"Try this for size" Caged father urges Howard" Rebecca Digirolamo Sydney Morning Herald June 22 2003 The article raises the controversial issue regarding the indefinite imprisonment of an Australian, David Hicks, at an American military base in Guantanamo Bay Cuba.. The article discusses Mr Hicks' capture whilst fighting alongside the Taliban in Afghanistan in 2000, in the war proclaimed by America as a war on terror principally aimed at decapitating the Al –Qaeda network, led by Osama Bin laden. Bin Laden is the alledged mastermind of the September 11 bombings on the World Trade Centre. The article depicts Terry Hick's adamant protest against the unlawful and illegal detention of his son. In an attempt to attract attention and seek broad support he staged a replica of the cage that is imprisoning his son in Cuba outside the Liberal Party's recent national convention. Legally this issue is concerned with international law, namely treaties which govern human rights globally. The United Nations Commission on Human Rights (UNCHR) is the world's largest and most influential forum for the discussion, protection, and promotion of human rights and is significant in that in surrounding the controversial debate as to the legality of the United States' actions in holding the captured prisoners from the War on Terror but not providing them with the rights of POWs outlined in the Geneva Convention. The United States has symbolically by- passed this convention by refusing to define these captives as POWs, thus avoiding its obligation to this internationally recognised convention. According to the Geneva Conventions, a POW is defined as any "soldier", member of a party to an international conflict, or member of a militia or volunteer corps combatants captured on the battlefields of official wars". The basic privileges of the aforementioned captives are protected. The United States has repeatedly stated that these captives...
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the role of the international law in relation to the environmental protection by exploring the existing laws related to the problem of global warming, objectives of such laws, critically evaluating their implementation, applicability and succession.Arts
Table of context TABLE OF CONTEXT 1 INTRODUCTION 2 HISTORY 2 FRAMEWORK CONVENTION ON CLIMATE CHANGE 2 THE KYOTO PROTOCOL'S SEEDS 3 KYOTO PROTOCOL 5 COMMITMENTS TO THE PROTOCOL 5 POLICIES AND MEASURES 6 'BUBBLING' AND THE EU REDISTRIBUTION OF EMISSION COMMITMENTS 6 THE FLEXIBILITY MECHANISM 6 Emissions Trading 7 Joint Implementation (JI) within Annex I 7 Clean Development Mechanism (CDM) 8 INTERNATIONAL PROSPECTIVE 8 US 8 EUROPEAN UNION 9 AUSTRALIA 9 CANADA 10 ENVIRONMENTAL AND ECONOMIC IMPLICATIONS OF THE KYOTO COMMITMENTS 10 ENVIRONMENTAL IMPLICATIONS 10 ECONOMIC COSTS OF THE KYOTO COMMITMENTS 11 PROSPECTS FOR KYOTO 11 CONCLUSION 12 Appendix 13 BIBLIOGRAPHY 15 KYOTO PROTOCOL 1997 – HTTP://WWW.UNFCCC.COM 15 Introduction Global warming is one of the biggest environmental challenges now facing the world. And although the adverse effect of global warming have been known to scientists for over a century , it became a matter of international environmental concern rather later then other concerns over the climate change such as the problem of ozone layer depletion and air pollution. The concern over the greenhouse effect is that various gases generated by nature and man's activity are trapping an increasing amount of the sun's heat in the lower atmosphere, stopping it form escaping back to space, with the consequence of meteorological instability, rise in temperature and sea levels at a rate with which mankind may not be able to cope. A 1-3% increase in temperature over the next hundred years would have potential dramatic effect on, inter alia, industrial, economic, and agricultural sectors of society . But the most vulnerable to such a change will be the developing countries, peoples of which are directly reliant on the environment for the basic needs. It is the purpose of this essay to explore the role of the international law in relation to the environmental protection by exploring the existing laws related to the problem of global warming, objectives of such laws, critically evaluating their implementation, applicability and succession. History Since the First World Climate Conference...
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Certainty at last! So many nights my body has begged for sleep but my mind has not been indulgent. The hours I have daydreamed away pondering infinite possibilities. But now finally, I know exactly what I want to do. I want to study law and practice in the field of international law. The strangest part is, I have been following this path all along. I studied languages, traveled exhaustively and interested myself in all legal issues. Everyone I know has suggested law school at least once. "You would be such a great lawyer", is a phrase that I often heard all too often. Yet, I never wanted to make such a commitment without really being sure. When I was hired by the French government to teach English I knew it was a wonderful opportunity, but not a career. It is for that very reason that I reluctantly declined their request to return for a second year. Upon returning to the United States I tried my hand in everything from restaurant management to coaching tennis, but nothing seemed to fit. So, I would stay up at night wondering why I could not decide what I wanted to be when I grew up. I imagined myself in thousands of different careers yet; I could make up my mind with any degree of certainty. My family would tell me "You can accomplish anything you set your mind to". Yet, somehow that cliché is rather discouraging whey you cannot find anything to set your mind to. Then all of a sudden I knew. No, I did not want to go to law school just because everyone said that I should. I wanted to start a career in an area that encompassed all of my interests and fortes. For so long I searched for a career that incorporated my...
