International Human Rights Laws - North Korea.
INTRODUCTION In the eyes of many, North Korea has various human rights problems. The largest issue that the North Korean people face is the shortage of food. Many North Koreans starve each year due to this shortage. This issue causes many people to flee to other countries in search of food or better living conditions. This is the second human rights problem area in North Korea: the problem of refugees and human trafficking. Finally, and inextricably related to the first two problems, are the prison camps in North Korea. Initially, this paper will address the relevant international human rights laws. Next, the social and political background of North Korea, including the government regime and political leader, General Secretary Kim Jong Il will be discussed. The most relevant North Korean laws will be evaluated throughout the paper where most relevant, rather than in one section, to show for what reasons citizens may be imprisoned and the punishment they face for fleeing, or even attempting to flee, North Korea. Next, the problems of food shortages, refugees and human trafficking will be discussed. A detailed description of the prison camps and inhumane treatment and torture of the prisoners will follow. These camps and the plight of North Korean citizens is, to a certain extent, an issue of worldwide concern. Finally, possible remedies that North Korea itself
Universal conceptions of human rights should supersede culturally relative conceptions. Discuss. Assess the effectiveness of the international community with reference to the cultural practice of female genital mutilation.
Topic: Universal conceptions of human rights should supersede culturally relative conceptions. Discuss. Assess the effectiveness of the international community with reference to the cultural practice of female genital mutilation. ABSTRACT The atrocities committed against individuals in events such as slavery, the two World Wars, the Holocaust, and apartheid in South Africa caused the issue of human rights to become a major concern to all nations across the globe, particularly the western nations. The issue of human rights, however, has its roots in natural law theories of the 17th and 18th centuries and was more firmly established contemporarily in the Universal Declaration of Human Rights and other covenants, conventions and declarations that were derived from it. At the core of this issue, is the controversy as to whether human rights are universal or culturally relative. Another area of disputation is the efficiency of the international community in the face of cultural practices that serve to discriminate against individuals, such as female genital mutilation, for example. The use of secondary data was applied in carrying out this research to address the above-mentioned issues. INTRODUCTION AND RATIONALE FOR STUDY The issue of human rights has been an issue worthy of discussion from as early as the 17th and 18th centuries where philosophers such as Thomas
Peaceful Settlement of International Disputes
Running Head: PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES Peaceful Settlement of International Disputes [Name of the writer] [Name of the institution] Peaceful Settlement of International Disputes Thi? p?p?r id?ntifi?? v?ri?u? duti?? ?f c??p?r?ti?n b?th in p?litic?l ?nd l?g?l ??ttl?m?nt ?tr?t?gi??. ? g?n?r?l, cu?t?m?ry l?w-b???d duty ?f c??p?r?ti?n with ? vi?w t? ??ttl?m?nt, c?mpri?ing ? duty t? n?g?ti?t?, i? inh?r?nt in th? ?blig?ti?n t? ??ttl? di?put?? p??c?fully. ?n th? ?th?r h?nd, ? g?n?r?l 'p?litic?l ?xh?u?ti?n d?ctrin?' d??? n?t ?xi?t. In dipl?m?tic third p?rty-b???d ??ttl?m?nt, w? find ?p?cific, i.?. pr?c?dur?l, ?blig?ti?n? ?f c??p?r?ti?n. With r?g?rd t? ?djudic?ti?n, th? ?v?luti?n ?f tr??ty l?w h?? ???n th? c??p?r?ti?n?l ?ct ?f ?ubmi??i?n giv?n ?t ?n incr???ingly ??rly ?t?g?. Th? d?ctrin? ?f n?n-fru?tr?ti?n ?f ?djudic?ti?n functi?n? ?? ? c?r?ll?ry t? th? duti?? ?f c??p?r?ti?n. In int?rn?ti?n?l crimin?l ju?tic?, m?nif?ld duti?? ?f c??p?r?ti?n ?r? binding ?rg? ?mn?? p?rt??. Th? c??p?r?ti?n?l duti?? ?r? pl?c?d in th? c?nt?xt ?f tw? ?nt?g?ni?tic tr?nd? in di?put? ??ttl?m?nt. ?n? i? th? ri?? ?f ?djudic?ti?n which i? f?und, f?r in?t?nc?, in th? cr??ti?n ?f n?w c?urt?. ?n th? ?th?r h?nd, n?w ?nd v?ri?d p?litic?l m??n? ?r? r???rt?d t?, ?nd ju?tifi?d by n?v?l ?rgum?nt?, ?uch ?? ?lt?rn?tiv? di?put? r???luti?n (?DR). Th? int?rn?ti?n?l l?w ?f di?put? ??ttl?m?nt m?y b?
