...Article 38(1) of the Statute of the International Court of Justice is generally regarded as setting out the sources of international law. International treaties and conventions is one of the sources of international law in terms of that Article. According to the 1969 Vienna Convention on the law of treaties; part 1, Article 2 on the use of terms- defines the term “treaty” as an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation. It also includes international agreements involving international organizations as parties. In order to speak of a “treaty” in the generic sense, an instrument has to meet various criteria- first of all, it has to be a binding instrument, which means that the contracting parties intended to create legal rights and duties. Secondly, the instrument must be concluded by states or international organizations with treaty-making power; thirdly, it has to be governed by international law and finally the engagement has to be in writing. Convention as a generic term according to Article 38 (1) (a) of the Statute of the International Court of Justice refers to “international conventions, whether general or particular” as a source of law, apart from international customary rules and general principles of international law and- as a secondary source- judicial decisions and the teachings of the most...
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...The Constitution is important to ratify because it sets laws and principles that establish the function, nature, offices, powers, and limits of an organization such as a government, or charity. It also protects the rights of people, and of the states, by telling government what it cannot do. Even though the Articles of Confederation did not work out the way it was planned, the Constitution is an improved, fixed Articles of Confederation. The Constitution will improve our country and government. This will be done in several ways. First, it is said that there will be a checks and balances. What that is – is the Three Branches of Government will never over-power each other. The Legislative checks Executive and Judicial (They can overturn a veto with certain amount of votes and appoint lower courts), Executive checks Legislative and Judicial (They can veto a bill and appoint Supreme Court justices), and lastly Judicial checks Legislative and executive by declaring something unconstitutional. Checks and Balances are great so the President will never get too powerful and not one branch can be overturned and become infused with power. Of course the Founding Fathers had to include individual rights/freedoms. First, it sets up a fair form of government. In other words the government, by law is required to give individuals freedom of speech, religion, and press. Second, it sets up rules for which the government to work by creating boundaries for state government laws and federal government...
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...The ratification of the Bill of Rights utilized the Article V power to adapt and change the Constitution. If I were to attempt to change the Constitution I would lobby for trans-gender bathroom rights. Though this may seem like a menial right the passage of trans-gender bathroom rights would directly allow the use of any public restroom regardless of gender identification or, sexual orientation. The primary part of this amendment would lay to rest the ongoing controversy of transgender individuals. Former President Obama signed an executive order that allowed transgender individuals to use the restroom they identified with; however, this progressive step was eventually rescinded by President Obama’s successor President Trump. All individuals should have...
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...Though the nineteenth amendment may be few in words, there is a story behind it that couldn’t be told with a million. The struggle to gain this amendment was lengthy and difficult, but the final product : “The right of citizens of the United States to vote shall not be denied or abridged by the United States or any State on account of sex,” and, “Congress shall have power to enforce this article by appropriate legislation (US Congress).” This short statement immediately inspired those who supported it and continues to act as fuel for the fire of feminists today. Many events led up to the ratification of the nineteenth amendment. In July of 1848, the woman suffrage movement got a great start in the Seneca Falls convention headed by Elizabeth...
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...Revolutionary period, both common and elite Americans alike sought to define the ideals of liberty that would be incorporated into the new nation. But the realization of these ideals of equality in politics and universal rights necessitated the formation of a centralized Republican government in order to become a practical reality, thereby ensuring the success of the nation by implementing basis of lasting, effective systems of maintaining political order. In doing so, the constitution realizes revolutionary aspirations for independent government that guarantees the rights and common good of its citizens. The ratification of the US Constitution and Bill of Rights ensured that the ideals of independence, accurate representation in politics via a republican system, and the protection of natural liberties birthed during the Revolution could survive practically within the new nation. The ratification of the Constitution was critical for the success of the nation, thus realizing the revolutionary dream of...
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...Two sides formed during the debate on whether to ratify the U.S. Constitution or not; those who understood the necessity of a national government and those who feared another tyrannical central government. After leaving British rule, the colonists were fearful of another dictatorship and unrepresentative government. Because of this, they created the Articles of Confederation. However, the structure failed to provide the national government enough authority to successfully govern all thirteen states, because none of the state's trusted it. A group called Federalists, led by Alexander Hamilton, James Madison and John Adams supported ratification of the Constitution. The Constitution would replace the weak Articles and enforce a stronger national...
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...The First Congress of the United States, in the heady days of 1789, faced a critical challenge: How could they guarantee that the young American government would protect the hard-won liberty, earned in the Revolutionary War years earlier, of the American people? Many had cried foul during the Constitutional ratification process, fearing that the government created under it would fail to respect the people’s freedom and fall into tyranny. Representative James Madison, who had been a leading figure in the Constitutional Convention of 1787, sought to placate them by improving the Constitution “in the opinion of those who are opposed to it, without weakening its frame.” Madison thus created a system of checks on the government’s power to ensure that it would respect individual liberties. This system was embodied by the Bill of Rights, a series of ten amendments to the Constitution establishing a vast range of inviolable rights enjoyed by the American populace. The document, ratified that year, has long served to defend Americans from intrusive encroachment upon rights and...
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...Grant wrote notifying them of the ratification of the 15th amendment before taking it into the Constitution. His letter addressed how the amendment is a need for the newly established United States, giving them the much needed 4,000,000 people who were once considered property to be able to vote as a people, giving the United States more power through its people. Being that the founding fathers wanted this nation to “ran by the people, for the people.” President Grant urged the congressmen that this would give their growing country more of a voice and that it would not take away the privilege that the white man holds in the country but giving the country’s power to the people that need it, putting the wellbeing of the growing nation in the hands of its people, become one of the greatest...
