Here is what to do if you must do if you are in legal jeopardy

• If the law law is on your side, argue the law
• If the facts are on your side, argue the facts
• But what if neither the law nor the facts are on your sida, then
• Relying on Human Rights might be an optional argument before a judge

Abdulkadir Ahmed Mohamed,jurist

www.amjurisconsultus.se

Dec. 5, 2020

Professor Mathias Forteau of France , an ad hoc judge for Kenya

When pundits evaluate the performance of legal actors, predict legal outtcomes and assess their legal accuracy and public acceptbility. They perform functions as story-telling and narrative analyssis that assign blame, credit and responsibility. It permits media to attribute meaning to lega events while simumteneously preserving the media´s professional stance of objectivity. Such explanations of legal principles and procedures, however, are the media's version of foreplay. What the media really wants to know from its pundits is which lawyers are doing a good job, which ones are screwing up, and which party will ultimately prevail in the courtroom and in the court of public opinion. Responding to such "scorecard" inquiries raises troubling questions about the pundit's competence and ethics. Nothing is wrong to cooperate if the media is seeking an explanation of some legal institution, procedure, or issue on which there is some expertise. After all, why shouldn't a former criminal defense attorney who teaches and writes about the criminal law use his knowledge to help the media describe and explain the legal system's principles and procedures in ordinary digestible English/language? Webster's Dictionary defines "pundit" as "a learned man: teacher. If I am a teacher for example and the opportunity to educate such a vast audience is really hard to resist. 

Abdulkadir A. Mohammed, jurist

CORPUS JURIS CIVILIS AND THE CODIFICATION OF ROMAN LAW

POLITICS 

INTERNATIONAL COURT OF JUSTICE 

Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928 Website: www.icj-cij.org Twitter Account: @CIJ_ICJ
Press Release
Unofficial


No. 2017/5
2 February 2017


The Court finds that it may proceed with the maritime delimitation between Somalia and Kenya in the Indian Ocean

THE HAGUE, 2 February 2017. The International Court of Justice (ICJ), the principal judicial organ of the United Nations, has today delivered its Judgment on the preliminary objections raised by Kenya in the case concerning Maritime Delimitation in the Indian Ocean (Somalia v. Kenya), in which it finds that it may proceed with the maritime delimitation between Somalia and Kenya in the Indian Ocean.

I. FACTUAL BACKGROUND
The Court notes that Somalia and Kenya, adjacent States on the coast of East Africa, are parties to the United Nations Convention on the Law of the Sea (UNCLOS). Under Article 76, paragraph 8, of UNCLOS, a State party to the Convention intending to establish the outer limits of its continental shelf beyond 200 nautical miles shall submit information on such limits to the Commission on the Limits of the Continental Shelf (CLCS). The role of the CLCS is to make recommendations to coastal States on matters related to the establishment of the outer limits of their continental shelf beyond 200 nautical miles. With regard to disputed maritime areas, the CLCS requires the prior consent of all the States concerned before it will consider submissions regarding such areas. The Court recalls that on 7 April 2009, the Parties signed a Memorandum of
Understanding (MOU), agreeing to grant to each other no-objection in respect of submissions made to the CLCS on the outer limits of the continental shelf beyond 200 nautical miles. Paragraph 6 of the MOU further provides that: “[t]he delimitation of maritime boundaries in the areas under dispute . . . shall be agreed between the two coastal States . . . after the Commission has concluded its examination of the separate submissions made by each of the two coastal States and made its recommendations . . .”. In the following years, both Parties raised and withdrew objections to the consideration of each other’s submissions by the CLCS. Those submissions are now under consideration. On 28 August 2014, Somalia instituted proceedings against Kenya before the Court, requesting the latter to determine, on the basis of international law, the complete course of the single maritime boundary dividing all the maritime areas appertaining to Somalia and to Kenya in the Indian Ocean, including the continental shelf beyond 200 nautical miles. As basis for the Court’s jurisdiction, Somalia invoked the declarations recognizing the Court’s jurisdiction as compulsory made by the two States. Kenya, however, raised two preliminary objections: one concerning the jurisdiction of the Court, the other the admissibility of the Application.

II. THE FIRST PRELIMINARY OBJECTION:

THE JURISDICTION OF THE COURT
In its first preliminary objection, Kenya argues that the Court lacks jurisdiction to entertain the present case as a result of one of the reservations to its declaration accepting the compulsory jurisdiction of the Court, which excludes disputes in regard to which the parties have agreed “to have recourse to some other method or methods of settlement”. It asserts that the MOU constitutes an agreement to have recourse to another method of settlement. It adds that the relevant provisions of UNCLOS on dispute settlement also amount to an agreement on the method of settlement.

A. The Memorandum of Understanding

The Court first considers whether the MOU falls within the scope of Kenya’s reservation. Having examined the legal status of that instrument under international law, it concludes that it is a valid treaty which entered into force upon signature and which is binding on the Parties under international law. The Court then proceeds to interpret the MOU. 

The Court begins by observing that the object and purpose of the MOU was to constitute a no-objection agreement, enabling the CLCS to make recommendations notwithstanding the existence of a dispute between the Parties regarding the delimitation of the continental shelf. It then examines paragraph 6 of the MOU, in order to establish whether it contains an agreed dispute settlement method. The Court notes that the provision in question relates solely to the continental shelf, and not to the whole maritime boundary between the Parties, which suggests that it did not create a dispute settlement procedure for the determination of that boundary. It also observes that the text of the sixth paragraph reflects that of Article 83, paragraph 1, of UNCLOS, suggesting that the Parties intended to acknowledge the usual course that delimitation would take under that Article, namely engaging in negotiations with a view to reaching agreement, and not to prescribe a method of dispute settlement. It further points out that the Parties accept that the sixth paragraph did not prevent them from undertaking such negotiations, or reaching certain agreements, prior to obtaining the recommendations of the CLCS. Finally, it notes that the MOU repeatedly makes clear that the process leading to the delineation of the outer limits of the continental shelf beyond 200 nautical miles is to be without prejudice to the delimitation of the maritime boundary between the Parties, implying that delimitation could be undertaken independently of a recommendation of the CLCS. The Court concludes from the foregoing that the MOU does not constitute an agreement by the Parties “to have recourse to some other method or methods of settlement”. Therefore, it does not fall within the scope of Kenya’s reservation to its declaration recognizing the Court’s jurisdiction. 

B. Part XV of the United Nations Convention on the Law of the Sea The Court next considers whether Part XV of UNCLOS (entitled “Settlement of disputes”) amounts to an agreement on a method of settlement for the maritime boundary dispute within the meaning of Kenya’s reservation. It focuses on Article 282 of the Convention in particular, which, while making no express reference to an agreement to the Court’s jurisdiction resulting from optional clause declarations, nevertheless provides that an agreement to submit a dispute to a specified procedure that applies in lieu of the procedures provided for in Section 2 of Part XV may not only be contained in a “general, regional or bilateral agreement”, but may also be reached “otherwise”. The Court is of the view that the phrase “or otherwise” in Article 282 encompasses agreement to the jurisdiction of the Court resulting from optional clause declarations. It concludes from this that under Article 282, the optional clause declarations of the Parties constitute an agreement, reached “otherwise”, to settle in the Court disputes concerning the interpretation or application of UNCLOS, and that the procedure before the Court shall thus apply “in lieu” of procedures provided for in Section 2 of Part XV. Accordingly, this dispute does not, by virtue of Part XV of UNCLOS, fall outside the scope of Kenya’s optional clause declaration.

III. THE SECOND PRELIMINARY OBJECTION:
THE ADMISSIBILITY OF SOMALIA’S APPLICATION

The Court recalls that, according to Kenya, the Application is inadmissible for two reasons. First, Kenya argues that the Parties had agreed in the MOU to delimit their boundary by negotiation only after the completion of the CLCS review of their submissions. Having previously found that the MOU did not contain such an agreement, the Court also rejects this aspect of Kenya’s second preliminary objection. Second, Kenya contends that Somalia’s withdrawal of its consent to the consideration by the CLCS of Kenya’s submission was in breach of the MOU. The Court is of the view that the violation by Somalia of a treaty at issue in the case does not per se affect the admissibility of its Application. In light of the foregoing, the Court finds that the preliminary objection to the admissibility of Somalia’s Application must be rejected.

IV. OPERATIVE CLAUSE

In its Judgment, which is final and without appeal, the Court
(1) (a) by thirteen votes to three,
Rejects the first preliminary objection raised by the Republic of Kenya in so far as it is based on the Memorandum of Understanding of 7 April 2009;
(b) by fifteen votes to one,
Rejects the first preliminary objection raised by the Republic of Kenya in so far as it is based on Part XV of the United Nations Convention on the Law of the Sea;
(2) by fifteen votes to one,
Rejects the second preliminary objection raised by the Republic of Kenya;
(3) by thirteen votes to three,
Finds that it has jurisdiction to entertain the Application filed by the Federal Republic of Somalia on 28 August 2014 and that the Application is admissible.

Composition of the Court
The Court was composed as follows: President Abraham; Vice-President Yusuf; Judges Owada, Tomka, Bennouna, Cançado Trindade, Greenwood, Xue, Donoghue, Gaja, Sebutinde, Bhandari, Robinson, Crawford, Gevorgian; Judge ad hoc Guillaume; Registrar Couvreur.
Vice-President YUSUF appends a declaration to the Judgment of the Court;
Judge BENNOUNA appends a dissenting opinion to the Judgment of the Court; Judges GAJA and CRAWFORD append a joint declaration to the Judgment of the Court; Judge ROBINSON appends a dissenting opinion to the Judgment of the Court; Judge ad hoc GUILLAUME appends a dissenting opinion to the Judgment of the Court.
*
A summary of the Judgment appears in the document entitled “Summary No. 2017/1”. This press release and the summary and full text of the Judgment are available on the Court’s website (www.icj-cij.org), under the heading “Cases”.
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Note: The Court’s press releases do not constitute official documents.

___________

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established by the United Nations Charter in June 1945 and began its activities in April 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six principal organs of the United Nations, it is the only one not located in New York. The Court has a twofold role: first, to settle, in accordance with international law, legal disputes submitted to it by States (its judgments have binding force and are without appeal for the parties concerned); and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system. The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. Independent of the United Nations Secretariat, it is assisted by a Registry, its own international secretariat, whose activities are both judicial and diplomatic, as well as administrative. The official languages of the Court are French and English. Also known as the “World Court”, it is the only court of a universal character with general jurisdiction.

The ICJ, a court open only to States for contentious proceedings, and to certain organs and institutions of the United Nations system for advisory proceedings, should not be confused with the other mostly criminal judicial institutions based in The Hague and adjacent areas, such as the International Criminal Tribunal for the former Yugoslavia (ICTY, an ad hoc court created by the Security Council), the International Criminal Court (ICC, the first permanent international criminal court, established by treaty, which does not belong to the United Nations system), the Special Tribunal for Lebanon (STL, an international judicial body with an independent legal personality, established by the United Nations Security Council upon the request of the Lebanese Government and composed of Lebanese and international judges), or the Permanent Court of Arbitration (PCA, an independent institution which assists in the establishment of arbitral tribunals and facilitates their work, in accordance with the Hague Convention of 1899).

___________

Information Department:

Mr. Andrey Poskakukhin, First Secretary of the Court, Head of Department (+31 (0)70 302 2336)
Mr. Boris Heim and Ms Joanne Moore, Information Officers (+31 (0)70 302 2337)
Mr. Avo Sevag Garabet, Associate Information Officer (+31 (0)70 302 2394)
Ms Genoveva Madurga, Administrative Assistant (+31 (0)70 302 2396)

The area in the Kenya-Somalia maritime border dispute forms a triangle east of the Kenya coast.The International Court of Justice on Thursday agreed to delay the public hearing of a case in which Somalia has sued Kenya over a maritime boundary dispute.

The Court Registrar Philippe Gautier said the ICJ would now open public hearings for the case on November 4, not September 9 as earlier scheduled.

Kenya had on Tuesday asked the court to delay the hearings by up to a year, citing inability to be adequately represented and that it needed time to recruit a new legal team.

Mr Gautier did say the "last minute request" had caused "undue effect on the administration of the court's work, but said the planned arrangements for public presentation will remain unchanged in the new schedule.

"Due to exceptional circumstances, occasioned by the need to recruit a new defence team, Kenya has sought to have the matter postponed,” Attorney-General Kihara Kariuki had said in a statement on Tuesday.

He had, however, declined to say the status of the initial legal team.

The case had been scheduled for hearing next week after which the 15-bench court, whose President is Somali Judge Abdulqawi Ahmed Yusuf, was to deliver a verdict by September 19.

It means Kenya has just under 60 days to find a new team of lawyers.

Initially Prof Payam Akhavan from the US, Prof Vaughan Lowe QC from the UK, Prof Alan Boyle (British), Prof Mathias Forteau, AD HOCH judge(French), Mr Karim Khan (British) and Ms Amy Sanders (British) were Kenya's legal team.

The judgement will be delivered two weeks after the hearing.

Summary

        September 6, 2019

 What is an Alibi and How Does it Work?

 
However, most states require that a defendant in a criminal case disclose an intention to rely on alibi evidence at trial. This normally comes up during the process of exchanging information about the facts of a case called “discovery.” This gives prosecutors an opportunity to investigate the validity of the alibi and either prepare to undermine its credibility or, if proved true, to drop the charges against the defendan.

Ian Forrester, QC, was stood down as a judge of the General Court of the EU after Britain left the bloc at end of January. His departure brought an end to a roll call of Scottish judges who have played prominent roles in forming the laws of Europe.

From Lord Mackenzie-Stuart, the former president of the European Court of Justice who was the first British judge to sit on the court, to Sir David Edward, who served in Luxembourg for 12 years, the influence of Scottish lawyers in Europe has run deep.

_______________________________________

WOLFGANG VON BRAUCHITSCH/GETTY IMAGES

INTERNATIONAL COMMERCIAL LAW                   09-11-2020

Legal aspects of international commercial law

 EMERGING ISSUES IN INTERNATIONAL COMMERCIAL LAW

• Corporate governance
• When security eclipses commerce
• Outsourcing and offshoring
• Evironmental Protection
• Labour standards
• Human rights protection
• Cultural diversity
• Health and safety
• Immigration and labor movement, and
• The main business prospects

Abdulkadir A. Mohammed, jurist

In the middle on this photo in dark suit is the late judge of the US Supreme Court of justice Thurgood Marshall the first African American on the bench of the United States Supreme Court nominated by President Jimmy Carter. Judge Thurgood Marshall was also known in the United States as Mr Civil Rights.

                        Brown v. Board of Education, 1954

             A landmark ruling  of US Supreme Court of Justice 

“Separate but equal” - Plessy v. Ferguson, 1896 was contrary to the fourteenth amendment  

One has not only legal but moral responsibility to obey just laws.

Conversely, one has a moral responsiblity to disobey unjust

laws. I would agree with Saint Agustine that "an unjust law is

not law at all".

-Dr Martin Luther king jr.

THE UGLY IGNORANCE OF DAILY RACISME

US Federal judge Damon J.Keith being mistaken as car-parc attendant.

An ignorant man called Judge Damon "boy" at the age of 69 at a time Federal Judge Damon was also chairman of all Federal Judges of the United States America. 

October 1991, a man stepped out of his car in Williamsburg, Virginia, turned to the first black person he saw and said, “Here boy, park this car.” The startled "boy" was a 69 year old man, a sitting federal judge, the chairman of the Committee (all federal judges chermain) on the Bicentennial of the Constitution and – it had been decided only one day earlier – his would be the only name to adorn plaques of the Bill of Rights soon to be installed in every federal courthouse in the United States. That name was Damon J. Keith.

Damon Keith, a grandson of slaves and figure in the US civil rights movement who as a federal judge was sued by Richard Nixon over a ruling against warrantless wiretaps, has died. He was 96. Judge Keith died on Sunday in Detroit, the city where the prominent lawyer was appointed in 1967 to the US district court, according to the Swanson Funeral Home.

A revered figure in Detroit for years, Keith captured the nation’s attention with the wire tapping case against Nixon and attorney general John Mitchell in 1971. Judge Keith said they could not engage in the warrantless wiretapping of three people suspected of conspiring to destroy government property. The decision was affirmed by the appellate court, and President Nixon who was also a lawyer he and his adminstration did a grave mistake by appealing and sued Judge Keith personally. It seams to me that both the President and his Attorney General were not well versed in the US:s basic law, the constitution. The African American judge understood that the White House and Nixon had a case to answer before Judge Damon.

