However, even as Europe was rapidly developing a set of legal concepts and frameworks that served to coordinate and integrate its disparate commercial law systems, European colonialism required the development of legal systems that could adapt and deal with the particular needs of far-off colonies. In general, colonizers attempted "to impose legal systems intact," but in the case of the Americas (and elsewhere) this proved largely impossible, as unforeseen situations meant that colonists themselves had to develop their own legal systems and concepts, frequently drawing on the legal thought of their home country but including novel developments that changed the shape of commercial law (Benton, 2002, p. 2). Furthermore, simple geographical distance meant that colonizing countries could not effectively enforce their own laws, allowing the colonies themselves much freer reign to develop their own schools of legal thought (Klein, 2005, p. 170). Thus, at the same time that Lord Mansfield…...

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References

Benton, L. (2002). Law and colonial cultures: Legal regimes in world history, 1400-1900.

Cambridge, England: Cambridge University Press.

Bittlingmayer, G. (1996). Antitrust and business activity: The first quarter century. Business History Review, 70(3), 363-401.

Brummer, C. (2007). The ties that bind? regionalism, commercial treaties, and the future of global economic integration. Vanderbilt Law Review, 60(5), 0_13-1408.

International commercial law is summative to many other laws representing state affairs in the nationals involved throughout the world. The existence of the international commercial law is perceived to offer an equitable allowance to master and cater for differences and collide of ideas among people and organizations from all over the world. Nonetheless, the regime of carrier's liability under the Hamburg ules is far more stringent than that under the Hague-Visby ules. The Hague-Visby rules and Hamburg rules are coordinative of the international business. International businesses involve commercialized activities and procedures that require legal justifications. As with the regime of carrier's immunities, the two domains of legal structures are reflective but offer differing magnitude of analysis and subsequent explorations
The contract of carriage of goods through the sea is between the owner of the ship and the shipper. The bill of lading is responsible for generation of terms and conditions for…...

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Reference list

Books

Astle, W.E. (1981). The Hamburg rules: an appreciation of the cause and effect of the amendments to the Hague rules and Hague-Visby rules. London, Fairplay.

Lloyd's of London press. (1985). A Guide to the Hague & Hague-Visby rules. London:

Lloyd's of London Press.

"
Zamir (2007) states "is one of the most litigated sections of the convention. Under it the buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it. In practice the requirement for a reasonable time has been read narrowly and inspections of the goods should be made in a very timely fashion. The buyer may also fix an additional period of time of reasonable length for performance under article 47 but, unless he has received notice from the seller that he will not perform within the period so fixed, he may not resort to any remedy for breach of contract during that period, although he is not deprived of a right to claim damages for…...

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Bibliography

Flechtner, Harry M. (1980) United Nations Convention on Contracts for the International Sale of Goods. Audiovisual Library of International Law. 11 April 1980. Online available at:  http://untreaty.un.org/cod/avl/ha/ccisg/ccisg.html 

Pace Law School Institute of International Commercial Law (2007) - Comparison with Principles of European Contract Law (PECL) Online available at:  http://www.cisg.law.pace.edu/cisg/text/peclcomp71,72.html 

Chigbo, Clement (2009) Remedies for Breach of Contract (2009) September 9th, 2009 the Bahama Journal. Online available at:

Incorporating issues such as corporate governance, migration of companies, competition policy, social policy, tax policy and doing business with the public sector, EU commercial law examines each from the perspective of cross-border corporate management.
For example, the issue of competition is crucial to commercial law in the EU. According to Trancs: "The source of laws governing competition for the EU is embodied in the Treaty on European Union, as amended by the Treaty of Amsterdam, signed on Oct. 2, 1997. Article 81 of the treaty governs agreements between, or practices of, two or more parties acting together that have as their object or effect the restriction of competition in the EU. Article 82 governs abusive business conduct of a single party in a dominant market position."

