A Spanish company A has transported dates from UAE to France and has not been paid by the consignor, company B, established in UAE. Their contract is governed by Spanish law. Therefore, A has sued in front of a French court, to be paid for the transportation, company C, French company established in France, recipient, based on article L.132-8 of the French Commercial Code.
Article L.132-8 French Commercial Code states:
“The bill of lading shall form a contract between the consignor, the carrier and the recipient or between the consignor, the recipient, the commission agent and the carrier. Carriers shall therefore have a direct claim for payment of their services against the consignor and the recipient who shall act as guarantors for the payment of the transport cost. Any clause to the contrary shall be deemed to be unwritten”. (attached the methodology)
1- What arguments may be presented by each party?
2- Would your opinion be similar if the dispute was solved by an arbitral tribunal in London?
Category: Law
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Title: “Legal Dispute between Spanish and French Companies over Non-Payment for Transportation Services”
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“Revised Demand Letter with Tracked Changes Based on Feedback”
In Word:
Review the comments on your Demand letter (from Dropbox feedback).
Insert and track changes made based on the comments.
Respond to each comment with the changes made.
Submit the new, revised document to Dropbox. (Important: Be sure to submit in Word format with Track Changes turned on.)
Make the changes from the comments with Track Changes turned on -
“Ethical Considerations in Program Evaluation: Duty Ethics as the Most Suitable Approach in the Criminal Justice System”
Guided Response: Review several of your colleagues’ posts and respond to at least two of your peers with at least one scholarly source. Decide whether you agree with them and explain.
Peer 1.
Within the sphere of criminal justice and the assessment of programs, ethical considerations are paramount to ensure the fairness, integrity, and ethical conduct of evaluations. McDavid et al. (2019) discusses three ethical systems in Chapter 12: deontological ethics, duty ethics, and consequentialism. Deontological ethics focuses on the inherent rightness or wrongness of actions, duty ethics emphasizes moral obligations and duties, and consequentialism assesses the morality of actions based on their outcomes.
For the program evaluation proposal on Mental Health Diversion Programs in the Criminal Justice System, duty ethics emerges as the most suitable ethical approach. Duty ethics, or Kantian ethics, highlights the importance of adhering to moral obligations and responsibilities regardless of the consequences (McDavid et al., 2019). In the context of criminal justice, duty ethics underscores the significance of upholding ethical principles, respecting individual rights, and ensuring fairness in the evaluation process. This ethical approach aligns with the values of justice, integrity, and respect that are essential in evaluating programs that impact vulnerable populations within the criminal justice system.
Moreover, duty ethics is well-suited for the criminal justice system as a whole due to its emphasis on moral duties and obligations. In this context, where decisions can have profound impacts on individuals’ lives and rights, duty ethics provides a principled framework for ethical decision-making. Evaluators in the criminal justice field are tasked with safeguarding the rights of participants, ensuring impartiality, and upholding ethical standards throughout the evaluation process. Duty ethics guides evaluators to prioritize ethical considerations, maintain transparency, and act in accordance with moral principles to promote fairness and justice.
While deontological ethics, duty ethics, and consequentialism are valuable ethical systems, virtue ethics can also be a compelling approach for criminal justice and program evaluation proposals. Virtue ethics focuses on developing moral character and virtues such as honesty, compassion, and integrity (Hursthouse, 2013). By embodying these virtues, evaluators can cultivate ethical behavior, promote the well-being of participants, and ensure the integrity of the evaluation process in alignment with the values of the criminal justice system.
In conclusion, duty ethics is the most appropriate ethical approach for the program evaluation proposal on Mental Health Diversion Programs in the Criminal Justice System and for the criminal justice system as a whole. This ethical system underscores the importance of moral duties, responsibilities, and ethical principles, guiding evaluators to conduct evaluations with integrity, fairness, and respect for all individuals involved.
References
Hursthouse, R. (2013). Virtue ethics. Stanford Encyclopedia of Philosophy. Retrieved from https://plato.stanford.edu/entries/ethics-virtue/Links to an external site.
McDavid, J. C., Huse, I., & Hawthorn, L. R. L. (2019). Program evaluation and performance measurement: An introduction to practice. SAGE Publications.
Peer 2. -
“Applying the IRAC Method: Legal Analysis of the Underlying Issues”
In these discussion boards,
each student must provide a legal analysis of the underlying issues.
A
proper legal analysis is presented in the Issue/Rule/Analysis/Conclusion (IRAC)
format:
Issue:
Identify the issue.
Rule:
State the applicable concept, law or rule.
Analysis:
Apply the applicable rule or law to the facts and circumstances as they are
presented in the article/case.
