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Importance of international law
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An example of how state responsibility can be important to international organization. The Secretary – General of the UN sent a letter to the President of the International Court of Justice in December of 1948. (Trygve 1948) The Secretary- General wanted the International Court of Justice to give their advisory opinion on a legal question that the General Assembly had. They wanted to know that if an agent of the UN got injured while performing their duties involving the responsibility of state does the UN as an organization have the ability to bring an international claim against the responsible party. They also wanted to know if they could obtain reparation due to the damaged caused to the UN, to the victim, or to the persons entitled through them. (Trygve 1948) Here is an example of an international organization wanting to have the same rights as states when it comes to state responsibility and reparations. The last case of state responsibility is the case of the United States v. Mexico in regards to the Massey Claim is a good example of state responsibility in regards to how no matter whatever official’s status or rank misconduct can make the state liable for their action against another state or citizen of the other state. An American subject in October of 1924 was killed by a Mexican citizeen in Mexico. He was then arrested and imprisoned. The assistant jail keeper unlawfully permitted the accused to escape. There was no evidence shown that the authorities in Mexico took effective action to apprehend the accused. Since the jailer allowed the accused to escape it placed responsibility on the part of the respondent government. (United States v. Mexico) A claim was made by the United States on the behalf Gertrude Parker Masse... ... middle of paper ... ... the President of the International Court of Justice, the Hague Massey Claim. 1927. United States v. Mexico Pugh, Michael.1987. “Legal Aspects of the Rainbow Warrior Affair.” The International and Comparative Law Quarterly Vol. 36 (No. 3): 655–669. Rainbow Warrior. 1990. (New Zealand v. France). France- New Zealand Arbitration Tribunal. Reis, Tarcísio Hardman. , Compensation for Environmental Damages under International Law: The Role of the International Judge, Netherlands: Kluwer Law International. 2011. Rosenne, Shabtai, 1991. International Law Commission's Draft Articles on State Responsibility. Netherlands:Martinus Nijoff Publishers. Veitch, J.2010. A sordid act: the Rainbow Warrior incident. New Zealand International Review, 35(4), 6-9. Wright, Robin. “Iranian Boats May Not Have Made Radio Threat, Pentagon Says.” Washington Post. 11 January,2008.
To define the terminology of federalism to a simplistic way is the sharing of sovereignty between the national government and the local government. It is often described as the dual sovereignty of governments between the national and the local to exert power in the political system. In the US it is often been justified as one of the first to introduce federalism by the ‘founding fathers’ which were developed in order to escape from the overpowered central government. However, federalism in the United States is hitherto uncertain where the power lies in the contemporary political system. In this essay I will outline and explain how power relationship alternates between states and federal government. Moreover I will also discuss my perspective by weighing the evidence based upon resources. Based on these resources, it will aid me to evaluate the recent development in the federal-state relationship.
Pillay, Navi. "HUMAN RIGHTS HIGH COMMISSIONER SAYS RESPONSIBILITY TO PROTECT OFFERS OPPORTUNITY TO PREPARE FUTURE RESPONSE TO SITUATIONS UNITED NATIONS WAS CREATED TO PREVENT." United Nations. It's Your World. Department of Public Information, 22 Jul 2009. Web. 14 Jan 2014. .
The idea of intervention is either favoured or in question due to multiple circumstances where intervening in other states has had positive or negative outcomes. The General Assembly was arguing the right of a state to intervene with the knowledge that that state has purpose for intervention and has a plan to put forth when trying to resolve conflicts with the state in question. The GA argues this because intervention is necessary. This resolution focuses solely on the basis of protection of Human Rights. The General Assembly recognizes that countries who are not super powers eventually need intervening. They do not want states to do nothing because the state in question for intervening will continue to fall in the hands of corruption while nothing gets done. The GA opposed foreign intervention, but with our topic it points out that intervention is a necessity when the outcome could potentially solve conflicts and issues. In many cases intervention is necessary to protect Human Rights. For instance; several governments around the world do not privilege their citizens with basic Human Rights. These citizens in turn rely on the inter...
The opposing argument serves as a perfect gateway to the topic of relationship between Federal and State government. In the United States, the Supremacy Clause serves...
Accountability is a subject that ranges through every spectrum of life. From simply knowing your food supply by opening the refrigerator, to knowing the exact amount of ammunition a military convoy has at its disposal, down to each individual round. When we know what the situation is, and hold each person responsible for they're actions in the situation, that is the concept of accountability at its root. If we are not to hold each other responsible for each of our own actions and choices then we will never be able to correct problems and concerns, which will make us fail as a whole because the smallest individual action can account for the gravest of concequences. In this essay I'm going to show how important accountability is in the everyday life of a United States Marine. I will do this by presenting the textbook definition of accountability then dissecting it and defining it in my own words. I will then show you how the military practices accountability with everything it does; by applying a system that is similiar to that of checks and balances. I will tie into this the Incident that occurd in 29 Palms, CA on August 31, 1988, where the failure to have accountability of all the marines on Base ultimately resulted in the negligent death of one Marine, and the ruined careers of those who were in charge of him. Lastly I will go down to the basic level of the Marine Corps: the life of the individual Marine and how he can, and naturally does to a point, apply accountability to his every action, be it on or off duty.
