...Baraa Elhariry International Law Professor Taub Due Date: 12/16/2011 UN Security Council’s Referral and Article 16 of the Rome Statute The Darfur Conflict began in February of 2003 when the Sudanese Liberation Movement (SLM) and the Justice and Equality Movement (JEM) took up arms against the Sudanese government claiming their actions as a retaliation of years of persecution by Arab Sudanese in the north against non-Arabs in the south. They were met with resistance by the national army and the Janjaweed forces, a militia that is not officially recognized by the Sudanese government, but acts in its’ best interests nonetheless. The United Nations estimates that there have been at least 300,000 Sudanese killed between 2003 and 2005. During that period, around two million more were displaced from their homes and forced to seek refuge. The conflict is still ongoing. After the relative success of International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), a draft statute was adopted to establish an international criminal tribunal that had jurisdiction over crimes of war crimes, crimes against humanity, aggression, and genocide. The result was the Rome Statute, which was drafted in 1998 and that required the approval of 60 states in order to come into force, which it did on July, 1st 2002. Sudan signed the Rome Statue in September of 2000 while Omar al-Bashir was President, but did not ratify it, thus not accepting...
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...and tobacco. An economic growth from 3% to 6% in the past 5 years raised the GDP per capita up to $9.400. According to the Customer Price Index the inflation rate is under control in the country, despite the increase of oil price on the global market. The high rate of unemployment and corruption create poverty in the country and people easily get into conflicts with one another. The executive power in this country has the Government, represented by the Prime Minister. The leading, coalition and opposing party are also part of the parliament with a total of 123 seats. There are also branch ministers that are responsible for each branches like Economic, Angelov 2 Financial, Education, Health or Justice. The court system consists of Supreme Court, Constitutional Court and Judicial Council. History of Macedonia In September 1991 Macedonia gained its independence from Yugoslavia in a peaceful way through referendum. After the World War II in 1946 Macedonia was part of...
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...responsibilities. • Binding Authority: any source of law that a court must follow when deciding a case. • Breach: the failure to perform a legal obligation. • Case Law: the rules of law announced in court decisions. • Citation: a reference to a publication in which a legal authority can be found. • Civil Law: the branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters. • Civil Law System: a system of law derived from that of the Roman Empire and based on a code rather than case law. • Common Law: the body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature. • Constitutional Law: the body of law derived from the U.S Constitution and the constitutions of the various states. • Criminal Law: law that defines and governs actions that constitute crimes (wrongful actions committed against society for which society demands redress). • Cyberlaw: all laws governing electronic communications and transactions. • Defendant: one against whom a lawsuit is brought; the accused person in a criminal proceeding. • Equitable Principles and Maxims: general propositions or principles of law that have to do with fairness. • Historical School: A school of legal thought that emphasizes the evolutionary process of law and looks to the past to discover what the principles of contemporary law should be. • International Law: the law that governs relations among nations. • Jurisprudence:...
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...possibly thinking that, after all, there is an afterlife, that existence in the ordinary sense of the word will not be impaired although it may take on a different form. This is probably why many death-row-prisoners turn to religions books, especially to passages which try to throw light on life after death, strong & disciplined minds are more than likely to have resource to such simulated ‘peace’ particularly so if they have transgressed the law of the land when indulging in activity springing from deep ideological beliefs. Only poor Human beings hanged Most of the study on Death Penalty has concluded that only the ‘poorest of poor’ are sentenced to Hanging. The installed question is. Do the better off get away with heinous crime? Justice on Revenge Apart from victim family, society also demands the killing, society...
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...Trials where the death penalty is a possible sentence have more legal requirements than non-death penalty trials, and therefore, cost more to fulfill these requirements. The requirements include costs for prosecuting and defense attorneys, interpreters, expert witnesses, court reporters, psychiatrists, secretaries, and jury consultants (“Costs of the…”) as well as “the necessity for two trials – one on guilt and one on sentencing” (Dieter). According to an article by the Death Penalty Information Center, “a non-profit organization serving the media and the public with analysis and information on issues concerning capital punishment in the United States” (“What’s New”), “the average cost of defending a trial in a federal death case is $620,932, about eight times that of a federal murder case in which the death penalty was not sought” (“Costs of the…”). Take the state of Washington for example. A study conducted by the University of Seattle determined that “in Washington each death penalty case cost an average...
