Even though the USA hasn’t ratified the Convention, it has been rather active within the Committee on the Rights of the Child and submitted two reports. Unfortunately, Committee in its concluding observations does not give any recommendations to America in relation to the right to know parents, mainly focusing on the war issues. The right to know parents can be applicable to US cases if we regard it as a directly applicable clause. This norm can also be applicable if it is a part of customary international law. In Beharry v. Reno the court ruled that although the United States has not ratified the Convention on the Rights of the Child, “its ratification by every other organized government in the world demonstrated clearly that its prohibitions constitute customary international law”.
Jack Levy claimed that “This absence of war between democracies comes as close as anything we have to an empirical law in international relations” (Levy, 1988, pg 662). This suggests that in the world of International Relations that it is very much accepted that true liberal democracies will not go to war with each other; even if they find themselves in conflict with one another, there will be no use of military force. Whilst there are many reasons behind the lack of military conflict, none have been so rigorously tested to prove causality. For example, it is incredibly unlikely for United States of America to ever be at war with the United Kingdom. This is partly because the liberal system and ideology on which they were and still are founded and developed forces a kind of interdependence which would make war a counterintuitive action for both sides.
We already know that corporations have access to our information, but what is it actually used for? Our information is being stored, but not put into use, “In Kafka novel The Castle, the authorities can’t find the document that would determine whether the person who’s been brought in is wanted or not. “They have piles and piles and piles of documents, but they don’t do anything with them,” says Corngold, a Kafka translator and scholar.”(Greenblatt, 2013). The government uses the excuse that if they collect our data, it is for the safety of everyone, but all our information just is stored in a computer somewhere. Not only that, but wherever we go, they are collecting data from us, “With the advent of smartphones and widespread surveillance cameras, no conversation or movement in the public sphere can be considered private.”(Greenblatt, 2013).
The United Nations Mercenary Convention has prohibited the hiring of mercenaries which has been described to be a part of the Private Military Industry. 3. The services and expertise offered by PMCs are typically similar to those of security provided by the government such as the military or police forces, but most often on a smaller
The Council decides the operation's size, its overall objectives and its time frame. As the UN has no military or civilian police force of its own, Member States decide whether to participate in a mission and, if so, what personnel and equipment they are willing to offer. Under the present structure, this can take considerable time for the actual forces to be authorized and reach their destination. In some cases, peacekeepers have been sent to places where there was no peace to keep. In Sierra Leone while monitoring a peace agreement, contempt rather than cooperation was experienced by UN soldiers who were abducted; some
The laws pertaining to Sedition prove to be going against the spirit of a free democracy; the one our forefathers dreamt of. Ever since the inception of our constitution, governments have always in one way or the other curtailed citizen’s rights. Although, there is still hope, as the Supreme Court of our Country has recognised some of the fundaments rights as the basic natural rights inherent in the status of a citizen. Although, our constitution does confer powers on the state to impose restrictions on the freedom guaranteed under Art.19. However, the constitution does not define “reasonable restrictions” as no standard or general pattern can be derived to be followed for all cases and
So the ‘R2P’ takes place in a non- international armed conflict, when the state does fails to fulfil its sovereign obligation given under the Article.2(7) of the UN Charter . It has an immense duty to protect its people from the above state crimes but even if the state fails to do so, the international community can step into the state under the label of ‘Responsibility to Protect’ and can help the state and protect the people from crimes like genocide, ethnic cleansing, war crimes and crimes against humanity. But R2P only restricts its power to intervene only when these crimes occurs. For example; on 21.10.2011, resolution 2014 condemned, Yemeni authorities for their human rights violations and this resolution led their political process to take a transition of power, and it includes holding of early Presidential
Freedom of speech and freedom to protest are closely related - Free speech would not exist if we are not allowed to express our feeling in public spaces. Both negative freedom can be found in Articles 10 and 11 of the Human Rights Act, which means they are both necessary and fundamental right since we have born. These rights can be limited by law to protect others’ interests, only when the limitation is appropriate in a democratic society. For example, no one is legal to spread hateful lies or messages of terrorist. Also, no one is allowed to join violent gatherings.
International law is important to uphold the standards of the world as a whole and peacefully settle disputes among the nations this world, but has failed to enforce any real changes in major areas, such as refugees and asylum seekers. United Nations High Commissioner for Refugees, Filippo Grandi, has stated, “The Australian government’s decision to deny [asylum seekers ability to enter Australia] is contrary to the fundamental principles of family unity and refugee protection, and to common decency.” In the law, both national and international, there are structures, agreements, treaties and declarations to ensure the safety and effectiveness of human rights to all international citizens. However, as not all international laws and treaties can be enforced, issues have arisen regarding the treatment of refugees and asylum seekers within Australia’s borders. The United Nations (UN) is an international organisation, established on the 24th October 1945, that focuses primarily on world peace and the prevention of another world war. Composed of multiple sections, the UN has 193 member-nations that contribute to the various councils, known as organs, and resources of the UN.
The Arbitration and Conciliation (Amendment) Bill, 2003, appears to have partially remedied this flaw, but the Bill has not yet been taken up for consideration and passed by the Parliament. (v) The government should disseminate knowledge of the benefits of alternate dispute resolution mechanisms to foster growth of an international arbitration culture amongst lawyers, judges and national courts. The real problem in enforcing foreign awards around the globe despite the enabling provision of the New York Convention, 1958, is not a legal one; but it is a lack of awareness particularly, amongst lawyers and judges, of the benefits of international arbitration and of its true consensual nature. (vi) Questions relating to lack of impartiality of arbitrators and procedural defects in the conduct of arbitration proceedings are the subject-matter of frequent litigation and hence add to the caseload before an already overburdened judiciary. In fact, judicial interventions with arbitral proceedings and awards in India have come to constitute a distinct branch of law, i.e.