A Harsh Truth: Prisons, Women and Political Prisoners.
A Harsh Truth: Prisons, Women and Political Prisoners Molly Spector Law Seminar Prof Walsh Introduction I live in a safe world, a just world, a good world. That is what I have believed until recently. That is what I still desperately want to believe. The truth is harsh and cruel; it offers no solace, and destroys my faith in my country and the people governing it. The United States with its flags, its pride, its democracy, hides a great deal behind its stars and stripes. The US imprisons those who are not of the right skin color, class or political belief. Punishment is political. But, the imprisonment of individuals based upon their political ideologies, beliefs, and willingness to challenge the oppressive hegemony of the US deserve a separate distinction. It is the US' official stance that it does not have political crime or political prisoners. The US has a great deal of stake in denying certain individuals this right. For the voices of those who claim political prisoner status dare to oppose the almighty power of the US, who has knowingly raped, pillaged, and destroyed people, nations, and all that happens to get in its path. These people oppose the US' imperialistic policies and the degradation and mistreatment of minorities; they defend basic human rights, and the US will not stand for this. They wish these people to be forgotten, and all too often they are. It
Causation and Remoteness.
Causation and Remoteness Even in torts that are actionable per se, the claimant must prove that the tort caused the loss of which he complains if he wants to obtain substantial rather than nominal damages. Causation is concerned with the physical connection between the defendant's negligence and the claimant's damage. No matter how gross the defendant's negligence, he will not be liable if, as a question of fact, the conduct was not the cause of damage. The 'but for' test serves to exclude from consideration factors which have made no difference to the final outcome of events. Sometimes the conduct satisfies the 'but for' test, yet it is merely one of a number of events that could be rightly regarded as causing harm. Clearly, the facts must have a bearing on the decision (factual causation), but in the final analysis the court has to make a choice as to which events are to be regarded as having sufficient causative potency. This is not a scientific enquiry but a process of attributing responsibility, and this involves value judgments and policy decisions. It may be wrong however, to hold one responsible for all consequences of negligence. Sometimes, the outcome is freak or unusual and as such, it may not entirely be fair to put blame and accountability solely on the tortfeasor. Hence, the remoteness of damage that is the degree to which consequence of negligence and the
An Introduction to the Law of Intellectual Property
THE INSTITUTE OF ACCOUNTANCY ARUSHA DEPARTMENT OF BUSINESS MANAGEMENT STUDIES BUSINESS LAW G.MALI "An Introduction to the Law of Intellectual Property" INTELLECTUAL PROPERTY Introduction The purpose of business law is to regulate the conduct of business in a given society. In so doing it protects both social and economic interests of the people at the same time promote competition among businessmen. Free competition if not regulated can abrogate the general nature and purpose of law in the society. In this context some interests such as intellectual property rights need to be protected for the benefits of the inventor. Intellectual Property or IP What is intellectual property? It is the property springing from human intellect, intellect being an ability to think in a logical way and understand things. Intellectual property therefore can be an idea, design, formula resulting from human intellect and the law prevents others from using it without his authority. The law of Intellectual property allows people to own their creativity and innovation in the same way that they can own physical property. The owner of IP can control and be rewarded for its use, and this encourages further innovation and creativity to the benefit of us all. In some cases IP gives rise to protection for ideas but in other areas there will have to be more elabouration of an idea before
Produce a report that looks at the functions of each court, with emphasis on distinctions - Compare the different courts and their functions, the appeal routes available - Summarise the training and appointment of the judiciary making proposals for reform