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...The United State Constitution CJ 310-02 Criminal Law April 7, 2011 In Criminal law, there is an ancient proposition saying,” no crime without law, no punishment without law. That in criminal law is based on the principle of legality. The ancient saying means that no one can be convicted or punished, unless there is a law that defines it’s as a crime. The case of Treva Hughes, Ms Hughes was driving while under the influence. She ran into Ms. Reesa Poole and killing her unborn child and was convicted. The Appeals Court reversed her conviction because the law didn’t give Ms. Hughes fair warning that it included the unborn in homicide stature. An Ex Post Facto Laws criminalizes an act that was innocent when it was committed. It is the clearest example of ex post facto laws, they’re also the rarest. Ex Post Facto also increases the punishment for a crime after the crime was committed. Just as clear an rare like the first one. An example is raising the age of statutory rape form 16 to 21. Finally it takes away a defense that was available to a defendant when the crime was committed. The Ex Post Facto ban is protect private individuals by ensuring that legislature give them a fair warning about criminal and that they can rely on that requirement. The other purpose is to prevent legislators form passing arbitrary and vindictive laws. The Void-for-Vagueness Doctrine takes aim similar to the ban on ex post facto. Void laws fails to give fair warning to individuals...
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...Doctrine of frustration is that it is an unforeseen event which occurs and makes the contract impossible to perform as well as the fact that neither party is at fault nor is it a way to escape a contract or obligation so therefore is not a vitiating factor either. There are several ways where contract may be frustrated this is where for instance impossibility of performance occur due to a frustrating event, so when a it is impossible to carry out the contract as it can be destroyed or inaccessible so due to its existence. The case of Taylor V Caldwell clearly illustrates this aspect where performance was impossible as the building was on fire and therefore this denotes that the contract was frustrated as neither party was at fault and performance was impossible to complete as the building which was hired was on fire so it made the contract frustrated. Secondly a contract may be frustrated if there is the illegality of performance so where it would be illegal to perform a certain act or transaction, so therefore this would frustrate the contract and restrain performance and the case of Fibrosa demonstrates this where a delivery of machines were to be acquired from Poland by England in a period of 3-4 months payment were half transacted, however due to Germany invading Poland and England declaring war on Germany orders in council made Poland an enemy territory which made it illegal for England to trade in Poland this shows illegality of performance and how it can be frustrated...
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...Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” They could regulate state monopolies, not prohibit which would make an even playing field for everyone. What that meant was the control was back in state hands and an override of statutes the conflicted with each other. States would have control over laws regarding health, safety and other public issues and laws regarding interstate but this represented states power within the federal system. Not federal power. Congress legislation would not interfere with this if legislations were enacted on a federal level. Lawyers for the state argued that if the court ruled in favor of Gibbons it would harm the internal state regulation of slave trade or abolish it altogether. Supporters, many business owners hoped for a decision that would support the power of Congress to get rid of state supported and controlled by a few rich...
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...Doctrine of frustration is that it is an unforeseen event which occurs and makes the contract impossible to perform as well as the fact that neither party is at fault nor is it a way to escape a contract or obligation so therefore is not a vitiating factor either. There are several ways where contract may be frustrated this is where for instance impossibility of performance occur due to a frustrating event, so when a it is impossible to carry out the contract as it can be destroyed or inaccessible so due to its existence. The case of Taylor V Caldwell clearly illustrates this aspect where performance was impossible as the building was on fire and therefore this denotes that the contract was frustrated as neither party was at fault and performance was impossible to complete as the building which was hired was on fire so it made the contract frustrated. Secondly a contract may be frustrated if there is the illegality of performance so where it would be illegal to perform a certain act or transaction, so therefore this would frustrate the contract and restrain performance and the case of Fibrosa demonstrates this where a delivery of machines were to be acquired from Poland by England in a period of 3-4 months payment were half transacted, however due to Germany invading Poland and England declaring war on Germany orders in council made Poland an enemy territory which made it illegal for England to trade in Poland this shows illegality of performance and how it can be frustrated...
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...Theory of Justice Analysis Conception and reality often clash when applied to everyday. In the most optimal society justice is served by punishing criminals so that law abiding citizens can live their lives in peace. The reality is that criminals receive punishments that are less than justice demands and the non-criminals are cheated. This short paper examines justice theories, the utilitarian view, modern justice view and the security based justice. It is important to consider individual justice, mob justice and societal justice as separate institutions. To better understand these institutions the next section explains justice theories. Justice Theories In this section two types of justice will be discussed: Rawl's Theory of Justice as Fairness and Libertarianism. Rawls focused on a hypothetical model in order to describe his form of justice. In this hypothetical model individuals are required to choose fundamental principles of basic institutions of a given society (Ilstu). The result choices made by the members of this society will be both fair and just. The two principles are as follows: Equal Liberty and Difference. "The Equal Liberty Principle states each person is to have the maximum civil liberties compatible with the same liberty for all (Ilstu)". These would be the principles of the United States Constitution; all American citizens are privileged to receive full civil liberties based on the laws of the land. "The Difference Principle states inequalities...
