Exam 5: The Legal Environment

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Examine the arguments for and against Investor State Dispute systems such as the one proposed under TTIP? Please use a maximum of 250 words for your answer.

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ISDS can be used to encourage investment as they help to give reassurance to investors that their outlay would be protected. Using such a mechanism allows investors to take action against hostile measures taken by governments without having to go through domestic courts who might be inclined towards their own government. As a result, countries which abided by such mechanisms would be able to attract more investment and so encourage economic growth including jobs and wage gains for their citizens.
There is, however, wide-spread concern that such protection for investors is undemocratic and a threat to national sovereignty. The policies of democratically elected governments can therefore be overturned or halted by the use of ISDS or just the threat of action being taken - see for example the Vattenfall cases.
There are also concerns about the ISDS themselves. In particular, criticism has been made of the lack of judicial independence as it is felt that there is a bias towards investors. Many of the ISDS also conduct their proceedings in private and so there is a lack of external scrutiny of their operation.

Which of the following statements is true? Please select all that apply.

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D

Which of the following statements is true? Please select all that apply.

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B, C

What factors would influence the decision a business took about the different types of business organization it could adopt? Please use a maximum of 500 words for your answer

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Everything a judge says in a higher court binds judges in lower courts.

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Typically non-executive directors run companies on a day-to-day basis.

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Do auditors always act as a check on financial abuses in companies? Please use a maximum of 250 words for your answer.

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If a judge decides some legislation is incompatible with the Human Rights Act 1998 (s)he does not have to apply the law, but can ignore it and make her/his own mind up as to what the law ought to be.

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Which of the following statements is true? Please select all that apply.

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Describe how the British government's policy, as set out in the Small Business, Enterprise and Employment Act 2015, reflects the more general arguments in favour of deregulation? Please use a maximum of 250 words for your answer.

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Which of the following statements is true? Please select all that apply.

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Which one of the following statements is NOT true?

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Which one of the following does NOT have legal personality in England and Wales?

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A partner in an ordinary partnership governed by the 1890 Partnership Act, who enters into a contract in the partnership name, makes all of the partners liable if the contract is not performed.

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Those on the left of politics generally favour less regulation.

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The EU Commission's role includes bringing Member States before the European Court of Justice.

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Which of the following articles of the Treaty on the Functioning of the European Union deals with anti-competitive practices?

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Does law simply consist of rules? Please use a maximum of 250 words for your answer

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In Salomon v Salomon, Mr Salomon could not recover his money from the company because the company was really just Mr Salomon under a different name.

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According to UNCTAD how many International Investment Agreements were in place by the end of 2016?

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