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CONSTRUCTION OF CONTRACTS: THE AMBIGUITY GATEWAY AND THE CURRENT STATE OF THE LAW, PART 1

MAHA CHAAR Over time there has been some judicial confusion as to when objective surrounding circumstances may be taken into account to assist in the construction of terms. The nature of the objective approach has meant that on occasion, courts ...

THE SCOPE AND APPLICATION OF THE PRINCIPLE OF UNIVERSAL JURISDICTION: THE REPORT OF THE SIXTH COMMITTEE

A/64/452-RES 64/117 COMMENTS FROM KENYA The principle of universal jurisdiction is classically defined as ‘a legal principle allowing or requiring a state to bring criminal proceedings in respect of certain crimes irrespective of the location of the crime and the ...

EXERCISE OF UNIVERSAL JURISDICTION CRITIQUE

UNIVERSAL JURISDICTION Unlike the territorial principle where jurisdiction is assumed based on the place where the crime is committed, the protective principle which permits jurisdiction to be assumed when the interest of the state is threatened, Nationality principle which looks ...

LEGAL ISSUES REGARDING DOMAIN NAMES

Typosquatting – where a person registers a domain name similar to a real domain name, but with a typo, in hopes that web surfers reach it by accident. These sites are usually filled with paid advertising links that generate revenue for ...

LEGAL ISSUES REGARDING INTERNET

Copyright laws protect original works, but not ideas or facts. The Copyright Act of 1976 grants exclusive rights to the copyright holder. A copyright protects original works such as: literary works, musical works, dramatic works, pantomimes & choreographed works, pictorial, ...

TRADEMARK

A trademark is a word, name, symbol, device, or combination of, used by someone to identify his product. Trademarks arise from ‘use’ and do not have to be registered to be considered trademarked. There are good reasons to register a trademark ...

LEGAL ISSUE OF COPYRIGHT

Copyright in its early stages was implemented to control the output of printers once the technology was invented and recognised in the 15th century. Before the era of printing, writing could only be duplicated by the process of manually copying ...

INTERNATIONAL CONSTRUCTION CONTRACTS

The employer in a project is not an expert in the field of construction. The employer is one who only knows business thus, he needs someone with expert knowledge in the field to help him implement his project successfully. It ...

THE UN CONVENTION OF THE LAW OF THE SEA

Introduction On the 22nd of January 2013, the Republic of Philippines commenced, under Annex VII to the United Nations Convention on the Law of the Sea (UNCLOS), an arbitration procedure against the People’s Republic of China. The dispute concerned the South ...

LAND RIGHTS, PART 6

Ancestral domain, customary and statutory rights to the land The right to ancestral domain, collective ownership of land, customary land rights and the concept of "time immemorial” possession have been claimed as exceptions to the regalian doctrine and private individual ...

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