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...requirements fro private security companies and officers vary from state to state. When looking at private security at the international level in those as an example working with Department of Defense or Department of State and many other government agencies, private security must adhere to federal mandates in regards to training, continued training which could be testing to ensure that employees are meeting the standards based on the contract, and the assurance that employees are abiding by company and federal guidelines. However, the focus of this paper is exploring the legal authority and licensing requirements for the private security in the state of Virginia. Overview of the Department of Criminal Justice Services for the State of Virginia The commonwealth of Virginia created the department of criminal justice services for the purpose of providing guidelines for the private sector in regards to state mandates based on the type of security whether it be unarmed, armed, executive protection, K-9 units, and many more security assets not listed. The department of criminal justice services also provides a guideline for law enforcement in identifying what the private sector can legally act upon as well as how they can be utilized for assisting law enforcement officers as a whole. Training and Standards “The purpose of Department of Criminal Justice Services (DCJS) policies is to ensure compliance with all statutes and Administrative Codes, Committee on Training (COT) approved...
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..........................................................6 5. NAVIGATION IN TERRITORIAL SEA......................................................................6 5.1. Innocent Passage.....................................................................................................6 5.2. Straits.......................................................................................................................7 5.3. Transit Passage........................................................................................................7 6. THE HIGH SEAS...........................................................................................................7 7. INTERNATIONAL MARITIME EVENTS..................................................................8 7.1. The Corfu Channel...
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...Application of International Law Donna Turner Argosy University – Online Business Law and Corporate Ethics International law does not have a defined area or governing body. International law is made up with a collection of agreements, treaties, charters, protocols, tribunals, memorandums, and legal aspects of the International Court of Justice also known as the World Court. There are three main legal principles recognized in international law, which are not required, but are based on courtesy and respect: - Principle of Comity – this is when two nations share common public policy ideas, one of them submits to the laws and judicial decrees of the other. - Act of State Doctrine - respects that a nation is sovereign in its own territory and the judicial bodies of another country may not question its official domestic actions. It dissuades courts from deciding cases that would interfere with a country’s foreign policy. - Doctrine of Sovereign Immunity - deals with actions brought in the court of one nation against another foreign nation and prevents the sovereign state from being tried in court without its consent. In the U.S., the Foreign Sovereign Immunities Act (FSIA) of 1976 governs this. There are both national laws and international agreements which govern/regulate international business transactions that can include investments, offshore banking, contracts, imports/exports, tariffs, dumping, trade and more. International law can also be considered as public or...
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...transport sector. Businesses and those who own interests need to know their rights and obligations. What is legal? Where can I find the laws I need to know? How do I make decisions about legal conduct that, personally, is morally or ethically troublesome to me? This is because these are aspects which enable the businesses to grow and gain momentum. It is important for businesses to know the aspects of businesses which are of value. This is because these aspects enable the businessmen to work in accordance with the law. In this case, there are several purposes of business law. It is worth noting that there are two types of law. Public law includes laws that are enacted by some authorized government body. State and federal constitutions and statues are all examples of public laws, are the federal constitutions and statutes are all examples of public laws, as are the federal securities laws, state incorporation and partnership procedures, and zoning laws (Jennings M. , 2005). Private law, on the other hand, is developed between two individuals. For example, landlords usually have regulations for their tenants, and these regulations are private laws (Jennings M. , 2005). First, purposes of the law include the fact that they carry some form of penalty for their violation. Traffic violations carry a fine or imprisonment, or both. Violations of civil laws also carry sanctions. A driver who injures another while driving intoxicated must pay for the damages and the costs of the injuries...
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...Tanya Trucker would have to purchase these hitches to go through this one state or go around the state of Confusion. What Court will have Jurisdiction of Tanya’s Suit? Tanya Trucker resides in the state of Denial and she is placing suit against the state of Confusion. Therefore, the federal court will have jurisdiction over this case. Cheeseman (2010) states, “A case may be brought in federal court if there is diversity of citizenship” (p 12). Tanya Trucker could file suit in the federal court for violating the commerce clause of the constitution. “The commerce clause grants the federal government the authority to regulate interstate commerce” (Cheeseman, 2010, p. 73). The interstate commerce has the ability to pass laws that regulate the behaviors of business. Is the Confusion Statue constitutional? The Confusion statue is not constitutional. The interstate commerce clause shows this in Article I, Section 9. Cheeseman, 2010 states, “No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another; nor shall vessels bound to, or from, on state, be obligated to enter, clear, or pay Duties in another” (p 87). This clearly shows that the state of Confusion cannot charge dues, the special hitch, to any other state such as the state of Denial. What provisions of the U.S. Constitution will be applied by a court to determine the statute’s validity? The federal government has the responsibility to enact safety requirements for vehicles...
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