EU competition laws apply wherever the conduct, agreement, concerted practice or abuse of dominant position could potentially affect trade between member countries (Trancs, 2000). If…...

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References

Rachman, G. (May 17, 2001). Europe's magnetic attraction. The Economist. Retrieved from the Internet at  http://www.economist.com/surveys/showsurvey.cfm?issue=20010519 .

Tancs, Linda. (May 29, 2000). Competition Laws in the European Union. New Jersey Law Journal.

Latvia, P. (October 21, 2003). European Union Commercial Law. PricewaterhouseCoopers. Retrieved from the Internet at http://www.pwcglobal.com/extweb/service.nsf/docid/FE8E368D5F9135A580256E40002A2D7B.

Commercial Contract Law to Increase Oil Investment in Kuwait
When it comes to the industries of natural resources and energy, the law of investment protection is particularly of great concern. According to the statistics of July 2013, it was revealed that 25% of the cases that have been registered with ICSID have addressed the issues concerning gas, oil and mining sectors. Moreover, another 12% of the cases are relevant to other energy sectors that include electric power.

Investments in the energy sector, including oil, are usually very capital-intensive as well as long-term in nature. Moreover these investments are regulated at the greatest levels, and are of concern for the public, since valuable resources are involved along with the essential services. These are the main reasons why such investments are extremely vulnerable to national and governmental interface. The aforementioned attributes of investment in the energy sector increase the possibility of conflicts arising…...

Jurisdiction and Applicable Law
The first issue that arcelo faces concerns which nation's law governs the contractual rights and duties between himself and George. ecause this was an international voyage between England and Spain, and because the contract appears to involve English and Spanish parties, the question is whether the parties' rights and remedies are supplied by English or Spanish law. Although maritime law is primarily governed by international treaties that create uniform rules across national boundaries, there still could be legal differences between England and Spain on crucial issues. Moreover, the correct forum for the dispute could be determined by the answer to the choice-of-law question.

As a general rule, the terms of any charterparty and bill of lading are governed by the law chosen by the parties. This rule emerges from the funamental princple of all contract law that the governing law should be determined by the same considerations…...

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Bibliography

Books

Cooke, Julian, et al. Voyage Charters. London: Informa Professional. 2001.

Articles

Belknap, Thomas H. The Rotterdam Rules. Accessed on June 11, 2010 at  http://www.martindale.com/international-law/article_Blank-Rome-LLP_890238.htm

Business Law
Businesses and the Law

Commercial, criminal, and civil laws are important for all a new business just starting up. In fact, a business has to be very careful in regards to how it navigates around legal standards and laws that could lead to detrimental consequences if broken. As JOE Sports Store opens on campus, it faces unique legal issues, regarding both traditional civil law and additional regulations placed by the university since it is located on campus.

First and foremost, JOE Sports Store has to comply with federal and state laws regarding its operations and behaviors. The biggest concern here is how the business pays and treats its employees. Employment law is a major field of commercial law, and covers issues of advocating lawful work environments and pay structures for employees. Ultimately, this means that the company will have to pay employees at least the stated minimum wage, as determined by…...

Commercial Use of Michigan Groundwater
Appropriately named the "Great Lakes State," Michigan is the only state whose borders lie completely within the world's largest system of fresh surface water, the Great Lakes basin, which constitutes 18% of the world's water supply.(4)

Traditionally, Michigan has relied primarily on "riparian" rights analyses derived from English common law to regulate the commercial use of its largest natural resource. Since riparian concepts focus primarily on the relative rights of competing users of surface waters, there has, until very recently, been comparatively little regulation of the underground springs or aquifer system which feeds the surface water system, or of the rights of the state to control removal of water resources for use or sale elsewhere.

On November 25, 2003, Mecosta County Circuit Court Judge Lawrence Root issued a lengthy opinion that finally addressed the problem and defined many of the issues under the laws of Michigan. The dispute…...

