Essay On Extraterritorial Jurisdiction

Jonathan Wolff’s article primary addresses the unfair treatment of social and economic rights, emphasizing on the current global health crisis in particular; it disputes human rights not equally prioritized. He then poses a challenging but essential question: “How can there be a human right to health if the resources are just not there to satisfy it?” He obviously takes to heart the necessity of good health care as a natural right for humans and he believes it should be legally our right to have a good health system. His believe can draw once mind to reevaluate Franklin Roosevelt's 1941 speech in which he alleged that the “four freedoms”—freedom of speech and worship, and freedom from fear and want—are basic human rights. Wolff construes, the right to health is a human right as reported by the Declaration of Human Rights. The article suggests the idea of a

Do you want all people around the world to have human rights and are you willing to help them? Well in the story Night is based on a true tragic event known as the Holocaust that took place during World War II. Many people are not aware of this event, some of which are not up to date on this information. Therefore, this essay will inform you, about the Holocaust and what happened during this up setting moment in history. In the story Night the main protagonist is Eli Wiesel and throughout the story he goes through degrading treatment, which will affect him in the long run. In this story the U.D.H.R was violated, (Universal Declaration of Human Rights) in this declaration, there embeds a list of human rights in which are

Article 2(4) of the United Nations Charter states that, "all member states shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, nor in any manner inconsistent with the purposes of the United Nations” . It is therefore a unilateral agreement signed by member states against the use of force when dealing each other. World events however since the signing and ratification of the UN Charter have indicated that states who are signatories to the charter continue to use force against each other for various reasons. Some 25 years after the writing and ratification of the charter one cannot doubt that states have used force and sought to justify it through individual or collective self-defence claims, as well as humanitarian claims in furtherance of national agendas and to increase territory. This no doubt may have been what frustrated Franck into the stance that Article 2(4) was in its grave.

Cosmopolitan=we can define cosmopolitan as someone who is culturally and globally diverse.They are most likely well-traveled and may speak a few different languages.They have a world view that involves peace and equality between all genders, race, and religion.“Cosmopolitans tend to want to immerse themselves in other cultures…” GR pg. 489 and, ”The perspective of the cosmopolitan must entail relationships to a plurality of cultures understood as distinctive entities.”(GR 487)Cosmopolitans hold the view that we should help each other and look out for each other.They believe in equality and human rights.They are well traveled and “worldly”.Cosmopolitans may feel a skepticism regarding globalization, as it often causes people and communities

Physician-Assisted Suicide (PAS) is one of the most controversial, ethical issues in our society today. Physician Assisted Suicide is the voluntary termination of one’s own life by administration of a lethal substance with the direct or indirect help of a physician. Physician Assisted Suicide has its proponents and opponents. Among the opponents are physicians who believe it violates the fundamental principles of medicine. They believe doctors should not aid in suicides because to do so is incompatible with the doctor’s role as a healer. Proponents of assisted suicide agree that patients faced with an inevitable death deserve the right to end their lives on their own term, free of pain and suffering. The two arguments for and

According to Jean Bodin, sovereignty is the complete power of a state to govern itself. King Louis XIV strived to bring sovereignty to his land by attempting to consolidate his power. Louis XIV’s Advice to His Son, Historical Memoirs of the Duc De Saint- Simon, and The Duke of Saint- Simon on the Reign of Louis XIV all detail King Louis XIV’s efforts to become a sovereign leader through control over the government and exerting his power on his subjects in order to limit and assess potential threats to his power.

Even though “sovereignty” may be a concept that has originated in ancient times, it is still very

The promotion of human rights in the period between the end of World War I and the end of War World II grew by leaps and bounds. The brutal treatment of man against man created such a robust uprising by civilized society.

How far does this majoritarian rule extend? It has been argued that when men enter into political society, the chief end is to protect their individual property rights; the things which they have appropriated from the commons. As Locke states, since every man has a property in his own person, whatsoever he removes out of the state that nature hath provided and left it in, he hath mixed his labor with, and joined to it something that is his own, and thereby makes it his property. Moreover, once having entered into political society, the property which every man had obtained in the state of nature ought to be protected by positive law. Locke himself states that the chief end of uniting into a commonwealth is for the preservation of individuals’

Since all modern states are nation states and under the umbrella of nation state, all the institutions, relevant offices, state policies and individual’s views should be on the same page or else otherwise the power, i.e. the one who’s responsibility is to maintain the state’s writ, i.e. the military would go and crush all the hurdles in order to preserve the state’s ideological as well as the geographical territory. The international law recognizes that the state can utilize its resources for the sake of its sovereignty within the given territory. If we take an example of our country, we find that despite of having diverse ethnical and cultural backgrounds we are still a modern nation state only because of religion. But the thing is that if we really want to form a modern state then we need to keep religion separate from the state since the very idea of modern state is to keep the state

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

This typology of institution interaction is bifurcated in that two alternate principles delineate the shared competence. Within the context of the first principle the exercise of jurisdiction by a domestic court is made contingent on the absent of adjudication by an international legal entity. Such, was the case, as regards the relationship between the ICTY and ICTR and the domestic criminal jurisdictions of both Rwanda and Yugoslavia. The statutes of both tribunal stipulate that the tribunals shall share, with national courts, concurrent jurisdiction to prosecute alleged perpetrators of core crimes, but the tribunals shall have primacy over the respective national courts. This concept is now widely known as the principle of primacy. Under this system both tribunals reserve the right to request from domestic courts cases deemed of having sufficient gravity to be tried by the tribunals. Drawing from this mode of interaction it suffices to conclude that the jurisdiction of the concerned domestic courts was in principle conditional on an absence of adjudication by the international

This view is far from truth in view of the developed and changed character of international law today. It is incorrect to say that international legal system is without a court to decide international disputes. The establishment of the permanent court of international justice has rightly been reckoned as a landmark for the development of international law because though in international legal system was provided with judicial organ to resolve international disputes on the basis of judicial decisions. The greatest proof of its utility and importance is the fact that its successor, the international court of justice is based on the statute of the permanent court of international justice. It is true that the decision of international court of justice is not equivalent to that the municipal courts. Nevertheless the decisions of the court posses binding force and can be enforced under certain circumstances. They are binding upon the parties to the dispute and only in respect of that dispute. The provision to this effect is contained in article 59 of the statue of the international court of justice. Besides this article 94 of the U.N charter provides that each member of the U.N undertakes to comply with the decision of the

In re Pinochetaccepts the general rule of international law to be an upholding of State sovereignty. However, it does carve out certain exceptions with respect to crimes against humanity in order to indicate that State and sovereign leaders don’t have the absolute authority to inflict harms of any type on their citizens in the name of governance .

International laws are, by definition “A body of rules established by custom or treaty and recognized by nations as binding in their relations with one another” (www.oxforddictionaries.com). International law is a very significant topic because it affects everyone globally. In this research report, I would like to explore the advantages and disadvantages of international laws and consider if they should be enforced in all countries. The modern system we use today was developed in the 17th century in Europe and is still used worldwide (Stratton, 2009). After the Second World War, international unity became very popular (Neff). On the 24th of October 1945, the United Nations officially came into existence. On that day, representatives of 50 countries met in San Francisco at a United Nations Conference on International Organization to draw up and sign the United Nations Charter (UN, History of the United Nations). The United Nations Charter is a document that states what the United Nations is. In Chapter 1, “PURPOSES AND PRINCIPLES Article 1” one of the points states that a purpose of the UN is to keep international unity and to remove anything that threatens peace (Nations, 1945). Even though at first international laws may seem to only include human rights, they are much more complex and they affect us in many different ways.