 Judge Keith has rendered many decisions in his nearly fifty years on the bench, but only one bares his name. The “Keith Case,” as it has come to be known in legal circles, refers to the supreme court case that resulted from Judge Keith’s landmark decision that the government, in conducting warrantless wiretaps of American citizens, had overstepped the bounds of the constitution. In his decision on this case, Keith ruled against the Nixon White House, contradicting the U.S. Attorney General and the President of the United States. Judge Keith soon found himself facing down a writ of mandamus and was involved in an entirely new lawsuit: United States vs. United States District Court for the Eastern District of Michigan. Eventually, Keith’s precedent setting decision was upheld 8-0 by the supreme court. For the courage, determination, and commitment Judge Keith showed, it is fitting that this case should bare his name. Unprecedented lagal case in the US history, United States V United States

Judge Damon applied Mandamus writ agianst President Nixon and his adminstration.

So what is a Mandamus Writ?

Mandamus (/ˈmænˈdeɪməs/; lit. ''we command'') is a judicial remedy in the form of an order from a court^[1] to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to reject or authorize applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications.

Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. In the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrieved only when they are denied a legal right by someone who has a legal duty to do something and abstains from doing it.

Mandamus legal requirements:

The party requesting a writ of mandamus to be enforced should be able to show that they have a legal right to compel the respondent to do or refrain from doing the specific act. The duty sought to be enforced must have two qualities: It must be a duty of public nature and the duty must be imperative and should not be discretionary. Furthermore, mandamus will typically not be granted if adequate relief can be obtained by some other means, such as appeal.

Mandamus purpose:

The purpose of mandamus is to remedy defects of justice. It lies in the cases where there is a specific right but no specific legal remedy for enforcing that right. Generally, it is not available in anticipation of any injury except when the petitioner is likely to be affected by an official act in contravention of a statutory duty or where an illegal or unconstitutional order is made. The grant of mandamus is therefore an equitable remedy; a matter for the discretion of the court, the exercise of which is governed by well-settled principles.

Mandamus being a discretionary remedy, the application for it must be made in good faith and not for indirect purposes. Acquiescence cannot, however, bar the issue of mandamus. The petitioner must, of course, satisfy the Court that they have the legal right to the performance of the legal duty as distinct from mere discretion of authority. A mandamus is normally issued when an officer or an authority by compulsion of statute is required to perform a duty 

Damon Keith introduces Bill Clinton at the funeral of anti-segregation campaigner Rosa Parks in 2005. Photograph: Paul Warner/WireImage

The case went all the way to the Supreme Court, where the judge prevailed in what became known as “the Keith case”.

Keith revisited the civil liberties theme roughly 30 years later in an opinion that said president George W Bush could not conduct secret deportation hearings of terrorism suspects. Keith’s opinion contained the line: “Democracies die behind closed doors.”

A similar phrase, “Democracy dies in darkness”, is now the slogan of The Washington Post, which has credited Keith.

“During his more than 50 years on the federal bench, he handed down rulings that have safeguarded some of our most important and cherished civil liberties, stopping illegal government wiretaps and secret deportation hearings, as well as ending racial segregation in Pontiac (Michigan) schools,” Detroit mayor Mike Duggan said in a statement.

Praveen Madhiraju, Keith’s former law clerk, worked with him on the 2002 opinion against Bush. Keith had credited Madhiraju with coining the “Democracies die behind closed doors”, line, but the attorney now based in Washington DC said Keith deserved far more credit.

“I came up with the words, but Judge Keith was clearly the inspiration behind the whole thing,” Madhiraju told Associated Press in December 2017. “There’s no way if I’d worked with any other judge in the country I would have thought of that phrase.”

Madhiraju said Keith would periodically pop in the clerk’s office to offer suggestions, such as instructing him to review the Pentagon Papers on US policy toward Vietnam and the words of the late senator, William Fulbright, who said: “In a democracy, dissent is an act of faith.”

Keith told AP in an October 2017 interview that the phrase “equal justice under law”, which is etched onto the US supreme court building in Washington, inspired him and always summoned the lessons Thurgood Marshall taught him as one of his professors at Howard University. Marshall became the first black supreme court justice in October 1967 the same month Keith received his federal appointment.

He recalled Marshall saying: “When you leave Howard, I want you to go out and practice law and see what you can do to enforce those four words.”

Remembering Judge Damon J. Keith

Nelson Mandela leaving the law office to the courtroom in Pretoria during the Treason Trial in 1958 where he was defence lawyer for his clients charged for treason. Mandela once invited for a breakfast at the presidential place the man who sent him to jail the then presecuter Percy Yutar. As president Mandel surprised mr Yutar inviting him at the presidential palace for a breakfast and a friendly morning chat with his old foe.It is the same man who requested the court not to condemn him for hanging because this would mean sudden and easy death without suffering. He continued by saying that the court should send Mr Mandela to jail and hard work for the rest of his life. He concluded by saying "I want him to suffer in live".It was reported that in their conversation Mandela reminded the former presecuter his day in court when the judgement was handed down.He said, Mr president referring to Mandela "we were wrong and you were right". THAT WAS TWO LAYWERS REPRESENTING DIFFERENT SPECTRUM OF THE CONCEPT OF LAW MEETING OVER BREAKFAST. In the meeting Mandela assured his former enemy under apartheid in saying that his constitutional rights are respected  and no one regarded him as a former enemy but as a fellow citizen of the new republic of South Africa under equal justice and rule of law. Mandela hade during apartheid white friends such as fellow aricled clerk Nat Bregman and former principal Lazar zidelsky. Also working for Sidelsky was fellow articled clerk Nat Bregman, a Marxist and also a stand-up comedian who sometimes did turns on the radio and later ran his own law practice. Mandela described him as his first white friend, went to meetings with him and shared his sandwiches during their lunch break. He studied diligently at night and in 1943 returned to Fort Hare University for his Bachelor of Arts degree graduation. In 1943 Mandela had also enrolled at Wits to begin his Bachelor of Laws course the LLB, in the hope of becoming an advocate. It was a part-time course and he was then the only black student in the law faculty and there had never been a black barrister in Johannesburg. Duma Nokwe was the first black advocate to be called to the Bar in 1956. It was through the university that he met Joe Slovo, Ruth First, Bram Fischer, George Bizos, J.N. Singh and Ismail Meer, among many others. Final-year-LLB-Wits-1949 Mandela as a student at Wits University where he studied part- time from 1943 - 1946 & fulltime in 1947 - 1948. Professor Hahlo (centre ) These are the accused for treason in 1950s, some of them had Nelson Mandela as defence lawyer. Lawyer Mandela defied apartheid legal system out of court hearing. Mandela clendestinely visited twice Algeria 1962 by traveling on fake Ethiopian pass port issued personnaly to him by the Abbyssinian Government now Ethiopian where had been militarily trained by algerian military officers against apatheid. He secretly travelled first to Ethiopia where he was provided the fake ethiopian passport. Nelson Mandela the president. But after all humanist, jurist (lawyer), a man who stood on solid moral grounds in every situation.

INTERNATIONAL COURT OF JUSTICE

Peace Palace, Carnegieplein 2, 2517 KJ

The Hague, Netherlands +31 (0)70 302 2323

Maritime Delimitation in the Indian Ocean (Somalia v. Kenya)

Preliminary Objections

The Court to deliver its Judgment on Thursday 2 February 2017

THE HAGUE, 20 January 2017. On Thursday 2 February 2017, the International Court of Justice (ICJ), the principal judicial organ of the United Nations, will deliver its Judgment on the preliminary objections raised by Kenya in the case concerning Maritime Delimitation in the Indian Ocean (Somalia v. Kenya).

A public sitting will take place at 3 p.m. at the Peace Palace in The Hague, during which Judge Ronny Abraham, President of the Court, will read the Court

History of the proceedings

The history of the proceedings can be found in Press Releases Nos. 2016/26 of 23 September 2016 and 2016/15 of 26 May 2016 available on the Court website under the heading Press Room

A. Admission procedures Owing to the limited number of seats available in the Great Hall of Justice, priority access will be given to representatives of the States Parties to the case, and to members of the diplomatic corps.

1. Members of the diplomatic corps.

The Information Department requests members of the diplomatic corps who plan to attend the reading to notify it accordingly before midnight on Tuesday 31 January 2017 (The Hague time), by e-mail to confirmation@icj-cij.org.

Members of the public. A number of seats will be allocated to members of the public on a first-come, first-served basis.There will be no advance registration procedure, and admission requests submitted beforehand will not be considered. Media representatives are subject to a compulsory online accreditation procedure, which will close at midnight on Tuesday 31 January 2017 Requests submitted after this deadline will not be considered.  For full details (timetable, technical facilities, etc.), see the section below entitled:

Further practical information for the media

B. Further practical information for the media

1. Entry to the Peace PalaceThe Press Room will be open from 2 p.m. to 6 p.m.

Accredited media representatives must bring with them their personal ID and press card.

They are asked to arrive at the Peace Palace gates between 2 p.m. and 2.30 p.m.

Only duly accredited individuals with valid identification will be permitted to enter the Peace Palace grounds.

2. Parking at the Peace Palace, satellite vehicles. No parking is allowed in the Peace Palace grounds apart from satellite vehicles. Media wishing to park satellite vehicles are requested to fill in the appropriate fields in the online accreditation form.Televised media wishing to broadcast the sitting live should contact the Information Department as soon as possible to make the necessary arrangements. Satellite vehicle technicians/drivers will be informed in due course of the access times for the Peace Palace grounds.

3. Access to the courtroom. Photographers and camera crews will only be permitted to enter the courtroom between 2.40 p.m. and 3.05 p.m. They will be accompanied by Registry staff members and must keep to the right-hand side of the room.

4. Press room The reading will be transmitted live on a large screen, in English and French, in a press room equipped with a shared Internet access (Wi-Fi, Ethernet).TV crews can connect to the Court’s PAL (HD and SD) and NTSC (SD) audiovisual system and radio reporters to the audio system. Videos, still photographs Video files (SD/MPEG2 and HD/MPEG4) and still photos produced by the Registry during the sitting on Thursday 2 February 2017 will be available free of charge, for non-commercial use, at the close of the proceedings http://www.icj-cij.org/multimedia).www.icj-cij.org/multimedia).For further practical information (on requests for interviews, TV stand-up positions, audio and video outputs available, etc.), please visit the Court The Court press releases do not constitute official documents.The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established by the United Nations Charter in June 1945 and began its activities in April 1946.  The seat of the Court is at the Peace Palace in The Hague (Netherlands).Of the six principal organs of the United Nations, it is the only one not located in New York.  The Court has a twofold role first, to settle, in accordance with international law, legal disputes submitted to it by States (its judgments have binding force and are without appeal for the parties concerned) and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system. The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. Independent of the United Nations Secretariat, it is assisted by a Registry, its own international secretariat, whose activities are both judicial and diplomatic, as well as administrative.The official languages of the Court are French and English.; Also known as World Court;, it is the only court of a universal character with general jurisdiction. The ICJ, a court open only to States for contentious proceedings, and to certain organs and institutions of the United Nations system for advisory proceedings, should not be confused with the other  mostly criminal  judicial institutions based in The Hague and adjacent areas, such as the International Criminal Tribunal for the former Yugoslavia (ICTY, an ad hoc court created by the Security Council), the International Criminal Court (ICC, the first permanent international criminal court, established by treaty, which does not belong to the United Nations system), the Special Tribunal for Lebanon (STL, an international judicial body with an independent legal personality, established by the United Nations Security Council upon the request of the Lebanese Government and composed of Lebanese and international judges), or the Permanent Court of Arbitration (PCA, an independent institution which assists in the establishment of arbitral tribunals and facilitates their work, in accordance with the Hague Convention of 1899).

Old foes, here is Mandela with the man who sent him to jail the then presecuter Percy Yutar. As president Mandel surprised mr Yutar inviting him at the presidential palace for a breakfast and a friendly morning chat with his old foe.Its the same man who requested the court not to condemn him for hanging because this would mean sudden and easy death without suffering. He continued by saying that the court should send Mr Mandela to jail and hard work for the rest of his life. He concluded by saying "I want him to suffer in live".It was reported that in their conversation Mandela reminded the former presecuter Mandela's day in court when the judgement was handed down.He said, Mr president referring to Mandela "we were wrong then and your were right". THAT WAS TWO LAYWERS REPRESENTING DIFFERENT SPECTRUM OF THE CONCEPT OF LAW MEETING OVER BREAKFAST. In the meeting Mandela assured his former enemy under apartheid that his constitutional rights not as a former enemy but as a fellow citizen of South Africa under equal justice and rule of law. 

Abdulkadir A. Mohammed, jurist

DONALD TRUMP ENTANGLED IN LEGAL MESS

A number of Donald Trump´s inner-circle operatives are either criminally convicted and are in jail or under investigations. According to Ken White, a former federal prosecutor, is a criminal defense lawyer at in Los Angeles n the Wshington post newspaper time and time again, President Trump and his associates have talked themselves into legal trouble. Trump tweets about foreigners were quoted in court opinion;blocking his immigration initiatives. When Trump proclaimed he had no idea that his attorney Michael Cohen had paid adult-film actress Stormy Daniels for her silence, her lawyers cheered ; the president had just handed them a very plausible argument that the nondisclosure agreement she signed with Cohen was unenforceable. Like his client, Cohen has caused problems for himself. https://www.cnn.com/2018/03/09/politics/michael-cohen-trump-organization-email-stormy-daniels one ill-advised public outburst to another;about Daniels, derailing his efforts to enforce the nondisclosure agreement and probably assisting the federal criminal investigation that culminated in searches of his home, office and hotel room this month. During special counsel Robert Mueller investigation, former Trump advisers Michael Flynn and George Papadopoulos have pleaded guilty to lying to the FBI, and indictament against his former campaign manag er Paul Manafort and Manafort associate Richard Gates include similar charges. These are all self-inflicted wounds; any good attorney would advise against them.When wealthy and powerful people make such bad decisions, tempting to assumethey must have gotten terrible legal advice. But that;s rarely true. Yes, for most people, there is a crisis of good lawyering in America: Quality legal advice is too expensive. Our public defenders are overworked and underfunded. Few Americans can afford to litigate a civil dispute at all, let alone do so aggressively with elite lawyers. But when the rich and powerful ; the self-styled masters of the universe make legally disastrous decisions, it’s usually because they’ve either ignored their attorneys or self-indulgently chosen the wrong lawyers for the job.The very qualities that lead people to wealth, power and fame can make them very poor consumers of legal advice; hubris is fatal to an effective attorney-client relationship. Trump prizes ;loyalty; very highly, as many powerful people do. But real loyalty from an attorney doesn’t involve fawning over a client, refraining from criticism, or congratulating them for views both right and wrong. A good lawyer’s loyalty lies in being ready to give plain-spoken advice that will get you fired if your client in the wrong mood. An effective advocate loyalty is about saying;Good idea; or;re right, about warning ;Shut up; and ;No, you shouldn´t so that and ;Yes, I understand you want to do that, but why a terrible idea.; Real loyalty looks like Cordelia, refusing to flatter King Lear at great cost, not like her sisters, praising him effusively to get more land.

Old friends-with fellow aricled clerk Nat Bregman and former principal Lazar zidelsky.Old friends-with fellow aricled clerk Nat Bregman and former principal Lazar zidelsky.Also working for Sidelsky was fellow articled clerk Nat Bregman, a Marxist and also a stand-up comedian who sometimes did turns on the radio and later ran his own law practice. Mandela described him as his first white friend, went to meetings with him and shared his sandwiches during their lunch break. He studied diligently at night and in 1943 returned to Fort Hare University for his Bachelor of Arts degree graduation.In 1943 Mandela had also enrolled at Wits to begin his Bachelor of Laws course the LLB, in the hope of becoming an advocate. It was a part-time course and he was then the only black student in the law faculty and there had never been a black barrister in Johannesburg. Duma Nokwe was the first black advocate to be called to the Bar in 1956. It was through the university that he met Joe Slovo, Ruth First, Bram Fischer, George Bizos, J.N. Singh and Ismail Meer, among many others.

 INDIAN CONSTITUTION                                   01-03-2015

The worlds longest written constitution for a sovereign state class India is one of most diverse countries in the world in all spheres whether it is religion, race, language, dialects etc. To the federal government of India such a magnanimous country is a tedious task in itself. To protect the fragile unity of this country every measure had to be taken to maintain harmony between all and it has been executed successfully by detailing and elaborating each section of it. The Constitution of India contains 12 schedules and 395 articles about the organization, structure and functioning of governments (federal and state level) in India at all levels and also relation between different levels and also their powers( known as Lists eg. Central list which includes Defence, External affairs etc). Provisions regarding Fundamental Rights, Directive Principles of the state policy, Citizenship, Rights of Religious and Linguistics minorities, Backward Classes, Scheduled Castes and Tribes, official and recognised languages, emergency provisions,judicial appointments and laws related the balance of power between Legislative, Executive and Judiciary were also incorporated. Numerous amendments and repealments were also made in the past in order to make the Indian Constitution an up-to-date and workable document.