Conclusion:
State what the outcome should be based on the law and all available evidence. -
Title: “The Global Financial System and the Pipeline of Bankable Projects: A Critical Analysis”
Write a publishable essay. The length of the essay should be 5000
words at least using 16 point Times New Roman for your document, including
charts, tables and annexes. All sources should be documented, footnoted and a
list of references should be attached.
The topic : ‘Do you agree or not with this phrase « the global
financial system has the financial resources needed but we don’t have a
pipeline of bankable projects »? Use evidence from global, regional and local
data’.
The essay should be outlined as follows:
1. Introduction
2. Facts and evidence
3. Arguments, debates and controversies around the topic
4. Approach selected by the researcher with adequate
justification
5. Concluding remarks
Find below a few references from the ones mentioned during the
sessions; the list is not exclusive:
Business, Government and the SDGs:
https://link.springer.com/book/10.1007/978-3-031-11196-9
https://openknowledge.worldbank.org/bitstream/handle/10986/6507/449860PUB0Box3101OFFICIAL0USE0ONLY1.pdf (Page
68 and page 69 contain the brief list of bad ideas)
Brookings – Keys to Climate Action:
https://odi.org/en/publications/a-fair-share-of-climate-finance-the-adaptation-edition/ -
“Exploring the Impact of Social Media on Mental Health: A Critical Analysis”
Must be relevant to topic, it could be persuasive essay or expository essay. Avoid using first person pronouns. It must be APA format with 5 academic article references. Don’t use Wikipedia. Avoid using AI intelligence pls. Thank you!
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Title: The Legal Implications of Social Media Use in the Workplace Question 1: Issue: Can an employer legally terminate an employee for their social media posts? Reason: The use of social media has become increasingly prevalent in the workplace, raising
Please answer 2 question.
Please write a Papper in IRAC (ISSUe, Reason, Analysis , Conclusion) format.
3 page each question answer. -
“Exploring Affirmative Defenses: Differences between Justification and Excuse and the Requirements for an Insanity Plea”
The following discussion comes from your readings in Weeks 2 and 3. Outside research to address these issues is required. Use the online library for additional sources of information and research. In addition, I recommend utilizing the Legal Studies Program Guide.
Affirmative defenses fall under the categories of justification and excuse. Answer these questions:
1) Discuss the legal and practical differences between a justification and an excuse.
2) What is needed for an insanity plea to be approved by the courts? Give an example of a case that was approved for the insanity plea and the requisites behind that decision.
3) After Bill was arrested for robbery, his mental condition went from functioning to nonfunctioning. He no longer can help his lawyer defend him because he is no longer competent. What defense, if any, does Bill have to the charge of robbery? Will he be successful?
4) How did conducting research and going through each step of legal analysis help you to reach this conclusion? Analyze how you applied critical thinking and legal analytical skills to assist you in this regard. What new research and/or analytical tool or method did you try for the first time this week? What do you think you do well and what would you like to strengthen so that you continue to improve?
5) Collaborate with each other as the week goes on to make all aspects of this Discussion as robust as possible -
“The Power of Choice in Relationships: Why Understanding and Navigating Relationship Choices is Essential for Personal Growth and Fulfillment”
Prepare a 10-15 slide presentation about a topic discussed in the text book that you found to be most important to you. -Discuss the issue -Why it is important -Why an individual would benefit from this topic -How it can the topic impact an individual and or a relationship Title: Choices in Relationships ISBN: 9781071870204 Authors: David Knox, Caroline Schacht, I. Joyce Chang Publisher: SAGE Publications Publication Date: 2023-02-22
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“Leveraging an ISDS Advisory Centre to Address Dispute Challenges in Indonesia: Case Studies, Proposed Models, and Implementation Strategies”
These are the parts I need help with. I have started half o chapter 2.
D. Examining Successful Models and Recommendations for ISDS Integration
1. Case Studies of Successful Integration
i. Analysis of Existing Models (look into WTO, ICSID< OECD, UNCTAD) 2. Proposed Operational Models i. Centralized Advisory Centres ii. Decentralized Advisory Centres iii. Hybrid Model CHAPTER III LEVERAGING THE ISDS ADVISORY CENTRE TO ADDRESS DISPUTE CHALLENGES FOR INDONESIA AS A HOST COUNTRY A. Specific ISDS Challenges Faced by Indonesia 1. Case Studies of Past Disputes i. Notable cases and outcomes (3 cases) 2. Current Legal and Institutional Framework B. Potential benefits of an ISDS Advisory Centre for Indonesia 1. Improving Access to Legal Resources 2. Ensuring Consistency 3. Streamlining Procedures 4. Enhancing Transparency C. Implementation Strategies for Indonesia 1. Aligning National Policies with Advisory Centre Objectives 2. Engaging with the Advisory Centre i. Membership and Participation ii. Collaboration with Other Member States 3. Monitoring and Evaluating Impact i. Setting Performance Metrics