As stated in the Code of Hammurabi, “an eye for an eye, a tooth for a tooth”, this was the notion that for every undesirable act that was done, there should be an equal punishment given (The Phrase Finder). The code was also based on the rule of law, which ultimately states that no person is above the law. Furthermore, in terms of diplomatic immunity, before looking at the problems of it, we must first establish the history of it. Some might ask, what is a diplomat? Well according to the dictionary, a diplomat is “a person appointed by the government, to conduct official negotiations and maintain political, economic, and social relations with another country or countries” (“Diplomat, 2014). Some other duties of a diplomat include, promoting relationships between different countries, protecting the interest of the home country with the host country, and representing the home country in the host country (E Diplomat). Above all, it is a fair statement to say that, diplomats truly have a special job position. Along with the duties diplomats have to preform, they are also protected and exempt from all laws, while in the host country and this is ultimately known as diplomatic immunity (Tunks, 2002).
Besides the duties that diplomats perform, to truly understand diplomatic immunity we must first know where it came from. In 1961, the Vienna Convention on Diplomatic Relations was drafted and this convention outlined the rules included in diplomatic and International Law. It codified the most contemporary diplomatic practices, which include diplomatic immunity (E Diplomat). Along with the immunity, it is also true that diplomats and their immediate family have no criminal, civil or administrative liability (Zabyelina, 2013). Diplomats may...
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...or which it should be eradicated from the Vienna Convention. The main purpose for the immunity was to ensure diplomats did their jobs; which it has done. Now all it seems to be doing is continuing to benefit the diplomats and not their missions. In retrospect, the amount of incidents involving diplomats may be small, but it is only a matter of time until we start to see an increase in abuse. It is now up to the United Nations to get together and discus this issue. They must debate the possible proposals and come up with a logical answer. In the near and far future, the United Nations will have to reform diplomatic immunity or risk the resent and retaliation of the other 160 nations. As a final point, as stated by author Lois McMaster Bujold in her book Diplomatic Immunity, “the dead cannot cry out for justice; it is a duty of the living to do so for them” (Bujold).
Carcasses attract scavengers. The Guilty Party by O. Henry showcases the untimely death of a girl of twelve, Liz. Above Chrystie Street on the east side, a strange bird stalks the children of the playground. Although people say it’s a stork, locals call it a vulture. In this case, Liz is the carcass that the vulture sets its eyes on.
John Adams Wanted to sign a law into the government that was called the Alien and Sedition Acts. These acts gave the government the right to jail people for speaking against the government, or talking negatively about the United States. Along with being an immigrant from a country that supported terrorism. So if you were an immigrant who came from a terrorist approving county, the government will have the right to jail you even if you did nothing to harm or disobey the country’s laws and rights.This can only happen if the Alien and Sedition Acts were approved.
This also prompted the British Foreign Secretary to review of the Vienna Conventions[2], which grants such immunities. As a result of this the Foreign Affairs Committee[3] had compiled a report, following this initial report, the United Kingdom Government produced a White Paper[4]. The main objective cited in the paper was to reduce the abuse of the diplomatic immunity and the privileges that came with it. In response to the detailed recommendations made by the Foreign Affairs Committee, the Government stressed that any attempts at trying to make amendments to the Vienna Conventions was fraught with difficulty, instead the need to apply the Convention in a firm manner was more realistic[5].
&., 2005, p. 67) , the United States Congress refused to cooperate with America joining the League and viewed Woodrow Wilsons idea of the League and his foreign policy as too ‘ideational’. With the absence of the US rendering the League without access to Americas forceful military and economic power- which left the Covenants ability stated within Article 16 to “institute economic or military sanctions against a recalcitrant state” (Orjinta, 2010, p. 10) considerably weaker- German, Japanese and Italian dictatorships rejected the sovereignty of the League (Wilkinson, 2007, p. 86). Yet although it can be agreed the League failed in regards to its main purpose of maintaining peace and security, it did however provide a desire among states for an Intergovernmental Organisation (IGO) to ‘recognise that it is in their [governments] national interests to obtain multilateral agreements and pursue actions to deal with threats, challenges, or problems that cannot be dealt with effectively at the unilateral level’ (Wilkinson, 2007, p. 79). From this perspective, the League of Nations opened up a place for the United Nations to thus continue on a path of maintaining peace in an improved and effective manner. It is true that the UN Charter commandeered elements of the Leagues
In the ever-changing world today, companies are continuing to innovate so they can maintain a competitive advantage. In order to keep their ideas secret, companies use legal documents called non-disclosure agreements or confidentiality agreements. Thousands of companies sign these contracts with other businesses and their own employees to ensure that current projects, innovative ideas, or new products are undisclosed from competitors. NDAs provide a level of protection and comfort when disclosing information to another party.
