would reflect the racial composition of the County. He would also not agree that blacks have a higher criminal propensity than whites. It comes down to the same argument that blacks would commit crimes in a black populated community. The same thing goes for the Latino populated areas. This argument when stretched further seems to dispel the racial content in the spate of deadly police shootings. It would appear that each case of deadly police shootings would have to be analyzed on a case by case basis. Consequently, the only theory that would apply generally to all cases would be the “danger perception” theory, (Best & Quigley, 2003). According to this theory, police officers react to the level of danger they imagine they are in. It then appears to be pure coincidence that more ethnic minorities are involved in deadly police shootings. It is definitely an issue deserving of further inquiry as the trend is disturbing. There is much truth in the suggestion made by Stewart (2007) that there should be further inquiry on what the impact of the presence of minorities in the various police departments would have on the minorities’ perception of the law enforcement agencies. Would the minorities in the police force see their kith and kin as more aggressive and more violent than others? The answer appears to be that perceptions would hardly change. The reason is that even in neighborhoods which are predominantly black both in population and in the composition of the police departments, racial profiling (so called) is not absent and feelings of unfairness and police brutality remain strong.


There is the need for African Americans to have a re-orientation; one that emphasizes industry as opposed cutting corners; one that symbolizes hard work and not seeking to reap where they have not sown; a comprehensive program for all round development as opposed to the get rich syndrome and a genuine effort at abandoning ghetto life.

Law Enforcement Consultant – a New and Expanding Career Field

Law Enforcement Consultant – A New and Expanding Career Field

How many times have you turned on the news and heard stories about another far flung country such as Iraq, who’s police force was undergoing training in modern policing methods? Its happening more and more and who do you think is doing the training? What you may not know is that it is private contracting firms that are  employing law enforcement consultants to do the ground work and now you too can get on this new modern day gold rush.

An Expanding Need

As American and other western countries become more involved politically with so many of these undeveloped countries, one of their tasks is to insure that their police forces function in accordance with modern standards. This is because, with countries like the U.S. and England working in conjunction with these police forces, they must be sure that the citizenry that they come in contact with are treated in accordance with western policing standards.

More Employment Opportunities


With police departments across the U.S. now struggling to keep their own ranks filled, these private contractors are now having to offer extremely enticing wage and benefit packages to lure in law enforcement consultants to work for them. What this means for men and women across the U.S. that have completed their law enforcement training, is that they now have more employment options to chose from when deciding on where to work.

More Money and Better Jobs

Why should you choose to work for one of these private contractors rather than a U.S. police department upon completion of your law enforcement training? To begin with, they pay substantially more and thats not all. They also house you, feed you and provide plenty of vacation time as well. Also, the experience that is garnered by doing overseas law enforcement consulting work makes excellent resume material. This in turn gives you priority status, when you do finally return to the U.S. and begin to approach domestic police agencies for employment.

How Law Enforcement Agents and the Community Can Curb Burglary in the Community

Community Policing: A Viable Panacea for the crime of Burglar



Osasumwen Osaghae

 December 2008

The Crime of Burglary

The crime of burglary has several components. Some of the elements have provoked disagreement. One of such elements is what constitutes a dwelling place. Section 111(5) of the powers of Criminal Courts (sentencing) Act, 2000 provides that a domestic burglary committed in respect of a building which is a dwelling. The Article

Meaning of Domestic Burglary: When Is an Outbuilding a Dwelling? (Kalu, 2008) examined the meaning of a dwelling. According to the writer, dwelling is not defined in the 2000 Act. The writer then preferred the common meaning of the phrase dwelling place. The article reviewed the case of R Vs Rodmell in which the accused was convicted of burglary in a shed which the victim protected with burglary alarm. The frontier of dwelling house was extended to include shed. The writer disagreed with the judgment and the rationale for the judgment. The basis for the disagreement was the judge’s omission to define a dwelling house thereby leaving the premise for the judgment to ideological guesses. The writer then suggested that “dwelling” be given its literal and natural meaning of abode (inhabited) instead of the legal forest created by the unclear judgments on the matter.

Swaray (2006) considered the nexus between expectations of burglaries and actual burglaries. There was the belief even though unfounded that the apprehension of people that their homes were likely to be burglarized was misplaced. But the study found otherwise. TitledOn the relationship between the public’s worry about safety from burglary and probabilities of burglary: some evidence from simultaneous equation models, the paper flawed the policing policy of the government in dealing with burglary cases and contended that the policing methods are not customized enough to ease the burden of burglary on the citizens. The article discussed burglary in the United Kingdom and Wales. The writer employed a combination of qualitative and quantitative research methods to identify the relationship between the fear of burglary and burglary itself. The writer argued that environmental variables encompass physical and social dimensions of neighborhoods and public places that people frequent during the course of their daily activities. The effect of the fear is to create insecurity laced with apprehension which in turn reduces quality of life. The author concludes that there is indeed a relation between the cognitive and the emotional aspects of the problem. The study found that there is strong interdependence between households worry about burglary and actual and perceived probabilities of burglary.

Sorensen (2007) considered alternative policing as an option to the traditional policing method. The writer identified three basic approaches to burglary reduction, although the boundaries between them are not always clear. The three approaches are (a) reducing underlying motivations for crime; (b) pro active/problem oriented policing; and (c) situational crime prevention. This article focused on situational crime prevention, which concerns the management, design, and manipulation of the immediate physical and/or social environment with the aim of making crime appear more difficult, more risky, or less rewarding in the eyes of potential offenders. The article is based on burglary in the Scandinavian countries. The writer noted that earlier studies in Burglary did not include evaluation processes for the experiments and so he improved on the state of the literature by including an evaluation process in his study. The article titled Randomized experiment on burglary reduction, argued that multi-tactic approach to reducing burglary may not be the best approach as it obscures the actual working tactic and cloaks an ineffective method with a “working” garb. Sorensen (2006) concluded that a study such as his own may not lead to unambiguous conclusions. He would therefore recommend further enquiries in the area.

Community Policing

Burglary has been on the increase and has tended to defy traditional policing. Community policing has been recommended as a more effective way of dealing with the problem. Community policing is based on the recognition of a geographical unit (city) as consisting of many neighborhoods with particular sets of qualities and service needs. It is a customized model of service delivery tailored to meet the needs of particular communities. Community policing consists of two complementary core components; “community partnership and problem solving”, (Community policing consortium cited in Oittemeier & Wycoff).

Changing policing practices, wider social divisions have led to the transfer of policing responsibilities from the state to an assortment of public, private and voluntary agencies like the community youths, neighborhood watch and the vigilantes, (Johnston as cited in Yarwood, 2007). Policing efforts would fail if the community does not embrace the policing strategy. In the same vain, community policing is bound to fail if the citizens cannot trust the police force in their community. In extreme cases of failed loyalty, the citizens protect the criminals in their midst than they cooperate with criminals in their communities because social commonality as in race, religion and economic standing.