By the act of British Parliament of Indian independence setting up constituent assembly. On 9th September 1946 the new Indian Constituent Assembly started its deliberations and after three years of deliberrations the Assembly produced a document called The Indian Constitution.

The worlds longst and broadly detailed constitutional document to accomodate india's rich diversity when it comes region, ethnicity, linguistic differences. In latin E PLURIBUS UNUM, which means OUT OF MANY ONE. This was the motto and still the great seal of the United State at its early age which the union was only thirteen states.

This idea of "out of many one" inspired drafters of the Indian Constitution in order to save guard india's unity. United indivisble under the law. The law meaning the constitution of India.

So the drafting assembly interestingly borrowed ideas and articles from Swiss, japanese, french revolution, declaration of American indepence, Irish constitution and even the constitution of The Free City of Danzig (German: Freie Stadt Danzig; Polish: Wolne Miasto Gdańsk) was a semi-autonomous city-state that existed between 1920 and 1939, consisting of the Baltic Sea port of Danzig (now Gdańsk, Poland) and nearly 200 towns and villages in the surrounding areas. It was created on 15 November 1920 in accordance with the terms of Article 100 (Section XI of Part III) of the 1919 Treaty of Versailles after the end of World War I.

For example Article 21which is one of the most important articles of the Indian Constituion is borrowed from the japanese after war constitution. It is about protection of life and personal liberty. No person shall be deprived of his life or personal liberty except according to procedure established by law. The Article prohibits the deprivation of the above rights except according to a procedure established by law . ... Thus, even a foreigner can claim this right.

Also Article 31. Article 31 provided that "no person shall be deprived of his property save by authority of law." It also provided that compensation would be paid to a person whose property has been taken for public purposes. So I sencerley congratulate the Constituent Assembly of India for their corrage and wisedom in drafting such a master piece document that became and still the basic law och such a vast country (Indian sub-continent) with a population of a billion and 300 million inhabitants. Around 387 languages are spoken in India, where the principal official language is Hindi. Twenty-one other languages hold official status in their local states (Assamese, Bengali, Bodo, Dogri, Gujarati, Kannada, Kashmiri, Konkani, Maithili, Malayalam, Marathi, Meithei, Nepali, Oriya, Eastern Punjabi, Sanskrit, Santali, Sindhi, Tamil, Telugu, and Urdu. India has also 9 officially recognized regions, more religions than any other country in the world. Because of this diversity india adopted a contitution which is a world classe by ballancing unity in diversity and religious tolerance as well as recognition of each other culturally and linguistically. Indian constitution clearly defines areas of responsiblity as well as duty at state and federal level. The beauty of the indian democracy guided by the Indian Constitution is more than 800 million citizens of diverse population vote for one federal parliament and one goverment. It is said that indian is the where everybody is well versed even illiterates vote regularly and the do it correctly. That why india is the bigest democracy in the world.

Abdulkadir A. Mohammed, jurist

Mandela as a student at Wits University where he studied part- timefrom 1943 - 1946 fulltime in 1947 - 1948. Professor Hahlo (centre).This classe  picture was taken in 1940s at that time was in final year for his LLB law course.

Sunday January 7, 2018 

Kenya likely to compensate Somalia over oil exploration on disputed sea area  Mr Nzau Musau a journalist for the newspaper the Standard figures out that Kenya could be forced to compensate Somalia over oil exploration on a disputed sea area if the neighbouring country wins a case being adjudicated at the International Court of Justice (ICJ).He is not alone in that envision and I also think an out-come similar to the one he is projecting. The case lodged by Somalia on August 28, 2014 is set to gain full steam after Kenya lost preliminary objections last year. The government was then required to file a substantive response to the main case in December last year. And although Kenya, through the Office of the Attorney General Githu Muigai, complied with the orders by December 22nd, officials have remained tight-lipped on the content and nature of the defence they gave Unfortunately, it is neither procedural nor possible to release documents in custody of the ICJ. These are confidential documents. It is only the ICJ that can give these documents and this would only be with the concurrence of the other party (Somalia), an official at the AG office wrote to the Sunday Standard. The Attorney General who put up a spirited fight inside the ICJ courtroom last year but lost, did not respond to our inquiries. His fate in the wake of Friday’s Cabinet purge remains unknown. In the secretive defense known in court parlance as a memorial,Kenya is understood, to have insisted on its boundary with Somalia being along a parallel of latitude as was decreed in the presidential proclamation of 1979.It is also rooting on a second Presidential Proclamation in 2005 as well as its submission to the United Nations Commission on the Limits of the Continental Shelf (UNCLOS) in 2009.Kenya asserts that all her activities including naval patrols, fishery activities, marine and scientific research as well as oil and gas exploration are within the maritime boundary established by Kenya and recognised and respected by both parties since 1979,” a statement from AG office said the memorial, Kenya is also insisting on a negotiated solution.At stake in the case are seven oil blocks awarded to foreign companies on concession basis. Kenya has since claimed exploratory activities in the area have been suspended as a sign of good faith but Somali insists this is not enough:A judgement and declare that Kenya, by its conduct in the disputed area, has violated its international obligations to respect the sovereignty, and sovereign rights and jurisdiction of Somalia, and is responsible under international law to make full reparation to Somalia Somalia says in its claims.In the past, maritime experts have warned that Kenya could lose the main case if past rulings of the court were anything to go by. Their arguments are based on the fact that the method adopted by Kenya to claim the maritime border -- parallel of latitude -- is seldom relied on by the court as compared to Somalia equidistant line approach. Last year, Prof Musili Wambua, a maritime law expert said the only way Kenya can avoid losing is by demonstrating existence of very strong circumstances which warrant a departure from the equidistant line advocated by Somalia.t is only in Nicaragua v Honduras that the ICJ departed from the principle of equidistant special circumstances principle/rule and applied bisector method because equidistant could not produce equitable outcome, Wambua said. In its preliminary objections, Kenya had argued that a 2009 Memorandum of Understanding with Somalia acknowledging a dispute and vowing not to challenge each other claims pending process of registering borders removed the matter from ICJ scope. On top of the reparations, Somalia also wants Kenya to hand it over all seismic data acquired in areas that are disputed “and to repair in full all damage that has been suffered by Somalia.

-Abdulkadir A. Mohammed, jurist

 SUPREME COURT OF INDIA

The Supreme Court had in August, by a majority of 3:2, ruled that the practice of divorce through instant triple talaq among Muslims is and “unconstitutionalAll India Muslim Personal Law Board (AIMPLB) members with AIMIM president Assaduddin Owaisi during a meeting on issue of 'triple talaq' in Lucknow on Sunday." All India Muslim Personal Law Board (AIMPLB) members with AIMIM president Assaduddin Owaisi during a meeting on issue of 'triple talaq' in Lucknow on Sunday. The All India Muslim Personal Law Board (AIMPLB) said on Sunday that it will request Prime Minister Narendra Modi to withhold and withdraw a proposed bill that criminalises the practice of instant triple talaq. Criticising The Muslim Women (Protection of Rights on Marriage) Bill, 2017, AIMPLB spokesperson Sajjad Nomani said: “After observing the provisions mentioned in the bill, it looks like that it is a kind of a conspiracy to grab the power of divorce from Muslims.If government want to stop triple talaq, then it can take our suggestions. We will help in solving the issues under the constitutional provision of Muslim laws,he said.The proposed bill that criminalises the practice of instant divorce,also “empowers” Indian Muslim women by giving them a larger say in dissolving marriages, custody of minor children and the right to seek maintenance from their estranged husbands, according to the the cabinet-cleared controversial legislation opposed by Muslim groups.The bill defines triple talaq as “any pronouncement (of divorce) by a person upon his wife by words, either spoken or written or in electronic form, or in any other . It proposes to make the practice a punishable offence and is set to be introduced in the Lok Sabha next week.

ABDIRAHMAN ABDISHAKUR ./. THE ATTORNEY GENERAL of Somalia's TENTATIVE ARREST and ITS JUDICIAL AS WELL AS POLITICAL FAILURE                                  2017-06-12

In Abdrahman Abdishakur's case it is clear that the body representing the Somali government be it the Attorney General or others representing the judiciary and the prosecution did not either know or blatantly ignored to follow the procedural law of the land. Wrong procedural handling in such a case like this always ends in a catastrophic end and wrongly renders justice. Instead of protecting the vulnerable the perpetrator continues unpunished. Now what was that went wrong in the judicial procedure. In procedural law which is the earea of law that prescribes the procedures to be followed by the courts in fields of of civil and criminal law. Somalia has had a code of procedural law which unfortunately was not respected in this case. For example summons. Now what is summons and why it was not used in the first place if there was a case against Abdirahm Abdishakur which he had the duty to appear before a court of law as a defendant?  Summons is a documents that officially stars a lawsuit. It must be in a form prescribed the law of the land in case, Somalia governing procedure in the court involved and it must be prperly served on or delivered to the defendant. If the prescribed formalities are not observed, which in fact happened in this case then the court lacks authory to hear the case. Procedural law also prescribes rules regarding jurisdiction, pleading and practice, evidence, appeal, execution of judgments, representation of counsel, costs, and other matters. Procedural law is commonly contrasted with substantive law, which constitutes the great body of law and defines and regulates legal rights and duties. If the procedural law was strictly observed Mr Abdirahman Abdishakur's residence would not had been raided where four young men died (I have heard) in that operation. Totally unnecessary act that may trigger social unrest and revenge for bad blood among the citizens which eventually lead to what is know as the law of the jungle in a country that desperately needs rule of law in serving justice.

-Abdulkadir Ahmed Mohammed, jurist

 The case of Abdirahman Abdishakur      2017-05-06

Mr Abdirahman Abdishakur's case was uncalculated legal adventure that had turned sour. Somali court in Mogadishu has released without charge a former minister named Abdirahman Abdishakur Warsame a critic of the government who spent two days in jail after being arrested for an alleged treason, a lawmaker said on Thursday. There seams to be confusion from the somali govermen quarters, some high ranking officials such as the Attorney General say that the court proceeding was illegal. It appears that they regard it so because the court found that the domicile raid and the fatally violent arrest of Mr Abdirahman Abdishakur was illegalin the first place. Why so? Because the court reasoned that there was no legal arrest warrent in the first place, I would also add that in such a case it would have been necessary to issue what is known in legal term a writ or summons. It is a legal decument from a law court that tells a person in this case Abdirahman Abdishakur that he will be involved in legal process and explains what he must do in his diffence.This has not happened in Mr Abdirahman Abdishakur's case as we all know was hastly and poorly executed. The whole episode left me fuming at the injustices of it all. In the capacity of legal counsel and experienced jurist, I must say I have never seen a case like this.'For those who are entrusted with the administration of justice in Somalia should have integrity and qualified legal education further more they all need to be well versed academically and finally must be legally qualified. It is a tragedy for a country like Somalia just coming out of a long protracted civil war where rule of law eroded has to go again through all these shambles with mishmashed so-called authorities. A court proceeding like in this case happens in a legally correct way known as in legal terms Writ of habeas corpus Medieval Latin meaning literally "that you have the body is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official or goverment, to bring the prisoner to court, to determine whether the detention is lawful or not. It proved to be unlawful. That is it. The writ of habeas corpus internationally known as "the great and efficacious writ in all manner of illegal confinement". The court handled the case accordingly. The judge as watched cited historical background of the case. He informed the the audience the Attorney Generals request for more time for investigation. The judge informed the AG that law allows not more than 48 hours after arraignment. The office of AG agreed the courts rule and then on the hearing day at the court they failed to produce a single piece of evidence against the accused and the court decided to free him immediately partly the prosecution failed to produce evidence within time limits allowed by law and also the court ruled that Mr Abdirahman Abdishakur's arrest and jailing was unlawful ab initio. This to the following with regard to equal under the law a law that is just. ADMIINSTRATION OF JUSTICE ACCORDING MAGNA CARTA-no one will we sell, to no one will we refuse or delay right or justice. Magna Carta, in the year 1215 in England.This was the beginning of rule of law in medieval England. There are internationally recognized legality principles when it comes in criminal law which are also considered as legal maxims. One of this is what is called in legal term in Latin which every trained lawyer should be aware of and respect in exercising his/her legal profession. Nulla poena sine lege certa.There is to be no penalty without law.This provides that a penal statute must define the punishable conduct and the penalty with sufficient definiteness to allow citizens to foresee when a specific action would be punishable, and to conduct themselves accordingly. The rule expresses the general principle of legal certainty in matters of criminal law. It is recognised or codified in many national jurisdictions, as well as e.g. by the European Court of Justic as a

"general principle of Union law". So as to Mr Abdirahman Abdishakur's case it was a disaster. There was no clear cut allegation against him even the AG claimed at early stage on live  TV broadcast that he/they had solid evidence against the politician. Having said so he failed to exhibit and produce on an agreed time frame according the law of the land at the court session. Never happened. According to the princilple Nulla poena sine lege certa, the court released the accused after deliberations in accordance with the following Articles 38, 189, 184, 215,218, 219 in the Somali penal code and a Coranic verse SOURA AL-NOUR according the Sharia regarding the legal twist before the court. SOURA AL-NOUR prohibits (trespass) un announsed entrance onto land or private property in this case Mr Abdishakur's domicile. Verse no. 27 of SOURA AL-NOUR SAYS:O you who have believed, do not enter houses other than your own houses until you ascertain welcome and greet their inhabitants. That is best for you; perhaps you will be reminded. He should had been summoned and informed for what he had been supected while search warrent was in the making. After having prefessionaly evaluated his answers then it is a question of issuing an arrest and seach warrent by the competant authoritities. 

The court finally rejected an appeal from the AG on the ground that there is no legal base for an appeal because it was illegal act ab initio (from the beginning) in legal term. In the Anglo Saxon legal expression-this is often refered as judge threw out the case against the accused because of procedural error of wrong person brought to trial.

Abdulkadir A. Mohamed, jurist

SOMALIA ./. KENYA IN THE MARITIME DISPUTE

Githu Muigai Attorney General of Kenya's recent statement on the issue

Abdulkadir M. International Jurist and Legal Commentator.

KENYA HAS NO GROUND TO STAND ON, CONTRARY TO WHAT ITS ATTORNEY GENERAL RECENTLY CLAIMED IN A STATEMENT IN NAIROBI, KENYA.

Kenya hesitantly almost lately filed its response at the International Court of Justice in the Indian Ocean border dispute case filed by Somalia. Time is undeniable factor in this case because at all times since the beginning of this maritime case Kenya was reacting at the last minute. Since Kenya is not standing on firm ground in its argument it solely relies on the hope that Somalia will someday accept going into negotiations with Kenya. That is why even this time its Attorney General is still trying to sing the already sung song "through negotiations". When will Kenya learn from its past mistakes?  There is nothing new at least in substance what Kenya's highest legal representative says now than what he already said. Mr Githu Muigai Kenya's AG says in statement that thier position is entrenched in the United Nations Convention on the Law of the Sea and several resolutions and decisions of the African Union's Heads of State and Governments adopted since 1964. He is wrongly interpreting the nature of the case as thought Kenya is right by citing in his statement the UNCLOS, United Nations Convention on the Law of the Sea. He is referring to UNCLOS though in bad faith are indeed the same provisions that allowed Somalia's argument on the question of admissibility of the case to the ICJ (International Court of Justice) to adjudicate which Kenya and himself were vehemently against is simply pure contradiction in Kenya's story. Somalia's petition was filed on July 13, 2015 and from day one Kenya's position was strangely that ICJ had no jurisdiction in the matter.I don't know who gave Kenya this piece of faulty advice. The reality is February 2, 2017. The International Court of Justice the principal judicial organ of the United Nations issued a verdict in favor of Somalia, admitting an application submitted by Somalia, over the maritime delimitation between Somalia and Kenya in the Indian Ocean this is incompatible to what Kenya had been preaching over the years regarding ICJ:s competence in accordance with the chapter of the United Nations Organization. Bear in mind every country willing to be member of the UN must first approve its charter before being a signatory member of the organization. Kenya did so as any other member and in doing so comes the compulsory declaration of the ICJ:s recognition as it stipulates in chapter one.

CHARTER OF THE UNITED NATIONS AND STATUTE OF THE INTERNATIONAL COURT OFJUSTICE

Declarations recognizing as compulsory the jurisdiction of the International Court of Justice under Article 36, paragraph 2, of the Statute of the Court 15 October 1946 States which have made declarations under Article 36, paragraph 2 of the Statute of the International Court of Justice or whose declarations made under Article 36, paragraph 2, of the Statute of the Permanent Court of International Justice are deemed to be acceptances of the compulsory jurisdiction of the International Court of Justice. Here we can see where Kenya is faulting specially regarding the ICJ: s jurisdiction in the matter. Kenya officially accepted and signed it but now didn't remember it all- shall we say I passionately followed the presentations, legal arguments in the opening days of the case. I did so in both English and French which are also the working languages of the ICJ. I really admire Professor Alain Pellet's description of the situation at hand according the established norms of the international law.