The focus of this paper is on the United Nations Security Council reform issue. It will start by giving some history on the United Nations charter and the Security Council. This background will set up a discussion on the past and present proposals to reform the Security Council. I will also offer analysis on the feasibility of these reform proposals. I will then discuss what the key countries think about Security Council reform.
About the power of the subjects of international law, it is the basic properties, the special legal ability of the subjects that inherited the rights and shoulder the obligations, legal responsibility in international legal relations. Subjects' power includes two aspects, and only when ones get all these two aspec...
Confidentiality is defined as the protection of personal information. It means keeping a client’s information between the health care providers and the client. Every single patient has the right to privacy regarding their personal information from being released to anyone outside of their health care providers. Health care providers have a legal and ethical responsibility to protect all information regarding patients by not disclosing their information to anyone without their written consent from the patient.
To truly understand why women or why some women continue to accept their second class citizenship status to men, one must become aware of the lived experiences of these women. As Patti Lather suggests, people must be the narrators of their own stories (Critical inquiry in qualitative research: Feminist and poststructural perspectives: Science “after truth”). Until we become aware of these perceived “second class” citizens’ stories, we are only left to postulate based on our own experiences.
...th 2001). Roth argues that the concept of international jurisdiction is not a new idea but was exercised by the US government in the 1970 after an aircraft hijacking. Also the war crime courts established after the end of World War II exercised international jurisdiction. In fact the Geneva Convention states that is a person regardless of their nationality should be brought before the court of any state in which that person has committed grave breaches of law and convention. Roth states that the concept of international jurisdiction is not a new one but that only in recent years have states been willing to act on universal jurisdiction and go after criminals of the international community regardless of their stating or power within the international community. Roth believes in the ability and authority of international organizations and institutions (Roth 2001).
Public International law International law contains of rules and principles, which preside over the relations and communication of nations with each other. International Law that is in most other countries referred to as Public International Law concerns itself only with questions of rights among more than a few nations or nations and the citizens or subjects of other nations. In dissimilarity, Private International Law deals with controversies among confidential persons, natural or juridical, arising out of situations having important association to further than one nation. In current years the line up connecting public and private international law have became more and more doubtful. Issues of private international law may also associate issues of public international law and numerous matters of private international law nave considerable meaning for the international group of people of nations. International Law consists of the basic, classic concepts of law in nationwide legal systems, status, property, responsibility, and tort. It also includes substantive law, procedure, process and remedies. International Law is rooted in receipt by the nation states, which comprise the system. Customary law and conventional law are primary sources of international law. Customary international law results when states trail convinced practices usually and time after time out of an intelligence of legal responsibility. Lately the customary law was codified in the Vienna Convention on the Law of Treaties. Conventional international law derives from international agreements and may obtain any appearance that the constricting parties have the same opinion upon. Agreements may be complete in admiration to any substance except for to the leve...
The study of international relations takes a wide range of theoretical approaches. Some emerge from within the discipline itself others have been imported, in whole or in part, from disciplines such as economics or sociology. Indeed, few social scientific theories have not been applied to the study of relations amongst nations. Many theories of international relations are internally and externally contested, and few scholars believe only in one or another. In spite of this diversity, several major schools of thought are discernable, differentiated principally by the variables they emphasize on military power, material interests, or ideological beliefs. International Relations thinking have evolved in stages that are marked by specific debates between groups of scholars. The first major debate is between utopian liberalism and realism, the second debate is on method, between traditional approaches and behavioralism. The third debate is between neorealism/neoliberalism and neo-Marxism, and an emerging fourth debate is between established traditions and post-positivist alternatives (Jackson, 2007).
In the past few decades, the world has experienced heightened globalisation. During this period, organisations have prioritised setting up leaders capable of dealing with the ever-increasing involvedness of running their global operations. Overseeing global talent along with career paths is consequently a decisive challenge in lots of multinational organisations. Individuals as well as organisations perceive International assignments as a constructive way of developing global occupational competencies (Brewster & Suutari, 2005).
Article 17 1. In a State where the sending State has no diplomatic mission and is not represented by a diplomatic mission of a third State, a consular officer may, with the consent of the receiving State, and without affecting his consular status, be authorized to perform diplomatic acts. The performance of such acts by a consular officer shall not confer upon him any right to claim diplomatic privileges and immunities.
States are left with a wide discretion, limited only by prohibitive rules and wherein no such prohibitive rules exist, States have the freedom to adopt the principles that it regards as best and most suitable. The ICJ effectively held that acts or omissions that are not prohibited under international law are