Wednesday, February 26, 2020

Hong Kong Conflict of Laws Term Paper Example | Topics and Well Written Essays - 1250 words

Hong Kong Conflict of Laws - Term Paper Example This principle was also applied by Bingham J in the case of The Iran Vojdan, where a clause for dispute settlement provided for (a) Iranian law in Iran (b) German law in Hamburg and (c) English law in London. But applying the principle of the closest and most real connection, Lord Bingham held that the proper law to apply would be German law with the proper jurisdiction being the English Courts. Various factors are taken into consideration by the Courts in arriving at a determination of the proper law on the basis of the closest and most real connection, including the place of contracting, the place where the contractual obligations were performed and the principal places of business of the parties4. The application of the closest and most real principle is found under Hong Kong’s choice of law rules with respect to contractual obligations and has also been recommended as a guiding principle when courts experience characterization problems. This principle has also been applied in non-contractual issues, for instance in matters involving capacity, matrimonial issues, including divorce and division of matrimonial assets, trusts and property cases5. One example, is the case of Hayim v Citibank6 which was an appeal from Hong Kong involving issues of trust with Plaintiff’s will having been made in Hong Kong. But the matter was decided under English law, which was held to satisfy the closest and most real principle because no evidence was led as to Hong Kong or American law. There is provision for application of this principle in the law of mainland China as well, under Article 126 of contract law provisions, which states; â€Å"Where parties to the foreign related contract failed to select the applicable law, the contract shall be governed by the law of the country with the closest connection thereto†7. When no

Monday, February 10, 2020

Joseph Mengele Essay Example | Topics and Well Written Essays - 1750 words

Joseph Mengele - Essay Example As a teenager, Mengele proved to be a very brilliant person, and was often praised by his instructors for his great control and self-discipline. He was very delightful, assertive, and good looking. Mengele’s favorite subjects at school included zoology, physics, and biology, but his most favorite subject was anthropology, which is the study of humans. After graduating in 1930 and wanting to make a name for himself, Mengele left the family business and ventured into medicine. This was the beginning of his infamous career. Mengele soon joined the Nazis and immediately applied for the highest position in society, the SS. The SS was an elite squad that controlled Germany’s racial cleanliness and strictly adhered to the Nazi beliefs. In the period building up to WWII and during the war, Mengele was drafted and served as a soldier. In addition to fighting on the battlefield, he was able to practice his medical skills and given power to make choices. Mengele was awarded many m edals during his service, including the First Class, Second Class, and two Iron Crosses, for bravery and courage. Later, after becoming wounded on the battlefield, Mengele was sent back to Berlin to conduct his medical experiments, through which he earned the name â€Å"Angel of Death.† Mengele was recognized as the angel of death, inflicting harm and spreading hate to all, including many innocent Jews who were unlucky to encounter him. â€Å"Usually 70 to 90 percent of all new arrivals had been condemned to die without even a passing glance from their judge and jury at Auschwitz. The handsome officer who held omnipotent sway over the fate of all the camp's prisoners was Dr. Josef Mengele, the Angel of Death† (trutv). Josef was called the Angel of Death for many reasons. One of them was that he would kill large crowds of people without hesitation. Once there was an infestation of lice in the women’s section of Auschwitz camp, and Josef came up with an idea to fi x the problem. He gassed all 750 of the women, killing them in order to solve the lice pandemic without hesitation. He was never reluctant to kill and did not think twice about the human cost of his experiments. He specifically conducted experiments on twins, the procedures of which were gruesome and torturous. These experiments included gutting and removing the reproductive organs of his patients (Auschwitz), and injecting chloroform into the hearts of a set of twins at the same time in order to instantly paralyze and then kill them. His nickname, â€Å"Angel of Death,† suited him very well. He lived up to his title through conducting numerous inhumane experiments. Josef Mengele fled from Auschwitz on January 17, 1945 (Mengele) as the Soviet army advanced toward Berlin. During the first few years of the post-war era, Mengele remained in hiding on a farm near his native Gunzburg. He took on a fake identity and began working as a farm hand. Mengele was kept informed of recent political events through his secret contacts with old friends in Gunzburg. Although he still hoped to conduct his research and experiments, it became increasingly apparent that the Allies would not let such a notorious villain escape. Eventually, he died while on the run in a drowning accident in Brazil, after which the body was checked to