Sunday, February 23, 2020

The principle of party autonomy and the applicable law are playing Assignment

The principle of party autonomy and the applicable law are playing different but interrelated roles in international commercial arbitration. Critically evaluate this Statement - Assignment Example However, this tradition today fails to hold any weight given the numerous contradictions arising from facts. The most prominent facts arise from the European Commission law’s goal of establishing an integrated market within the European territory. The aim was to have goods move freely between member states as a way of facilitating production efficiency through allowing direct competition amongst producers in the member states. Such an economic angle totally or partially makes the private law of any nation irrelevant. In addition, a nation’s legal rule for the members are subject to internal market edification provided they belong to any branch of the summa division between public and private rules. However, the edification of an integrated European market within the European territory is contradicted by the diversity of legal systems in different nations that affect the costs of selling within their national public law rules and selling to other member states. The resul t of such alterations is conflict of laws, and with this realization, today’s scholarly writing recognize and focuses mandatory international laws absent in case laws, international conventions, and national statutes. Through mandatory international laws in resolution of conflict, there is no requirement to apply courts to any given disputes provided conflicts fall within such scope and without dictating the application of a foreign governing law. However, regardless of the emphasis on the purpose of forum rules in conflict of laws, the result is the weakening of their status due to widening opportunities for evasion by private operators. This weakened status of forum laws in conflict of laws is due to competition between legal systems that comes as a by-product of national market interconnectedness and cross-border trade liberalization and augmented function of party autonomy that accompany them (Muir-Watt & Brozolo, 2004). Consequently, the capacity of participants in

Friday, February 7, 2020

Epicurus believed that death should be nothing to us. Describe and Essay

Epicurus believed that death should be nothing to us. Describe and critically assess his principle argument for this conclusion - Essay Example Unfortunately, we can become acquainted only with small parts of his works and some letters,  which reached our times. All the fine points of  Epicureanism can be learned from the works of his followers and critics. Nevertheless, the philosophy of the thinker is valuable and worth-discussing as it presents very interesting ideas about life and death, pleasure and pain, and teaches us how to avoid the fear of death that prevents people from enjoying life. Epicurus had very interesting view on philosophy. He stated that the aim of this science was to reach the pleasant, calm life, absolute harmony without fear and hurt, full-fledged life among true friends. According to the philosopher, delight and hurt define what is good and bad, while death represents the end of everything, both the body and the spirit and that is why humans should not be afraid of it (Bakalis, 2005). The philosopher did not believe that any supreme forces can control human’s life and punish humans. According to his materialistic point of view, our world is founded on the atoms’ behavior and represents eternal system (Panicha, 1967). Epicurus considered the science of philosophy to be very helpful for people in their attempts to make their life more pleasant. The philosophy can help get rid of troubles that make our life poorer. One of the troubles that prevent us from enjoying our life is the fear of death. According to Epicurus, this fear spoils our life and in order to get rid of it, it is necessary we should understand what death really is. In order not to suffer people must feel safe. Here Epicurus is talking about the value of justice. According to the philosopher, only justice can eliminate harm and suffering completely. The philosopher talks about the justice system as about an agreement we sign with each other people make with each other to guarantee our safety. Get used to believing that death is nothing to us. For all good and bad consists in sense experience,