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University Degree: International Law
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International law does not offer any effective remedy where the government of a State chooses to commit mass human rights violations within its own borders. Do you agree? Explain your answer fully, referring to real world examples.
The incapacity of the United Nations is often cited to explain the lack of enforcement of human rights. Even UN Ex-Secretary-General Kofi Annan expressed criticism of the Organization. Primarily it applies to the inaction of the Security Council.1 The veto power2 shows that the UN, like all international organizations, is mainly dependent upon the willingness of support and the interests of its member states. The reform of the UN will decide whether it becomes more or less important in resolving issues of global significance.
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It is a good example about the outcomes of the financial crisis. A lot of people lost their jobs and have only small chance to find a new. I also find quite interesting the link to the board situation of the Europe Union and to the neighbor countries of them. I cross the border from Germany to the Netherlands usually twice a week and have never thought about it. I think the article is really good to illustrate an example of an advantage of the Schengen Agreement and the European Union.
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In 1990 they succeeded in demonstrating before the national courts and the European Court of Justice that the UK government through the 1988 Act was in breach of Community law namely the non-discrimination on grounds of nationality and as such the Merchant Shipping Act 1988 was illegal6. The courses that the Factortame case travelled are summarized in Diagram 1 below. As depicted in the diagram both the House of Lords and the ECJ gave three significant judgements each. The course that the Factortame Litigation took Diagram 1 The Issues and Arugments rotation around the Factortame Litigation To say that the Factortame litigation spun a web of revolutionary ideologies is an understatement.
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Until comparatively recently the rights of indigenous peoples have not been adequately safeguarded by international law. Discuss
This is evidenced by the plight of numerous indigenous peoples around the world2 where many communities were displaced, exploited and in some cases, such as the indigenous Palawan community in Tasmania, completely decimated3. However, it is important to recognise that peoples have invaded or colonized each other's lands since before recorded history and so the division into indigenous and non-indigenous may be a matter of judgment. Nevertheless, during this period of history there was no recognised system of international community or international law, other than ad hoc bilateral or multilateral agreements between powerful imperialistic States4.
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This historical event was a culmination of British rule in the subcontinent of India and a growing discontent within the Muslim population of a majority Hindu Indian state. The partition of the country, however, was not a sudden or isolated event but had its roots in the 1700s. In order to understand Pakistan's unique character of implementing religious law in the common law system, it is important to understand its past and the events that led up to its formation and independence.
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What is international law; how has it developed over time; in what ways does it differ from, depend upon, and compete with municipal law, and what evidence have you seen thus far that it works?
(Grewe 183) Going back in time, the term "International Law" supersedes the earlier expression "law of nations," long since adopted as a translation of jus gentium. (Sherman 56) Hugo Grotius is credited to be the "father of international law" with his three books written in 1625 titled De jure belli ac pacis libri tres or The Law of War and Peace. (Mautner 577) After the Treaty of Westphalia, international law became more prevalent with the recognition of the sovereign state system.
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Recent developments in public international law have meant that this notion has come under scrutiny across the globe. The most notable recent changes have been the rise of international human rights with the European Convention on Human Rights, the Universal Declaration of Human Rights and the establishment of the European Court of human Rights and the rise of international organisations such as the World Bank, the World Trade Organisation and the United Nations. I will proceed to analyse the effect that these changes have had on the notion of state sovereignty. Following the establishment of the European Court of Human Rights any citizen in an EU state now has the right to appeal to this court when dealing with a case of a breach of Human Rights.
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Furthermore, this essay will critically evaluate the function and jurisdiction of the ICC, as well as detail some of the limitations which the ICC face, and how these limitations impact their effectiveness due to the resistance posed by countries such as the U.S.A. FUNCTIONS OF THE INTERNATIONAL CRIMINAL COURT Today, there is a growing need, not only for each country to have an internal justice system, but also, as the world has expanded into an increasingly worldwide community, an international justice system.
