During war, the dominators are accountable for their actions bound by the rules and norms of international society.
During war, the dominators are accountable for their actions bound by the rules and norms of international society. Any acts taken with another party, there will be law, and even the laws of war do exist. The Geneva Convention relates to the rules that for the conduct of the combatants and the protection of the prisoners or war. This Convention was formed on the 12th of August 1949. The central thesis of this paper will argue that while the view of international society reflected in the laws of war may be challenged by the nature of modern conflicts, such as the incident of the bridge on the River Kwai during World War II. During the incident, the Geneva Convention has been violated. The prisoners of wars were ordered to build a bridge over the River Kwai in Burma to help move Japanese supplies and troops from Bangkok to Rangoon. This incident is about the struggle of imperialistic wills between a British and Japanese Colonel of different and opposing cultures. The way the Japanese ruled have caused the soldiers to be physically and mentally abused. The Geneva Convention is where the prisoners of war are to be kept under the protection and the rule of principles of the law of international society, as the law results from the usages established among civilized peoples, from the laws of humanity, and the mind of the public conscience. The prisoners' rights are in the hands
Until comparatively recently the rights of indigenous peoples have not been adequately safeguarded by international law. Discuss
Until comparatively recently the rights of indigenous peoples have not been adequately safeguarded by international law. Discuss Indigenous people are located on every continent of the world and are estimated to equate to 6% of the world's population, with an estimated 5000 distinct groups in 72 countries1. With such figures it may be alarming to think that so many people could have been failed by not having sufficient safeguards at international law. Yet, it may be said that international law has indeed failed to protect the rights of indigenous people and until relatively recently had not even recognised them with rights that are capable of being protected or enforced. This essay will attempt to outline the possible reasons for this lack of protection at international law for indigenous peoples. It will endeavour to outline the historical context of the plight to which indigenous communities have faced, the history of rights being recognised at an international level and the possible distinction between these rights and rights specific to indigenous peoples; the protection afforded by other rights recognised at international law; the recognition of indigenous communities from governmental and non-governmental organisations; definitions of who may constitute indigenous and whether this is helpful; and finally, The UN Declaration on the Rights of Indigenous Peoples of 2007.
Assume that you have been asked by the Foreign Office to write a briefing paper justifying the 2003 invasion of Iraq. Do so.
Chris Thomas International Law Essay Wednesday 11-12 Word Count - 2,788 Q. Assume that you have been asked by the Foreign Office to write a briefing paper justifying the 2003 invasion of Iraq. Do so. In light of a multitude of events that span across three decades, it is the opinion of the British Government that immediate and definitive military action needs to be taken against the current Iraqi Regime. This document aims to justify this position focusing on the conduct of Iraq domestically and internationally. Over the past twelve years since the withdrawal from Kuwait, the Regime has openly flouted International Law, publicly refusing to comply with the terms laid down by the Cease-fire Resolution 687. The staring point for this document is the serious threat deemed to be posed against foreign interests and the overall security of the region by Weapons of Mass Destruction (WMD). By the mid-1970's Iraq had an effective chemical and biological warfare programme, more emphasis being put on the biological side with the outbreak of the war with Iran in the early 80's. By 1987 a secure biological research facility had been developed at the Salman Pak site and by the mid 1990's other civilian facilities were taken over and adapted for military research, al-Dawrah Foot and Mouth Vaccine Institute and Amariyah Sera and Vaccine Institute are names of but a few. At the
Is modern democracy the best form of democracy
V IS MOERN DEMOCRACY THE BEST FORM OF GOVERMENT "The philosophers have only seen the word in various way; the point is change it" (Karl Marx, theses on Feuerbach (1845) in Haywood, 2002, 40) In other words Karl Marx is implying the fact that every political idea or theory seeks to see the world through the veil of assumptions and presumptions according to the subject or person in the question. This broad political ideas, creeds or traditions are termed as political ideas which are mainly liberalism, Marxism, Realism among others which constitute a unique intellectual framework or paradigm where by each offer it's own idea of a political reality and world view. The term ideology coined in 1796 by French philosopher Destutt de Tracy (1754-1836) refers to a new "science of ideas". Karl Marx also describe political ideology as a ruling material force in society by writing that "the ideas of the ruling class are in every epoch the ruling ideas, thus the class which is the ruling material force in the society and is at the same time the ruling intellectual force. The class has the means of mental production at it is disposal has control at the same time over the means over the means of mental production. ( 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
Human Rights Legislation.
Human Rights Legislation. The Universal Declaration of Human Rights (UDHR) was adopted on the 10th of December 1948. The declaration was not intended to impose any legal obligation on the state; rather it was proclaimed as, "a common standard of achievement for all peoples and all nations". Although it is not binding on any state, the declaration strengthens the states obligation under the UN Charter1. The fundamental principle of the UDHR, is that it is universal both in scope and in applicability. These rights are assigned, not because their government has taken up membership in some international peace-loving organisation, but rather these are seen as fundamental rights protecting the individual, simply by the virtue of being a Human. The essence of 'Human Rights' is so they impose an obligation on individuals or on states to give assistance to every other human being to attain these fundamental rights. In context to the question posed, Human Rights provisions are interesting because if it is found that the prisoners held in Guantanamo Bay are not entitled to Prisoner of War (POW) status, (therefore not protected under the Third Geneva Convention), then their detention and treatment will have to be in line with International Human Rights provisions. In addition to the UDHR, there are several regional versions. The American Convention on Human Rights, which was entered
What are the factors that contribute to state legitimacy and stability?