Community policing has taken on different names and conceptualizations such as “neighborhood watch”, “vigilantes” (Fleisher as cited in Fourchard, 2000), “anti-thief and anti-witch organizations, (Heald as cited in Fourchard, 2000). The article titled Histories of Yoruba Vigilantism is a case study of a local form of community policing that is in use in the Southern Nigeria city of Ibadan. There is a mixture of failed loyalty on the part of the people in the city and a loss of confidence. The result is that the people are more comfortable with non state policing comprising the locals in the society with an effective information network which was found to be lacking in the operations of the state police. Fourchard (2000) argued that the rise in the activities of vigilantes is an indication of the failure of the traditional policing model and a remarkable increase in the level of crime in the society among other crimes, burglary. ‘Vigilante’ in Nigeria is a term initially used by the police in the mid-1980s as a substitute for an older practice present since the colonial period and referred to as the ‘hunter guard’ or ‘night guard’ system. Colonial administration in western Nigeria either tacitly authorized it or legalized it, giving rise to an enduring continuity of these non-state forms of policing. The article traced the origins of Vigilantes to pre-colonial Nigeria when the British found it hard to curb crimes. The concept of the community has been evolving constantly with rules and safeguards being put in place to ensure that the powers were not abused. The rules and safeguards are understandable giving the non state nature of the vigilantes. One of the challenges of community policing is the potential for the abuse of the power conferred on the local policing agents. In contrast to the argument of Fourchard (2000), some of the vigilantes have themselves become the criminals because of state approval of their activities and the arms some of them are given. The article concluded that some characteristics of the community policing method in Southern Nigeria have remained to this day and have had the impact of reducing crimes such as burglary in the city concerned. Some of the practices are the curfew system, erection of gates along the streets to reduce access to and from the streets. The Curfews ensure that people stay more at home with various times set for the curfews. In most cases, people were forbidden from moving about from 8.00 pm to 6.00 am. This made a lot of sense since most of the burglaries (burglaries used in loose sense) were committed at night. Even when the curfews were stopped, the people still return home at about the time set for the curfews feeling that it was not safe to be out after the set curfew period. This had the effect of reducing break ins and burglaries as the criminals refrained from going into the homes where there were people. More than any thing else, the article shows that community policing in association with other safety precautions would reduce burglary but not in isolation.


Among several theories, there is the theory which states that  when geographical locations are reduced, crime watch is made easier. A body of theory predicts that increases in the aggregate risk of apprehension within geographic territories may lead to crime reduction. The theory has variously been referred to as structural deterrence, (Sampson & Cohen, as cited in Kane, 2006), or ecological deterrence, (Bursik, Grasmick & Chamlin, as cited in Kane 2006). The theory refers basically to community policing, (Kane, 2006). The article titled On the Limits of Social Control: Structural Deterrence and the Policing of “Suppressible” Crimes discussed the theory of deterrence and its waning influence in explaining criminal propensity. The article examined the development of threat estimates that people make about their local environments and the processes by which they may transmit those threat estimates to people within their social networks. Researchers have applied the threat estimate framework to such environmental hazards as floods, traffic accidents, fires, and oil spills, generally finding that increases in perceptions of risk along the hazardous outcomes are often associated with changes in individuals’ behaviors within discrete environmental settings. The study attempted to fill these gaps by examining whether variations in the risk of apprehension across geographic territories has predicted variations in subsequent crime rates (robbery and burglary) within police precincts over time in a major urban setting. The study integrated the primary methodological and theoretical advances highlighted in the macro-deterrence literature by specifying a longitudinal design, using the community (i.e., police precinct) as the unit of analysis, and incorporating arrest activities independent of known crimes and clearances as the apprehension threat variable.


Community policing remains the most viable option for curbing burglary and other property crimes. As indicated above, the system will not work in isolation but in conjunction with other measures presents a viable option for combating burglary in the society. Community policing would depend largely on environmental influences in order to be effective. Community policing is based largely on interpersonal relationships and information sharing between community inhabitants and the policing authority. If there is at anytime, a loss of confidence or a communication gap, community policing may fail. This is one feature working in favor of public policing in that it does not have to rely on cooperation from the citizens wholly

Contract Law In The Kingdom Of Thailand

A contract is an exchange of promises between two or more people for a particular purpose. It is a legally enforceable agreement that generates a commitment to do or not to do something. The central part of most contracts is a set of shared promises. The promises are made by the parties that describe the privileges and obligations of the parties. The term ‘party’ can mean an individual, company or corporation. No matter what kind of contract you take, having an understanding of contract law is a central part to establish sound business agreements that will be lawfully enforceable in the event when a clash arises.

In Thailand, the contract law is controlled by the Thailand Civil & Commercial Code (TCCC) and other Thai legal authorities. The contract is a comprehensive description of the obligations and duties and the time limit for performance of the parties. The law gives the parties comparatively broad freedom to agree any terms. The general rule of contract under the TCCC is that the contract is binding and concluded where the offer is accepted and the recognition is communicated from the offeree to the offeror. All contracts should be given in the form of a written document signed by the two parties. One of the major risk areas is that the laws especially restrict activities of foreigners, such as the Foreign Business Act and Land Act.

As in any common law system, concluding a contract requires offer, acceptance, formality, consideration and intention to create a legal relationship. The contract encompass terms that are expressly agreed upon by the people as well as implied conditions that were not particularly arranged but implied into the contract by act or court explanation. In general, implied terms may not be inconsistent with the express terms of a contract. At common law, courts would usually imply a term into a contract if it is necessary to provide effectiveness to the contract from a business point of view.

Actually there are two different areas where the place of the contract becomes important. The foremost is the selection of law clause. It describes the law of which nation will apply. The second is the choice of forum clause that specifies which nation a complaint may be filed and a legal case may be enforced in court. Notice of the terms must be given at or before concluding the contract. The terms must be referred to or contained in a document that was projected to have contractual effect; and reasonable steps must be taken to bring the terms to concentration of the other party.

The TCCC states that the laws of that country will apply if the parties are of the same nationality. However, if the parties are not of the same nationality, the law of the country where the contract has been made will apply. For instance where a contract has been made between parties at a distance, the country where the contract is deemed to have been made is the country where notice of the acceptance reaches the seller. If such a place cannot be determined, the law of the country where the contract is to be performed shall govern.

Agreements between foreigners and Thai nationals are enforceable in Thailand. Real estate, purchase and sale of property, hotel and property management, guarantees, construction are the important contracts that are entered into between foreigners and Thai partners. Shareholder agreements, employment, trust agreements, loan, joint ventures, franchising, licensing and distributorship are other types of contracts that are found to be very common. According to TCCC, if a contract of sale is subject to a time clause or to a condition, the ownership of the property is not transferred until the condition is fulfilled, or the time has arrived. The completion time of the contract of sale is referred to hereafter as the time of sale. The costs of a sale contract are paid by both parties equally.

If a disagreement over a contract arises and informal attempts at resolution fail; the most common method used to enforce contracts and resolve contract disputes is through the court system and lawsuits. Courts and formal lawsuits are not the only option for people and businesses involved in contract disputes. The parties can have a mediator to review a contract dispute, or may agree to binding arbitration of a contract dispute.

contract law questions and answers

How are plurals handled as a matter of New York contract law?
If a term is defined ‘Party’ and is later referenced as ‘Parties’ what factors would go to interpreting it as ‘all Parties’ or ‘one or more Parties’? A court will look to the context in which it is used. In those very rare cases where the difference.

Contract law and agency law?
How can I give an example of how a conversation between the person answering the phone at a doctor’s office and the patient who called could create a contract, demonstrating knowledge of contract law and agency law? the person answering the phone in the dr’s office places an order for office supplies or medical.

I have a question about business law class?
There exists – in the field of contract law – both contract and non-contract theories of recovery. Depending upon the particular fact situation, a party might file a lawsuit for breach of an express contract in fact or an implied contract in fact. These are both contract theories! A party might.

What are my rights under consumer/contract law when I cancel a service?
I subscribe to for internet. I now work for a telecom co & am eligible for reduced staff rates. I contacted Supanet & told them I want to give canx notice, I assumed 1 months would be standard, but was told that the canx would be.

i need to find some legal advice?
need legal advice in contract law with landlord and tenant issues. Landlord-tenant law governs the rental of commercial and residential property. It is composed primarily of state statutory and common law. A number of states have based their statutory law on either the Uniform Residential Landlord And Tenant Act (URLTA) ( or.


Solving legal problem??
I have got a problem in which I want you help me solving. It is a question regarding contract law which says: About 15 miles from Potters Bar, in quiet countryside, there is a clothing factory with its own factory shop. In the shop window there is a notice stating: ‘Limited offer, twenty RD23 anti-fit jeans.

