Legal analysis

Legal analysis

a selection of topics from which you should choose one. The topics will all involve the way in which  domestic legislation in United Arab Emirates gives effect to aspects of particular Conventions which impact on Customs laws in United Arab Emirates. In essence, you will be required to do a situation and gap analysis to see whether or not United Arab Emirates is compliant with the Convention to which the question you have chosen refers, and, if not, what legislative or procedural changes would be needed to become compliant.

Purpose of assignment    To strengthen your understanding of the application of conventional International Customs Law under United Arab Emirates customs legislation.
You will be assessed on the following:
?    your ability to relate the Convention to your domestic customs legislation
?    the quality and relevance of your analysis of the state of compliance in your country with the Convention
?    the relevance and effectiveness of your proposed changes to Customs Law
?    the academic quality of your answer – research, reasoning and construction of the analysis
The academic quality of your essay will be assessed on:
(a)    your ability to demonstrate relevant research into the subject matter.
(b)    the logic of your reasoning and the strength of the arguments that you develop.
(c)    the construction of your essay including grammar, readability, length and appropriate referencing.

International Customs Law

The purpose of this assignment is to enable you to demonstrate your understanding of the way in which an International Convention creates obligations under domestic legislation in United Arab Emirates. It explores the relationship between International Law and domestic law in United Arab Emirates., and the role of Customs in giving effect to international commitments.

Answer one of the questions below.

Question 1

Examine the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 and identify the key provisions which impact upon your Customs administration:

(d)    If United Arab Emirates  is a party to the Convention, analyse the way in which  United Arab Emirates gives effect at law and in practice to these provisions. In your answer, cite any case studies from your jurisprudence which show these provisions in practice.
(e)    If   United Arab Emirates is not a party to this Convention, analyse the current state of your law and advise what legislative changes would be necessary to give effect to these provisions. Explain your reasons for these changes.

Question 2

Examine the UNESCO Convention Against Doping in Sport. Which provisions of the Convention would it be the responsibility of Customs to enforce? What legislative changes would need to be made under your existing legislation for United Arab Emirates  to comply with the Convention? (If  United Arab Emirates is already a party to the Convention, examine the legislative changes that were made to enable you to become a party.)

Question 3

Examine and analyse the provisions of the CITES Convention and identify the key provisions which impact upon your Customs administration:

(a)    If  United Arab Emirates is a party to the Convention, analyse the legislative and administrative changes that have been made to give effect to the customs-related provisions you have identified.
(b)    If  United Arab Emirates is not a party to CITES, identify the legislative and administrative changes that would be needed to give effect to the customs-related provisions.

Question 4

Consider and analyse those provisions of the Palermo Convention (including the protocols) which would impact upon Customs. If  United Arab Emirates is a party to the Convention, what steps has it taken to implement these customs-related provisions? If it is not a party, what steps would it need to take to become compliant?

Question 5

Examine either one Chapter of the General Annex to the Revised Kyoto Convention or one of the Specific Annexes. If United Arab Emirates   is a party to the Convention, analyse what measures it has taken to ensure that it is compliant with that chapter or Specific Annex. If your country is not a party, analyse what legislative change would be required for United Arab Emirates to be compliant with that Chapter or Specific Annex.

Question 6

Examine the Convention against Chemical Weapons and consider what role Customs would be required to play in its implementation. Examine  your national legislation for United Arab Emirates to see whether it provides adequate authority for Customs to enforce those Convention provisions for which Customs would be responsible. What legislative changes would be needed to make United Arab Emirates fully compliant?

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