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Bibliography

1. Howlett, D., Water Battle Dredges Up Acrimony; USA Today (June 22, 2003)

Accessed at  http://www.greatlakesdirectory.org/mi/062203_great_lakes.htm 

2. Michigan Citizens for Water Conservation v. Nestle Waters North America Inc.

49th Judicial Circuit Mecosta County Circuit Court Opinion (Nov 25, 2003) Accessed at  http://www.envlaw.com/decisions/MCWC2.txt

Commercial helicopter industry is clearly a growth industry. The numbers and kinds of uses that have been found for the industry and all its players are vast and will likely continue to grow in both diversity and number over the next 50+ years. Currently the commercial helicopter industry provides services for thousands of private, corporate and often civil organizations and individuals ranging in diversity of task from land and wildlife surveys to pleasure viewing. The industry answers the call for disaster relief, firefighting and many other important public tasks as well, often contracted through private industry helicopter companies for those who do not wish to or do not have the means to support independent fleets of their own. Yet, increasingly there is a shortage of qualified pilots to fly the existing helicopters both nationally and internationally.
The basic change was one that was expected by the industry but has not yet…...

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Phillips, E.H. (2000). Genav Feeling Pinch of Tight Pilot Market. Aviation Week & Space Technology, 153(15), 106.

Rimmer, D. (2000). Sierra Adds Career Helicopter Training. Business & Commercial Aviation, 86(4), 28.

Vigil, K. (2006, September 14). Helicopter firm sets record pace. Pueblo Chieftain, The (CO).

Commercial & Current Trends
Commercial Risk Management

Commercial interest in risk management is on the rise. Employers wish to hire healthy employees to cut absenteeism and productivity issues. Lenders want borrowers with long, productive lives. Advertisers, marketers, and drug companies seek to tailor material to target healthcare providers and patient populations. Health insurers want to avoid high risk consumers. Educational institutions seek students with the greatest potential. lackmailers attempt to extort payments from ones with the greatest potential harm from disclosures. People dating want to obtain information on a lover to evaluate health and longevity (Hoffman, 2007).

There is a significant up trend in client losses linked to security breaches that release personal identifiable information (Kelly, 2007). With the economy in a recession, more and more consumers are unable to pay bills. These issues are causing huge losses for companies and consumers that have to pay the bills and absorb losses. Computer crime…...

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Bibliography

Faucheux, M. (2009, Nov 8). Emerging Trends in Risk Management. Retrieved from Bright Hub PM:  http://www.brighthubpm.com/risk-management/55050-emerging-trends-in-risk-management/ 

Heineman, R. & . (n.d.). The Future of Risk Management: A Proactive Approach. Retrieved from NC State University:  http://www.poole.ncsu.edu/erm/index/php/articles/entry/proactive-risk-management 

Hoffman, S. & . (2007). SECURING THE HIPAA SECURITY RULE. Journal of Internet Law, 10(8), 1-16.

Kelly. (2007). Computer Crime Losses Double. Business Insurance, 4(40), 41.

For example, the 1984 British government committee report suggested that "it is inconsistent with human dignity that a woman should use her uterus for financial profit and treat it as an incubator for someone else's child," in part because this threatens to undermine the traditional belief in an inviolable mother-child bond.

Opponents who criticize commercial surrogacy from this perspective frequently attempt to differentiate between commercial surrogacy and "altruistic" surrogacy, in which a surrogate carries a child without a fee, but this distinction is merely nominal, because the lack of an explicit payment structure does not make the decision to become a surrogate any less transactional, and furthermore, the potential for exploitation exists in either case.

Before considering how the law actually treats surrogacy, then, it is becoming clear that a general prohibition on commercial surrogacy represents a kind of undue restriction on the personal and financial autonomy of women, because there is…...

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References

BERKHOUT, S.G., 2008. Buns in the Oven: Objectification, Surrogacy, and Women's

Autonomy. Social Theory and Practice,34(1), pp. 95-117.