There are established rules in contract law. One rule states that, where a minor enters into a contract, the?
The Problem Omar, aged 17, having finished a pottery course at college, decided to leave home in order to follow his ambition to become a producer and dealer in fine art pottery. He moved to London where he entered into.

‘time shall be of the essence’ in a contract?
Does anyone know what ‘time shall be of the essence’ in a contract means and what happens if this is not respected? What are the legal consequences? It IS something you usually see in a contract, at least in the US. In contract law, very often time is not a.

I have a question about contract law.?
if i remember my business law class correctly if there is a contract between two parties and there are say 10 things in the contract that one party needs to abide by and they don’t abide by even 1 item in the contract. is this contract void? i thought a contract had.

Contract Law – Its Importance in the World Today

Our society depends upon free exchange in the marketplace at every stage. The interactions in the market all the times depend upon voluntary agreements between individuals or other “legal persons”. Such voluntary agreements can never become binding without a legal contract.

The origin of the contract law can be traced from the development of common law and it is also alleged to be an offspring of tort law, as both contracts and torts give rise to obligations. The difference between them lies in the fact that the tort obligations are imposed by law; on the other hand contracts are a medium through which people willingly create commitment between themselves.

Contract law is based on a number of Latin legal principles, out of which consensus ad idem is the most important, which means a meeting of the minds between the parties i.e. an agreement among them. It is said to be a part of “private law” because it does not bind the state or persons that are not parties to the contract. Thus, contracts are voluntary and require an “exercise of the will of the parties”. But not all agreements are contracts e.g. Non-business agreements, religious agreement, or charitable agreements etc.

A contract an agreement between two or more persons, creating an obligation upon them to fulfill or not to fulfill some duties laid down specifically in the agreement. This agreement creates a legal relationship of rights and duties on the parties and if these obligations in the agreement are not fulfilled then stringent action could be taken by the courts on the party. There are three key elements for the conception of a contract. These are offer, acceptance, consideration and an intention to create legal relations. Contracts can be written, oral, or implied also. Generally the parties to a written contract comprehend that they have entered into a binding agreement, but they do not always grasp this point when making an oral or implied contract. It is always difficult to prove the terms of an oral or implied contract than those of a written one.

There are many important points that have to be kept in mind while forming a valid contract; after making the offer to the promisee, the contract will be formed when the promisee communicates his acceptance to the contract. The person making the offer is free to withdraw the same before the acceptance of the offer. Once the agreement is made, the following clauses should be present in the same.

1. There should be some consideration offered for the agreement.
2. The parties should be competent to contract.
3. The consent to the agreement should be free.
4. The object of the agreement should be lawful.


This is one of the important aspects which is necessary for a party to enter into a contract. This is the return which a person gets for performing the obligations of the contract. This needs to be of some value but it is not necessary that it should be specified in the contract. An agreement made without consideration is void.
Persons competent to contract.

All persons are legally authorized to enter into a contract except for the following:
• Minors, who are above 18 years of age and when a guardian is appointed for them the age is increased to 21 years.
• Mentally incompetent persons.
• Person who is ineligible from entering into the contract by law.

Companies have a separate legal entity to enter into contracts through the acts of their agents, officers and workers.

Consent to the contract

Unless the consent of the contract is obtained through, coercion, undue influence, fraud, misrepresentation or mistake, it is presumed that the consent is free.

Relief given to the aggrieved party
Generally the party who has suffered due to the breach of contract of the other can claim money damages that will put the non-breaching party in the position it would be in, if the contract had been performed. In some cases the court may order the breaching party to perform its obligations.

The aim of the law of damages is to place the plaintiff in the same position that he would have been, had the breach not occurred. The parties to a contract may determine the damages beforehand which are called liquidated damages and can be recovered. In this case the sum of money should not exceed the amount already specified. But in the case when there are no predetermined damages then the person can claim the whole amount.

Essentials of a contract agreement

The contract should contain certain clauses without which the agreement will be incomplete.
• A detailed description of the duties and obligations of the parties should be stated to avoid ambiguity at a later stage.
• Representations concerning warranties should be present in the contract
• Confidentiality clauses should be present to ensure that the parties keep any information which comes into the possession, due to the contract, confidential.
• The force majeure clause which generally provides that no party will be liable for non-performance arising out of an event of force majeure i.e. war, aggression, epidemic should also be present.
• The term should also be specified in the agreement.
• The events on the occurrence of which the contract will be terminated should also be specified. This clause also describes the methods of giving notice, and whether the breaching party must be given a chance to cure the breach.
• The relief available to the other party on the breach by one party should also be stated. This would also include liquidated damages.
• An arbitration clause should also be inserted to settle the disputes through arbitration rather than court litigation.
• In international contracts, it is important to state the jurisdiction and the applicable law governing the contract.

Once these conditions are incorporated in a contract it will be easier for the parties to enforce them and claim their rights.

Contract Law Summarised; Explanations, Definitions, Cases


Of the various agreements made some are social or domestic; some others are contracts – legally enforceable.

Jones -v- Padavattan 1969 was about an agreement between a mother and daughter ~the mother had promised to support her daughter during her studies the daughter argued -the judge decided that it had not been intended to be legally binding, so it was a domestic agreement.

But in Simkins -v- Pays 1995, the mother and daughter had intended to be legally bound by jointly entering a competition to share the prize won, it was a contract.

In Jones -v- Vernon Pools Ltd. 1938, and also in Appleson -v- Littlewoods Pools 1939, there was an intention to be bound legally, but it was one-sided; the other had not so intended it to be, for the football pool company showed that the coupon contained the words ‘binding in honour only’, and it was not enforceable.

A Local Authority did not have to sell a house at the price applicable at time of application -which it was to consider; no offer existed to accept but an invitation to treat: Gibson -v- Manchester C. C. 1997.

A reward-poster (if a product did not protect against influenza) was Intention to be legally bound, as Offer, and Acceptance too had Consideration -the essentials of a contract: Carlill -v- Carbolic Smoke Ball Co. 1893.

A Contract is distinguished from other forms of agreement by determining whether it contains those three basic essentials -as matters of fact, oftener of law.

An agreement is a Contract if it contains the three basic elements of Intention to create Legal Relations, Offer & Acceptance, and Consideration; but what constitute these, how, and why, or not, are matters, mostly, of precedent; therefore, it is useful, on each of these, to look at some more of such precedent…

Intention to Create Legal Relations: It is, of course, most unusual when commercial agreements between businesses are made that a legal relationship was not by both parties intended to be created; it is, essentially, more so a different situation than an exclusion clause making it binding in honour only, when, while may have been intended as a matter of fact, that an agreement may not be made the subject of the jurisdiction of the courts -in terms at least of whether it is legally binding, is not capable in law of having been intended; yet a contract in Rose & Frank Co.-v- J P Crompton 1925 was not the agreement -it showed that a legal relationship was not intended to be created.

That the husband would pay his wife £30pm was not intended in Balfour -v – Balfour 1919 to be binding; that he was to repay the mortgage and transfer ownership of the property to her in Merritt -v- Merritt 1970, as she had asked him to be put in writing and he had, was intended as binding ~as meant a travel firm’s sign that failed holidays would be reimbursed for in Bowerman -v-ABTA Ltd. 1995

Offer and Acceptance: An ‘offer‘ is not an ‘invitation to treat’ ~an advert. in Partridge -v- Crittenden 1968 was an invitation to treat as the numbers of birds could not be infinite to make it capable of being ad-infinitum accepted -in Pharmaceutical Soc. -v- Boots 1953 drugs in self-service store could not be an offer to sell as a chemist at pay-point could refuse to. Nor is it ‘information’ ~’Will sell? State lowest price’ replied to stating it was information in Harvey -v- Facey 1893; the announcement of the auction cancelled did not in Harris -v- Nickerson 1783 entitle to travel expenses, as in Pane -v- Cane 1789, a bid constituted the offer.

