Essays on International Court Of Justice

Usage of Nuclear Weapons in Legal Way Under Humanitarian Law

The legality of the usage of the nuclear weapons is the question of the fierce debate lasting for years. In fact, the usage of nuclear weapons from the political or economical concerns poses the risks to the living of the human. In this regard, the introduction of this type of weapon is deliberately controlled for the prevention of the possible harm to the life of the human on earth. In order to determine the legality of the usage of nuclear weapons, the author suggest to dwell on its notion provided in the current humanitarian legislation. The nuclear weapon represents ...

International Dispute Settlement

International Dispute Settlement

Question 1.

It guaranteed the protection of all parties involved and registered by the organization. Creating shared understanding through group discussions and cooperating as a team to achieve a goal.The first advantage is the collective retaliation where two organizations have reforms to evaluate a balanced trading economy by reducing the problem of compliance imbalance. Negative consensus power is a powerful tool and is useful in the global market if the majority member in the trading agreement wishes to protect the cooperation of the minority in board decision making. It is also built on a broader and stronger basis ...

International law represents a complex concept, which requires careful attention. Various views provide various definitions of international law, and all of them can include the point that it represents a set of rules that the States bound to observe (Kaczorowska, 2015, p. 1). The topic of individuals within international law and their status is quite controversial, and it has changed throughout the history. Different positions explain the issue of the individuals as subjects to international law from different sides. This problem has gone through rejections and affirmations many times, and it has been under discussion for almost as long ...

Government and Universal Health Care: Obligation or Discretionary?

Health care is a hotly-contested issue domestically. When President Barack Obama promoted and signed into law the Affordable Care Act in 2010, which sought to overhaul the country’s health care system to make it more affordable, voices of dissent could be heard from all corners of the country. Yet, the Obamacare is not even a true universal health care (UHC) system because it does not provide or ensure that every person in the country gets health care coverage. What it does is that it broadens the choices for people allowing people to get more affordable health care coverage. ...

ACCORDING TO THE 2001 INTERNATIONAL LAW COMMISSION'S ARTICLES ON THE RESPONSIBILITY OF STATES FOR INTERNATIONALLY WRONGFUL ACTS, WHAT ARE THE LEGAL CONSEQUENCES OF BREACHES OF PEREMPTORY NORMS OF GENERAL INTERNATIONAL LAW AND WHO CAN INVOKE THEM?

Literature Review

The study of Marjan Ajevski “Serious Breaches, The Draft Articles on State Responsibility And Universal Jurisdiction” contemplates the issue of the responsibility of the states over the violation of the international norms. According to the author, the first attempts to define the framework of the state responsibility were made in 1976, when the distinction between the crimes and delicts was provided. Moreover, the ...

Facts

On May 15, 1946 British cruisers "Orion" and "Superb", while passing a southerly direction through the Strait of Corfu, were shelled by the Albanian artillery. Five months later, on October 22, a squadron of British warships left the port of Corfu and headed to the exit through the strait of the same name to the north. Previously English ships cleared the strait from mines. However, not far from the Gulf of Sandra, two British ships ran into mines and suffered considerable damage. On November 13, 1946 British minesweepers again carried out an operation to clean up the strait from ...

International Law and Global Inequality

The simple basic definition of international law is a group of rules that countries observe when interacting with each other. There are three distinct legal directions in the international law and they are: Public International Law that involves the relationship between sovereign nations and international legal entities as the International Court; Private International Law which deals with questions when jurisdictions are in conflict and Supranational Law like treaties, conventions, etc., that the states adopt in a voluntary and collective way. Logically, three more questions are outlined as: is the International law a real law like the national laws; where ...

Investigation of the United Nations (UNESCO) World Heritage Convention

Over the Temple of Preah Vihear ABSTRACT

The research in this scholastic investigation intended verifying if the United Nations Educational, Scientific, and Cultural Organization (UNESCO) World Heritage Convention practices indeed contributed to the conflict already occurring between Thailand and Cambodia over contested border and who has sovereignty over the ancient Temple of Preah Vihear and found the existing literature more than ample proving this. With public, legal, and academic reports, the actions of the UNESCO World Heritage Committee proves it irresponsibly and with direct circumvention of its own protocols inappropriately named Cambodia with inscription on its Heritage ...