It is important for us humans to know that we must take full responsibility for our actions and maturely deal with any consequences that those actions may lead to. According to Ryon and Gleason (2013), “the first conceptualization of control was developed in 1966 by Rotter,” which is currently referred to as locus of control. Rotter defined locus of control as “the degree to which an individual expects that a contingent relationship exists between one’s behaviors and outcomes” (Ryon & Gleason, 2013). Fournier and Jeanrie reference Rotter’s study by explaining the two types of locus of control: “external control” and “internal control” (as cited in Rotter, 1966, p. 1). The purpose of Rotter’s theory was to examine “what causes reinforcement” whether it be an intrinsic or extrinsic factor (Kormanik & Rocco, 2009). Rotter measured “people’s general control expectancies” by using what is known as the “Internal-External Locus of Control Scale” (Fournier & Jeanrie, 2003).
States ratify human right treaties to enter into agreements and commit each other to respect, protect and fulfill human rights obligations. However, the adherence to human rights treaties is not ensured by the same principle of reciprocity instead to ensure compliance, collective monitoring and enforcement mechanisms were introduced.8 International organizations and treaty ...
456). Also, as stated by Besson, a State needs jurisdiction in order to apply human rights treaties, meaning that “it conditions the applicability of those rights and duties on political and legal circumstances where a certain relationship exists between right-holders and state parties” (Besson, p. 860).
The 21st Century has witnessed Asia’s rapid ascent to economic prosperity. As economic gravity shifts from the Western world to the Asian region, the “tyranny of distance [between states, will be] … replaced by the prospects of proximity” in transnational economic, scientific, political, technological, and social develop relationships (Australian Government, 1). Japan and China are the region’s key business exchange partners. Therefore these countries are under obligation to steer the region through the Asian Century by committing to these relationships and as a result create business networks, boost economic performance, and consequently necessitate the adjustment of business processes and resources in order to accommodate each country’s employment relations model (Wiley, Wilkinson, & Young, 2005). Cognizant of the fact that neither Japan nor China has given up on its external (protectionism or parity) adjustment tools, it is posited that they can nonetheless coexist since both “produce different things and in different ways” and as such avoid the cited perilous US and Mexico competition; but due to globalization, the operating environment portends a convergence or divergence of Industrial Relation (ER) strategies between China and Japan (Lipietz, 1997; Zhu & Warner, 2004).
The International Court of Justice (ICJ) is an important organ of the United Nations. Actually it is the UN's principal judicial arm used to foster international peace. It was established after the League of the Nation and its judicial organ the Permanent Court of International Justice (PCIJ) were dissolved after the Second World War, in 1946. Its main purpose is to support the UN (which was formed in 1945) in its endeavour in promoting international peace and law . Important to note is the fact that this court, although referred to in a non-technical context as the world court, does not automatically possess compulsory international jurisdiction. The treaty creating this court, referred to as the stature of international court of justice, provides an option for member states to chose whether to be subjected to the court international compulsory jurisdiction or not. A state once it decides to be subjected to this compulsory jurisdiction is still at liberty of setting condition that will shield it against adverse implication of the subjection. This provision gives mainly powerful states undue advantage over less powerful ones when it comes to international matters. For instance they can easily decide not to attend the court proceeding, and if they attend they refuse to abide to the court ruling without facing serious implications .
International law is a body of legally binding rules that are suppose to govern the relations between sovereign states. (Cornell Law School) In order to be a qualified subject, a state has to be sovereign. To be considered sovereign the state needs to have territory, a population, and a government that is recognized or legitimized to most other states. In the more modern explanation of international law now can include the rights and obligation on intergovernmental international organizations and even individuals. Examples of an international organization would be Greenpeace or the United Nations and an example of an individual would be war criminals, a leader of a state that violated human rights during a time of war. When a dispute arise and cannot be solved amongst the two actors involved they can turn to the U.N. to arbitrate and to the International Court of Justice, one of many courts within the U.N. to find a resolution to their problem. The International Court of Justice’s main task is to help settle legal disputes submitted to it by states and...
The process of reforming the United Nations (UN) has been a highly debatable issue among the international community. Since the initial signing of the UN Charter in 1945, the world has changed dramatically as the UN is trying to regulate a forum that assesses and deals with global issues while also struggling to unite all 193 member states of the UN when some states have been seen to have conflicting ideas and personal agendas (Teng, 2003, pp. 2-3). This essay is targeted to highlight what I feel are the most pressing arguments for UN reform amongst the international community. This will be done by highlighting the problems and ongoing issues surrounding the lack of representation and P5 power of the United Nations Security Council (UNSC), arguing that the UNSC is out of date and controlled egotistically. This essay will also highlight the humanitarian aspect of the UN and the role it plays in meeting and solving complex global problems. This will be done by showing reform propositions in the aforementioned councils in the UN in hopes of showing how reform will be achieved.
IOs and states play a critical role in maintaining world peace and security. The United Nations (UN), in particular, is the centerpiece of global governance with respect to the maintenance of world peace. The UN provides general guidelines for all the states on how to solve potential conflicts and maintain international o...
The UN has made strides toward and continues to fight for world peace, but this however is not the only function of the agency. Environmental protection, Human rights, health and medical research, alleviation of poverty and economic development, emergency and disaster relief, and labor and workers' rights are just a sample of what the UN continues to battle as the year 2000 approaches.
As citizens of the United States, and as people living under a democracy, the government has certain responsibilities to us. We are guaranteed union, justice, tranquility, defense, welfare, and liberty. These rights are all very important to the well being of our country and the states that exist in it. I feel that there are three that are a little more important than the others.