Nor is an offer unwithdrawable if the offeree is informed -by anyone Dickinson -v- Dodds 1876, before acceptance Byrne -v- vanTienhoven 1880 ~and it can lapse eg shares Ramsgate Victoria Hotel -v- Montefoire 1866, or if goods become damaged or destroyed, or by a counter-offer (£950 ok?) Hyde -v- Wrench 1940, or if the offeror rejects it or dies.

A valid offer, therefore, as an expression of a proposition willingly to contract, can be, as by a reward poster in Carlill to any or many persons, if communicated -e.g. by biding by raise of hands, with clear terms, while it exits capably of being accepted.

Acceptance of such a valid offer constitutes contract.

Agreement to the offer is ‘acceptance‘ -if communicated.

Generally, the offeree’s silence is not tantamount to acceptance and ‘if I don’t hear from you I’ll deem it so’ in Felthouse -v- Bindley 1862 did not constitute it.

Any effective way will do, Entores -v- Miles Far East 1955, if fax or e-mail, during working hours or the following work day: Brinkbon -v- Stahag Stahi 1982. If acceptance is posted or telegraphed, it is effectively made, even if it is incorrectly addressed and delayed Adams -v- Lindsell 1818, or lost in the post Household Fire -v- Grant 1879 -unless handed to a postal staff not authorised to receive mail; such acceptance is, and the contract is made, at that time -even if before its receipt the offer is withdrawn Byrne -v- vonTienhoven 1876 ~and, Blackpool Aero Club -v- Blackpool C.C. 1990, the offeror must check his mail before closing the offer.

The offeror may prescribe a way of acceptance -then only that, or possibly one more advantageous to the offeror, will do; in Ediason -v- Henshaw 1819 postal acceptance was not as specified -giving it to the driver; if unspecified conduct may imply it -e.g. purchasing aware of the offer, Carlill.-v- Carbolic Smokeball Co. 1893.

Acceptance must be unqualified, ‘subject to contract’, or Neale -v- Merrett 1930 ‘the rest later’, is not so; unless it is capable itself of acceptance, Hyde -v- Wench 1840, requesting information is not a counter offer barring later acceptance, Stevenson -v- McLean 1880.

Consideration: A contract’s point is consideration: ‘executed’ -something done because of which another has to also; or ‘executors’-to be done because of which a contract will exist that another will have too ~it is the benefit or the detriment involved: Currie -v- Misa 1875.

What is contributed to the bargain must be of some value – not necessarily adequately matching the other’s: in Thomas -v- Thomas 1842 £1pa rent was so; and in Chappel & Co.-v- Nestle Ltd. 1960 chocolate wrappers were the stipulated consideration for a music record.

Consideration is owed in return for pre-agreement considerations: the King’s favour was got upon the other’s request, not for £100 overjoyed promised later in Lampleigh -v- Braithwaite 1615; the children’s promise to pay was after repairs were begun in Re. McArdle 1951; also not for a duty: in Glassbrook Bros. -v- Glamorgan C.C. 1925 it was more than the job of the police, in Hartley -v- Ponsonby 1857 more than the sailor’s, but in Stilk -v- Myrick 1809 it was the sailor’s job -his duty. Nor, in is it owed to thirds parties -in Tweedle -v- Akinson 1861 the bridegroom was not a party to the parents’ agreement to give the couple £500 ~unless since Contracts (Rights of Third Parties) Act 1999 named in or identifiable from a contract as beneficiary.


Consideration less than agreed is not good -Pinnel 1602 -except in settling debts, but is if fair commercially -more funds to complete job: William -v- Roffley 1990.

Terms: Those conditions which, if breached, entitle to remedies (depending on their status and the type) are ‘terms’.

Express Terms, subject only to judicial interpretation, as a rule, cannot be argued, if in writing, to have misstated intentions: Jacobs -v- Batavia etc. Trust 1924 -unless unreasonably creating an inequity ~where oral, parole evidence is allowed: Hanish -v- Bank of Montreal 1969.

Implied Terms, unless by statute so, if customary or not occurring to the parties (‘the bystander test’) disregards business efficacy, are deemed so: In The Moorcock 1889 safety of the anchorage did not have to be express, nor in Liverpool CC -v- Irwin 1977 that dwellings must habitable. In Rowland -v- Divall 1923 that seller transfers ownership, Microbeads -v- Vinehurst Road Markings 1975 buyer’s right to quiet possession, Priest -v- Last 1903 (scalding hot water bottle) merchantable quality and Grant -v- Australian Knitting Mills 1936 (underpants -dermatitis) fitness for the purpose, Beale -v- Taylor 1967 that sale is by description also when upon inspection, are, respectively, ss. 12 & 12(1), 12(2), 15, Sale of Goods Act 1979 ~in s. 15 the bulk must be as the sample in quality, ss. 1(2) & 1(2B) Sale & Supply of Goods Act 1994 limited fitness to ‘satisfactory’, s. 1(2C) quality if defect not told of or where examined could not have been reasonably noticed ~they must not be serious: Frost -v- Aylsbury Diaries 1905 (contaminated milk -death), ss. 13, 14 Supply of Goods & Services Act 1982 imply reasonable care-skill-time; interpretation is strict: Re. Moore & Landau 1921.

Conditions are terms entitling to withdraw from the contract and sue if breached. A singer’s partly not turning up to perform breached a condition: Poussard -v- Spiers & Pond 1976. In e.g. the Sale of Goods Act 1979 s. 12(1), seller transfers ownership, s. 15, bulk must correspond to sample, are implied conditions.

Warranties if breached are of trivial consequence, not entitling to withdraw from the contract: 19 out of 24 months could still be worked a ship in Hong Kong Fir Shipping -v- Kawasaki Ltd. 1962; a singer only from rehearsal had been partly absent: Bettini -v- Gye 1876. In s. 12(2) SGA a buyer’s quiet possession is an implied warranty.

Exclusion Clauses limit or disclaim liability, if not inequitably in bargaining power, as in Photo Productions -v- Securicor Transport 1980 for failures of employees -both equal in power and legal advice. In standard contracts, they are binding on who sign them: L’estrange -v- Graucob 1934; but how & when incorporated matter; on a receipt it would not do: Chapelton -v- Barry UDC 1940, it had to be pointed out: Spurling -v- Bradshaw 1956 -‘red hand rule’, it could not be relied on contained in the delivery: Interphoto Picture Library -v- Stiletto Visual Programmes 1988, nor on a sign in a room (theft) -contracted at the reception: Olley -v- Marlborough Court 1949.

They are confined to the matters excluded, strictly interpreted -ambiguity unfavourably to a party seeking enforcement -‘contra-preferentum rule’: Pollock -v- Macrae 1922.

The Unfair Contract Terms Act 1977 makes them void for death, personal injury, loss, damage, negligently caused -reasonableness in circumstances as proof of one relying on it. Supply of Goods & Services Act 1982 & 1984 invalidate suppliers’ exclusion of statutory implied terms; so the Unfair Terms in Consumer Contracts Regulations 1994 any unfair individually unnegotiated -it requires plainness in written consumer contracts, allows consumer organisations to challenge terms.

Discharge of Contracts: Fulfilled or comes to an end.

Performance is when the parties have fulfilled their obligations -not necessarily fully nor all at once. Part performance, if substantial, does not entitle to withdraw: Hoenig -v- Isaacs 1952 (£55 of £750) ~in severable contracts if performance in stages ceases, part performed must be paid -so also if prevented performance: Planche -v- Colburn 1831 (cancelled £100 job done £50 payable on a quantum meriut basis); to accepted part performance ends the contract and any remainders may be contracted for anew.

Agreement to other considerations is new contract: Pinnel 1902.

Breach of a condition frees the other party of obligations; of a warranty, only entitles to sue for damages.