What are the factors that contribute to state legitimacy and stability? The state is most simply defined as a political association that establishes sovereign jurisdiction within defined territorial borders and exercises authority through a set of permanent institutions. It exercises absolute and unrestricted power, standing above all other associations and groups in society, while having no external oversight into its own actions. In international politics, the state is an autonomous entity, exercising jurisdiction within geographically defined borders. Its institutions are responsible for making and enforcing collective decisions in society and are funded at the public's expense, and it possesses the coercive power to ensure that its laws are obeyed and that transgressors are punished. As Weber puts it, that state has a monopoly of the means of "legitimate violence." Given the state's monopoly of power and ability to control its citizens, it is important that the state has legitimacy. In order for its decisions to be accepted by its citizens as binding, it must give its citizens good reasons for compliance, without which it is unable to function. The state requires legitimacy to achieve the goals that depend on the support of its population, and to maintain its political system intact in the face of serious policy failure or challenge to it. Weber has argued that, as
International Law: Multinational companies may lack personality under general international law; how
International Law: Multinational companies may lack personality under general international law; how Multinational companies maybe described as 'enterprises which own or control production or service facilities outside the country in which they are based14.' Such companies are usually privately owned, and have developed to possess a substantial degree of international economic and political power, through its vast resources, which are above that of many states. Despite such power and global activities, which include entering into agreements such as concessions, with states, traditionally, such companies are not persons under general international law, where are only states are regarded as subjects15. Historically the socialist and developing states have been seen to oppose any recognition of multinationals. The socialist states were seen to oppose such entities on political and ideological grounds, whilst the developing states were weary of the power of multinationals, fearing exploitation. However, with the fall of communism in USSR and eastern Europe, and communist states such as China entering into agreements with multinationals16, opposition on ideological grounds has somewhat diminished. Whilst the need for foreign investment has led to developing states entering into agreements with multinationals, regardless of their fears. This indicates a de facto recognition of
International Trade Law
International Trade law This assignment will focus on the actions of two member states of the World Trade Organisation1 (WTO) to determine whether state A is within their right to subsides their shoe industries. The subsidies implemented have three parts; the first created a private law body called 'Organisation for the Protection of the National Shoemaking Industry'. This body directly limits the number of shoes imported from abroad. Second the private body was funded by state A to provide a number of loans to at least 100 shoe making production companies in the country. Third, previous loans given to the same companies have been written off as a result of the new policy initiated in the state A. Understandably state B were furious with state A and want countervailing measures brought against state A actions; and as compensation for any loss that may occur will be considering an import duty on state A shoe industry. The starting point of discussion is what effect will the WTO have on the two states? Or in other words what does it mean to be a member of the WTO? The WTO is the pinnacle recognition that promotes the understanding that international progression can only be achieved if a fair and free market trade are conducted by member states. The WTO is the successor to the General Agreement on Tariffs and Trade (GATT) which was created in 1947 and operates as a de facto
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 (
Indisputably, the delimitation of maritime boundaries around the world has been one of the most significant and complex issues that the international community was faced with over the last two centuries. It has been accepted that from the early stages of human existence the world's oceans and seas have been converted into one of the main resource base upon which a significant percentage of humankind relied for sustenance and livelihood options. In the beginning of the 21st century, they continue to provide tremendous resources, living and mineral, and constitute the foundation for vital economic sectors such as trade, tourism and energy, undoubtedly essential to all States, developed or developing. In short, only few resources have as broad an impact on our economy and communities as our oceans and seas, by becoming vital to homeland security, transportation, trade, environmental and scientific research, historical and cultural heritage. Based on the foregoing, therefore, countries all over the world have actively passed laws related to the seas in an attempt to determine maritime boundaries and to guarantee the freedom of the high seas to all states.1 Despite such an attempt, due to the close geographical proximity of many States, their maritime zones often overlap to a greater or lesser extend, leaving no other option to them but to establish boundaries between such zones in
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
'Under the doctrine of state responsibility a state must offer diplomatic protection to its nationals' Discuss the above quite in relation to diplomatic protection in cases of dual nationality and/or of very close links with another state which is not the person's state of nationality. Introduction Under international law state responsibility is an essential point regarding to sovereignty and equality of states. A state is responsible for its wrongful acts, but also a state has a right not to be forced by other states. Therefore, when the national of the state is damaged, the state has a right to take actions which known as diplomatic protection of nationals. However, in the cases of dual nationality, the complication issues arise between states in order to decide the admissibility of right to offer diplomatic protection to dual nationality. This essay will discuss whether a state must protect their nationals under the doctrine of state responsibility in particular, in the cases of dual nationality and very close links with another state and it will argue that a state should offer diplomatic protection to its nationals based on a various of facts itself. The concept of state responsibility and diplomatic protection of nationals The state has a responsibility for its wrongful acts and violation of international law. The state responsibility is a wide spectrum of issues