Professor Pellet is a French expert on International law, a member and former president of the United Nations International Law Commission International Law Commission, and is or has counsel for many governments, including the French government, in the area of public international law. Who ever proposed Somalia for professor Pellet as a lead lawyer has given an honest one.

Instruments in maritime issues

SOME OF THE MAIN INTERNATIONAL INSTRUMENTS THAT GOVERN MARITIME ISSUES

Convention on the territorial Convention on the high seas.  Convention on the continental shelf. Convention in fishing and conservation of living resources of high seas. The 1982 United Nations Convention on the Law of the Sea defines three distinct areas-territorial waters, exclusive economic zones and international waters. Territorial waters are those under government sovereign control and legally recognized as twelve nautical miles from the low water mark of coastal state, but ships of all nations are allowed innocent passage.The Hague-based court is expected to give direction on the matter in early 2018. The court decisions are normally binding and final. Somalia petition was filed on July 13, 2015. It sought to have the maritime border redrawn to extend diagonally to the south at Kiunga into the sea, and not eastwards as it is. Somalia sued Kenya in 2014 asking for proper determination of the sea boundary between the two countries and wanted it adjusted to give Mogadishu a huge chunk of the sea, which has oil deposits.

CONVENTION

The area in contest is about 100,000 square kilometres and there are six oil blocks, which Somalia argues Kenya has awarded contracts to foreign prospecting firms for even though they lie entirely or predominantly on the Somali side. Somalia is basing its arguments on Articles 15, 74 and 83 of the 1982 United Nations Convention on the Law of the Sea, which both countries ratified in 1989. But Kenya submits that the maritime border with Somalia is as was decreed in the Presidential Proclamation of 1979. My questions are what presidential decree? Can presidential decree override the existing internationally adapted (inclusive Kenya) UNICLOS regulations on maritime disputes.

LEGAL ACTION

The countries in 2009 reached a memorandum of understanding, which was then deposited with the UN in 2011. Kenya maintains that all her activities, which include naval patrols, fishery, marine and scientific research as well as oil and gas exploration are within the maritime border established by Kenya and recognised and respected by both parties since 1979. Kenya' s AG statement on resolutions and decisions of the African Union Heads of State and Government adopted since 1964 is not related to the contentious issue at hand which is exclusively maritime. The african heads of states declarions were on hard borders (land borders) inhereted from colonial time before independence. They agreed not to be altered what was existing before without competent and equitable jurisdiction of an international  and that body is ICJ. That is why we are now at Hague, the Netherlands though Kenyas was reluctantly draged along the highway strait to Hague. .............to be followed

-Abdulkadir A. Mohammed, jurist

SEVERAL PARTNERSHIP DEFINITIONS IN ISLAMIC JURISPRUDENCE      04/03/2006

The Arabic word sharekah means partnership or company and denotes mixing of two shares in a way as to make them indistinguishable. In Islamic jurisprudence, there are several definitions of partnership. Hanafi scholars define partnership a contract between partners on both capital and profit. Shafei scholars define partnership as a contract giving the right in something to two or more people, making it common. Hanbali scholars define partnership as the coming together of two or more people in disposal or acting.Two main kinds of partnerships. Partnerships are primarily of two kinds: partnerships of ownership and partnerships of contracts.Partnerships of Ownership (Amlaak) A partnership of ownership means that two or more people share the ownership of a single property, either by their own choice, by agreeing to buy the property) or without their own choice, inherting the property, for example. Each of the parties is a partner and none of the parties can dispose of the object on his or her own, without the permission of all other partners.

Partnership of Contracts (Uqood).

A partnership of contacts is between two or more people to have partnership in capital and profit. Such partnerships are subdvided into four kinds: financial company, where two partners contribute finances to start the company. This type further includes Al-Inan or unequal share partnership and Al-Mufawadah  or equal share partnership eminence, where a partner only contributes his or her eminence to the partnership, Al-Azhar University giving accreditation to an institute in Canada is a partnership where Al-Azhar is exhanging its eminence for a consideration). Sana; workmanship, where the partners contribute labour to the partnership. Mudarabah capital-labour partnership, where one partner contributes labour and the other partner contributes capital. Mudarabah partnership that has become the focus of Islamic economics and finance in the modern era. We will generally not go into more details on all the various kinds of partnerships.

-Abdulkadir A. Mohammed, jurist

Finally I conclude my tribute to Nelson Mandela with this beautiful picture. Most people do not know Mr Mandela´s real profession. He was one of the first black lawyers in South Africa, Johannesbourg in particular. Fellow lawyer Mr walter Sisuslu who was working at Mandela Tambo law chambers recruited Mr Mandela to ANC together with Mr Oliver Tambo who would later become Chairman of the ANC in exile while Mr Mandela and Mr Sisulu were serving their hard work jail term together with president Mbeke´s father G. Mbeke. Mandela the guerilla man is also not well known.But he proved to be the world's first guerilla fighter who never injured nor killed a person. But he distroyed apartheid's physical structure like police and army installations.

Federal judge Damon J. Keith, US appeals judge for the sixth circuit

_________________________________________________________________________________

JUDGE DAMIEN KEITH

Judge recalls key rulings from his 50 years on federal bench. In this Tuesday, Oct. 17, 2017, Judge Damon J. Keith is interviewed in his office in Detroit. Keith, marking 50 years as a federal judge, says he was driven by two maxims: Treat everyone with dignity and Equal justice under law. The 95-year-old from Detroit said the second has been his calling since attending law school at Howard University, where professor and future Supreme Court Justice Thurgood Marshall implored students to go out and enforce it. Judge Damon J. Keith thinks back on his 50 years on the federal bench and remembers many tumultuous and significant times, including being sued by President Richard Nixon after ruling that wiretapping couldn't be done without a court order. The 95-year-old from Detroit, the only African-American among six current federal judges who have served 50 or more years according to the Administrative Office of the U.S. Courts, heared cases about four times a year at the 6th U.S. Circuit Court of Appeals in Cincinnati. His approach in or out of the spotlight, on or off the bench is the same: Fight for the Constitution, not with each other. Just treat everyone with dignity,said Keith, who was honored at a gala Saturday in Detroit for reaching the half-century mark.The phrase Equal justice under law,which is etched onto the U.S. Supreme Court building in Washington, drives Keith and reminds him of lessons Thurgood Marshall taught him as one of his professors at Howard University. Marshall became the first black Supreme Court justice in October 1967 the same month Keith, a prominent lawyer in his own right by then, was appointed to the federal bench. He recalled Marshall saying, “The white men wrote those four words. When you leave Howard, I want you to go out and practice law and see what you can do to enforce those four words.And that’s what I’ve tried to do, Keith said last week at Detroit’s historic federal court building, where he’s had an office since President Lyndon B. Johnson appointed him to the federal district court 50 years ago.

In 1970, Keith ordered a bus policy and new boundaries in the Pontiac, Michigan, school district to break up racial segregation. A year later, he made another groundbreaking decision, finding that Hamtramck, Michigan, illegally destroyed black neighborhoods in the name of urban renewal with the federal government’s help. The remedy was 200 housing units for blacks. The court case is still alive decades later due to disputes over property taxes and the slow pace of construction. The wiretapping ruling against Nixon and Attorney General John Mitchell also came in 1971. Keith said they couldn’t engage in the warrantless wiretapping of three people suspected of conspiring to destroy government property. The decision was affirmed by the appellate court, and the Nixon administration appealed and sued Keith personally. That is why I had to get a lawyer to represent me before the Supreme Court. And they affirmed me unanimously,Keith said. Keith remembered the wiretapping case going smoothly at first. He invited the attorneys for the U.S. government and the defendants, who were part of a group of white supporters of civil rights seen as radical by some and called the White Panthers, to his office. The defendants lawyers had been held in contempt of court by a Chicago judge, and Keith assured them things would be different with him.I served them coffee and doughnuts, we sat down, and I said, Now, in this court we are going to treat you men with dignity. When you get up to speak, the court will hear you and we will have a rebuttal by the other side, I will make a ruling and we will move on,  Keith recalled. Keith rose to chief judge in 1975. President Jimmy Carter appointed him to the appeals court two years later. As an appellate judge, he ruled against another president, George W. Bush, saying he couldn conduct secret deportation hearings of terrorism suspects. Keith 2002 opinion contained the line, Democracies die behind closed doors. A similar phrase is now the slogan of The Washington Post, which has credited Keith. Not all of Keith's memories are about landmark cases. He recalled a case in which a defendant didn't want to stand for a judge. Keith allowed the man to enter the courtroom after Keith was seated and then be escorted out before the judge adjourned. Keith is just as committed to equal rights now as he has always been, said Peter Hammer, director of the Damon J. Keith Center for Civil Rights at Detroit's Wayne State University. Last year, as the lone dissenter on a three-judge panel in an Ohio voting lawsuit, Keith filled 11 pages with photographs of people slain in the civil rights movement and wrote: I cannot forget indeed America cannot forget the pain, suffering, and sorrow of those who died for equal protection and for this precious right to vote. He is not going quietly into that great goodnight, Hammer said. He was the nation's judge, the country's concience, the people's decider.

-Jennifer Granholm

Governer of Michigan

Medieval politician and author.

Nicola Machiavelli is the source of political power struggles and racing games that today occur in the world. Game of thrones is known as television series such as James Town, Black Sails, Rome and House of Cards. It seems that all these TV series about power games are the most important interpretations of a script written around 1513 in the village of Sant' Andrea in Percussina in Tuscany, Italy. The manuscript´s title was Il principe (italian). The book was written by a bitter former civil servant in Florence's foreign administration. Niccoló Machiavelli (1468-1527). The book was about the exercise of power on moral and religious politics that prevailed in the Middle Ages Europe and Italy in particular. Machiavelli writes that "it's better to be feared than being loved if you can not be both".In the summer of 1498 he was appointed an important post in the foreign administration, namely, the first secretary of the second chancellor of Florence's possessions, including military and foreign affairs.In his office, Machiavelli came in contact with, often eye-to-eye kings, popes and princes.Through these contacts he got a unique opportunity to observe the dreary way they treated their subjects. After he wrote the Prince, he was accused of committing a conspiracy against the powerful Medici family that ruled the then the Republic of Florence that fell in 1512. He was imprisoned, but few months after he was released. After that he became author and political analyst. In the book The Republic of Discourses he writes about the first ten books of Titus Livius. Italy a country in a precarious situation in which Italy was experiencing when the Prince was written he wrote that Italy may require a strong and ruthless ruler, but it is just an emergency solution and the ideal is republic. En-lighteners of Republicans took Machiavelli's ideas and developed, for example, Montesquieu, which laid the foundation for the power-sharing principle. Machiavelli's Liberal Republicanism inspired the founding fathers in the United States, especially John Adams who liked the ideas expressed by  Machiavelli about power sharing and the importance for political rationalism. In the first place, Machiavelli thought of a transitional solution in chaotic Italy in a bad time. But the free republic of the book Discorsi was about the long-term goal of a vision of militarily strong and independent but above all united Italy. Machiavelli's vision became real after 343 years of his death.

Abdulkadir A. Mohammed, jurist

Friday, 26 May 2017 Maritime dispute between Kenya and Somalia. The legal framework for maritime boundary conflicts is relatively clear, although the practical difficulties are complex. Legal framework central to the case Kenya V Somalia is the following. Under the UN Convention on the Law of the Sea, a coastal State has sovereign rights to explore and exploit, conserve and manage the natural resources in its Exclusive Economic Zone. https://www.asil.org/insights/volume/15/issue/31/israel-lebanon-offshore-oil-gas-dispute--rules-international-maritime Under UNCLOS Article 57, the EEZ extends a maximum of 200 nautical miles from the baseline. https://www.asil.org/insights/volume/15/issue/31/israel-lebanon-offshore-oil-gas-dispute -rules-international-maritim Article 74 provides that States with opposite or adjacent coasts must delimit their EEZs by applying international law to achieve an equitable solution. Finally, States must deposit charts and lists of geographical coordinates of the EEZ to the UN Secretary-General.Somalia submitted to the its National Claimes to Marime Areas in 1972. Law no 37 of 10 September 1972 Art. 1 stipulates Somalia's Territorial Sea Art. 2 Measurements of Territorial Sea and so on. The law composed of 20 articles on Somalia's Territorial Sea. Thereafter Somalia's Peoples Assembly and the President of the Democratic Republic of Somalia both ratified Unined Nations Convention on the Law of the Seas on 2 September 1989. Like other maritime boundary disputes, the case could be settled through the International Court of Justice. As the Court only has jurisdiction on the basis of consent as Somalia demonstrated time and again. As UNCLOS Article 59 stipulates, in the case of a dispute between the interests of two coastal States, the conflict should be resolved on the basis of equity and in light of all the relevant circumstances. Relying on these considerations, the ICJ would define the Kenyan-Somali maritime boundry. Alternatively, the International Tribunal for the Law of the Sea could determine the maritime boundary given that either one or both of the countries in the dispute is/are member(s) and consented. Another way to go in solving the dispute is arbitration between Kenya and Somalia is yet another option that would also require consent by both States.Thursday, 25 May 2017.

Abdulkadir A. Mohammed, jurist

Trump travel ban blocked again by a US Federal Circuite Court

A federal appeals court refused Thursday to reinstate President Trump´s revised travel ban, saying it drips with religious intolerance, animus and discrimination.The court´s vote was 10 to 3.The court divided along ideological lines, with the three Republican appointees in dissent.Writing for the majority, Chief Judge Roger L. Gregory said Mr. Trump´s statements on the campaign trail concerning Muslims showed that the revised order was the product of religious hostility. Such discrimination, he wrote, violates the First Amendment´s ban on government establishment of religion.Then-candidate Trump´s campaign statements reveal that on numerous occasions, he expressed anti-Muslim sentiment, as well as his intent, if elected, to ban Muslims from the United States Judge Gregory wrote.

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-1351 v INTERNATIONAL REFUGEE ASSISTANCE PROJECT, a project of the Urban Justice Center, Inc., on behalf of itself; HIAS, INC., on behalf of itself and its clients; MIDDLE EAST STUDIES ASSOCIATION OF NORTH AMERICA, INC., on behalf of itself and its members; MUHAMMED METEAB; PAUL HARRISON; IBRAHIM AHMED MOHOMED; JOHN DOES #1 ; JANE DOE #2, Plaintiffs - Appellees, DONALD J. TRUMP, in his official capacity as President of the United States; DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF STATE; OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE; JOHN F. KELLY, in his official capacity as Secretary of Homeland Security; REX W. TILLERSON, in his official capacity as Secretary of State; DANIEL R. COATS, in his official capacity as Director of National Intelligence,THE COURT´S DECISION(in short) GREGORY, Chief Judge1 The question for this Court, distilled to its essential form, is whether the Constitution, as the Supreme Court declared in Ex parte Milligan, 71 U.S. (4 Wall.) 2, 120 (1866), remains a law for rulers and people, equally in war and in peace. And if so, whether it protects Plaintiffs right to challenge an Executive Order that in text speaks with vague words of national security but in context drips with religious intolerance, animus, and discrimination. Surely the Establishment Clause of the First Amendment yet stands as an untiring sentinel for the protection of one of our most cherished founding principles—that government shall not establish any religious orthodoxy, or favor or disfavor one religion over another. Congress granted the President broad power to deny entry to aliens, but that power is not absolute. It cannot go unchecked when, as here, the President wields it through an executive edict that stands to cause irreparable harm to individuals across this nation. Therefore, for the reasons that follow, we affirm in substantial part the district court´s issuance of a nationwide preliminary injunction as to Section 2(c) of the challenged Executive Order.1 Judges Motz, King, Wynn, Diaz, Floyd, and Harris join this opinion in full, Judge Traxler concurs in the judgment, and Judges Keenan and Thacker concur in substantial part and concur in the judgment.NB. The court delivered its ruling in a 205 pages document May 19, 2017. The Constitution of the United States, Art. 2, S. 4. Some of the grounds that a sitting president such as Trump of the USA can be impeached? The Constitution of the United States, Art. 2, S. 4, provides that the president, vice-president, and civil officers of the United States shall be removed from office on impeachment for, and conviction of treason, bribery, and/or other high crimes and misdemeanors. As for president Trump, it appears that he is already a subject of investigation following a number of potential accusations which could be a breach of the US Constitution.One most likely breach, if stablished by the ongoing investigations is what is called "an obstruction of justice" following president Trump´s abrupt firing of James Comey FBI's director knowing FBI's ongoing investigation on the executive branch of power. LEGAL DEFINITION OF OBSTRUCTION OF JUSTICE 1. The defendent acted with "corrupt" intent. 2. The defendent knew judicial proceedings were pending and wanted to interfere. 3. Defendent's action likely to affect these proceedings.Given the above mentioned situations, it is therefore likely that president Trump would be held accountable with obstruction of justice, if proved. It will in turn Art. 2, S. 4, of the US Constitution.

Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it. While it lies there, it needs no constitution, no law, no court to save it.

THINGS TO NOTE IN ITERNATIONAL COMMERCIAL ARBITRATION

International Commercial Arbitration

International Commercial Law

Arbitrationa Law Reports and Review

Journals of International Dispute Settlement

International Minimum Standard, Fair and Equitable Treatment

Transnational Legality. Stateless Law in International Arbitration

Choice of venue when it comes International arbitration

Damages in International Arbitration-Under complex Long Term Contructs.

Ethics in International Arbitration and Oxford Handbook of International Adjudication regarding International Arbitration.

Abdulkadir A. Mohammed, jurist

The ninth US Circuit Court of Appeals has gone against Trump´s wishes. The three presiding justices unanimously ruled in a 29-pages ruling court ruling against him by declaring the ban unconstitutional. The court explained its opinion in it´s ruling document why Trump as head of the US executive branch failed to demonstrate the legality on which his executive order affecting some Muslim countries was based on. The federal appeals court refused to reinstate Trump´s travel ban on travels from seven predominantly Muslim countries. Trump´s argument that his executive order was not reviewable by the courts was also rejected by the court in its ruling. The court stated that"there was no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy." Thanks to US District Judge James Robart in Seattle and  Mr Bob Ferguson Attorney General of the State of Washington. Rule of law prevails, at least now for the time being.

Nelson Mandela leaves the courtroom in Pretoria during the Treason Trial in 1958 where he was defence lawyer for his clients charged for treason.Africa.Old foes, here is Mandela with the man who sent him to jail the then presecuter Percy Yutar. As president Mandel surprised mr Yutar inviting him at the presidential palace for a breakfast and a friendly morning chat with his old foe .The same man who requested the court not to condemn Mr Mandela for hanging because he said this would mean sudden and easy death without suffering. He continued by saying that the court should send Mr Mandela to jail and hard work for the rest of his life. He concluded by saying "I want him to suffer in live". It was reported that in their conversation that Mr Mandela reminded the former apartheid presecuter Mandela´s day in court when the judgement was handed down.He said, Mr president referring to Mandela "we were wrong and you were right then".THAT WAS TWO LAYWERS REPRESENTING DIFFERENT SPECTRUM OF THE CONCEPT OF LAW MEETING OVER BREAKFAST. In the meeting Mandela assured the former enemy under apartheid that the new south africa observes and defends constitutional rights of former enemies under apartheid. They are no longer former enemies but fellow citizen of South Africa equal under law. Old friends-with fellow aricled clerk Nat Bregman and former principal Lazar zidelsky. 

 Also working for Sidelsky was fellow articled clerk Nat Bregman, a Marxist and also a stand-up comedian who sometimes did turns on the radio and later ran his own law practice. Mandela described him as his first white friend, went to meetings with him and shared his sandwiches during their lunch break. He studied diligently at night and in 1943 returned to Fort Hare University for his Bachelor of Arts degree graduation. In 1943 Mandela had also enrolled at Wits to begin his Bachelor of Laws course – the LLB, in the hope of becoming an advocate. It was a part-time course and he was then the only black student in the law faculty and there had never been a black barrister in Johannesburg. Duma Nokwe was the first black advocate to be called to the Bar in 1956. It was through the university that he met Joe Slovo, Ruth First, Bram Fischer, George Bizos, J.N. Singh and Ismail Meer, among many others. Final-year-LLB-Wits-1949 final year LLB Wits 1949 Mandela as a student at Wits University where he studied part- time from 1943 - 1946 fulltime in 1947 - 1948. Those who were accused for treason in 1950s, some of them had Nelson Mandela as defence lawyer.

INTERNATIONAL COURT OF JUSTICE

Peace Palace, Carnegieplein 2, 2517 KJ  The Hague, Netherlands

+31 (0)70 302 2323; Fax: +31 (0)70 364 9928

Website:http://www.icj-cij.orgcij.org;Jan. 20 2017

Maritime Delimitation in the Indian Ocean (Somalia v. Kenya) Preliminary Objections

The Court to deliver its Judgment on Thursday 2 February 2017 THE HAGUE, 20 January 2017. On Thursday 2 February 2017, the International Court of Justice (ICJ), the principal judicial organ of the United Nations, will deliver its Judgment on the preliminary objections raised by Kenya in the case concerning Maritime Delimitation in the Indian Ocean (Somalia v. Kenya). 

 A public sitting will take place at 3 p.m. at the Peace Palace in The Hague, during which Judge Ronny Abraham, President of the Court, will read the Court’s decision. History of the proceedings The history of the proceedings can be found in Press Releases Nos. 2016/26 of 23 September 2016 and 2016/15 of 26 May 2016 available on the Court´s website under the heading Press Room Press Releases A. Admission procedures Owing to the limited number of seats available in the Great Hall of Justice, priority access will be given to representatives of the States Parties to the case, and to members of the diplomatic corps.

1. Members of the diplomatic corps

 The Information Department requests members of the diplomatic corps who plan to attend the reading to notify it accordingly before midnight on Tuesday 31 January 2017 (The Hague time), by e-mail to confirmation@icj-cij.org.

Members of the public.

A number of seats will be allocated to members of the public on a first-come, first-served basis.There will be no advance registration procedure, and admission requests submitted beforehand will not be considered.

3. Media representatives representatives are subject to a compulsory online accreditation procedure, which will close at midnight on Tuesday 31 January 2017.

Requests submitted after this deadline will not be considered.

For full details (timetable, technical facilities, etc.), see the section below entitled

Further practical information for the media

B. Further practical information for the 1. Entry to the Peace Palace

The Press Room will be open from 2 p.m. to 6 p.m. Accredited media representatives must bring with them their personal ID and press card.They are asked to arrive at the Peace Palace gates between 2 p.m. and 2.30 p.m. Only duly accredited individuals with valid identification will be permitted to enter the Peace Palace grounds.

2. Parking at the Peace Palace, satellite vehicles

No parking is allowed in the Peace Palace grounds apart from satellite vehicles.

Media wishing to park satellite vehicles are requested to fill in the appropriate fields in the online accreditation form.Televised media wishing to broadcast the sitting live should contact the Information Department as soon as possible to make the necessary arrangements. Satellite vehicle technicians/drivers will be informed in due course of the access times for the Peace Palace grounds.

3. Access to the courtroom

Photographers and camera crews will only be permitted to enter the courtroom between 2.40 p.m. and 3.05 p.m.They will be accompanied by Registry staff members and must keep to the right-hand side of the room.

4. Press room

The reading will be transmitted live on a large screen, in English and French, in a press room equipped with a shared Internet access (Wi-Fi, Ethernet). TV crews can connect to the Court´s PAL (HD and SD) and NTSC (SD) audiovisual system and radio reporters to the audio system.

5. Videos, still photographs

Video files (SD/MPEG2 and HD/MPEG4) and still photos produced by the Registry during the sitting on Thursday 2 February 2017 will be available free of charge, for non-commercial use, at the close of the proceedings (to download, click on www.icj-cij.org/multimedia).

6. Other media services

For further practical information (on requests for interviews, TV stand-up positions, audio and video outputs available, etc.), please visit the Court´s website. Click on Press Room and then Media Services. The Court´s press releases do not constitute official documents.

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations.

It was established by the United Nations Charter in June 1945 and began its activities in April 1946.  The seat of the Court is at the Peace Palace in The Hague (Netherlands).

Of the six principal organs of the United Nations, it is the only one not located in New York The Court has a twofold role: first, to settle, in accordance with international law, legal disputes submitted to it by States (its judgments have binding force and are without appeal for the parties concerned);and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system. The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. Independent of the United Nations Secretariat, it is assisted by a Registry, its own international secretariat, whose activities are both judicial and diplomatic, as well as administrative. The official languages of the Court are French and English. Also known as the World Court, it is the only court of a universal character with general jurisdiction.

The ICJ, a court open only to States for contentious proceedings, and to certain organs and institutions of the United Nations system for advisory proceedings, should not be confused with the other mostly criminal judicial institutions based in The Hague and adjacent areas, such as the International Criminal Tribunal for the former Yugoslavia (ICTY, an ad hoc court created by the Security Council), the International Criminal Court (ICC, the first permanent international criminal court, established by treaty, which does not belong to the United Nations system), the Special Tribunal for Lebanon (STL, an international judicial body with an independent legal personality, established by the United Nations Security Council upon the request of the Lebanese Government and composed of Lebanese and international judges), or the Permanent Court of Arbitration (PCA, an independent institution which assists in the establishment of arbitral tribunals and facilitates their work, in accordance with the Hague Convention of 1899).

Information Department:

Mr. Andrey Poskakukhin, First Secretary of the Court, Head of Department (+31 (0)70 302 2336)

Mr. Boris Heim and Ms Joanne Moore, Information Officers (+31 (0)70 302 2337)

Mr. Avo Sevag Garabet, Associate Information Officer (+31 (0)70 302 2394)

Ms Genoveva Madurga, Administrative Assistant (+31 (0)70 302 2396) 

Federal Judge Ann M. Donnelly stopped president Trump´s  executive order on immigration.

Accoding to Washington post Ann M. Donnelly waited half a year for her chance to convince the Senate that she would make a good federal judge. And then Saturday night after a year and a week on the federal bench, Donnally sat in her own courtroom in Brooklyn while people from all walks of live shouted and cried in US airports nationwide. Donnelly spent quarter centry as a New York prosecuter. Her most famous case was against two executives who looted thier company. A trial that the New York times described as "six months of sometimes tedious testimony".Donnelly´s closing argument in Tyco International case when she "at times seemed like a schoolteacher lecturing at her students". The executives "believed they were above the law and they believe the rules that apply to other people do not apply to them" Donnelly told the jury in 2004. January 2017 she applied the same principle to the US president Trump as an executive president issuing an executive order reviewable its legality under rule of law, just like federal judge Damon J. Keath´s over-ruling president Nixon executive order illegally listning private communications and arresting US citizens without prior legal process (due process) according the law of land.

Nelson Mandela: The Lawyer by Justin Hansfordbull. December 2013

Nelson Mandel at work in the Johannesbourg Law Chambers where he and Oliver Tambo practised law together during the apartheid era. Jurgen Schadeberg [Ed: 5 Dec] marks the loss not only of one of the greatest figures of the 20th century, but also one of the greatest lawyers. Most would readily agree that Mandela was a great leader and a great statesman. Indeed, I still remember when as a child I watched on TV with tears of joy as Nelson Mandela danced at his inauguration, victorious. Not only was Mandela able to add dignity to the struggle for racial justice and save countless lives by averting civil war and helping to create a democratic South Africa, but additionally he has been able to inspire people all over the world with the example of his life. But as a lawyer- Mandela opened the first black law firm in South Africa in 1952 with his friend, Oliver Tambo. As Mandela recounts in his autobiography A Long Walk to Freedom, during that time, it was a crime for blacks to drink at a Whites Only water fountain, walk on a Whites Only beach, or ride on a Whites Only bus. Because of Apartheid laws, everyday Black South Africans often ended up in court in need of legal representation. Not only were the white law firms often too expensive for Blacks, but Mandela found out through his own investigation that many of the blue-chip firms charged Africans even higher fees for criminal and civil cases than they did their far wealthier white clients. By focusing on providing legal representation for Africans who may have otherwise entered court without proper representation, Mandela and Tambo served as a sort of legal aid and public defender wrapped into one, fulfilling the core mission of the legal profession by providing access to justice. After spending nearly a decade honing his lawyerly talents inside the confines of the courtroom, Mandela perhaps as well as any lawyer in the 20th century translated the core competencies of the legal profession into the political project of helping to create a democratic South Africa. As a leader of the African National Congress, Mandela eagerly participated in both strategic and tactical deliberations with his ANC colleagues, helping to craft the political and legal ideas that would one day drag a country kicking and screaming from the brink of civil war to the aspiration of truth and reconciliation. And after emerging from 27 years of imprisonment at the hands of the Apartheid government, Mandela miraculously sought peace and democracy without bitterness with the same Afrikaner regime that had locked him in a cage for a quarter century, during the prime of his life, because of his political beliefs.Mandela´s heroism satisfies a very old standard of lawyerly excellence. Twenty years ago, Anthony Kronman, then Dean of Yale Law School, famously bemoaned the lost ideals of the legal profession embodied by the demise of the concept of the lawyer-statesman. Kronman described the lawyer statesman as a lawyer who not only honed his legal craft but also pursued the art of great statesmanship, thereby rightfully earning the respect of the community and the respect of himself. The art of great statesmanship entailed two qualities, extraordinary devotion to the public good, and wisdom in This would tend to support wise judgment, which on the personal level would lead to integrity and in the public sphere would lead to the promotion of political fraternity, or empathic pluralism.Historically, the lawyer statesman ideal had many shortcoming most notably its narrow confinement to the confines of the white, male, elite white shoe law firm lawyers. But Mandela, more than any of those coddled lawyers, embodied the lawyer-statesman ideal while simultaneously shattering its limitations from the grassroots to the prison cell to the presidency. During a century that saw the public’s opinion of the legal profession steadily decrease, Mandela´s reputation rose. He was perhaps the most respected person of our times. However, few have recognized that the values that Mandela put his life on the line for-democracy, human rights, and the rule of law are the highest values of the legal profession, shared by many lawyers around the world. In all likelihood, Mandela´s life in the law played a significant role in the formation of his character as the greatest man in the world.It is no longer either realistic or desirable to revive the old version of the lawyer-statesman ideal. Law schools are having more difficulty attracting students, as drastic shrinkage of the big-law market has made it less likely that a young student can justify going into six-figure debt for the opportunity to become a white-shoe lawyer statesman or stateswoman. At the same time, the need for lawyers who can help low-income people with bankruptcy and foreclosure work has increased, and the desperate need to help people navigate the overloaded criminal justice system has not waned either. Finally, all of this economic stress has contributed to seismic fractures in our society social fabric, bolstering both the rise of extremism in domestic politics and international terrorism on a global level.Recognizing Mandela as the ideal lawyer is the type of reorientation that would highlight the real tangible goods that lawyers can contribute to society today, including the ability to help provide access to justice and create civic cohesion. Nelson Mandela’s image should replace the image of the scales or of lady justice as the iconic image of the legal profession. Mandela (left) with Algerian army leaders in 1962.

Justin Hansford is Assistant Professor at Saint Louis University School of Law.

In 1962 Nelson Mandela as guerilla man at the Algero-Moroccan border with FLN leaders ( Le fron de la liberation nationale) de l'Algerie.This picture was taken by the late Jacques Verge´s the worlds most famous french lawyer who was a friend of Nelson Mandela. Jacques Vergés smuggled Nelson Mandela into Algeria from Morocco for guerilla training and sabotage activities against apartheid regime in South Africa.The internationally renowned french anticolonialist lawyer was also called The Devils Lawyer by colonialists who did not like him because of his sharp intellect and anticolonialism. Jacques Vergés was 19 years old when Nazi Germany invaded part of France in collaboration with the so-called Vichy Government. He was 19 years old and law student at Paris University, France at the time. He immediately volunteered in the free french army led by General De Gaullle. MaitreVergés  in 1950s succesfully deffended in pro bono the Algerian independent fighters, members of FLN. Djamila Bouhired was one of them the military tribunal in Alger condemned her to death. At the that time maitre Vergés invented a new deffence strategy called "le rupture de la défense" in french meaning that the accused refuses the legetimacy of the court hearing. For example the public prosecuter claimed they were french citizens they said no because they were algerian citizens. The french state accused them for terrorism and regarded then terrorists. The accused denied catogorically and said they were fighting for freedom, freedom fighters. At that time their lawyer maitre  Vergés came-up with the idea of cutting contacts with with court claiming that there was no common legal legal ground which could justify a court hearing in the case. He said the French government had no case to demonstrate against his clients while his clients had no case to case to answer.In otherwords they were civilians and court was a military court, therefore the military court which exclusively was for the french army personnel had no jurisdiction in a civilian case where the acused were civilians. AND IT WORKED FOR maitre Vergés and thereby winning the case on behalf of his clients. Brilliant defence tactic was it.

Abdulkadir A. Mohammed, jurist

Recent Sarah Olneys victory for the Libdems in London`s  Richemond Park by election is a clear indication for the ongoing ill planned BREXIT. What is going on in UK reminds me a constitutional disorder. Prime Minster May´s government doe not know what to do in the aftermath of the BREXIT referendum. Well, Should it rely on the Parliament or should it be a matter for the courts of law to decide on the legality of BREXIT. According the British daily newspaper The Independent I quote "The Attorney General Jeremy Wright is to warn Supreme Court judges that they should steer clear of getting involved in political decisions as the Government goes to the Supreme Court in the latest stage of the legal battle over Brexit. Attorney General Jeremy Wright will lead the case for Theresa May´s administration in its bid to overturn a High Court decision made earlier this year, which secured Parliament the right to vote on launching Brexit talks" The question is when and the Supreme Court judges were involved in politically motivated court rulings? Such a comment would really put the whole country in suspense.