Frustration is when it is, or becomes, due to no fault of either party, not possible to carry out the contract; if so when made, it does not exist: Paradine -v- Jane 1647; else, it is a breach which makes it void: Taylor -v- Caldwell 1863 (destruction of the subject -hall burnt down) and Condor -v- Boron Knights 1966 (incapacity re. personal service -ill) and Re. Shipton, Anderson & Co. 1915 (government intervention or supervening illegality -state requisitioned it) and Krell -v- Henry 1903 (non-occurrence of sole purpose -event cancelled). Under The Law Reform (Frustrated Contracts) Act 1943 money paid before the frustration is irrecoverable, if due is not payable; a party is entitled to expenses, and a valuable benefit has to be paid for: Gamerco -v- ICM Fair Warning Agy. 1995.

Remedies: Breach of one’s contract entitles remedies.

Damages are the actual financial loss of the wronged party that were in the reasonable contemplation of both of the parties, at the time they contracted, as would naturally arise from the wronged party’s normal activity: Hadley -v- Bexendale 1845, and any not so but of which the parties were expressly informed: Victoria Laundry -v- Newman 1945, in loss aiming to put the wronged party in the position that he would have been if the contract had been completed: Jarvis -v- Swan Tours 1973 ~general damages for distress or annoyance being recoverable where comfort or freedom from discomfort (e.g. holiday contracts) is the basis of a normal commercial contract: Alexander -v- Rolls Royce Motor Cars 1995 -but Forthsyth -v- Ruxley Electronics & Construction 1995 did awarded for amenity and disappointment (less deep pool than ordered); but one’s must have taken steps to mitigate his loss: Brace -v- Calder 1895.

Quantum Meruit is piecemeal as an implied term, unless conditional to completion: Sumpter -v- Hedges 1898.

Equitable Remedies may be specific performance if only that would do (e.g. land sale), except for personal services: Lumley -v- Wagner 1852; or injunction if must prevent, also in personal services: Warner Bros. -v- Nelson 1937.

Liquidated Damages as terms in advance agreed which are fair Dunlop Tyre Co. -v- Garage Motors 1915, not tantamount to a penalty: Ford Motor Co. -v- Armstrong 1915 (above list-price).

Proving damages in contract law


Despite the fact that someone may have caused you damage as a result of their actions in relation to a contract, it may not be the case that you can claim damages from them if you’re unable to prove the losses that you have sustained as a result of their actions.  Where a plaintiff claims to have suffered loss or damage by reason of the defendants breach, the onus of proving the extent of loss or damage rests on the plaintiff it must be established: that the loss or damage was caused by the defendants breach and that the loss or damage was not too remote.

The distinction is drawn in this case between nominal damages and substantial damages. The former is awarded where, for one reason or another, the plaintiff proves no more than the defendants breach. For example, in Luna Park (NSW) Ltd v Tramways Advertising Pty Limited a breach of condition was proven by Luna Park, but because no evidence of loss or damage occasioned by the breach was produced only a nominal sum was awarded under the cross claim against Tramways.  The case illustrates the point that a nominal sum is awarded to indicate the infraction of illegal right.  On the other hand, are plenty who proves quantifiable loss or damage will not be restricted to a nominal sum and in this sense is entitled to recover substantial sum. However, until the loss of damages actually quantified the plaintiffs damages are large and the word a substantial does not signify that the large sum is always awarded.

Generally speaking, in actions for breach of contract, the court will identify the plaintiff’s loss or damage by reference to the position of the plaintiff following the defendants breach. Thus, the plaintiff must establish what has been lost, not what the defendant has saved or gained as a result the breach. For example, if a buyer of goods establishes a breach by non-delivery, but the market price of goods of the type which the seller agreed to deliver has fallen, the buyer is, primer facie, limited to the recovery of transaction costs because of I can go into the market and purchase equivalent goods for a lower price.

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.

Contract Law Made Simple: Why Consequential Damages Are Dangerous And How To Avoid The Danger

For the sale of goods, the Uniform Commercial Code defines consequential damages as follows:
“Consequential damages resulting from the seller’s breach include

(a) any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and

(b) injury to person or property proximately resulting from any breach of warranty.”

Keep in mind that paying consequential damages (for example, paying your losses for closing your factory for a month because the seller was late delivering critical machinery) might very well put the seller out of business. That’s why courts are very careful about awarding consequential damages because if they weren’t, people would be very hesitant to enter into contracts with each other because of the huge liability involved.

There are inherent limitations on consequential damages:

(i) The seller must have had reason to know of the “requirements and needs” – for example, that you need a grinding machine by June 8th or you’ll have to close down your factory. He doesn’t have to actually know, but only have reason to know.

(ii) The seller must have had reason to know at the time of contracting – so if you make a contract and later tell the seller “You gotta get me the grinding machine by June 8th or I’ll have to close down my factory”, you won’t be entitled to consequential damages if he doesn’t (note that you may well be entitled to expectation damages if he breaches the contract, but they’re likely to be a lot less than consequential damages would be).


(iii) The loss must not have been reasonably avoidable – if the seller told you he couldn’t get the grinding machine to you on time, and you could have bought another, somewhat more expensive one by June 8 but failed to do so, the seller won’t be responsible for your closure of your factory because you failed to mitigate your damages – in other words, you didn’t do everything you could to minimize your losses. The seller may very well be responsible for the extra money you paid for the more expensive grinding machine.

A later article will discuss clause (b) of the Uniform Commercial Code section cited above.

As a practical matter, though, when writing a sales contract it is always a good idea for a seller to add a disclaimer (in all caps) stating that he is not responsible for any consequential damages.

Courts will honor these clauses in most cases.

DISCLAIMER: The foregoing is intended for reference only and not as legal advice.

Agent Duties and Rights Under CONTRACT Laws

The contract which creates relationship of principal and agent is called agency. An agent is involving party to the contract of agency. He is merely connecting link. His authority can be revoked by the principal.

He is a person employed to do any act for another in dealing with third parties.

According to sec. 183
“Any person who is of the age of majority according to the law to which is subject, and who is of sound mind, may employ an agent.

According to Sec. 184 Contract Act.
“As between the principal and third person, any person may become an agent, but no person who is not of the age of majority and of sound mind can become an agent, so as to reasonable to his principal according to provisions in that behalf herein contained.

Following are the rights of agent.

It is basic right of an agent.

He has also right of commission.

An agent has right of line over goods until the payment in due is received by him.

An agent has right to retain goods, papers and other property until the amount due is paid.

In case of injury caused to agent by the negligence of principal may be compensated by him.

An agent has a right to be indemnified against liabilities falls on him.

He has right to indemnified against the consequences of act done in good faith even though it causes an injury to the rights of third person.



He has right of stoppage of goods in transit.

Following are the duties of an agent.

He should obey the instructions of the principal.

It is the duty of agent to conduct the business of principal.

He should maintain the accounts and show to principal on his demand.

If an agent has earned undue profit from the business he should return it to principal.

Agent should perform his duties as much skill and knowledge as is generally shown by ordinary prudence in similar business.

He should pay all sums to his principal received on his account.

He should not mix his account with the principal and maintain separate accounts.

He should protect the interest of legal heirs.

He should not delegate his authority to any other.

He should give all information to principal about the
matters of business.

He should not make any secret profit.

He should deal the business honestly. If he conducts the business dishonestly then he is not entitled to receive the reward of his services.

To conclude I can say that. An agent is authorized to create a contract between his principal and third party. An agent can be sued on his personal liabilities and the authority of an agent can be revoked.

Employment Contract High Wycombe Builds a Legal Relationship

Previously, the basic law seemed to esteem the requirement for a worker to be faithful and devoted and there was no obligation with respect to the manager to guarantee that the labourer had entry to monetary welfare and professional stability. In any case, it creates the impression that the basic law likewise imported the thought of an inferred commitment of shared trust and certainty in the middle of managers and representatives by means of anEmployment contract High Wycombe and that this example is clear in the statute of courts. It is contended by numerous legitimate researchers that the example of work law as it is managed by the regular law tends to support employers in that guilds are controlled with a suspicion of doubt and that the law has a tendency to embrace the estimations of preservationist political members, for example, columnists, government officials and senior civil servants.

