Abstract
This paper considers international law in relation to domestic law by analyzing to what extent international law constrains states in their actions and how it applies in different ways to different states. It looks at how international law is concerned with the regulation of the behavior of states not individuals while in domestic law, individuals are the principle legal subjects.

From the Paper
"Under most domestic legal systems the legal subjects, that is the citizens, enjoy considerable freedoms in private transactions. One can enter into agreements with others, create companies or associations and undertake many other actions. However this contractual freedom is not without constraints. Transactions cannot be made that contravene public order or some form of moral standards - they will be declared null and void. Every domestic system has a set of values that cannot be ignored by individuals, even when engaging in private transactions."

Tags:charter, power, sanctions, domestic

Abstract
Our society needs and survives by information. The governments can rule and protect the flow of personal data when private sector is involved, but they cannot renounce to the decisive source of power of our society. The paper shows that the reduction of our right to be left alone was already an ongoing process. It discusses the forecast for a post-September 11 world, what the actual interaction between power, society and technology is, how privacy is threatened and what remains of our right to be left alone.

Table of Contents:

Introduction
Concept of Privacy
Governmental Surveillance
Authoritarianism and Technology
The Great Fear - Security Measures after September 11
The United States
Europe
Worldwide Scenario
Black Surveillance - Intelligence Actions and Projects
Surveillance Connection - Private & Public and The Global Database
The Daily Intrusion into the Average Man's Privacy
Protecting Privacy - Human Rights Advocates' Activity and Privacy-Enhancing Strategies
Conclusions

From the Paper
"Different resources can be used to find if our computers are running spyware software: spyware lookup databases, such as Spychecker , allow to check whether the free software we are about to download comes with spyware software; Ad Aware from Lavasoft is a free utility that scans the memory, registry and hard drive for spyware; OptOut of SpinRite is a free software that cleans the system registry of spyware.
Furthermore we can route our communications through anonymizers which are technology permitting to hide our identity on line. Among the different resources available Anonymizer is an anonymous browsing service and its technology blocks cookies, Java and JavaScript, encrypts cookies, email, and Web addresses in the user's browser history and conceals the user's identity while the user chats and browses the Internet. Other anonymizing tools are SuperProxy platform System from Lumeria and ZeroKnowledge Freedom WebSecure."

Tags:database, fbi, patriot, surveillance

Abstract
This paper examines how EC law derives from four primary sources-- the EC Treaty, subsidiary treaties, secondary legislation and the decisions, opinions and principles of the ECJ. It looks at how each of these impacts on the national law of member states on a substantive and procedural level. In order to analyze the nature of this relationship, the effect of each source of EC law on national law is considered, with the influence of the ECJ discussed where relevant.

From the Paper
"A significant effect of the Treaty on national law has developed consequent to an Article 234 ruling in van Gend en Loos . Following a referral of the Dutch Tariefcommissie to the ECJ on whether Article 25 of the Treaty has direct application within a Member State, the ECJ ruled that it "produce direct effects and individual rights which national courts must protect". The criteria established for a Treaty Article to have "direct effect" required it to be "clear, negative, unconditional, containing no reservation on the part of the Member State, and not dependent on any national implementing measure" . The ECJ's interpretation of this Article allowed it to create an entirely new legal concept, which has allowed individuals to rely on rights and obligations conferred by the Treaty in national courts. "

Tags:appeal, commission, council, court, lords, national, parliament

Abstract
This paper examines how the judges in the case Litster v Forth Dry Dock, employed the four commonly accepted rules of statutory interpretation: the literal rule, the golden rule, the mischief rule and purposive construction. It looks at how the case itself concerned a claim of unfair dismissal by twelve employees of the insolvent Forth Dry Dock & Engineering Co., dismissed from their jobs one hour prior to the transfer of the business to Forth Estuary Engineering Ltd. It also focuses on the view that the primary use of purposive construction enabled the judges to reach a decision which may not have been possible with the three more traditional approaches.

From the Paper
"The literal rule, perhaps the most fundamental and commonly used "rule" of statutory interpretation, suggests that a judge must adhere to the exact wording of a statute, based on the premise that courts are limited in their interpretive discretion. Even in such cases as Stock V Frank Jones, in which the clear wording of legislation relating to strike action led to a seemingly unfair judgement, application of the literal rule was unavoidable, as explained by Lord Edmund-Davies - "dislike of the effect of a statute is no reason for departing from its plain language" . In Litster, it is clear that the literal rule had been applied by the Court of Session, which deemed that the applicants had not been dismissed "immediately before" the transfer, and then used this as the basis of their ruling to obviate the transferee of any responsibility to them."

Tags:appeal, lords, mischief, golden, rule, literal, mischief

Abstract
This paper examines Article 28, while appearing relatively clear on first reading, has proved problematic and therefore produced a string of case law and discussion, which continues on today. It looks at how, in order to define the term "measure equivalent to a quantitative restriction", (MEQR) one needs to trace the problems and decisions arising from this issue and discusses it in three different sections. It begins with the definition of an MEQR as it stood in the cases prior to Keck and Directive 70/50 and then explores the changes created by the decision in Keck and other cases which followed this judgment. Finally, it examines decisions post Keck and the fact that they have largely regressed to the decisions taken before this case.