BRINSDEN, P.R., APPLETON, T.C., MURRAY, E., HUSSEIN, M. And AL, E., 2000.

Treatment by in vitro fertilisation with surrogacy: Experience of one British centre.

The way that the director deals with the response of the various characters to the disaster is also filled with psychological depth and intrigue. The film also deals with the way that people respond to situations of life and death. Others would argue that the depth and intellectual range of a film like Titanic is not nearly as intensively "artistic" as Wild Strawberries. In other words, the suggestion is that there is an intrinsic difference between these two films.
On the one hand I would agree that Wild Strawberries is much more complex and "artistic" film than a commercial film like Titanic. One of the reasons for this view is that Wild Strawberries demands a much more intensive response and is more thought-provoking than Titanic. On the other hand one also has to acknowledge that Titanic has moments of depth and insight, even though it is a more popular and…...

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References

Stutsman B. FILM AS ENTERTAINMENT VS FILM AS ART. Retrieved November 14,

2009, from  http://www.theauteurs.com/topics/649?page=1#comment_47555 

Sims M. Art of Titanic Michael. Retrieved November 14, 2009, from  http://www.bookpage.com/books-5547 -

Corporation Transactions and Misrepresentation of Financial eports
Business law also called commercial law is a branch of civil law that governs business as well as, commercial transactions, and deals with both the private and public law. The branch created to ensure that, they are no exploitation and manipulation of people as well as rules and regulation in order to benefit some members of a business. This means that should one break or manipulate the rules and regulation in his favor. The or she must face the court in accordance with the law. With legal rights of all investors considered as an important element of the business law, we examine the board changes within the filling of the shareholder derivative lawsuits and might not be frivolous. Also, lack of highly competent employees within a business can lead to tremendous losses and to some extent closure of the business in accordance with law,…...

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Reference list

Arlen, J. (1994). The Potentially Perverse Effects of Corporate Criminal Liability, the Journal of Legal Studies 23 (June), 833.

Becker, G.S. (1968). "Crime and Punishment: An Economic Approach." Journal of Political Economy 76 (March/April), 169-217.

Zingales, L. (2004). The Costs and Benefits of Financial Market Regulation, European Corporate Governance Institute working paper 21/2004

Rule of Law and Extra-Legal Doctrines
The rule of law does not need to be supported or expanded by "extra-legal" doctrines of morality. The laws as they exist today in this country are based upon a system of morality that has evolved over thousands of years. Our laws embody this system of morality and do not need to be supported by other doctrines of morality. Moral notions of good and bad laws exist to prevent the government from abusing the rights of its citizens. In order for the rule of law to allow a government to exercise power, governments should not execute laws in arbitrary fashion. Those who make and enforce the law are themselves bound to adhere to it. "The legislative department shall never exercise the executive and judicial powers or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the…...

trade libel is fair to business owners. Argue both sides of the issue.
From the general public's viewpoint, the definition of trade liable is accurate. This is because the store detained someone they accused of shoplifting. To determine where the stolen item was hiding; they effectively conducted a strip search by revealing private areas. At one point, Cockrell (the plaintiff) had to remove a bandage that was use to cover a recent scar from a liver transplant. He asked security not to remove it and they insisted. This is a clear violation, as the security at Wal Mart has no right to conduct these activities. Instead, they should have detained the person and contacted the police. (Statsky, 2011)

Wal Mart will argue that shoplifting is a major problem and they were following proper procedures. This occurs by bring the subject into an isolated area and checking them. After they have been…...

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References

Cheesman, H. (2009). The Legal Environment of Business. New York, NY: Pearson.

McHugh, P. (2011). Product Liability for Negligence. Out Law. Retrieved from: law.com/topics/commercial/supply-of-goods-and-services/product-liability-for- negligence/http://www.out-

Statsky, W. (2011). Essentials of Torts. Mason, OH: Cengage.

Steinberg, M. (2009). Understanding Securities Law. Hoboken, NJ: Wiley.