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Under the doctrine of state responsibility a state must offer diplomatic protection to its nationals Discuss the above quote in relation to diplomatic protection in cases of dual nationality and/or of very close links with another state which is no
The state responsibility is a wide spectrum of issues in international law. Shaw defines that state responsibility is a fundamental principle of international law which is based on international legal system, state sovereignty and equality of states (Shaw, 2003, 694). Therefore, if one state violates another state's sovereignty and international law, the injured state can take actions against it. Crucially, Dixon claims that under international a state of national can exercise a diplomatic protection on behalf of the national, when a national of state is suffered injury or damaged property (Dixon, 2005, 242), in a way bringing a claim instead of national and claiming compensation.
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For instance, the flag state B has rights to freedom of navigation, over-flight and of the laying of submarine cables and pipelines in the EEZ of the coastal state A. It must comply with the laws and regulations adopted by the costal state4 In addition, as it can be seen in the Saiga case5 commercial activities are also not part of the exclusive rights of the costal state in the EEZ. Dixon argues that even though the Saiga was bunkering oil in Guinea's EEZ, the coastal state may not apply its custom law to prevent commercial activities unless this is direct pursuit of the EEZ regime6 and it is not laid down by the Law of the Convention 1982.
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This particular study, therefore, will be based on the delimitation of maritime boundaries in respect to the different approaches followed by the International Court of Justice in situations such as those concerning the North Sea Continental Shelf Cases (
A clear and comprehensive examination of the development of International Law of the Sea will be presented along with the rest of the legal framework including customary law, International Court of Justice decisions and various arbitral tribunals. In addition, special attention will be given to a number of different judgments, which are of more general application and we will try to assess their significance for the international law of maritime boundary delimitation. In order, however, for this discussion to be understood in its context, it will be essential to consider a number of different cases and explore particular difficulties and problems arising out of them.
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International law - How important is the end of the Cold War as a factor in the growth of transnational crime?
Sicilian Mafia, American Cosa Nostra, Japanese Yakuza, Colombian drug cartels, Chinese Triads and the fledgling Russian Mafia are replacing conflict with common strategy, sharing resources and protection to exploit the opportunities of the new world order."3 This study, however, will be focused on the growth of transnational crime during the last century and how this been influenced by the end of the Cold War and the subsequent collapse of the Soviet Union and communism. A clear and comprehensive presentation of the way in which this particular type of criminals are operating and how their activities affect the globe will be specified in conjunction with a number of new and more hazardous threats emerging out of this.
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Investigation into the rule of stare decisis - it is clear that within International Law, tribunals largely agree on the basic foundation that there is no obligation within the Law to follow earlier prior decisions on the nature of what is known as Sta
It clearly provided that "The decision of the Court has no binding force except between the parties and in respect of that particular case."1 Firstly it will be explored as to what Customary Law is. It is basically Law which is derived from Custom rather than actually renowned rules of Law. Even though it is 'Custom' it should not be confused as not binding within the law. Custom is considered by, jurists, the United Nations and finally the International Court of Justice.
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Advise the prime minister in regard to both concerns, drawing primarily on your knowledge of the GATT/WTO regime.
When further details regarding economic policies are brought forward it can be assessed as to their significant in being affected by policies the WTO/GATT regime underpin. Economic Development is a key issue as evident in Principle 4 of the Rio Declaration which provides that environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it. The need to integrate environmental protection and economic development was regarded by the International Court of Justice (ICJ)
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It is clear that there is little room for maneuver for Judges and they should follow the prescribed method within the law. Stare Decisis is not found here either encouraging an interpretation approach rather than a creative one. One of the main foundations of the Civil Law system advocates the view of Judges being the mouthpiece of the law, something supported in the modern French system. The Napoleonic Code took a highly negative view of Judges making law post the French Revolution.
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The term de facto means 'on the facts' there is no law that enforces it whilst the WTO is described as de jure that means 'by the law'. GATT was established after the Second World War in Geneva Switzerland and was the first time post war that governments across the border had gathered to negotiate a multilateral agreement on trade. Prior in 1944 Bretton Woods was the start of international economic environment that created the three pillars of international law; International Monetary Fund (IMF), International Bank for Reconstruction and Development (IBRD)
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This harmonized picture that seeks to avoid conflict between the two spheres seems beautiful and neat, however, the complexities and intricacies arise when trying to turn it into a vivid, real and a lively image of domestic law-international law dynamic which is oriented 'towards the hyphen between them; that is, towards the action of relating them' 4 This is evident when referring to International tribunals, which are lucid when conflict surfaces between international and national law, international law prevails. Any domestic matters are to be resolved within the national law sphere including the nature of the domestic application of international law.