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International law seeks to govern the interactions between nations or states, as they are known in the international sphere. International armed conflict exists when there are official military or paramilitary forces performing acts of war in apparent furtherance of their government's policy . The government or the government of any country against which the acts are being perpetrated must also acknowledge that armed conflict is taking place. The complexity of conflicts either helps or hinders the UN's efforts to employ their laws with treaties. Therefore, depending on the circumstances the effectiveness of international law can be jeopardised. For international law to be successful, the UN must evaluate a country's situation before deciding the best action to take in helping to restore peace. On April 6, 1994, civil war broke out in Rwanda. The UN decided against entering the country to try and restore peace, instead, as the killing intensified, the international community deserted Rwanda. Western nations landed troops in Rwanda in the first week to evacuate their citizens, did so, and left. A UN mission was then created to keep the peace and assist the governmental transition in Rwanda, to intervene between the killers and civilians. It also tried to mediate between the RPF and the Rwandan army after the RPF struck from Rwanda to protect Tutsi and rescue their battalion encamped in Kigali as part of the Accord. On April 21, 1994, the United Nations Security Council, at the behest of the United States—which had no troops in Rwanda—Belgium, and others, voted to withdraw all but a remnant of UNAMIR. The Security Council took this vote and others concerning Rwanda even as the representative of the genocidal regime sat amongst them as a non-permanent member. After human rights, media, and diplomatic reports of the carnage mounted, the UN met and...
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The "war" is presumably most spoken word in mass media, different conferences and ordinary families today. It is understandable, since US declared war on Iraq about two weeks ago. So what we are witnessing now is the first war against a sovereign state in twenty first century. The leader of the USA, George Bush, justifies the war in terms of weapon of mass destruction that Iraq possesses, which was not actually proved. Then what are the real causes of this war? Perhaps it is oil or personal ambition of Bush who wants to finish what his father could not finish during Iraqi invasion of Kuwait. Unfortunately, we can only assume, because there is no evidence for that. Clear is the fact that nothing could stop the US from going to war. The UN was strongly against war, but what could it do? "Nothing" you would say and would not be wrong. The attempts of Germany, France and Russia to prevent the US from resorting to force led to no results. So do states go to war simply because there is nothing to stop them? What about international law and the concept of sovereignty then? In this research paper I will try to answer the question "do state go to war simply because there is nothing to stop them?" I will try to prove that states go to war because there is no serious hindrance in their ways. I will base my arguments on realist theory of international relations. It is necessary to base this paper on one of the two paradigms of international relations- realism, since it is this paradigm that emphasizes power politics. There are three main assumptions of realism, according to Goldstein: "1) states are the most important actors (the state- centric assumption); 2) they act as a rational individuals...
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INTRODUCTION: Recognition of gender equality into a principle that is part of CIL will have widespread impact, since all states will be internationally accountable for any discriminatory practices concerning gender. However although treaties, most notably CEDAW, tribunals, special rapporteur reports and judicial decisions suggest that gender equality has matured into a CIN, this norm has unfortunately not reached the status of CIL. Barriers such as cultural and religious practices, CEDAW inefficiencies and the amount of reservations which defeat the purpose of the CEDAW convention, suggest that there is no generality of state practise. The standards for ascertaining whether the gender equality principle has matured into CIL are the existence of Opinio Juris (what states are obliged to do) and state practice. Where there is a lack of state practice the maturation of the gender equality principle into CIL will be undermined. CUSTOMARY INTERNATIONAL NORM: Opinio Juris in this instance is the belief that the practice of the gender equality principle "is obligatory, rather than merely convenient or habitual" (p.32) and thus is an essential component of customary international law. Opinio Juris can also be inferred from repeated state practice. CEDAW, was the first convention to enumerate a broad range of specific rights. The CEDAW convention requests all party states to end all forms of discrimination against women in public life with regard to health and education, as well as equality before the law in marriage and family life. The purpose of CEDAW is to grant women the ability to exercise rights which are protected by human rights law. Furthermore, CEDAW has the membership of 165 party states. A large amount of ratification may suggest that gender equality has been given the recognition to become a CIL since the vast majority of states recognize the need for gender equality. International human rights treaty bodies also...
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Desmond Aster, the proprietor of Sleet and Trumpet Real Estate wants to use Sydney Harbour Hotel’s conference centre for a series of seminars he is running for his staff. Valerie Ewer, an employee of Sleet and Trumpet contacts Sydney Harbour Hotel and makes a phone booking for a conference room at $500 for the 1st October 2002. The hotel manager makes the booking and adds he will be sending a booking slip to the estate agency which must be signed and returned with $200 as a holding deposit. The slip is never signed but a delayed payment of $200 is eventually made (before 1st October 2002). At 5.00 am on the 1st October 2002, an electrical fault causes a fire. The conference room is damaged and cannot be used. Desmond arrives at 10.00 am and is informed of the fire, he threatens to sue and Sydney Harbour Hotel requests that Desmond pay the remaining $300 they say is due under contract. An offer was made by Sydney Harbour Hotel for a conference room at $500 for the 1st October 2002 at 10.00 am to Sleet Trumpet Real Estate. Acceptance and agreement of the terms was made by Sleet and Trumpet Real Estate when Desmond sent the $200 to Sydney Harbour Hotel. So we must ask ourselves, is Desmond liable for the remaining $300 owed to Sydney Harbour Hotel? And is Sydney Harbour Hotel liable for refunding Desmond’s initial payment of $200? If after the formation of the contract an unforeseen event occurs which affects the performance of the contract, “the contract is automatically terminated if the effect on performance is substantial, provided neither party was at fault”. By frustration, parties are discharged from the obligation to perform, “or to be ready and willing to perform, their contractual duties”. The Frustrated Contracts Act 1979 (NSW) s7 states “that a promise...