Abdulkadir A. Mohammed, jurist

Somalia versus Kenya at ICJ-Hague, the Netherlands

MEMORANDUM OF UNDERSTANDING- In the case of maritime dispute between Kenya and Somalia Somalia first brought the dispute to the ICJ on August 14, 2014, when Somalia filed an application with the international court to establish a single maritime boundary between Somalia and Kenya in the Indian Ocean, “delimiting the territorial sea pursuant to the [United Nations Convention on the Law of the Sea (UNCLOS) and customary international law.  According to Somalia, Kenya wants the maritime boundary between the two countries to extend as a straight line from the parties land boundary, along the parallel of latitude where the land boundary sits, through the territorial sea, Somalia's proclaimed exclusive economic zone, and the continental shelf. Somalia argues that the straight line violates UNCLOS Article 7 and that UNCLOS Article 15 instead requires the border between the territorial seas to be a median line and the border of the exclusive economic zone and continental shelf to be resolved in the three-step process laid out in Articles 74 and 83.

On October 7, 2015, Kenya filed preliminary objections challenging the admissibility of Somalia's application and the ICJ's jurisdiction to hear the case.Kenya reportedly argues that the two countries April 7, 2009 Memorandum of Understanding requires them to resolve their dispute through the United Nations Commission on the Limits of the Continental Shelf (the CLCS), not the ICJ. On February 5, 2016, Somalia filed a response rejecting Keny's bid for an out-of-court settlement and proclaiming that it would seek justice only at the ICJ.

With no further filings scheduled, the ICJ might rule on the preliminary objection later this year. At the heart of the case is the infamous M.O.U. signed by both countries, though for Somalia part. It is common for parties who have negotiated the key terms of a proposed relationship to enter into a preliminary written agreement, as it was the recent maritime case between Kenya V Somalia -with the intention of recording their agreement in a more formal way in the future.The issue to remember with these arrangements is to know whether there is a binding agreement or whether neither party is bound. Somalia has brought its maritime dispute with Kenya to the International Court of Justice . The ICJ'S treatment of the case will have important repercussions not only for Somalia and Kenya (and possibly neighboring Tanzania), but also for energy companies interested in exploiting East Africa offshore resources. unless a formal agreement is entered into.It is clear, in the Kenya V Somalia maritime case was not a binding agreement, because it lacked basic fomalities known for such a binding agreement.The issue to remember with these arrangements is to know whether there is a binding agreement or whether neither party is bound unless a formal agreement is entered into. Arrangements of this type generally fall into one of three categories. Whether the arrangement has any legal value will depend upon which category your arrangement falls into. In many of these cases the value does not depend on what you call your arrangement, be it a  or heads of agreement Rather, it depends on the terms and wording of the arrangement.INTEND TO BE IMMEDIATELY BOUND where the parties have finalised all the terms of their agreement and intend to be bound immediately but will put those terms in a form that is more precise (but no different in effect). For example, the parties may agree on all the terms of an agreement between themselves and draw them up and sign them but also state that that they will engage a lawyer to put those terms into a formal agreement. An agreement will usually fall into this category if it is clear that the parties intended it to be binding and the terms are clear and certain enough so as to be legally enforceable. The introduction will also usually seek to clarify that the document is intended to be legally binding. In the case Kenya V Somalia the infammous MoU in the afore said case was not well drafted so that it would  fall into this category which would be beyound reasonable doubt that an enforceable agreement in the matter was reached.The ICJ’s resolution of the parties’ dispute will have ramifications for international energy companies that have contracted with Kenya to develop the disputed territory. In 2012, Kenya opened eight new offshore blocks for sale to corporations, including L-5, L-21, L-22, L-23, L-24, and L-25 within the disputed territory. As Somalia reports in its application:

Kenya awarded Block L-5 to the American company Anadarko Petroleum Corp. in 2010 (though subsequent reports appear to indicate that Anadarko gave up its interest in late 2012 or early 2013). Blocks L-21, L-23 and L-24—which lie entirely (in the case of L-21 and L-23) or predominantly (in the case of L-24) on the Somalia side of a provisional equidistance line—were awarded to the Italian company Eni S.p.A. in 2012.  Block L-22 was awarded to the French company Total S.A. the same year. Press reports confirm that, in 2012, Total S.A. entered into a production sharing contract with the Kenyan government to operate L-22 with a 100 percent interest and holds a 40 percent interest in the Anadarko-operated L-5. Somalia itself recently invited energy companies to contract to explore the disputed area.  And, if the ICJ adopts Somalia’s position, Tanzania’s control over Blocks 10, 11, and 12—licensed to Shell and Dominion Energy—will come into question.

The ICJ’s ultimate resolution of the case will undoubtedly influence the future of East Africa’s offshore development. Companies contracting with Kenya and Tanzania for offshore development—and companies considering such contracts with Somalia—should continue to monitor the ICJ’s handling of the dispute.

Procedural status before the International Court of Justice regarding maritime dispute between Somalia and Kenya

Rule of law is an ambiguous term that can mean different things in different contexts. In one context the term means rule according to law. No individual can be ordered by the government to pay civil damages or suffer criminal punishment except in strict accordance with well-established and clearly defined laws and procedures. In a second context the term means rule under law. No branch of government is above the law, and no public official may act arbitrarily or unilaterally outside the law. In a third context the term means rule according to a higher law. No written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice that transcend human legal systems. In rule under law requires the government to exercise its authority under the law. This requirement is sometimes explained w

Rule according to law; rule under law; or rule according to a higher law.

ith the phrase "no one is above the law." During the seventeenth century, however, the English monarch was vested with absolute sovereignty, including the prerogative to disregard laws passed by the House of Commons and ignore rulings made by the House of Lords. In the eighteenth century, absolute sovereignty was transferred from the British monarchy to Parliament, an event that was not lost on the colonists who precipitated the American Revolution and created the U.S. Constitution.

Under the Constitution, no single branch of government in the United States is given unlimited power. The authority granted to one branch of government is limited by the authority granted to the coordinate branches and by the Bill of Rights, federal statutory provisions, and historical practice. The power of any single branch of government is similarly restrained at the state level. During his second term, President richard m. nixon tried to place the Executive Branch of the federal government beyond the reach of legal process. When served with a subpoena ordering him to produce a series of tapes that were anticipated to link him to the Watergate conspiracy and cover-up, Nixon refused to comply, asserting that the confidentiality of these tapes was protected from disclosure by an absolute and unqualified Executive Privilege. In united states v. nixon, 418 U.S. 683, 94 S. Ct. 3090, 41 L. Ed. 2d 1039 (1974), the Supreme Court disagreed, compelling the president to hand over the tapes because the Constitution forbids any branch of government from unilaterally thwarting the legitimate ends of a criminal investigation.

A successful legal practice today requires the ability to tackle cross border transactions that are increasingly becoming the norm in this era of globalisation. Dealing within the EU and throughout the world is becoming increasingly complex, and to deal effectively with this rapidly changing legal and business environment, a successful lawyer must be well-versed in European Union competition law, company law as well as in matters of international business, trade and marketing and immigration.

Restraint of Trade Contracts

In contemporary commercial environments, restraint of trade contracts are common. These are contracts that state, for example, that a person selling a business agrees not to open a similar business within 50 miles of the business being sold and for a period of ten years. On the face of it, such contracts, while not illegal, fly in the face of public policy as it is considered to be "good for the state" that men and women be free to ply their profession without restriction.

This is yet another area where the common law flip-flops and it is difficult to pin point the rule of law from one case to the next. Through it all, some general principles have prevailed, as aptly summarized in a 1894 case, Nordenfelt v. Maxim Nordenfelt Guns & Ammunition Co., a case so widely-accepted that it has becomne known as the Nordefelt Test Meanwhile "All interference with individual liberty of action in trading, and all restraints of trade themselves, if there is nothing more, are contrary to public policy and therefore void. That is the general rule. But there are exceptions: restraints of trade ... may be justified by the special circumstances of a special case. It is a sufficient justification, and indeed it is the only justification, if the restriction is reasonable - reasonable, that is, in reference to the interests of the parties concerned and reasonable in reference to the interests of the public, so framed and so guarded as to afford adequate protection to the party in whose favour it is imposed, while at the same time it is in no way injurious to the public." Some of the factors that a court will look for to decide the "reasonableness" of the restraint of trade contracts will be situations where trade secrets were involved. But special skills learned by an ex-employee while on the job belong to that employee and the exercise of those skills alone cannot be curtailed. Nor should the restraint be for an inordinate amount of time or a geographical limit that is excessive or that exceeds the actual scope of the business at the time of sale.In restraint of trade contracts pursuant to the sale of a business, the court's are more receptive but, again, only if the contract is reasonable in the circumstances. Each case will be decided on its own merits (see also cases such as Shatilla and H. F. Clarke in page 7, Interpretation of Contracts).

CONTRACT- A meeting of minds in Roman law called a consensus ad idem. That is to say a contract needs a meeting of minds. 

If one or both parties have been mistaken about an element of the contract, then there is noconsensus ad idem. But that does not necessarily mean that the contract is void. Such a rule could breed abuse.

International Commerce

As a commercial legal adviser, I do things in a way that suits the needs of modern businesses. I constantly challenge my working practices to ensure that I strive to improve and develop the way I provide my advice and assistance to my clients.

 Testo Iuris Consultus has been established to help small and medium sized businesses by providing a high quality, on-demand legal advice service very efficiently and at reasonable rates.

My service standards are based upon what business expects. No unnecessary delays, excellent advice from experienced legal counsel that clients can understand and a commercial approach to charges not followed by traditional law firms.

It is my firm believe that my clients should get the best service available and that is what I aim to provide. My service is responsive and flexible and ensures that our clients are confident that they have the legal support they need when they need it.

When a client needs a clear explanation of complicated contract terms, general commercial legal advice, negotiating a commercial agreement, advising during a corporate transaction or auditing existing contracts and policies, I can help.

My very efficient business structure and methods of work mean that, by acting as legal consultant and keeping the costs low, utilising the technology available and being socially responsible, I can pass on significant cost savings to our clients.

Thanks.

Abdulkadir Mohammed

Legal Counsel @ Testo Iuris consultus.

SOURCES OF ISLAMIC LAW

Obvious starting point for contemplating a properly constituted Islamic life is the style and the explanatory and supplementary addendum of the Prophet Muhammad, style the so-called Sunna. A. Quran and Sunna considered equal in terms of authority. But the Sunna differs from that of the Quran in that the attribution of individual reports about the Prophet´s words and actions, reports known as hadith 2. in the early period, the Sunna of the Prophet was not always distinguishable from local practice of the various centers, especially that of the Prophet´s city of Medina C. The spread of Islam outside Arabia further complicated this matter by augmenting the

number of local practices that could be conflated with Prophetic Sunna and credited

with the authority of religious law

D. This gives rise to the first “revolution” in Islamic law

A. Al-Shâfi‘î’s contribution was two-fold:

1. He imposed formal strictures on the enterprise of legal argument, identifying

both the sources of law and the acceptable methods of interpreting them

a. His efforts in this regard eternalized the following as the four

universally agreed upon sources of Islamic law

i. Qur’ân

ii. Sunna

iii. Unanimous Consensus (Ijmâ‘)

iv. Analogy (Qiyâs)

II. Prior to late 2nd/8th century, legal deliberations had been proceeded on the basis of the primary sources mediated through local custom (sometimes accurately and sometimes inaccurately equated with Prophetic Sunna) and an Arab nativist practical reasoning. This would all change with the famous jurist, Muhammad b. Idris al-Shâfi‘î, who laid the foundations for a formal legal theory and emphatically separated Prophetic Sunna from local practice

2. He vehemently argued that only the Sunna or established practice of the Prophet Muhammad was probative as a source of law

a. His efforts in this regard are reflected in the chronological development of the canonical collections of hadith

i. al-Shâfi‘î dies in 204/819

ii. All of the authors of the so-called Six Sound die between the middle and the end of the 3rd/9th century

B. Al-Shâfi‘î’s efforts also resulted (indirectly and unintentionally) in the rise of legal formalism as the established method of interpretation

1. Meaning limited to the observable features of the Arabic language

2. Legal formalism leveled the playing field between Arab nativists and the Arabicized non-Arab Muslims from the conquered territories, as the history, social customs and non-linguistic indicators of meaning to which the Arabians had direct access, are marginalized

a. Full-blown Islamic legal theory basically a compromise between al-Shâfi‘î and the legal formalists

III. Disputed sources and methods

A. Excesses of formalism recognized. This confers recognition upon certain controls and countervailing methods carried over from the pre-theory period:

1. Istihsân / Equity

2. Maslahah / Public Utility

3. ‘Urf / Custom

The Post-Formative Period

I. Ijtihâd, or independent interpretation, both on the basis of the sources and practical reasoning of the pre-theory years and on the basis of methodologies enshrined by the full-blown formal theory produces authoritative figures and transform interpretive communities or madhhabs into sources of legal authority

A. Formal theory confers prima facie authority upon all views that could be vindicated on the basis of the recognized methodology. This inaugurates the post-formative period of Islamic law and the regime of taqlîd or “following precedent”

1. Four equally orthodox, equally authoritative schools: Hanafî, Mâlikî, Shâfi‘î and Hanbalî schools

B. With the “settling down of the madhhabs,” legal interpretation evolves to the point that it now begins with the doctrines, precepts and precedents of the established schools rather than the primary sources

1. Basis of authority shifts from the individual jurist to the school of law as a whole. Whereas the jurist in the formative period gave a fatwâ or legal opinion in his own name, he now issued fatwâs primarily in the name of the school to which he belonged. Where his own views diverged from those of his school, he had now either to bring the school over to his way of thinking or disguise his view as that of the school

2. Legal precepts / Qawâ’id (what American Constitutional law refers to as “tests”) replace the primary sources, i.e., Qur’ân, Sunna, as the starting point of legal deliberation

a. E.g., “oscillation between loan and price”

2

II. Ijtihâd, i.e., reverting to the primary sources, now the exception and must be justified.

A. Taqlîd (a cognate of stare decisis) now the norm and diverging from it must be justified

B. This tension between ijtihâd and taqlîd, the individual jurist and the collective madhhab and the primary sources and legal precepts define Islamic law from the high classical period right down to modern times.

The whole value of the legal system - the integrity of the rule of law - is at once destroyed if it becomes possible for officials, by arbitrary decisions made not in public court rooms but in the private offices of officialdom, without hearing the parties, without taking evidence, free from all obedience to settled legal principles, and subject to no appeal, effectively to overrule the Courts and deprive a Canadian citizen of a right he has established by immemorial method of a trial at law.Bachand v Dupuis, [1946] D.L.R. 641

Judge Damon Keith

Crusader For Justice: Federal Judge Damon J. Keith

The Honorable Damon J. Keith was appointed to the federal bench in 1967 and has served as a judge on the United States Court of Appeals for the Sixth Circuit since 1977, where he has been an eloquent defender of civil and constitutional rights and a vigorous enforcer of civil rights law. In Crusader for Justice: Federal Judge Damon J. Keith, authors Peter J. Hammer and Trevor W. Coleman present the first ever biography of native Detroiter Judge Keith, surveying his education, important influences, major cases, and professional and personal commitments. Along the way, the authors consult a host of Keith's notable friends and colleagues, including former White House deputy counsel John Dean, Supreme Court Justice Clarence Thomas, and industrialist Edsel Ford II for this candid and comprehensive volume.

Hammer and Coleman trace Keith's early life, from his public school days in Detroit to his time serving in the segregated U.S. army and his law school years at Howard University at the dawn of the Civil Rights era. They reveal how Keith's passion for racial and social justice informed his career, as he became co-chairman of Michigan's first Civil Rights Commission and negotiated the politics of his appointment to the federal judiciary. The authors go on to detail Keith's most famous cases, including the Pontiac Busing and Hamtramck Housing cases, the 1977 Detroit Police affirmative action case, the so-called Keith Case (United States v. U.S. District Court), and the Detroit Free Press v. Ashcroft case in 2002. They also trace Keith's personal commitment to mentoring young black lawyers, provides a candid look behind the scenes at the dynamics and politics of the Sixth Circuit Court of Appeals, and even discusses some of Keith's difficult relationships, for instance with the Detroit NAACP and Supreme Court Justice Clarence Thomas.