An Employment contract Oxford accord could contain various things. Most importantly, it should unmistakably show who the contracting parties are and an announcement that both sides went into the agreement with capability and full assent. Assent and capability are fundamental components of an agreement and without it nothing in the understanding will be legitimate. The accord is void from the starting point. The accord should likewise contain the date when it was consummated and sign. This will be the premise of the initiation of the understanding and the advantages, obligations and liabilities that accompany it. This understanding must have terms or stipulations. In the event that the occupation is just a 5-year contract, such ought to be explicitly included in the agreement. What happens following 5 years, whether the business naturally closes or in the event that it is subject for reestablishment ought to likewise be in the accord.

In the advanced super adaptable economy where persons can and do change professions rapidly and routinely, there are couple of work environments with standard hours of work and there are expanding quantities of individuals occupied. In past times the idea of work law was that a man would do work for an executive in a solitary area, in a solitary occupation for a solitary employer. Presently specialists tend to work with a range of superintendents without a moment’s delay, frequently on low maintenance or easygoing premise. Likewise, there are currently countless who view themselves as independently employed. These patterns are clarified by the apparent yearning of labourers to claim adaptability in their working game plans. It likewise implies that more prominent effectiveness can be picked up from the force of innovation to permit teleworking. On the other hand, in spite of these progressions, there has not been a disavowal of the requirement for there to be a composed Employment contract

Impossibility of performance S.56.— Doctrine of Frustration Indian Contract Act

In contract law, impossibility is an excuse for the nonperformance of duties under a contract, based on a change in circumstances (or the discovery of preexisting circumstances), the nonoccurrence of which was an underlying assumption of the contract, that makes performance of the contract literally impossible. For such a defense to be raised, performance must not merely be difficult or unexpectedly costly for one party; there must be no way for it to actually be accomplished.

Under the doctrine of frustration a contract may be discharged if after its formation

events occur making its performance impossible or illegal, and in certain analogous



Section 56 defines two ways of impossibility of performance-

  • Initial impossibility.- agreement to do an act impossible in itself is void. For example to discover a treasure by magic, being impossible of performance is void
  • Subsequent impossibility- some time the performance of a contract is quite possible when it made, but subsequent circumstances make it impossible or unlawful.

For example – A made an agreement to B certain item, but after word Government make any law against that article.

Either the case the contract become void.

Doctrine of Frustration-

In Taylor v/s Caldwell- court held that –rule is only applicable when the contract is positive and absolute, and not subject to any condition either expresses or implied.

In the above case the contract had become physically impossible because of the disappearance of the subject matter. But the principle is not confined to physical impossibilities. It extends also to cases where the performance of the contract is physically possible, but the object the parties have in mind has failed to materialize.

Thus the doctrine of Frustration comes into play in two types of situation-

  1. 1. Performance is physically cut off.
  2. 2. Object of contract has failed.

In Satyabrata Ghose v/s Mugneeram Bangur & Co- SC held that Section 56 applied in both of the situations.

Specific Ground for Frustration

  1. 1. Destruct of Subject Matter- the doctrine of impossibility applies with full force” where the actual and specific subject matter of the contract has ceased to exist”.

Taylor v/s Caldwell is the best example of this class, where, a promise to let out a music hall was held to have frustrated on the destruction of the hall.

In Howell v/s Coupland- the defendant contracted to sell a specified quantity of potatoes to be grown on his farm, but failed to supply them as the crop was destroyed by a disease.

  1. 2. Change of Circumstances- where the circumstances arise which makes the performance of the contract impossible in the manner and at the time contemplated.

In Mehra  v/s Ram Chand om Prakash- Punjab high court held that . if that be the case, the change of circumstances not having been brought about by the fault of either party, the courts will not enforce the contract.

  1. 3. Non occurrence of Contemplated Event- sometimes the performance of a contract remains entirely possible, but owing to the non occurrence of an event contemplated by both parties as the reason for the contract, the value of the performance is destroyed. In krell v/s Henry is an apt illustrating. There , contract to hire a room to review a proposed coronation procession was held to have frustrated when the procession was postponed.
  2. 4. Death or incapacity of party- when a party to a contract excused from the performance due to death or incapacity of performance. It was held in Robinson v/s Davison- where a contract has been made for a pianist but due to illness she could not perform.
  3. 5. Government, Administrative or Legislative Intervention- A contract will be dissolve when legislative or administrative intervention has so directly operated upon the fulfillment of the contract for a specific work.

But where there such intervention is of a Temporary Nature, will not affect the performance of the contract.

In Satyabrata Ghose V/s Mugneeram Bangur & Co. SC, held the same.

  1. 6. Intervention of War- the intervention of war is also effect the performance of the contract.
  2. 7. Application of Lease- application of lease also consider the non performance of contract. But SC in Raja Dhruv Dev Chand v/s Raja Harmohinder Singh held that Section 56 of this Act is not applicable when the rights and obligations of the parties arise under a transfer of property under a lease.

Effects of Frustration-

it is well settled that if and when there is frustration the dissolution of the contract occurs automatically. It does not depend, as does rescission of a contract, on the ground of repudiation or breach, or on the choice or election of either party.

  1. Frustration should not be self induced- in order to attract the principle that a party is not entitled to rely on his own act in not fulfilling a condition subsequent and thereby bringing a contract to an end.
  2. Frustration operates Automatically- it must be operates automatically to discharge the contract irrespective of the individuals concerned, their temperaments and failing, their interest and circumstances.
  3. Adjustment of Rights- the rights of the parties are adjusted under Section 65 which laid down the principle of restoration of advantage obtain by other party under void agreement.


A pays B 1000 rupees in consideration of B’s promising to marry C, A’s daughter. C is dead at the time of the promise. The agreement is void, but B must repay A the 1000 rupees.

  1. Quantum Meruit Claim- claim under the well known English law doctrine of quantum meruit have been allowed by the courts under this section. The SC observed in state of Madras v/s Dunkerley & Co. that a claim for quantum meruit is a claim for damages for breach of contract. The value of the material used or supplied is a factor which furnishes a basis for assessing the amount of compensation. The claim is not for price of goods sold and delivered but for damages. That is also the position under Section 65. In another case –Alopi Prasad v/s UOI reasonable compensation was awarded on the implication of a contract. It will not displace an express stipulation on the point.

In a subsequent case SC explained that requirements  of the claim. The original contract must be so discharged by the opposite party that the plaintiff is entitled to treat himself as free from the obligation of further performance and he must have elected to do so. The remedy is not available to the party who breaks the contract even though he might have partly performed it.

The remedy is restitutory, it is a recompense for the value of the work done by the plaintiff in order to restore him to the position which he would have been in if the contract had never been entered into. In this respect it is different from a claim for damages which is a compensatory remedy. The court accordingly did not allow the claim of a contractor for extra payment on the ground that he had to procure the raw material from a remote location.

In state of Rajasthan V/s Associated Stone Industries- it is not as if Section 65 works in one direction only. If one party to the contract is asked to disgorge the advantage received by him under a void contract, the other party may ask him to restore the advantage received by him. The restoration of the advantage and the payment of compensation have necessarily to be mutual.

Become Void- Section 65 also covers the subsequent void contract, means when the contract made it was lawful subsequently become void or impossible. Any benefit which has been passed under the contract from one party to other must be restored. This is subject to the expenses which have already been incurred by the other party in the performance of the contract.


Business law questions and answers

Stuck on another business law case study!!?!??!?!?
Yep it’s me again! Please help me out on this one! John, a 17 year old student who looks much older ,orders $1500.00 worth of food for an end-of-VCE party. The food is duly delivered and consumed and John refuses to pay. What are the legal rights of the food supplier? I.