DJIBOUTI v. FRANCE (2006) International Court of Justice

Abstract

The case between Djibouti and France arose from a dispute where the former accused the latter of failing to honor an international letter rogatory. In the letter, Djibouti requested France to send them records and documentation of the investigation into the murder of a French judge, Borrel. The issues presented in this case are whether France violated its responsibilities stipulated under the Manual Assistance Convention by refusing to execute the letters received from Djibouti, and whether France breached the requirements and obligations relating to cooperation, which are outlined by the Treaty of Cooperation ...

Questions of Law and Terrorism

1. International Law Public international law, or international law as it is more commonly known, refers to the body of laws that regulate the interactions among and relations between nations. Increasingly, international law has expanded to include jurisdiction over international governmental organizations such as the United Nations, and non-state actors such as individuals and groups, such as Osama bin Laden or more recently ISIS (Joyner, 2005). No understanding of international law is complete without first understanding its sources. According to the International Court of Justice (ICJ), the judicial arm of the United Nations, the sources of international ...

Introduction

Nowadays there are about 40 states that have the technical capacity to produce nuclear weapon. Therefore, it is obvious that, although, the role of nuclear deterrence against the great powers has reduced, none of them will never give up it’s nuclear status. Nowadays the issue of nuclear weapons is inevitable to be considered by each state’s national interest. During the years of the Cold War the world had accumulated a huge number of nuclear arsenals. The arms race aimed to create ever more powerful and sophisticated warheads, intercontinental ballistic missiles, heavy bombers and nuclear submarines. However, the ...

(Course/Major) (Professor/Instructor) (Location/ Address)(Date)

The International Court of Justice: Resolving global business disputes

In the latter part of 2005, the United Nations General Assembly adopted a grandiose plan designed to retool the framework of the United Nations, objectives and policy. Should the program be implemented, the program will be the most revolutionary restructuring that will be conducted by the United Nations to date. Nevertheless, one particular agency of the international body, the International Court of Justice, remained virtually untouched. The UN mechanism has undergone routine initiatives at restructuring, at various stages and in scale, for the greater part of its history. In a 1997 report of ...

AN EXPLORATORY ANALYSIS OF SENATE BILL 863

Requirements for the Masters in Public Policy and Administration Degree The thesis of is approved by __________________________________

Chairperson

ABSTRACT California’s (CA) legislature has passed a series of Workers Compensation (WC) reforms during the past 15 years; the most recent, Senate Bill (SB) 863 passed on August 21, 2012. SB 863 was introduced and presented to the California public as a reform bill that would ensure better coverage and easier medical access for workers injured on the job. SB 899 passed during the early 2000s was shown to be better for California’s workers, than SB863. ...

An Exploratory Analysis of Senate Bill 863

Chapter V California has passed several workers compensation reform bills in recent years, in both the assembly and senate of the state legislature. Each reform bill has addressed perceived problems in the California Workers Compensation (WC) system depending on the factors present that influenced political agenda setting at the time. Therefore, the research presented here created the following hypothesis. If the processes for injured workers were assessed based on the historical outcomes, a better strategy could be designed. In order to test the hypothesis, the goal of the research was to interpret the complexities of SB 899 and SB ...

An Exploratory Analysis of Senate Bill 863

Chapter IV: Results Overview Several workers compensation reform bills have been passed in California in the last fifteen years. The aim of this research was to review, evaluate, and simplify the complexities of the California workers compensation reform bills SB 899 and SB 863. Data was gathered from a variety of sources and organized in order to develop a better understanding of the differences and similarities between the processes instituted. Relevant data was collected for the specific purpose of reviewing the systems in order to design a new system from the ground up; one that would avoiding the pitfalls of ...

Introduction

In Australian jurisprudence it is widely acknowledged that treaties ratified by the government do not assume direct incorporation into Australian law. In most nations or states, treaties are generally not considered part of domestic law unless and until the legislature enact them one way or another. In Australia, the situation is no different. In absence of a legislative process a treaty cannot create rights or impose obligations on the citizenry and residents. But this scenario does not mean that prior to incorporation treaties will not have any effect on Australian law. On the contrary, the Australian High Court held that treaties ...