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The Ruritania case unveils the making of, not one, but a few very important laws which are linked by one common thread: same sex couples within an ever-changing society. The first premise is that since each decision in law (custom, jurisprudence and edict) affects the next law, timing is the key to dissecting whether or not there were failures to make the law. Additionally, legal acceptance of same-sex couples is a very volatile topic, which has brought about a plethora of public opinion and endured many changes. Examining this case in a chronological manner will help yield the most accurate interpretation of the laws at hand. The modus operendi used in analysis has led to the conclusion that there may have been a failure to make law. However, this is embedded within a framework where many laws adhered to the principles and rules of law making. It is important to briefly outline what was done correctly in order to have a basis of comparison to decide what may have been done wrong. The 1982 constitutional legislation including the guarantee of equality rights touches on matters of discrimination, which according to Joseph Raz should be institutionalized by general rules. This eliminates flexibility of the law and serves as a durable base, which limits the unpredictability of particular orders. This also ensures stability in the law because general laws reduce the impact of ever changing mores within society. The equality guarantee in Ruritania is very clear and does, in fact, cater towards the same sex component of this case. It states a few specific categories by which discrimination is most commonly and frequently observed. However, it is understood that the law is not solely restricted to these particular orders because of the stable and general statement preceding these specific examples. To quote “Every...
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1. In today's society, business and cultural environment are playing a significant change in the life of many people. More and more businesses are beginning to operate both domestically and internationally. The expansion of business has lead the world into a new era filled with creative technology, making life easier. With the effects of international pressures, businesses sometimes need to adapt to or try to influence culture. Culture is what people value and believe. Trying to change a person's perspective about one's culture is not easy. Yet, cultural environment is changing slowly, as people are more concern with what is going on economically, politically, financially, and social and legally. Due to these changes, international factors are becoming more important. Along with that comes for accounting change. Many businesses have to conduct a lot of surveys and advertisements to see what consumers are looking for. Global business has created many jobs, competition, technology, and much more. With these differences in mind every business might have its own accounting system. This is because of cultural, economic, political, and legal system differences. Laws that are convenient and easy to understand in the US might have no meaning at all to another country. Usages of vocabulary can have a great effect in business depending on what the word means. Developing countries might have a much simpler accounting system than those of the developed countries. Every country has its own style of living and working conditions. If one accounting system were use to satisfy everyone country it would be confusing and worthless to certain countries because of differences in things like taxes, sizes of business, compensation plan, or rules and laws. Since the world has a different perspective of how the world should be manage decisions are made very differently. So, it is important for...
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"Gulf War"; also called Gulf War (1990-91), international conflict that was triggered by Iraq's invasion of Kuwait on Aug. 2, 1990. Iraq's leader, Saddam Hussein, ordered the invasion and occupation of Kuwait with the apparent aim of acquiring that nation's large oil reserves. On August 3 the United Nations Security Council called for Iraq to withdraw from Kuwait, and on August 6 the council imposed a worldwide ban on trade with Iraq. Iraq's invasion and the potential threat it then posed to Saudi Arabia prompted the United States and its western European NATO allies to rush troops to Saudi Arabia to deter a possible attack. Egypt and several other Arab nations joined the anti-Iraq coalition and contributed forces to the military buildup, known as Operation Desert Shield. Hussein meanwhile built up his occupying army in Kuwait to about 300,000 troops. On November 29 the UN Security Council authorized the use of force against Iraq unless it withdrew from Kuwait by Jan. 15, 1991. By January 1991 the Allied coalition against Hussein had reached a strength of 700,000 troops, including 540,000 U.S. personnel and smaller numbers of British, French, Egyptians, Saudis, Syrians, and several other national contingents. Hussein steadfastly refused to withdraw his forces from Kuwait, however, which he maintained would remain a province of Iraq (the latter had formally annexed Kuwait on Aug. 8, 1990). The Persian Gulf War began on Jan. 16-17, 1991, with a massive U.S.-led air offensive against Iraq that continued throughout the war. Over the next few weeks, this sustained aerial bombardment, which had been named Operation Desert Storm, destroyed Iraq's air defenses before attacking its communications networks, government buildings, weapons plants, oil refineries, and bridges and roads. By mid-February the Allies had shifted their air attacks to Iraq's forward ground forces in Kuwait and southern Iraq, destroying...
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