CORPUS JURIS CIVILIS

It started in the 5 th century when the great Flavius 

Sabbatius Justinian (482-565) when he ordered with the advice of  Tribonian , who led the task and became Justinian's top legal advisor for a consolidation of roman law into a great code, which became known as the institutes-the Corpus Juris Civilis.  Roman law code  served as the direct basis for the civil law system, a system which is by far the most prevalent legal system in the world today. Born Flavius Petrus Sabbatius at Tauresium (now Skopje, Republic of Macedonia), he was adopted by his uncle, Emperor Justin I, thereafter taking the name of Justinian.  He was well aware of the crisis in Roman law; too many sources and to many divergent paths being opened. There were already competing editions of purported "Institutes" of Roman law.  Justinian knew that the body of law cried out for consolidation, which would only be effective if done under the auspices

of the empire. Justinian retained trustworthy jurists, such asTribonian (the Digests and the Codex, Second Edition) and John of Cappadocia (Codex, First Edition), to do the daily work of law consolidation and reform but he supported the project fully.

In fact, with the publication of the four parts of his project, named collectively as Justinian’s Institutes or the Pandects, he succeeded where his predecessor Theodosius had failed.

His collection served as an important basis for law in contemporary society, and was inspired by logic-based Greek legal principles. Many legal maxims still in use today are derived from Justinian's code.

A quote:

Civil law based Roman law, according to the Institutes, has survived in many parts of Germany until 1900 and important traces of it can be found in the law of Italy, Scotland, South Africa and Quebec.

STRUCTURING AND LICENSING FOR INTERNATIONAL COMMERCE 

Planning business in Dubai, UAE

In addition to the possibility of setting up in one of Dubai’s  numerous free zones, international businesses wishing to do  business in Dubai may incorporate or register a local entity  under the Companies Law or the Civil Code, register a branch  or representative office of a foreign company or enter into a  commercial agency relationship with a UAE national. Each of these business structures (other than setting up in a  free zone) requires varying degrees of participation from UAE nationals – for example, 51 per cent of the share capital of a  company incorporated under the Companies Law must be held by UAE nationals, and branch and representative offices must appoint a UAE national to sponsor the office for its licence application and for various other matters. Further, each of these structures has limitations on the scope of permitted activities. Most notably, a representative office may generally only perform marketing and administrative functions on behalf of a foreign parent, and a branch office may generally only engage in activities which involve the promotion of the skills and expertise of the person conducting the business.  

A company is not only measured by the returns it gives to its shareholders, but also by the returns it provides to the society, that is surely the true measure of any corporation.

Europe got a head start on investment funds when Switzerland and Britain set up the first two, in 1849 and 1868 respectively. But a great innovation was made in the US (Boston, 1924) when the first “open-ended” fund was set up. Open funds – still the most popular type today – are more flexible than “closed” funds and, in practice, are easier to buy and sell, and prices are a more accurate reflection of the underlying assets than closed funds. The US is now the biggest investment fund market in the world, accounting for about €8000 billion, which is half of global investment (according to 2006 figures).

Businesses commonly invest in the same kind of funds as individuals – equities, fixed interest, government stock and cash, primarily – although the corporate sector will be more likely to invest in riskier and more sophisticated funds (such as currency and hedge funds). In theory, businesses should be hoping to get better returns from carrying out their own trade rather than investing in the markets, but the reality is very different. As well as wanting a cash buffer zone in economic conditions, which are increasingly difficult to predict due to globalisation, the internet, growing consumer power, energy shortages, and price rises mean that businesses increasingly need to hedge against currency fluctuations. Many simply want to take their time deciding how to invest in their own operating sector.

In 2006, only 47 per cent of the world’s investment fund money was in equities, with 18 per cent each in bonds (fixed interest) and money markets (cash), with the remainder in a mixture of these or in more specialist funds. When money goes out of equity and into cash, it is a clear sign that investors are nervous about the prospects for shares.

Historically, equity investment has outperformed fixed interest bonds by a significant margin since records began. In the US real (post-inflation) equity returns have averaged 7.1 per cent a year since 1925 while bonds have averaged just 2.3 per cent, and cash just 0.7 per cent, according to the Barclays Equity Gilt Study 2007. To put it another way, US$100 invested in 1925, with all income reinvested, would now be worth US$25,918 if the money had gone into equities, but just $635 if the investment had been in Treasury bonds.

Testo Iuris Consultus  is a domestic and international general legal counselling chamber.  I advise and represent clients on a broadly diversified range of commercial transactions and offer a full range of legal services in private and business law.

I provide legal advice in Swedish and English , commercial and private international law. I am familiar with matters involving international commercial business contracts; product liability; intellectual property; personal injury; professional negligence.

My office handles both domestic and international business: in order to assist clients with their cross-border transactions we maintain close relationship with numerous correspondent law firms in other jurisdictions throughout the world.

Membership:
International Law Association, Swedish chapter
Avocats Sans Frontiers

Your right as a customer

Now a days, almost anything we buy from a shop, catalogue or even Internet, there is some thing wrong with it. In this case what does law say as it stands in a situation like this. To start with, traders have a duty to supply products that are safe, in this case the dress in question. If the trader knowingly supplied unsafe goods, then they committed an offence. However if you buy an unsafe product, contact without delay your local Trading Standards Offence who will investigate the matter and prosecute the trader if necessary.

What does the law say?

 One of most important laws governing your rights as a consumer is the Sale of Goods Act 1979. Like many laws it has evolved to keep up with changes in society so that the Act now includes the ‘amendments’ the Sale and Supply of Goods Act 1994 and the Sale of Goods (amendment) Act 1995. This a wide-ranging legislation that applies to both new and second hand goods. It protects consumers by ensuring that:
1. Goods are of ‘satisfactory quality’.
2. The product must last a reasonable time and be free from defects.
3. Goods as ‘described’-a trader or advertisement must honestly descried the product. For example you buy a CD that turns to be a counterfeit.
4. Fit for purpose-products must do what the supplier says to do.
Customers benefit from various protection under the Sale of Goods Act 1979. This Act was updated and amended by the Sale and the Supply of Goods Act 1994. To benefit from it, I would advice my client must have entered into ‘contract of sale’. Section 2(1) of the 1979 Act defines this as: a contract by which the seller transfers or agrees to transfer the property in goods (the dress) to the buyer for money consideration, called the price. Section 14 of the 1979 Act may impose various ‘implied’ terms into your contract such as ‘satisfactory quality’ and goods being ‘reasonably fit’ for what they were bought for. Section 1 of the Sale and Supply of Goods Act of 1994, substantially updated section 14 of the 1979 Act, ‘satisfactory quality’ is now defined by section 14(2A), goods must be of satisfactory quality.
Satisfactory quality is further defined by section 14(2b) of the 1979 Act, so the quality of goods includes their state and condition and the following among others are in appropriate cases aspects of quality of goods.
(a) fitness for all purposes for which the goods in question are commonly supplied.
(b) freedom from minor defects.
(c) safety, and
(d) durability
If my client buys something that does not meet any of the conditions stated above, then I would advice him/her to demand many back from the trader (the shop) not the manufacturer, wholesaler or importer. If goods are not of satisfactory or reasonably fit for their purpose, the law provides my client with remedies. Legal remedies or options include-the right to reject goods (ask for refund) section 15B, 1979 Act and seek damages and treat the contract as repudiated (ended). If the purpose is not the what the goods are not commonly supplied for-see section 14(3) of the 1979 Act.

Aspects in international trade contracts.

Contracts and the implications of it, by taking into account in their business transactions and financial aspects.



First: the preliminary title: allotted by the researcher to study the legal concept of international trade rules and international commercial contracts has divided this section into two chapters, the first chapter of the concept of the legal system of international trade, and the second chapter allotted to study the legal concept of the holding of international trade and nature.

II: Part I: allotted for negotiations in international trade contracts and includes the section two, the first chapter allotted to study the legal concept of negotiations and agreements leading up to contract in international trade contracts, and the second chapter allotted to study the obligations of the parties and liability for the breach thereof at the stage of the negotiations.

III: Part II: allotted for the establishment and execution of the contract of international trade, has divided this section into three sections, the first between the provisions of the compromise in international trade contracts, and the second chapter allotted to study the content of international trade contracts and interpretation, and the third chapter dealt with the implementation of international trade contracts
Conclusion: where are the most important results revealed by the study with reference to some of the recommendations and proposals based on those results

Introduction

The Islamic system of law

In general, Gulf states operate as largely patriarchal societies, headed and administered by ruling families, whose aim is to maintain the status quo while moving towards increased democracy (although in many cases the authorities seem to follow the old adage: ‘If it ain’t broke, don’t fix it’).

The Islamic system of law, known as Sharia (or Shari’a or Shariah), derives from four sources: the Holy Koran ( Qu’ran), Sunnah, Ijma and Qiyas. The Holy Koran, being the word of God ( Allah), is the principal source. The Sunnah comprises the accepted deeds and statements of the Prophet Mohammed, accepted by the whole Islamic world (the Ummah). Ijma is a consensus among religious scholars (the Ulema) regarding solutions to matters not specifically covered in either the Koran or the Sunnah. In difficult cases, where there’s no information to provide the basis for a clear decision, ‘analogous consideration’ ( Qiyas) is applied in conjunction with the three other sources of the law.

In Sharia law, as in other legal systems, a person is presumed innocent until proven guilty. The plaintiff and defendant are equal before the law – i.e. in a court of law – and it’s incumbent upon the former to provide proof of guilt. This involves producing two or four eyewitnesses, depending on the seriousness of the crime. If a plaintiff isn’t able to produce eyewitnesses, he can insist on the defendant swearing an oath as to his innocence. If the defendant refuses to take this oath, he’s judged to be guilty, as perjurers suffer hellfire and eternal damnation according to Muslim belief. Jews and Christians swear a different oath, but it has equal validity. A judge ( qadi) presides over the court and can put questions to all parties at will. There are no juries and often no lawyers to present the case for their clients. There are systems of appeal, which can be used in cases of serious crime and punishment.

According to ancient law, the payment of ‘blood money’ ( diya) for injury or death can be requested by the victim’s family as compensation. The amount of blood money required varies between the states (it’s most likely to be exacted in Kuwait, Saudi Arabia and the UAE) and according to the circumstances of the death and to the extent of the hardship that the death will cause. For example, the death of a father of 12 would attract a larger payment than that of a child. A local Muslim’s life will be assessed for a larger financial benefit than people of other religions, faiths or nationalities. For example, in Saudi Arabia, a male Muslim’s life is worth SR100,000 (around $24,000), but Christians are worth only around half as much. And if the incident occurs in the Holy month of Ramadan, the penalty is usually doubled.

Under Islamic law, the crimes that carry defined penalties are murder, apostasy (rejection or desertion of Islam), adultery, fornication, homosexuality and theft. Interpretations of the law and punishments vary from state to state. Lesser offences might include debt, usury, alcohol and drug abuse, and use of pornography.

As an expatriate, you’re subject, of course, to the laws of the country you’re in. If you’re thought to have broken a law, you’re taken under arrest to a police station, questioned and instructed to make a statement. Up to this point, it’s highly unlikely that you will be allowed access to outside help, either legal or consular. If the offence is deemed serious enough to warrant your detention, you might have to wait some time before your case comes up. You will be allowed legal representation, but everything will be conducted in Arabic. Your statement will be translated into Arabic, and it’s important to insist that an appropriate official, e.g. a member of staff from your consulate, checks the accuracy of the translation and the content of anything you’re required to sign. If no one is available to do this, you should refuse to sign, or sign with an endorsement to the effect that you don’t have a clear understanding of the document.

In court, an interpreter will be present to assist you and an official from your embassy or consulate is likely to be present, although only as an observer. If you’re found guilty, the judge will sentence you and ask for your written acceptance of the sentence, unless you want to appeal. Appeals obviously go to higher courts, depend a great deal on the severity of the accusation and sentencing, and can take time. In very serious cases, political influence might be brought to bear on your behalf, provided that your country has sufficient influence, but this is rare. Having influence with a person in authority can be of help to you, although expatriates rarely have such influence. Locals, on the other hand, may be able to petition their ruler to seek his guidance and help. In minor cases, your employer might intervene to help, particularly if you’re valuable to him, as long as he won’t lose face.

If you’re unfortunate enough to be given a custodial sentence, this is intended as a punishment rather than rehabilitation. If you’re found guilty of a serious crime, you may find yourself in a hot, overcrowded prison, where treatment is often harsh and you might have to witness the punishment of others, including their flogging.

Ignorance of the law isn’t accepted as anexcuse before the law, so it’s as well to acquaint yourself with the laws of the country that you choose to live in.

Non-Muslim expatriates sometimes regard Sharia law as unbending and overly punitive, which it often is by western standards – and for good reason. Expatriates are largely expendable commodities and, if you’ve engaged in criminal activity, you’re sent home after punishment.

Sharia law is the predominant feature of many countries legal system, although there are also civil courts. Sharia law is applied to criminal matters and, although no executions or amputations have been carried out for some years.

International BUSINESS AND ECONOMIC LAW

Business Incorporation

General Incorporation law

A general incorporation law allows corporations to be formed without a charter from the legislature. It also refers to a law enabling a certain type of corporation, such as a railroad, to exercise eminent domain and other special rights without a charter from the legislature .

Steps for incorporation

      The filing of the Articles of Incorporation (also called a Charter , Certificate of Incorporation or Letters Patent ). The first step is to check with your state's corporate filing office (usually either the Secretary of State or Corporations Commissioner ) and federal and state trademark registers to be sure the name you want to use is available. You then fill in blanks in a preprinted form (available from commercial publishers or your state's corporate filing office ) listing the purpose of your corporation, its principal place of business and the number and type of shares of stock. You'll file these documents with the appropriate office, along with a registration fee which will usually be between $200 and $1,000, depending on the state.

      How to Select a Corporation's Name. A corporate name is generally made up of 3 parts: "Distinctive element", "Descriptive element", and a legal ending. All corporations MUST have a distinctive element and a legal ending to their names. Some corporations choose not to have a descriptive element. In the name "Tiger Computers Inc." the word "Tiger" is the distinctive element; the word "Computers" is the descriptive element; and the "Inc." is the legal ending. The legal ending indicates that it is in fact a legal corporation and not just a business registration or partnership . You can choose from the following words: Incorporated, Limited and Corporation, or their respective abbreviations: Inc., Ltd. and Corp.

     You'll also need to complete (but not file) Corporate Bylaws . These will outline a number of important corporate housekeeping details such as when annual shareholder meetings will be held, who can vote and the manner in which shareholders will be notified if there is need for an additional "special" meeting.

          Reporting after incorporation

      Assuming your corporation has not sold stock to the public, conducting corporate business is remarkably straightforward and uncomplicated. Often it amounts to little more than recording key corporate decisions (for example, borrowing money or buying real estate) and holding an annual meeting. Even these formalities can often be done by write

agreement and don't usually necessitate a face-to-face meeting.

  International perspective on incorporation

The legal concept of incorporation is recognized all over the world. In the United States,         corporations are identified by the term "incorporated" added after the business name, such as "Texas Instruments, Incorporated", or by putting the word corporation in the name of the company, as in "Netscape Communications Corporation". In Germany , the phrase Gesellschaft mit beschränkter Haftung (German: limited liability company; business entity, abbreviated GmbH ) as in "L'Orange GmbH", or Aktiengesellschaft (German: stock corporation, abbreviated as AG ) as in Deutsche Bank AG are used. In the United Kingdom the titles Ltd. (abbreviation for limited company) or plc (abbreviation for public limited company) are used for corporations. In France , Spain , Portugal , Poland , Holland and South America the title S.A. is used for corporations.

Small business ownership

As small business owners are well aware, we live in a time where anyone who feels that they have been wronged files a lawsuit. Now, more than ever, it is important that small businesses examine their options to determine the correct type of business entity in which to operate. Choosing the right type of business type can save your home and other personal assets being at risk if you are named in a business-related lawsuit.

Sole proprietorship

Most individual owners of small businesses operate what is called a sole proprietorship. For example: George, a printer, opens George’s Print Shop. This is the cheapest way to operate with no special state filing requirements to start the business. The major problem with operating as a sole proprietorship is, of course, the personal vulnerability of the owner’s assets.

Running as a sole proprietorship means that George, the owner, is personally liable for any and all debts and claims made against George’s Print Shop. Personal liability is something to be steadfastly avoided if possible. It is better to do avoid the potential for personal liability before any lawsuits have been filed against a business.

Partnership

A partnership is where two or more people operate a business in concert with a common goal, e.g. George and Fred, open George and Fred’s Print Shop. The partnership differs from the sole proprietorship in that there is more than one person that owns and is responsible for the business.

There are tax advantages to using a partnership in that income and losses of the partnership are generally passed through to the partners’ tax returns directly. However, a partnership carries the same potential for personal liability of each partner as a sole proprietorship, i.e., personal assets are at risk.