What is the main diference between concealment and nondisclosure in business law?
Knowledge of an event , communication, property, or intelligence that is concealed, with intent to conceal, from scrutiny or investigation, by any lawfull body or court. Nondisclosure is the knowingly withholding of information, intelligence , property, with the knowledge that the information, intelligence, property, is required.

Question about business law, i got ripped off by a lawyer?
my fiance’ and i run a computer tech. business, he went on a call, did the work, and the client (a lawyer) is ripping us off, she claimed that a loose wire caused her to have to call a different tech after we preformed the job, and has.

Wrongful termination and withholding of funds. Do I have a case?
The details are too long to post here, but if anyone reading has any knowledge of business law (preferably a lawyer), please email me and I will give you full details. Short summary: I was fired for not being willing to work on myday off (I am an.

A question about a case study for business law.What does the law state reguarding this particular matter?
Case study 1 Helen, age 17, wanted to buy a motorcycle. She did not have the money to pay cash but persuaded the dealer to sell a cycle to her on credit. The dealer did so partly because Helen said that she.

Is there a business law that prohibits intentional racism?
Macy’s denigration of whites just fuels the fire.,2933, law Consider the business that started this. Macy’s the ridiculous store that came to Chicago bought a profitable store – Marshall Fields – a pillar of the city, decides to sell only New York products because ‘everyone likes New.

Legal liability?
My business law professor used to say, ‘Neither officer, director, nor major shareholder shall I be.’ I recall officers, board of directors and major shareholders can be held personally liable for their actions in a corporation. Any truth to that? Well, if your Law Professor said it, there’s a good chance it’s true. – No, that’s not.

I have a question about business law class?

There exists – in the field of contract law – both contract and non-contract theories of recovery. Depending upon the particular fact situation, a party might file a lawsuit for breach of an express contract in fact or an implied contract in fact. These are both contract theories! A party might.

Please read and see if you can help me along.this is for a business law class.?
Using the Internet, locate and print out a company’s order form for one of its products. (1) Identify the web site where you located the order form. (2) Does the order form include a representation regarding the age or capacity of the person.

I need a good topic for a paper (6 Pages) about any aspect of business law. Any good ideas??
Any interesting ideas are appriciated. I will give the 10 points to the person who gives me a topic that I can use. Any websites with information will be helpful too. Thanks What about the whole issue with music piracy,.

BUSINESS LAW anyone any good with business law??
Ruth carelessly parks her car on a steep hill, leaving the car in neutral and failing to engage the parking brake. The car rolls down the hill and knocks down an electric line. The sparks from the broken line ignite a grass fire. The fire spreads until it reaches a barn.

Business law
I need a good topic for my business law essay. I can’t think of anything. I was going to do Walmarts discrimination against women in the workplace, but one, its not a very interesting topic and all the information I’ve found is the same. Any ideas for me? how about walmarts suit with the pharmacists, it.

How can one breach acontract?
This question is from business law as one my course unit and it was acourse work given to me tofind answers. My email address is Fail to fulfill the terms as contrated for. – By refusing or failing to carry out your obligations under that contract eg by failing to deliver goods (if.

I have a question about contract law.?
if i remember my business law class correctly if there is a contract between two parties and there are say 10 things in the contract that one party needs to abide by and they don’t abide by even 1 item in the contract. is this contract void? i thought a contract had.

Understand the Importance of Business Law

When a business is started, it needs to be registered with the law. Until or unless the company is not registered legally, it is not an authorized business to carry out the transactions. It can be accused as an illegal body as well. The owner may be punished for breaking the law as well.

Colorado business law states that, even if a company wants to merge with any other trade, a written contract is required to be made between them. Both the parties have to sign the agreement to show their consent for the same. The law covers a wide range of knowledge in which all the rules and regulations have been stated in detailed form. A variety of disciplines are explained in the law for various kinds of business fields.

All the aspects of trade are covered under the law. Starting from the registration of the business to hiring of employees and selling across various locations around the world is expressed in the regulation. A business may require a lawyer to help with the terms and conditions of the agreement with any other party. When the bidding for a tender or a project has to be carried out, all the rules of the law are followed and the lawyers are required to come up with various kinds of proposals to be presented to the other party. A company without a binding agreement may suffer huge losses sometimes.

Companies have to consider the business code of conduct whether they are dealing in domestic area or internationally. Failing to comply with the same is considered as a serious offence. For not obeying the rules and regulations, may sometimes lead to shutting down of the company.

If the business is carried out as an aspect of partnership, all the partners have to be registered within the Colorado business law. It offers to keep the interest of all the parties and make sure that their rights are not affected. Both the parties must have to agree and register their consent in the court. Those who do not fulfill the legal requirements may be taken to court for breaching the law.

Sometimes, the partnerships are landed in court just because of the disputes that arises because of violation of rules and regulations. The other reason could be more benefits available to the other party. The law states that all the conditions regarding the profit and loss sharing, investments need to be decided prior, and then a agreement has to be signed.

Before starting any business, the owner has to know about the codes, law and terms of reference. The law is applicable on every form and size of business. Whether it is a corporation, a sole proprietorship company, or any other form, they have to amend all the rules of Colorado business law. It also requires that every firm has to trade within the boundaries of the regulations.

Some companies may have to pay the penalties as well for not obeying the court’s order and those who do not abide by the law can be punished as well.

Business Law Knowledge That Is Integral To The Running Of A Company

It is essential to know about business law before starting a business, as it will help you operate your business without the hindrances of ignorance. It is better to seek the expert guidance of an accountant and an attorney to learn about the latest business laws that will affect your business. Below is a list of the most important business laws.

Business structure laws: There are different laws for different business entities. Be certain you learn about the business laws that govern the kind of business entity that you choose to start. The major types of businesses are C, S and closed corporations, limited liability companies, and sole proprietorships.

Zoning Laws: It is essential to know about zoning laws, as certain zones are restricted in certain areas. It deals with the kind or type of business allowed in certain areas, how the land surrounding a business is used, signboards, advertisements, and parking.

Licensing Laws: In order to operate a business certain licenses are required and there are some important business laws you need to know. If a business operates without these licenses, it is illegal and the business may be dissolved or forced to close.

Trademark and Patent Laws: These are laws that deal with ownership; intellectual property rights, and inventions. They are necessary to protect the business.

Employment Laws: These are laws regarding the hiring and firing of employees, their rights, compensation, safety, work place discrimination, child labor laws, overtime pay structure, disability laws and unemployment laws.


Tax Laws: This section deals with filing of tax returns and depends on the kind of business entity and the state the business operates in, sales tax. These include franchise tax, income tax and other state and federal tax requirements of a business. These are very important business laws you need to know before starting a business.

Environmental Laws: The government enforces the environmental laws for the discharge of hazardous waste and the recycling laws pertaining to the business.

Health Department Permits: This is necessary if your business deals with food products. You must get health department permits to operate your business.

Fire Department Permits and Air and Water Pollution Control Permits: There are laws that certain kinds of business entities must get permits from these departments to operate.

Beware Of Laws The list above contains basic business laws you need to know before starting a company. It is necessary to take precautions that you are not violating any law by operating your business. You must obtain all the necessary permits and licenses from the appropriate authority.

Additional Help There are firms that offer their services and products to help make the process of starting and running a business very simple and easy. There is also software to make sure your company remains legitimate.

Learn About Business Law – Make Sure Your Business is Legally Covered

It is important that if you operate a business you understand what the laws are involved. You need to make sure that you are covered with all business related legal issues that possibly could arise. It can be scary if you do not understand the laws of surrounded business but with a little education you can be up and running in no time. It is important that if you incorporate you fill out the proper forms so that legally you have a business entity. It is important that whatever transactions you have there is proper legal documentation to support them. It is always a good idea to find an attorney they can help you manage legal issues with your business.