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...Alexander Hamilton was a prominent figure during the forming of the United States government. He was a member of the Federalist Party, whose ideals revolved around the premise of a strong, centralized government. Hamilton builds a strong foundation of truth to establish ethos, or author credibility. The Constitution was written by Federalists and therefore advocated this form of government. In order to institute it, the Constitution needed the support of all. Hamilton uses his work “Federalist No. 1” to argue for the ratification of the United States Constitution. Hamilton anticipated many adverse reactions to the Federalist Papers and the ratification of the Constitution. He holds concerns to the people and their benefits as to what the...
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...In the youthful age of America, several individuals rose up above others in attempts to strengthen the foundation upon which the country was built. These individuals in the meantime built legacies- accomplishments that would forever make honor and respect synonymous with their names. Alexander Hamilton, however, is wrongfully overlooked when compared to other founding fathers, despite his disadvantageous upbringing and the lasting positive impact his principles and philosophies brought to the nation. Truly a modern thinker, Hamilton worked tirelessly as Secretary of the Treasury to push his plans for the Bank of the United States. Before this, he influenced the ratification of the Constitution through his writings in The Federalist Paper,...
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...His arguments against the ratification of the constitution fed on the more emotional appeals in regards to the people, with emphasis on the possible unintended consequences they would perhaps face if this document were put into play. James Madison held his ground, despite his subpar public speaking skills and managed throughout his speeches to provide a more rational approach to the questions posed. Madison argued that the constitution would not actually enlarge the power of the federal government in such a way that it would infringe on the rights of people because the federal governments will hold less power than the state governments. Madison believed a strong central government was the key to a successful nation, and stated, “…Measures are to often decided, not according...
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...Section III: Ratification of Conventions and acceptance of obligations (ILS Handbook of Procedures) Handbook of procedures relating to international labour Conventions and Recommendations III. Ratification of Conventions and acceptance of obligations 18. Procedure. Article 19 of the Constitution provides: 5(d) (I)f the Member obtains the consent of the authority or authorities within whose competence the matter lies, it will communicate the formal ratification of the Convention to the Director-General and will take such action as may be necessary to make effective the provisions of such Convention. 19. Form of communication of ratification. No specific requirements as to form are laid down in the Constitution. Each State will have its own constitutional provisions and practice. In order to be registered, an instrument of ratification nevertheless must (Endnote 1): (a) clearly identify the Convention being ratified; (b) be an original document (on paper, not a facsimile or photocopy) signed by a person with authority to engage the State (such as the Head of State, Prime Minister, Minister responsible for Foreign Affairs or Labour); (c) clearly convey the Government's intention that the State should be bound by the Convention concerned and its undertaking to fulfil the Convention's provisions, preferably with a specific reference to article 19(5)(d) of the ILO Constitution. 20. Compulsory declarations to be included in or to accompany ratifications. Several Conventions...
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...“Article Five” of the U.S. Constitution. When writing and discussing the Constitution at the Constitutional Convention, many of the authors and scholars disagreed on the ratification of the Constitution whilst others favored the ratification of the famous document. Some claimed that liberty will be jeopardized and a tyrannical government may result, as stated in document two. Whilst others claimed that the Constitution was the solution to the political and economic struggles of the current government as stated in document one. The anti-federalists, led by Patrick Henry and Thomas Jefferson favored a weaker central government; whilst the federalists, led by John Adams and Alexander Hamilton favored a strong central government. Overall, the major arguments of the convention can be categorized into two groups, the ones who favored the ratification of the U.S. Constitution and those who didn’t. To continue, the scholars who favored the ratification of...
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...While the discussion of ratifying the treaty was going on, there were deals being made on the side with the Democrats. During that time period, it was mainly a Republican goal to expand the boundaries of the United State further beyond its borders. This can be seen with the political cartoon, “The Expansion Policy”, depicting the G.O.P. Elephant benefitting off the “Territorial Expansion Dinner” while the Democratic Donkey was left with an empty plate. (Doc A). Therefore, convincing had to be done in order to get Democrats to vote for ratification. In an effort to get this done, people such as Marcus Hanna and Benton Elkins talked to the Democrats with mentions of business deals that could be made after the treaty was passed. In a conversation with Washington correspondent, Arthur P. Dunn, Arthur P....
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...Kinds of defective contracts 1. Rescissible Contracts (Chap. 6) 2. Voidable Contracts (Chap. 7) 3. Unenforceable Contracts (Chap. 8) 4. Void or inexistent Contract (Chap. 9) Article 1380 Contracts validly agreed upon may be rescinded in the cases established by law. (1920) Rescissible Contracts – are those validly agreed upon because all the essential elements exist and, therefore, legally effective, but in the cases established by law, the remedy of rescission is granted in the interest of equity. Requisites of rescission. 1. The contract must be validly agreed upon. 2. There must be lesion or pecuniary prejudice to one of the parties or to a third person. 3. The rescission must be based upon a case especially provided by law. 4. There must be no other legal remedy to obtain reparation for the damage. 5. The party asking for rescission must be able to return what he is obliged to restore by reason of the contract. 6. The object of the contract must not legally be in the possession of the third person who did not act in bad faith; 7. The period for filing the action for rescission must not have prescribed. Article 1381 The following contracts are rescissible: 1. Those, which are entered into by guardians and suffered LESION by more than ¼ of value of the value that is the OBJECT. 2. Those agreed upon in representation of absentees, if the latter suffer the lesion stated in the preceding number; 3. Those undertaken...
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