From the Paper
"MEQR's can essentially be split into two categories; those that directly or indirectly discriminate against imported goods, and those that are "indistinctly applicable" to the sphere of Article 28. In the former category, one of the bigger decisions is that of Dassonville , which continued to be used in many subsequent cases. The case concerned a Belgian law stating goods bearing a designation of origin must be accompanied by a certificate from the government of the exporting country certifying their right to that designation. Dassonville were a French company who exported Scotch Whiskey and they appealed that it would be very difficult for third party exporters to obtain such a certificate in respect of goods already in free circulation in the third country. The ECJ upheld the Dassonville appeal, stating that the law would impose a greater burden on those seeking to import goods into Belgium, and would therefore hinder free movement, and is consequently a MEQR as prohibited by the Treaty."

Tags:cassis, commission, dassonville, dijon, keck, rewe, supremacy

Abstract
This paper deals with Somaliland's claim to self-determination by an examination of the resolutions of the General Assembly and opinions of the international crisis group. It also seeks to examine what makes a state in the legal sense and what legal requirements are necessary to have soveriegnty. The idea of terrritorial integrity is also discussed at great length as well as the opinions of the International Court of Justice.

From the Paper
"If Somaliland is basing its claim for independence on self-determination then it is possible to argue that Somaliland is edging towards what has been described by Martti Koskenniemi as the romantic idea of self-determination rather than the purely legal idea. In saying this, what is implied is that the inhabitants of Somaliland see the state of Somalia as failing and they wish to breathe new political life into their state. In fact the ICG has gone as far as to describe Somalia as a "failed state" . This type of argument goes against the traditional legal opinion, this viewpoint attempts to reconcile claims of self determination with statehood by dealing with them as claims for national minorities to participate more fully in public life. This could also be argued as being true in the case of Somaliland, the dominance of the Mogadishu government in areas such as the police force and the military could be seen as a basis for their claims of statehood."

Tags:un, general, assembly, court, of, justice

Abstract
The paper examines three key areas in which the Genocide Convention has been frequently criticised: the limited scope of its definition of genocide; the significant difficulties associated with its 'special intent' requirement and its ineffective system of enforcement. The paper explains that the Convention was a product of the post-WWII era and its flaws stem clearly from policy issues of that time. The paper maintains that this provides a solid justification for revision of the Convention nowadays.

Outline:
Abstract
The Limited Scope of the Definition of Genocide
The 'Special Intent' Requirement
Enforcement of the Convention
Conclusion

From the Paper
"In 1944 Raphael Lemkin, a Polish Professor of International Law coined the term 'genocide' and then campaigned relentlessly to have it recognised as an international criminal offence after losing many family members to the Holocaust . His action combined with the "universal moral revulsion" felt towards the atrocities committed by the Nazi regime led to the Genocide Convention being drafted in 1948; however, universal condemnation of the recent past and the demonstration of a global commitment to a future which would be based upon the concept of human rights necessitated widespread acceptance of the treaty terms by U.N member states - this was of course especially so in the case of the major powers."

Tags:treaty, human, rights, 'special, intent', enforcement, United, Nations, Rwanda, Tutsi

Abstract
This paper discusses the main challenges involved in formulating and instigating foreign relations policies and decisions within the European Union (EU). It looks at the reasons why these problems and challenges occur and discusses the best ways to overcome the difficulties. The paper presents specific examples to explain the current situation.

From the Paper
"As such, the solution is a simple one in theory though enormously difficult in practice. In order for the European Union to carry out foreign relations in a manner which fit its theoretical global position, much higher levels of integration is required. A concrete and vital start to this process would be the establishment of a Union wide constitution capable of acting as the ultimate authority. However, both this and further measures to ensure the effectiveness of collective action outside the Union would require the large scale removal of sovereignty from individual member states to the central Union authority. Opposition to such moves would be considerable and thus given its fragmented mature, it is unlikely that the European Union will be able to act in such a way for some time to come."

Tags:authority, security, gloablization

Abstract
The paper looks at how the NATO intervention in Kosovo in 1999 and the U.S./U.K. led intervention in Iraq have created new problems for international lawyers and academics alike. It debates whether there is a doctrine of humanitarian intervention and a doctrine of pre-emptive self defence. It examines the various security council resolutions and discusses whether the interventions in Kosovo and Iraq were legal given the lack of security council approval. It also analyzes the effects of military action in Afghanistan and whether or not there is a doctrine of pre-emptive self defence since September 11th.

From the Paper
"The NATO intervention in Kosovo on the 23rd March 1999 lasted seventy nine days and the use of force in this situation divided world opinion and the differing reactions since then have continued to be split over the legitimacy of humanitarian intervention. Of those who supported the action the United Kingdom and the United States were the two strongest advocates of the action. One of the primary aims of the United Nations Charter is to protect the human rights of all people and in Kosovo the human rights of many Kosovar Albanians were being infringed upon by the excessive use of force by the Serbian security forces and the Yugoslav army. This forms part of the basis for establishing a new international doctrine of humanitarian intervention."

Tags:afgahanistan, 9/11, security, council, un

Abstract
This paper examines the concept of conventions, in particular those relating to responsibility within the British government and the cabinet. It comments on the effectiveness of the concept as a means of restraining executive power. The paper examines the role of the House of Lords in terms of the recent changes and proposed reforms.

From the Paper
"In Britain we have an unwritten constitution, which involves a number of non-legal conventional rules. These conventional rules mostly deal with the major responsibilities of government and it could be said that in general they are rules of non-legal accountability. Therefore, accountability of government is widely based on conventions and these conventions will discuss in detail, particularly those relating to the accountability of both government ministers and members of parliament."

Tags:accountability, government, britain, cabinet, executive, power, england