Law is a tool to regulate interactions amongst the members of a society. Oppenheim defined International law as the name for the body of customary and conventional rules which are considered binding by civilised states in their intercourse with each other. In Sir Cecil Hurst’s view, International Law is the aggregate of rules which determines the rights which one state is entitled to claim on behalf of itself, or its nationals against another state. The definition and aspects of International Law evolved over time in order to suit the changing world order and new situations. International organisations and institutions such as United Nations organisation (UNO), World Bank (WB), International Monetary Fund (IMF), World Trade Organisation (WTO)
Established in 1945 after the World War II, United Nations Security Council is the most powerful organ among the six organs in United Nations with the authorized power to issue legally binding resolutions. This council consists of 15 members, 5 Permanent Members – the United States, the United Kingdom, France, Russia and China – and 10 Non-Permanent Members voted by the UNGA for 2 years term. According to the charter, the responsibility of UNSC is to maintain international peace and security. It determines the threat to peace and act of aggressor; moreover, it investigates any disputes between the UN Member states. The United Nations Security Council also has the military force to prevent or stop the aggressor. Essentially, the council generates Peacekeeping Operation or applies a sanction to member states. In addition, the P5 of the UNSC have the veto power which allows them to veto against any resolutions within the UN. However, there have been far too many concerns over the skeptical roles of the UNSC in the 21st century. The P5 seem to use their powers mostly for pursuing their own interest. Furthermore, the actions initiated by the council are mostly inefficient in response to international issues. Therefore, this paper is designed to illustrate reasons why the UNSC should be reformed.
Systemic Racism The United Nations on December 10, 1948, created the International Declaration of Human Rights. These rights are synonymous to that of the rights listed in the United States Bill of Rights. The human rights concept is a broad spectrum in which we all take a part of and enjoy, but the more obscure issue is the systemic racism implanted in our fellow citizens.
Woodrow Wilson, the 28th president of the United States, once said, “The Constitution was not made to fit us like a straight jacket. In its elasticity lies its chief greatness.” In 1787 the delegates from twelve out of thirteen sates attended the Constitutional Convention. They threw away the Articles of Confederation and wrote Constitution of the United States. Many residences were hesitant to the sudden change, but as time went along people came around to the fact that the Constitution was useful. Although the Constitution is viewed as completely binding, it does allow for changes to be made, giving it flexibility to the changing times.
1.) The legislative branch basically conceives the law while the executive I believe, is the main enforcer after the president signs whatever reform/bill into law. So, I guess I 'll go with the Executive Branch since it is home to the Department of State because its our foreign ministry.
The weakness of international law becomes evident when we compare it with municipal law. The greatest shortcoming of international law is that it is not enforceable and it lacks effective legislative machinery. International court of justice lacks compulsory jurisdiction. The sanctions and the enforcement machinery of the international law are so weak. International law cannot be invoked to settle a dispute which is essentially a domestic matter of that state.
President Woodrow Wilson established America’s goal for joining World War I as “making the world safe for democracy.” At the conclusion of the War, President Wilson declared fourteen principles for peace to be used during the Paris Peace Conference, called the Fourteen Points. The most important of these points was the final point: a general association of nations with the guarantees of political and territorial independence and security. As the Peace Conference progressed, more nations ratified the Treaty of Versailles and joined the League of Nations, the embodiment of President Wilson’s fourteenth point. However, Senate the United States, from President Wilson’s own country, did not ratify the treaty.
.5 MAASTRICHT TREATY The Maastricht Treaty, marked in 1992 and authoritatively known as the Treaty on European Union (TEU), presented a few imperative increments and alterations to the Treaty of Rome and flagged a progress in European combination rose to just by the 1986 Single European Act. Its focal elements were the consolidation of EMU into the Treaty of Rome and the foundation of the European Union by the expansion of two new fields of approach co-operation: the Common Foreign and Security Policy (CFSP) and Justice and Home Affairs (JHA). These new zones were figured as intergovernmental commitments, instead of obligations of the Community 's supranational affiliations, a game-plan which was to a confined degree balanced in this way in the 1997 Treaty of Amsterdam, where the Community was given to a more prominent degree a section in giving methodology rules and certain parts of JHA were traded to go under the expertise of the Commission and the Court of Justice.
With the security council as its quasi-leader, the UN is able to generate and pass out resolutions when international matters need to be addressed. Though, like every IGO, the UN is non binding, IGOs like the UN survive based off the four principles aforementioned in the second paragraph. The UN has been successful in resolving several conflicts, which is an idea that stays parallel with neoliberal theory. Through varying peace enforcement measures, the UN has managed to resolve conflicts such as the Iraqi invasion of Kuwait, reach and establish peace in Cote d’ivoire, and resolve ethnic conflict in Kosovo. Though these initiatives required the use of force, they helped reduce war and genocide, and returned the world to the status
Introduction In this article, Eric Poser has elaborated several reasons which made human rights a failure in international legal regime. The most highlighted issues are hypocrite policies of US and EU which has directly questioned credibility and integrity of their law and justice. The second reason is role played by Russia and China, the two major economic powers who in order to sustain their power, are involved in human rights violations. The third most important reason is standardized model of Universal Declaration of Human Rights which is ideal but not practical in various countries.
Introduction Civil Justice System The civil justice system exists in order to enable individuals, businesses, and local and central government to vindicate, and where necessary, enforce their civil legal rights and obligations, whether those rights are private or public. It ensures that the rights and protection of citizens are called for. The rule of law dictates that government should not abuse their powers as per AV Dicey’s concept of the rule of law. In addition, the civil courts endorse economic activity, allowing contracts to be made between strangers because rights are taken care of in the courts if they are breached.
This evolution in Information Technology and the major innovations made in it is a major driving force behind globalization, which actually set the cart rolling. Globalization and Law This concept can rather be understood as ‘GLOBALIZATION OF LAW’. Globalization of Law includes the translocal networks of local laws as well as the complex interaction between the nation, state and its law .
There are reasons for this, first is that, internal implementation of international law is always conditioned by a rule of the state’s municipal law. Clearly stating that international law’ internal interpretation is always governed by the municipal constitution. Second is that in national courts, even a monist country, their courts may fail sometimes to execute treaties which are binding under international law. United State law is an example of non-self-executing treaty. While dualist country’s courts, unincorporated treaties are given limited effect on the internal process.
1) Government may intervene in a market in order to try and restore economic efficiency. One of the ways the government intervention can help overcome market failure is through the introduction of a price floors and price ceilings. If prices are seen to be too high, price ceiling or a maximum price could be imposed on a market in order to moderate the price of the product. This policy is often used when there are concerns that consumers cannot afford an essential product, such as groceries. The effect of a maximum price could create a shortage as it could lead to demand exceeding supply for that particular good. Price floors however are minimum prices that the government sets when the prices of products are too low and they think producers are in need of assistance. Besides that, direct provision is another method of government intervention. The main economic justification for the provision of these goods is that, they may not be produced by the market otherwise since zero monetary profit would be made from its
After World War II which ended in 1945, many nations realized that they had to prioritise the protection of human rights in order to avoid history from repeating itself (again). More than 50 nations joined forces in forming an organization called the United Nations which drafted the Universal Declaration of Human Rights in 1948. This Declaration was the point of departure for the European Convention on Human Rights and Fundamental Freedoms (hereafter the ECHR) as its drafting was followed soon after by the newly formed Council of Europe in 1950. However, it was only ratified in 1953 under the enforcement of the European Court of Human Rights (ECtHR) in Strasbourg. Contents of the ECHR consists of main rights and freedoms in the form of articles, rules of operation