An additional potential problem is that each partner can bind the partnership and other partner(s) to contracts. Thus, a partnership carries the risk that your partner can put your personal assets at risk. If the print shop fails, both George and Fred’s personal assets are at risk for creditors to use to satisfy debts owed by George and Fred’s Print Shop. It is very important before entering into a partnership that you know AND trust your partner(s).

Limited partnership

Another type of partnership is called a “limited partnership”. A limited partnership has at least one “general partner” with full personal liability for all partnership debts. However, the limited partnership also has “limited partners” who have liability and participation in the business limited to their investment in the partnership.

Corporation

A Corporation is a separate entity such as George and Fred’s Print Shop, Inc. Use of a corporation limits the liability of all of the owners (stockholders) of the corporation. Provided the corporation is set up correctly and initially has adequate capitalization and maintains the separateness of the corporate entity there is no personal liability for the stockholders.

Formation of a corporation is not nearly as simple as with a partnership. There are specific filings that must be made with the State and certain corporate formalities that must be maintained in order to preserve the corporate status and limited liability. Additionally, a corporation is more expensive since yearly fees and taxes must be paid.

The major advantage to the corporate entity is, of course, its limited liability. With a limited partnership, only the general partner would still be liable for the damages to the injured party. In a corporation, generally only the corporation is liable, not the officers, directors or shareholders.

                                     Preparing a contract

Contract  writing is difficult because the writer must perfectly encompass, no more no less, the terms of the offer made as it was accepted, thus articulating the agreed-upon exchange of legal rights, responsibilities or liabilities, as it were in each case.

The responsibility is ominous; it is law-making.

The goal of a written  contract  is to represent the bargain or agreement between the parties which, in the event of a dispute between them as to its terms, will represent to the court the private law between the parties, whether, at the time of trial, they like it or not.

In a person's life, the occasion inevitably presents itself (usually many times), to write a  contract ; just to be sore of an agreement. It is not rocket science and  lawyers  are not always needed, although where money is no issue, or where the subject matter of the contract could deplete your life's savings if messed up, see a  lawyer  to write the  contract !

At the same time, what follows are basic rules that  lawyers  should live by as well.

The vast majority of contracts are oral - including the consumer contract for the purchase of the coffee I now have before me.

When money is the consideration of one party, the contract is usually a straight exchange: so much money for such-and-such a thing. No need for a writing - the deal completes by the money-for-thing exchange.

But many contracts are not that simple and involve delays or other obligations, all begging for a written contract.

In some rare cases the law requires a written contract such as, in some jurisdictions, contracts for the sale of  real property  or  guarantees  or  indemnities .  In such a case, the chickens can cluck all day long; failing a written contract, there would never be, in the eyes of the law, a contract.

Even where the contract itself is more complex than a simple money-for-thing deal, there are many different scenarios that might present themselves but each with different legal consequences. For example, the parties may arrive at an oral contract and then seek to set it down in writing. If the parties trip over points of detail in the writing of the contract, they would still be able to fall back on the terms of their oral contract assuming, of course, that those terms were clear.

International law

Branches of International Law

• International Criminal Law
• The law pertaining to use of force
• International Humanitarian Law
• Law of the sea
• Diplomatic Law
• Consular Law
• Law of state Responsibility
• International enviromental law

International law , is the body of law that "regulates the activities of entities possessing international personality". Traditionally, that meant the conduct and relationships of states. However, it is now well established that International Law also concerns the structure and conduct of international organizations, and, to a degree, that of multinational corporations and individuals.

The term "Public International Law" is occasionally used as a synonym to distinguish International Law from "Private International Law" . The latter regulates the relations between persons or entities in different states and is in fact not international law at all (a better term which has been suggested for private international law is " conflict of laws ").

The scope of international law

The value and authority of international law is entirely dependent upon the voluntary participation of states in its formulation, observance, and enforcement. Although there may be exceptions, most states enter into legal commitments to other states out of enlightened self-interest rather than adherence to a body of law that is higher than their own. The formation of the United Nations created a means for the world community to enforce international law upon members that violate its charter. Traditionally, states were the sole subjects of international law. With the proliferation of international organizations over the last century, they have in some cases been recognized as relevant parties as well. Recent interpretations of international human rights law , international humanitarian law , and international trade law (e.g. NAFTA Chapter 11 actions) have been inclusive of corporations, and even individuals.

Fundamental conflicts over international law

The 17th, 18th and 19th centuries saw the growth of the concept of a "nation-state", which comprised nations controlled by a centralized system of government. The concept of nationalism became increasingly important as people began to see themselves as citizens of a particular nation with a distinct national identity. Until the beginning of the 20th century, relations between nation-states were dictated by Treaty, unenforceable agreements to behave in a certain way towards another state. Many people now view the nation-state as the primary unit of international affairs. States may choose to voluntarily enter into commitments under international law, but they will often follow their own counsel when it comes to interpretation of their commitments. As the 20th century progressed, a number of violent armed conflicts, including WWI and WWII, exposed the weaknesses of a voluntary system of international treaties. In an attempt to create a stronger system of laws to prevent future conflicts, international law was strengthened through the creation of the United Nations, an international law making body, and new international criminal laws used at the Nuremberg trials. Over the past fifty years, more and more international laws and law making bodies have been created.

Many people feel that these modern developments endanger nation states by taking power away from state governments and ceeding it to international bodies such as the U.N. and the World Bank. Some scholars and political leaders have recently argued that international law has evolved to a point where it exists separately from the mere consent of states. There is a growing trend toward judging a state's domestic actions in light of international law and standards (see world government for trends and movements leading in this direction). A number of states, notably including the United States vehemently oppose this interpretation, maintaining that sovereignty is the only true international "law" and that states have free reign over their own affairs. Similarly, a number of scholars now discern a legislative and judicial process to international law that parallels such processes within domestic law. Opponents to this point of view maintain that states only commit to international law with express consent and have the right to make their own interpretations of its meaning; and that international courts only function with the consent of states. Because international law is a new area of law its development is uncertain and its relevance and propriety is hotly disputed.

Sources of International Law

See main article: Sources of International Law .

International law has three primary sources: international treaties, custom, and general principles of law (cf. Art. 38 of the Statute of the International Court of Justice). International treaty law is comprised of obligations states expressly and voluntarily accept between themselves in treaties . Customary international law is derived from the consistent practice of States accompanied by opinio juris, i.e. the conviction of States that the consistent practice is required by a legal obligation. Judgments of international tribunals as well as scholarly works have traditionally been looked to as persuasive sources for custom in addition to direct evidence of state behavior. Attempts to codify customary international law picked up momentum after the Second World War with the formation of the International Law Commission (ILC). Codified customary law is made the binding interpretation of the underlying custom by agreement through treaty. For states not party to such treaties, the work of the ILC may still be accepted as custom applying to those states. General principles of law are those commonly recognized by the major legal systems of the world. Certain norms of international law achieve the binding force of peremptory norms (jus cogens) as to include all states with no permissible derogations. Legal principles common to major legal systems may also be invoked to supplement international law when necessary.

Interpretation of International Law

Where there are disputes about the exact meaning and application of national laws, it is the responsibility of the courts to decide what the law means. In international law as a whole, there are no courts which have the authority to do this. It is generally the responsibility of states to interpret the law for themselves. Unsurprisingly, this means that there is rarely agreement in cases of dispute. The Vienna Convention on the Law of Treaties writes on the topic of interpretation that:

"A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose." (article 31(1))

This is actually a compromise between three different theories of interpretation:

• The textual approach is a restrictive interpretation which bases itself on the "ordinary meaning" of the text, the actual text has considerable weight.
• A subjective approach considers the idea behind the treaty, treaties "in their context", what the writers intended when they wrote the text.
• A third approach bases itself on interpretation "in the light of its object and purpose", i.e. the interpretation that best suits the goal of the treaty, also called "effective interpretation".

These are general rules of interpretation; specific rules might exist in specific areas of international law.

Enforcement by states

Apart from a state's natural inclination to uphold certain norms, the force of international law has always come from the pressure that states put upon one another to behave consistently and to honor their obligations. As with any system of law, many violations of international law obligations are overlooked. If addressed, it is almost always purely through diplomacy and the consequences upon an offending state's reputation. Though violations may be common in fact, states try to avoid the appearance of having disregarded international obligations. States may also unilaterally adopt sanctions against one another such as the severance of economic or diplomatic ties, or through reciprocal action. In some cases, domestic courts may render judgment against a foreign state (the realm of private international law) for an injury, though this is a complicated area of law where international law intersects with domestic law. States have the right to employ force in self-defense against an offending state that has used force to attack its territory or political independence. States may also use force in collective self-defense, where force is used against another state. The state that force is used against must authorize the participation of third-states in its self-defense. This right is recognized in the United Nations Charter .

Enforcement by international bodies

Violations of the UN Charter by members of the United Nations may be raised by the aggrieved state in the General Assembly for debate. The General Assembly cannot make binding resolutions, but under the " Uniting for Peace " resolution (GA/RES/0377) it declared it could authorize the use of force if there had been Breaches of the Peace or Acts of Aggression, provided that the Security Council due to a negative vote of a permement member failed to act. It could call for other collective measures (such as economic sanctions) given a situation constituted the milder "threat to the Peace". The legal significance of such a resolution is unclear, as the General Assembly cannot issue binding resolutions.

They can also be raised in the Security Council . The Security Council can pass resolutions under Chapter VI of the UN Charter to recommend "Pacific Resolution of Disputes." Such resolutions are not binding under international law, though they usually are expressive of the council's convictions. In rare cases, the Security Council can pass resolutions under Chapter VII of the UN Charter related to "threats to Peace, Breaches of the Peace and Acts of Aggression," and these are legally binding under international law, and can be followed up with economic sanctions, military action, and similar uses of force through the auspices of the United Nations.

It has been argued that resolutions passed outside of Chapter VII can also be binding; the legal basis for that is the Council's broad powers under Article 24(2), which states that "in discharging these duties (exercise of primary responsibility in international peace and security), it shall act in accordance with the Purposes and Principles of the United Nations". The mandatory nature of such resolutions was upheld by the International Court of Justice in its advisory opinion on Namibia . The binding nature of such resolutions can be deduced from an interpretation of their language and intent.

States can also, upon mutual consent, submit disputes for arbitration by the International Court of Justice (ICJ), located in The Hague , Netherlands . The judgments given by the Court in these cases are binding, although it possesses no means to enforce its rulings. The Court may give an advisory opinion on any legal question at the request of whatever body may be authorized by or in accordance with the Charter of the United Nations to make such a request. Some of the advisory cases brought before the court have been controversial with respect to the courts competence and jurisdiction.

Often enormously complicated matters, ICJ cases (of which there have been less than 150 since the court was created from the Permanent Court of International Justice in 1945) can stretch on for years and generally involve thousands of pages of pleadings, evidence, and the world's leading specialist public international lawyers. As of 2005 , there are twelve cases pending at the ICJ. Decisions made through other means of arbitration may be binding or non-binding depending on the nature of the arbitration agreement, whereas decisions resulting from contentious cases argued before the ICJ are always binding on the involved states.

Though states (or increasingly, international organizations ) are usually the only ones with standing to address a violation of international law, some treaties, such as the International Covenant on Civil and Political Rights have an optional protocol that allows individuals who have had their rights violated by member states to petition the international Human Rights Committee .

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History

Through the ages a code developed for the relations and conduct between nations. Even when nations were at war , envoys were often considered immune to violence. The first formal attempts in this direction, which over time have developed into the current international law, stem from the era of the Renaissance in Europe . In the Middle Ages it had been considered the obligation of the Church to mediate in international disputes. During the Council of Constance (1414) Pawel Wlodkowic , rector of Jagiellonian University ( Kraków , Poland ), theologian, lawyer and diplomat, presented the theory that all, including pagan , nations have right to self-govern and to live in peace and possess their land. In the 16th and 17th centuries the Church gradually lost its direct influence in international affairs, as Catholic and Protestant powers emerged and struggled for dominance and survival. At the beginning of the 17th century, several generalizations could be made about the political situation:

1. Self-governing, autonomous states existed.
2. Almost all of them were governed by monarchs. Land, wealth, and trading rights were often the topics of wars between states.
   1. The Peace of Westphalia is often cited as being the birth of the modern nation-states , establishing states as sovereigns answering to no-one within its own borders.

Some people assert that international law developed to deal with the new states arising, others claim that the lack of influence of the Pope and the Catholic church gave rise to the need for new generally-accepted codes in Europe. The Dominican professor of theology Francisco de Vitoria (in Latin Franciscus de Victoria) at the University of Salamanca lectured on the rights of the natives. He did so while Spain was at the height of its power, after the violent Spanish conquest of Peru in 1536 . Charles V, Holy Roman Emperor , protested against the friar , but in 1542 new laws put the natives under protection of the Spanish crown . Vitoria is generally recognized as the founder of modern international law. (See also School of Salamanca.) The French monk Emeric Cruce ( 1590 – 1648 ) came up with the idea of having representatives of all countries meeting in one place to discuss their conflicts so as to avoid war and create more peace. He suggested this in his The New Cyneas ( 1623 ), choosing Venice to be the selected city for all of the representatives to meet, and suggested that the Pope should preside over the meeting. Of course, during the Thirty Years' War ( 1618 – 1648 ), this was not acceptable to the Protestant nations. He also said that armies should be abolished and called for a world court. Though his call to abolish armies was not taken seriously, Emeric Cruce does deserve his place in history through his foresight that international organizations are crucial to solve international disputes. Hugo Grotius (or Huig de Groot) ( 1583 - 1645 ) was a Dutch humanist and jurist considered central to the development of international law. He became a lawyer when he was 15 years old and got sentenced to life in prison after going against Maurice of Nassau , son of William of Orange in a trial, but he escaped and fled to Paris. In France, he developed his ideas on international law with his Mare Liberum ( Latin for "Free seas"), in which he challenged the claims and attempts of England , Spain , and Portugal to rule portions of the oceans and seas. He gained new international fame in 1625 with his book De Jure Belli ac Pacis (The Law of War and Peace), as it became the first definitive text on international law in Europe. It was published only two years after The New Cyneas. Much of Grotius's content drew from the Bible and from classical history ( just war theory of Augustine of Hippo ). In his work he did not condemn war as only a political tool, considering cases in which war is appropriate. He further developed the just war theory. A just war fits certain criteria:

1. It can be to repel an invasion.
2. It can be to punish an insult to God.
3. There has to be a just cause (one of the two mentioned above).
4. It has to be declared by the proper authorities.
5. It must possess moral intention.
6. It must have a chance of success.
7. It must abstain from brutal practices.
8. Its end result must be proportional to the means used.

The statesmen of the time believed no nation could escape war, so they prepared for it. King Henry IV's Chief Minister, the Duke of Sully , proposed the founding of an alliance of the European nations that was to meet to arbitrate issues and wage war not between themselves but collectively on the Ottoman Turks, and he called it the Grand Design, but was never established. After World War I , the nations of the world decided to form an international body. U.S. President Woodrow Wilson came up with the idea of a " League of Nations ". However, due to political wrangling in the U.S. Congress , the United States did not join the League of Nations , which was one of the causes of its demise. When World War II broke out, the League of Nations was finished. Yet at the same time, the United Nations was being formed. On January 1 , 1942, US President Franklin D. Roosevelt issued the " Declaration by United Nations " on behalf of 26 nations who had pledged to fight against the Axis powers . Even before the end of the war, representatives of 50 nations met in San Francisco to draw up the charter for an international body to replace the League of Nations . On October 24 , 1945, the United Nations officially came into existence, setting a basis for much international law to follow.

Tort law

In the common law of negligence , the doctrine of res ipsa loquitur (Latin for "the thing itself speaks") states that the elements of duty of care and breach can be sometimes inferred from the very nature of an accident or other outcome, even without direct evidence of how any defendant behaved. Although modern formulations differ by jurisdiction, the common law originally stated that the accident must satisfy the following conditions:

1. A "duty" exists for a person to act "reasonably"; and
2. A "breach" of this duty occurs because a person [or agency, etc.] acted outside this duty, or "unreasonably"; and
3. There was "causation in fact"...the result would not have occurred "but for" the "breach" of this duty;
4. There was actual legally recognizable harm suffered by the plaintiff who did nothing wrong (i.e., no contributory negligence ).

Upon a proof of res ipsa loquitur, the plaintiff need only establish the remaining two elements of negligence —namely, that the plaintiff suffered harm, of which the incident result was the legal cause.

Tort law
In law , damnum absque injuria ( Latin for "loss without injury") is a phrase expressing the principle of tort law in which some person ( natural or legal ) causes damage or loss to another, but does not injure them, and thus the latter has no legal remedy . For example, opening a burger stand near someone else's may cause them to lose customers, but this in itself does not give rise to a cause of action for the original burger stand owner.