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Soaring net immigration figures from outside the UK are an increasing public concern, with numbers having trebled from 1990 to 2006; a scale that is unprecedented in UK history. Due to this rapidly increasing number, and with forecasts predicting further rapid growth, immigration has become one of the biggest public policy issues in the UK today. The Government has been forced to address the economic, social and cultural impacts of immigration and as a result has introduced new policies in order to manage migration more effectively.
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Background In January of 2002, the Bush administration released their National Security Strategy, containing the Bush Doctrine of pre-emptive war, which promoted adapting the rules regarding the use of armed force in order to allow pre-emptive attacks against "emerging threats" posed by "rogue states" with weapons of mass destruction. Ever since the release of the National Security Strategy, international law and where it does and should stand on the topic of pre-emptive attacks has been a hot topic in international politics.
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Furthermore, as Grant explicitly adjudicates, currently "the citation to the Convention in contemporary discussions of statehood is nearly a reflex".9 Hence, according to the Montevideo Convention, a "state" is an entity that has (a) a defined territory and (b) a permanent population, under control of its own (c) government, that engages in,10 or has (d) capacity to engage in, formal relations with other states. a) Defined territory Shaw regards the control of territory as the essence of a state.11 As Judge Huber noted on the concept of territorial sovereignty in the Island of Palmas case, "territorial sovereignty involves the exclusive
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It had been said that Russian forces occupied parts of Georgia adjoining South Ossetia, including the town of Gori and the Russian fleet went in to action against the Georgian navy. Georgia stated that the dispute and wage war began after learning that a large convoy of Russian armour was heading through the Roki tunnel, from North Ossetia and South Ossetia. Nevertheless, Russia says it acted to defend Russian citizens in South Ossetia, and its own peacekeepers stationed in the breakaway region.
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Decide the size of the text box for all the images. 15/01/2007 YES 16/01/2007 Proof read the report From the introduction, main body and conclusion. 17/01/2007 YES 18/01/2007 Print the report - 18/01/2007 YES 19/01/2007 Hand the report in. Before midday - YES 1.INTRODUCTION Six years ago, leaders from every country agreed on a vision for the future - a world with less poverty, hunger and disease, greater survival prospects for mothers and their infants, better educated children, equal opportunities for women, and a healthier environment; a world in which developed and developing countries worked in partnership for the betterment
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( Marx and Engel (1864) 1970:64 in Haywood, 2002, 42). Therefore stressing on the fact that ideas of the ruler or rulers being the elite in the society or the masses to rule becomes the political ideology of the day. Democracy being a political ideology can be traced back to ancient Greece, the word is derived from the Greek root word (Kratos) meaning power or rule. Democracy thus means a rule by the people (demos) indicating that form of the government thus serves the interest of the people regardless of their participation in a political life.
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Samidul Islam & Md. Saud Hasan who has given proper guideline to complete this work. I am also gratefully indebted to my teacher S.M Masum Billah who not only provided information but also have been a source inspiration all along this work. I always use the Library of Northern University to complete my Research. So I express my heartfelt gratitude to all librarians and their staff. I also use the Library of BELA, BLAST & Ain-O-Shalish Kendra. So I am equally thankful to all their authority & their staff. Contents Chapter One INTRODUCTION Chapter Two BACKGROUND AND DEVELOPMENT OF PIL Emergence of Public Interest Law in America Roots Expansion Attaining maturity Public Interest Law and
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Udombana asserts that this has profound implications and takes the example of women's rights in Africa4. Mutua had previously expressed the fear that the African Charter offered inadequate protection for women's rights5. Under Udombana's assertion 'an aggrieved woman or group of women could bring a case to the African court under another international treaty that better protects her rights'6 because the ACHPR is not limited to the Banjul Charter. This remarkably broad subject-matter jurisdiction may mean that Africa takes a giant stride forward in the protection of human rights. However, Charney opposes this view and warns that this may be a recipe for 'jurisprudential chaos,'7 where the ACHPR's decision conflicts with other international organs decisions.
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