Produce a report that looks at the functions of each court, with emphasis on distinctions. Compare the different courts and their functions, the appeal routes available. Summarise the training and appointment of the judiciary making proposals for reform. Introduction The aim of this report is to provide an understanding of the court structure with in the English legal systems' with reference to their jurisdiction in the law. It also explains the role of tribunals in the court structure, describes the appeal routes, as well as looking at the judiciary, who have the role of presiding on cases brought before the courts and administering justice accordingly. It also looks in detail at the proceedings of the Crown and Magistrates' Courts. The report also looks at areas which may need reform and makes proposals for such reforms. The Legal Process There are two main distinct areas within the English court structure, and its arrangement is set accordingly. The court structure can seen to have a civil process and a criminal process with various courts assigned to deal with either criminal matters or civil matters. The report will begin be examining first, the court involved in the civil process and then the courts involved in the criminal process. Civil law deals with disputes between individuals and the purpose of civil law is to remedy a wrong that has been suffered. In civil
This has become clear from several decisions which the Bundeskartellamt has already made
GERMANY (July 2000 - June 2001) Table of contents Executive Summary . Legislation 2. Agreements / abusive practices by dominant firms 3. Merger control . Changes to competition laws and policies, proposed or adopted . Summary of new legal provisions of competition law and related legislation 2. Other relevant measures, including new guidelines 2. Enforcement of competition laws and policies . Action against anticompetitive practices, including agreements and abuses of dominant positions a) Summary of activities of competition authorities and courts b) Description of significant cases, including those with international implications aa) Agreements, action in the form of administrative fine proceedings against cartels bb) Exemptions from the general ban on cartels cc) Control of abusive practices by dominant firms / Supervision of price abuses by monopolists (utilities) dd) Activities of the courts 2. Mergers and acquisitions a) Statistics on number, size and type of mergers notified and/or controlled under competition laws b) Summary of significant cases aa) Prohibition or prevention of mergers bb) Clearances subject to conditions and obligations cc) Clearances dd) Withdrawal of application 3. The role of competition authorities in the formulation and implementation of other policies, e.g. regulatory reform, trade and industrial policies 4.
human rights
THE HUMAN RIGHTS ACT 1998: AN OVERVIEW The preamble to the Human Rights Act 1998 (HRA) describes it as 'an Act to give greater effect to rights and freedoms guaranteed under the European Convention on Human Rights' (the Convention). To understand the HRA you need to now something about the history of the Convention. THE EUROPEAN CONVENTION ON HUMAN RIGHTS The Convention was drafted after the Second World War. British lawyers and civil servants were heavily involved in its drafting. The United Kingdom (UK) signed up to the Convention in 1953 and was one of the first countries to do so. In all, 45 countries have now signed up to the Convention including most of the east European, former communist countries and several countries that were once part of the Soviet Union. The countries that have signed up to the Convention make up the Council of Europe. The Council of Europe is quite separate from the European Union. The Convention is divided into 'articles'. Articles 2 to 14 set out the rights that are protected by the Convention. Over the years the Convention has been supplemented by a number of protocols that have been agreed by the Council of Europe. Some of the protocols just deal with procedural issues but some guarantee rights in addition to those included in the Convention. The UK has signed up to two of the protocols that guarantee additional rights (the First
Legal education in India. Legal education and quality of law graduates have great impact on the quality of judiciary bar and bench. Legal education is also substantively relevant for other spheres of national life related to law-making and law-enforc
"Legal education is essentially a multi-disciplined, multi-purpose education which can develop the human resources and idealism needed to strengthen the legal system. A lawyer, a product of such education would be able to contribute to national development and social change in a much more constructive manner."-- S.P.Sathe 1 INTRODUCTION 'Law is the cement of society and an essential medium of change'. Knowledge of law increases one's understanding of public affairs. Its study promotes accuracy of the expression, facility in arguments and skill in interpreting the written words, as well as some understanding of social values. It is pivotal duty of everyone to know the law. Ignorance of law is not innocence and it cannot be excused. Thus, legal education is imperative not only to produce good lawyers but also to create cultured law abiding citizens, who are inculcated with concepts of human values and human rights. That is why Roscoe Pound described a member of legal profession as one pursuing 'a learned art' as a special calling, demanding high quality of study and research and a commitment to the cause of justice.2 The study of law must, therefore, be of that quality and standard as would justify Roscoe Pound's description of a professional. MEANING AND IMPORTANCE OF LEGAL EDUCATION According to Babylon's Dictionary, "Legal education is the education of individuals who
