Tribunal

decision also provides insight to the proper relationship between administrative decisions and the protection of fundamental rights and freedoms in Canada. Given the Charter the charter has existed for over two decades, both courts and administrative tribunals have not yet clearly defined the exact boundaries between numerous rights and freedoms contained therein. Looking at individual’s rights and freedoms, these can be affected through the decisions of…

The book; Eichmann in Jerusalem: A report on the Banality of Evil by Hannah Arendt presents the various irregularities of authority and procedures to render a legal judgment in the trail of Eichmann. Moreover, in this paper, I will be discussing the question of whether justice was attainable in the case Adolf Eichmann, also, I will further examine and outline the strengths and limitations of achieving justice in such cases. As well as outline the meaning of the phrase “Banality of evil”. Lastly…

Good faith has been a consistent argument in the rulings of ICJ and other international tribunals. The ICJ on the matter concerning the admission of two new member states to the UN, expressly held that the principle of good faith limited the admissible exercise of discretion. Further in the North Sea Continental Shelf Case, the court (ICJ) based…

under the declaration of war It is fair to say that the the 2001 AUMF has given the Executive branch some of the strongest military powers in the history of the United States. This authorization has allowed “lethal force as a first resort, military tribunals, and detention without charge or trial.”…

While Speer escaped the hangman’s noose, Rudolph Hess played the psychotic amnesiac. Whether he was truly suffering from a variety of psychosis or not, however, he convinced the Tribunal that he was mentally unfit. This defense was successfully used by Shumei Okawa during his trial in Tokyo and was considered as unfit by Major Kelly. Instead of spending time in prison like Hess; Okawa was sent to a psychiatric hospital for less than two years and was released. While the proceedings of the…

later became a place where nearly two million people died, including family members. The perpetrator was the Khmer Rouge. They forced around two million people in Phnom Penh and other cities into the countryside to handle agricultural work (Cambodia Tribunal Monitor). People who refused to leave, didn’t leave fast enough, and those who didn’t obey the orders were killed. Children were taken from their parents and were placed in forced labor camps. Buildings like schools, hospitals, and factories…

In the Autoclenz vs. Belcher case, a different aspect was revealed regarding the employment contract. Autoclenz had a team of 20 car valeters who were self-employed contractors and responsible for buying own uniforms and materials from the company, along with paying insurance. After a period of time Autoclenz revised the employment contract adding a substitution clause centred towards the right to recruit others and right to even refuse work. The contract outlined that the relationship among…

Later, the occupying Allies also held trials of lower-level Nazi officials who had been captured. Some have criticized the Nuremberg Trials, saying that the International Military Tribunal was not a true court of law, since it did not have the authority of a world government to back it. These critics of the trials view them as a simple act of vengeance-the winners punishing the losers. Others insist that the trials were legal, however…

constitutes an indirect expropriation, there exists some approaches to determine whether indirect expropriation occurs or not. The following is the domain doctrines in the term of indirect expropriation. 3.2.1 Police Power Doctrine A number of tribunals have attempted to restrict the nature of the protection so that States will not be subject to claims for compensation where the regulation, which might otherwise be tantamount to expropriation, is for a proper public purpose and is…

While the role of the law is to maintain order and achieve justice, often times, such as in cases involving mental illness, the operation of justice can involve ethical, legal, social, and medical issues which creates arguments about the balance of rights relating to effective treatment and lack of insight. Many of these issues arise when the subject of involuntary detention and treatment of mentally ill persons is discussed. Mentally ill people suffer from some of the greatest challenges of…