Tribunal Essays

Unit 5 1a) Employment Tribunal procedures both before and after the hearing Even though you have received a notification letter that a former employee has made a claim for unfair dismissal, I would suggest sending a letter to the employee, offering conciliation through ACAS. Conciliation can help resolve a dispute without the need of a tribunal hearing. An agreement called COT3 reached with the assistance of ACAS to resolve a tribunal claim is legally binding on the parties and removes the claimants

Critical Evaluation and Where to Next Doing a critical evaluation on my current level for understanding, ability and comfort in using te reo me ngā tikanga Māori, is something I have never thought about. I am an open-minded person willing to try anything, attentively listen and respect different perspectives while ensuring I stand up for my own beliefs and values. I was made aware of Te Tiriti o Waitangi at intermediate and I have been building upon my knowledge since my Open Polytechnic journey

The Beggar's Opera (1728) by John Gay has undergone many critical examinations. There are many various views on the "hidden agendas" that led to its creation. Examples include the satire on the political sphere like Walpole and his statesmen, or the social sphere with the biased law system due to the inequality between the rich and the poor. Or even the satire on Italian Operas being too dramatic. The formation of this opera eventually led to the term "Ballad Opera" being coined; considering the

Discuss the impact of the introduction of Christianity on Māori society. Pre-colonial Māori society was a complex territorial based tribal system that consisted of autonomous hapu, or sub tribe, that ruled New Zealand in affiliation with larger iwi (tribes). Whakapapa (genealogical structure) governed that the te taha kikokiko (physical world) and te taha wairua (spiritual world) were inextricably linked, an important factor that influenced social and political interactions at the time. In the early

Ferjo v. Ontario Human Rights Tribunal, 2011 HRTO 222 Purpose: Kimberley Ferjo commenced an application against the Ontario Human Rights Tribunal for sexual discrimination. The tribunal had to determine whether Mrs. Ferjo faced discrimination after being previously denied legal representation and if her application should be dismissed. Facts: Mrs. Ferjo acted as a representative and witness for VideoComm Technologies during a hearing before the Ontario Human Rights Tribunal. The hearing was based on

“What I am about to relate is anything but a pleasant story… For it is a story of such crime and horror as to be almost unbelievable… I believe it has no parallel in modern history.” These are words taken from the diary of George Fitch, one of the heroic leaders of the Nanking Safety Zone in Nanking, China. What happened there during the six weeks of Japanese occupation in December 1937 during the Second Sino-Japanese War is one of the foremost atrocities ever committed in the history of humankind

International Tribunal. This charter was an agreement between the governments of the allied powers, Britain, France, The USSR, and the United States. Each of the allied parties was to give one delegate to serve as

PARTY AGREEMENTS ON CONFIDENTIALITY. Part autonomy, should be respected at all cost except in defined situations. To solve the double standards of arbitral confidentiality, the contracting parties must play the golden rule. Arbitration is rested on the agreement of the parties. Meaning, we cannot have arbitration if the parties haven’t agreed on it. How does this issue solve the conflicting views? Parties should be mature and reasonable enough to state want they want in their arbitral agreement

Models for allocating adjudicative competences Relative to the relationship and interaction between international or internationalized court/tribunals and domestic criminal courts, a number of generic models for allocating adjudicative function are conceivable. Both layers can relate to each other either through a system of mutual exclusivity or through a system of shared adjudicative function

a matter of dispute settlement more and more comfortable. Second, in three cases the parties agreed after the proceedings had been initiated to refer the case to ITLOS rather than proceed to arbitration. Third, in only one case did the arbitral tribunal find that it had no

THE NUREMBERG AND TOKYO TRIBUNALS The two tribunals expressed the principle that International Law may impose obligations directly upon individuals. As observed by the Nuremberg tribunal following the second World War ‘Crimes against International Law are committed by men and NOT by Abstract entities and therefore only by punishing individuals who commit such crimes can the provisions of International Law be enforced’. THE NUREMBERG TRIBUNAL Despite this early use of the term, the first prosecutions

over half a million people. By July, roughly three-quarters of the entire Tutsi minority and thousands of moderate Hutu’s had been exterminated. In response, on the 8th of November, that same year, the Security Council established an international tribunal with the purpose to prosecute individuals responsible for “[g]enocide and other serious violations of international humanitarian law committed in the territory of Rwanda, or by Rwandans in neighboring countries, between the 1st of January 1994 and

Kramer and was written by Abby Mann based on a true story of a tribunal that happened in Nuremberg, Germany in 1948 until 1949. The film with 179 minutes duration shows us the tribunal to trial four NAZI judges who were very famous in the NAZI era. They were Dr. Ernst Janning, (Burt Lancaster), Emil Hahn (Werner Klemperer), Warner Lampe (Torben Meyer) and Friedrich Hofstetter (Martin Brand). The judges who were presiding in the tribunal were Judge Dan Haywood (Spencer Tracy) with two other judges who

all her personal hygiene and activities of daily living. But RMOC gave totally different opinion that she is totally dependent and it was based on hypothetical person with similar disability. Tribunal thought that it was bound to accept the Medical Officer’s opinion but in reality it is not. The Tribunal is not bound by technicalities, legal forms or rules of evidence and shall act according to substantial justice and the merits of the

(Jackson, page 4). The USSR, France, United States, and Britain agreed that the having a trial was the best to deal with the war criminals of the European Axis powers (The Gale Group, par 1). The London Charter created the International Military Tribunal (IMT), which were the four chief prosecutors of the Nuremberg trials (Jackson, page 4). Robert H. Jackson was representing the United States, Francois de Menthon representing France, Roman A. Rudenko

and sovereignty over territory in the South China Sea. China also states that a deal was struck with the Philippines through negations that settled this issue, and in doing so, the Philippines should not have had the right to file the case with the tribunal.

what constitutes a war crime officially documented in the United Nations General Assembly Resolution 177. These principles were developed and resulted from the Nuremberg trials that started in 1945 with the creation of the International Military Tribunal (IMT). Principle three will be the main focal point of this essay. Principle three entails the idea that heads of state and government officials can be tried under international law, if they are responsible for the acts that constitute a crime. In

OVERVIEW: Arbitration holds great advantages over litigation; it permits your choice of tribunal, privacy, venue and laws adopted. It allows for quicker dispute resolution intended to cut costs and time while preserving good business and personal relations . Determining the cost of arbitrary sessions is sometimes considered eristic and may prove deleterious to the entire process. I term it the ‘Rose in Thorn Bushes’ concept. QUESTION 1A: With Particular Reference to the Relevant Sections of the

4 ABA/AAA Code of Ethics for Arbitrators in Commercial Disputes was. Was gained back in 1977, was proved and recommended by ABA/AAA, the use of commercial arbitration to solve a huge number of disputes has developed significantly and become a part of the system of justice on legal society relies for adjuster determination of legal rights. There are several cases have been arisen regarding unethical behaviors by commercial arbitrators, though the American Bar Association (ABA) consider the interest

to Confederates to win the Civil War, but while doing so he made many decisions that were unconstitutional. The emancipation proclamation went directly against the fifth amendment, suspending habeas corpus was not within his powers, and military tribunals that he set up should not have been allowed to try citizens in place of normal courts. The Emancipation Proclamation directly went against the Constitution, along with being just plain hypocritical. At that time, slaves were property. The fifth amendment