Find Free: Business Law Help

Always make sure you check that all documents are legally correct so that you do not get sued. It is important to have some common knowledge of business law before you go into business for yourself. Once you have started your business you want to find an attorney that specializes in business law. This will help you so that you can keep all of your legal affairs in order. Having a lawyer who is knowledgeable about this area of law is important so that you do not have any legal trouble in your business.


Get: Legal Help Today

Remember before you start your own business you want to find out a little information about business law. When it comes to doing up contracts and other legal issues you need to find an attorney that can help you with your business. It is a good idea to interview 2 to 3 attorneys before making a final decision on which one you want to use. Try to stick with a lawyer who specializes in business law not someone who is a general attorney.

Fundamentals Of Business Law

UCITA stands for Uniform Computer Information Transactions Act and it is a states draft law for contracts. The National Conference of Commissioners on Uniform State Law drafted this model law to facilitate licensing of computer softwares; the most well known law is Uniform Commercial Code. Before the UCC and the UCITA, the commerce clause was used to regulate commerce in US with foreign nations, among the states and with the Native American tribes. The clause had emerged when Framers responded to the central problem giving rise to the constitution itself. The primary use of the clause was to preclude the kind of discriminatory state legislation that was once permissible. Commerce clause provided the congress with authority to conduct their business across different states.

The major differences between article 2 of Uniform Commercial Clause and UCITA are that UCITA facilitated licensing of intangible computer related intellectual property. The owners were permitted with the software that would maintain control over their intellectual property. Uniform Commercial Code harmonized the law of sales and other commercial transactions in all the fifty states of United States of America. The UCC achieved its goal by achieving substantial uniformity in commercial legislation and allowed the states to meet local circumstances.             UCC is noted to be the longest and the most elaborate as it has been in joint project with National Conference of Commissions on Uniform State Laws.(Anna,1998)

Together with UCC, the NCCUSL shares the responsibility to ensure there is fairness to software users. The drafting committee originally proposed a new article to the Uniform Commercial Code (UCC). This new article was referred to as UCC Article 2B or simply UCC 2B.the UCITA is controversial as it interferes with the US copyright Act by limiting what is referred to as “first sale doctrine”. This permits a purchaser a copy of a creative work of another, the right to resell that copy. To this extent, the UCITA may be regarded as unconstitutional.


Section 2-207 of the UCC indicates that the offeror or the offeree can survive commercial transaction where multiple forms with varying terms are exchanged. After analyzing whether UCC and the common law governs, the court try to find out which form constitutes the offer such as the purchase order. The UCC Article 2 is designed to facilitate the sale, shipment and delivery of tangible goods, i.e., movable personal property identified in a contract.

The UCC discourages the se of the legal formalities by making business contracts this allows businesses to move forward without the intervention of lawyers. A legal formality has been discouraging litigation by requiring some kind of ritual that can always provide a clear dividing line.

Sales and licensing are two different things as there can be sales of licenses or sale f packaged software which are today governed by UCC article 2. Article 2B established new rules that consumers thinks that are unfavorable for their small businesses. Sales creates a contracting structure where customers don’t get to see the terms of their software contracts not until they sell.UCC article 2B allows the seller to exclude incidental and consequential damages (2B-703) and that exclusion will stick even if the exclusive remedy provided by the contract fails of its essential purpose or is ruled unconscionable by a court (2B-703(c)). In doing this, Article 2B drops the Article 2 notion of a minimum adequate remedy.

Licensing is a legal act or process of selling or buying property rights to be in apposition to produce commodities by use of copyrighted properties. On the other hand, selling is the mechanical act of selling a product based on a copyright product. While licensing, the inventor gets the right to manufacture and sell the licensed product. Selling involves exchanging money for tangible goods.(John,1993)

UCITA and UCC shares common ground in terms of ideology. UCC enacts all stages regarding intellectual property while UCITA concentrates on innovation and competition. It also addresses the intangible aspects that are aligned with computer software and other things that are closely related. (Ring, 2001). Times have changed and UCC have to address many computer issues that are coming up.

Sources of international laws.

  • Multilateral treaties
  • International custom as evidence of a general practice accepted as law.
  • The general principles of law recognized by civilized nations.
  • Judicial decisions and the teachings of the most highly qualified publicists of the various nations.

Normal 0 false false false EN-US X-NONE X-NONE UCITA stands for Uniform Computer Information Transactions Act and it is a states draft law for contracts. The National Conference of Commissioners on Uniform State Law drafted this model law to facilitate licensing of computer softwares; the most well known law is Uniform Commercial Code. Before the UCC and the UCITA, the commerce clause was used to regulate commerce in US with foreign nations, among the states and with the Native American tribes. The clause had emerged when Framers responded to the central problem giving rise to the constitution itself. The primary use of the clause was to preclude the kind of discriminatory state legislation that was once permissible. Commerce clause provided the congress with authority to conduct their business across different states.

The major differences between article 2 of Uniform Commercial Clause and UCITA are that UCITA facilitated licensing of intangible computer related intellectual property. The owners were permitted with the software that would maintain control over their intellectual property. Uniform Commercial Code harmonized the law of sales and other commercial transactions in all the fifty states of United States of America. The UCC achieved its goal by achieving substantial uniformity in commercial legislation and allowed the states to meet local circumstances. UCC is noted to be the longest and the most elaborate as it has been in joint project with National Conference of Commissions on Uniform State Laws.(Anna,1998)

Together with UCC, the NCCUSL shares the responsibility to ensure there is fairness to software users. The drafting committee originally proposed a new article to the Uniform Commercial Code (UCC). This new article was referred to as UCC Article 2B or simply UCC 2B.the UCITA is controversial as it interferes with the US copyright Act by limiting what is referred to as “first sale doctrine”. This permits a purchaser a copy of a creative work of another, the right to resell that copy. To this extent, the UCITA may be regarded as unconstitutional.

Section 2-207 of the UCC indicates that the offeror or the offeree can survive commercial transaction where multiple forms with varying terms are exchanged. After analyzing whether UCC and the common law governs, the court try to find out which form constitutes the offer such as the purchase order. The UCC Article 2 is designed to facilitate the sale, shipment and delivery of tangible goods, i.e., movable personal property identified in a contract.

The UCC discourages the se of the legal formalities by making business contracts this allows businesses to move forward without the intervention of lawyers. A legal formality has been discouraging litigation by requiring some kind of ritual that can always provide a clear dividing line.

Sales and licensing are two different things as there can be sales of licenses or sale f packaged software which are today governed by UCC article 2. Article 2B established new rules that consumers thinks that are unfavorable for their small businesses. Sales creates a contracting structure where customers don’t get to see the terms of their software contracts not until they sell.UCC article 2B allows the seller to exclude incidental and consequential damages (2B-703) and that exclusion will stick even if the exclusive remedy provided by the contract fails of its essential purpose or is ruled unconscionable by a court (2B-703(c)). In doing this, Article 2B drops the Article 2 notion of a minimum adequate remedy.

Licensing is a legal act or process of selling or buying property rights to be in apposition to produce commodities by use of copyrighted properties. On the other hand, selling is the mechanical act of selling a product based on a copyright product. While licensing, the inventor gets the right to manufacture and sell the licensed product. Selling involves exchanging money for tangible goods.(John,1993)

UCITA and UCC shares common ground in terms of ideology. UCC enacts all stages regarding intellectual property while UCITA concentrates on innovation and competition. It also addresses the intangible aspects that are aligned with computer software and other things that are closely related. (Ring, 2001). Times have changed and UCC have to address many computer issues that are coming up.

Sources of international laws.

· Multilateral treaties

· International custom as evidence of a general practice accepted as law.

  • The general principles of law recognized by civilized nations.
  • Judicial decisions and the teachings of the most highly qualified publicists of the various nations.