Concerning Sovereignty over Pedra Branca/Pulau Batu Puteh,

Middle Rocks and South Ledge (Malaysia v. Singapore) The present decision of the International Court of Justice (ICJ) deals with the sovereignty of three land features located at the mouth of the straits of Singapore, between Malaysia to the north and Indonesia to the south. Sovereignty is defined as supreme power or authority and determining which state has that power over specific locations is a topic within international law. Figure 1 illustrates the location of the three land features, which will be called Pedra Branca/Pulau Batu Putech (translates to “White Rock” from the Portuguese and Malaysian, respectively), Middle Rocks, ...

The vision of a united world has always been a dream to many, especially in the times of the two Great Wars. Peace, collective security and equal development for all had been the key objectives of world leaders in the establishment of an international organization that would embody these ideals. Each nation had attempted to make their own interpretation of this goal with several known regional organizations, but what had been the crowning glory was the creation of the United Nations after the Second World War. Since its establishment, the world had clear hopes with the UN as the body that ...

The idea of ​​establishing an international organization to monitor the processes of integration in the world community came up about 100 years ago (Mazower 5); however, the first half of the XX century was marked by two world wars, which greatly complicated the peaceful development of most countries. On October 24, 1945 51 countries, determined to keep the peace through international cooperation and collective security, ensured creation of the United Nations (United Nations Official Website). Currently, it is the most ambitious and comprehensive international organization which covers almost all spheres of human activities, from human rights to environmental issues. ...

Today, the United Nations is an organization in a period of transition. It was an organization born from fear of the future, with lofty goals and soaring aspirations. However, from the beginning, the United Nations faced many logistical problems with fulfilling its goals and central philosophies. The United Nations (UN) was designed to replace the League of Nations, the international organizational body that was formed in the post-World-War-I era (Annan, 2000). After the League of Nations failed to stop World War II, the organization was dissolved in 1945 and the United Nations was formed (Annan, 2000). The founding philosophy ...

Anastasio Garcia Samoza clinched the Nicaragua presidency in the year 1936. This happened after winning the hotly contested elections under the Liberal Party which was conducted after the resignation of president Sacasa earlier in the same year (Diederich, B., 2004). Hence, he established a Somoza dynasty that consecutively ruled for 43 years. Meaning, when Anastasio was assassinated in 1956, he was succeeded by his son, Luis who passed the throne to his brother, Anastasio upon his death in 1967.

The regime

The Samoza dynasty was characterized by a lot of weaknesses and evils done during their entire period in power. This was ...

Dissertation Topic: In the context of Moroccan expansion policies in Western Sahara region, how adversely these policies impacted refugees of the Western Sahara region.

Study Outline:

1. Preface 2. Chapter One: Introduction I. Study Background: Morocco’s expansion policies in the western Sahara and its impact on the refugees of the region II. Objective of the Research Study 3. Chapter Two: Literature Review 4. Chapter Three: Research Methodology 5. Chapter Four : History of the Western Sahara Issue I. Dispute between Morocco and Polisario front II. US Support to Morocco and ...

Chapter 3

Post 1 – Professor Franck’s brings up an interesting question, why states obey international law despite the undeveloped condition of the international system? I would say a very important reason is that criminals, even those who have been nation-state leaders have been brought to trial on the international stage at The Hague. So all the characteristics he mentions that give legitimacy – transparency, symbolic validation, adherence and coherence – are met by the World Court and can be observed on the television news all over the world. There exist inconsistencies in terms of which leaders are taken to trial when others have ...

Background

I work for the government in the field of security and military diplomacy. I have several years experience in bilateral and multilateral activities in the ASEAN and in China. As a result of this work, I have many contacts in both the ASEAN and in China. Furthermore, I have a good grasp of the Thai, English and Chinese languages. This will help in communicating directly with people who are involved in all areas of the subject.

Since the establishment of the People’s Republic of China (PRC), China's role as mediator in the dispute between Thailand and Cambodia has been noticeable ...

International court of justice (ICJ) commonly referred to as world court was set up in 1945 under the United Nations act. It is not the first world court as the name may suggest but it was established as the successor of permanent international court of justice. It deals mainly with international issues such as settling disputes between countries and it uses a constitution that is recognized internationally in carrying out its activities. Initially it was not effective since many countries had not registered and accepted the laws and rules binding to this statute. Currently ICJ is the Supreme Court and ...