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Matters of international law
National law and international law
International law and domestic law
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Members of The United Nations have a duty “to maintain international peace…in conformity with the principles of justice and international law.”[1] China, a core member of the United Nations since its formation in 1945, fails to comply with international human rights’ norms set forth by The United Nations Charter. This failure is noticeably prevalent in the practices of the Chinese Legal System. Its judicial proceedings in handling peaceful, political dissenters fail to provide the minimum protection of human rights guaranteed to all through international law. By examining accounts of Tibetans detained for such peaceful protests, this paper will set out to highlight the discrepancies between Chinese enforcement of international law in theory and in practice. Before this paper goes any further, the notion of international law must be explained. Providing a better understanding of international law will make easier the task of highlighting China’s struggles with enforcing such standards.
“On November 21, 1947, the General Assembly of the United Nations adopted resolution 174 (II), establishing the International Law Commission and approving its statute.”[2] The International Law Commission encourages the development of international law and its codification. The Commission deals primarily with public international law, but also hears private cases as well.[3] International law is applied within an international community, such as the United Nations, and functions to define the proper norms or standards for members to abide by in a collective manner. Examples of such standards could be a ruling on The Universal Declaration of Human Rights or on threats to peace within the International Community.
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...30…> (23 Feb 2003).
(21)Eckholm, Erik. “The New York Times” From a Chinese Cell, a Lama’s influence Remains Undimmed. 23 Feb 2003. www.nytimes.com (28 March 2003)
(23) “Amnesty International” People’s Republic of China: Amnesty International condemns execution of Tibetan, following unfair trial. 27 Jan 2003. <www.web.amnesty.org/ai.nsf/Index/ASA170082003?OpenDocument&of=Countries/C…> (23 Feb 2003).
(27) Canada Tibet Committee. “World Tibet Network News.” 1 Jan 2003. www.tibet.ca/wtnarchive/2003/1/1_3.html (6 March 2003).
(28-32) HRIC. “HIRC” April 2000. <Www.HRIC%20--%20Report%20on%20Co…> Impunity for Torturers Continues Despite Changes in the Law: Report on Implementation of the Convention Against Torture in the People’s Republic of China. (6 April 2003).
(33) People’s Supreme Court. Chinese Criminal Procedure Law. 29 June 1999.
In the book The Omnivore’s Dilemma, Michael Pollan challenges his readers to examine their food and question themselves about the things they consume. Have we ever considered where our food comes from or stopped to think about the process that goes into the food that we purchase to eat every day? Do we know whether our meat and vegetables picked out were raised in our local farms or transported from another country? Michael pollen addresses the reality of what really goes beyond the food we intake and how our lives are affected. He does not just compel us to question the food we consume, but also the food our “food” consumes.
The rise of industrialization and laissez faire were key constituents in the rise of labor unions; businesses were given more breathing room and had more influence in the economics than the government. Citizens were feuding the need to obtain better working hours, reasonable wages, and safer working conditions; this was mainly prompted by industrialization. The three most prominent labor unions in this time period were the American Railway labor(1890s), Knights of Labor (mid-1880s) and the National Labor Union (1866); they pushed forward forward
Union affiliation was first seen in the 1600’s when the roots of the United States were just being planted with skilled trade groups such as artisans, laborers, goldsmiths and printers. Over the next two hundred years, unions developed their desires for higher wages through the use of strikes and protests. The nation’s progress spurred the need for more labor and so began the Industrial Revolution. During the Revolution, many union members began to witness the power that employers had and as a result decided to make use of the concept of power in numbers. The National Labor Union formed in 1866 and worked to persuade congress to set a Federal eight-hour workday, which applied to government employees (Miller). Many large unions formed following in the NLU’s footsteps and uni...
1 Geoff Childs Tibetan Diary From Birth to Death and Beyond in a Himalayan Valley of Nepal (Berkeley: University of California Press, 2004) 41.
The failure of the Bay of Pigs Invasion was due to a lack of planned strategy, miscommunication, and mismanagement of planning. Between these three components, the invasion was bound to come to an abrupt halt and even an impending failure. Even with the backup plans set in forth by the Presidential Administration, their intentions seemed to backfire when Castro’s Intelligence Forces knew well before hand about the near attack that the President Kennedy had set in motion.
The United States’s industrialization lead to a great boom in both economic and population growth, allowing businesses to flourish. With more money and workers at their disposal, employers often would often mistreat workers, suddenly cutting their wages or firing them. With only profit in mind, industries eventually became monopolized and the conditions of workers only worsened. Defenseless and barely able to survive, laborers soon found power in uniting with each other, leading to the establishment of American labor unions during the Gilded Age. They provided workers with necessary protection from their employers’ capricious decisions, and while their presence elicited fear in business owners, unions eventually bettered the standard of living for the American proletarian through compromise.
The errors committed by the United States in terms of inaccurate planning and overconfidence within the Bay of Pigs Invasion rose the confidence of Cuban government in its own people and intelligence services and tactics for future attacks. The Bay of Pigs debacle not only strengthened Fidel Castro's hold on power, but also brought the Soviet Union firmly on to his side, thus increasing Castro’s initiative to implement Communism ideals in Cuba. This is evident in Castro’s strong relationship with Soviet leader Nikita Khrushchev between 1960 and 1962. The failure of the 1961 Invasion served as motivation for Fidel Castro to start planning a counter attack on the United States Government. Immediately as the Invasion had finished, Castro acted in order to further strengthen the nation in sight of possible future conflicts. To facilitate this, he consequently approved of Khrushchev's plan to place missiles on the island, something that immediately established a political alliance between the two Communist leaders which was convenient to both. Castro needed Soviet help to protect his regi...
China’s policy of political imprisonment is a clear act of genocide. It is used to incite bodily and mental harm and inflict conditions of life calculated to bring about the destruction of the Tibetan people. At times imprisonment even results in death. These crimes are all accomplished under the guise of being legal in Chinese law. A statement made by Amnesty International in 1996 cites these abuses:
Without the aid of organized labor, workers would not have been able to persuade others to help them in their fight for better working conditions. Labor unions also influenced people within society to recognize the problems that workers were facing during the late 19th century. All in all, the feelings that many once had about strikes were what changed the most; this allowed for ideas that would later cause corporations to rethink their business methods.
...ghur rights, as human beings, being violated, and who's responsibility is it to make sure that rights aren’t violated, as well as if China is living up to its responsibilities as a world power, to take care of its people.
Rinpoche, Samdhong. Uncompromising Truth for a Compromised World: Tibetan Buddhism in Today’s World; forward by 14th Dalai Lama. (Tibet: World Wisdom, 2006), 264.
According to Article 38 of the 1946 Statute of the International Court of Justice, the Court shall apply “international custom, as evidence of a general practice accepted as law” in its decisions (Kritsiotis 123). In other words, the International Court of Justice cites customs as a formal source of law. According to Roberto Unger, author of Law in a Modern Society, customary international law is best defined as “any recurring mode of interaction among individuals and groups, together with the more or less explicit acknowledgement of these groups and individuals that such patterns of interaction produce reciprocal expectations of conduct that out to be satisfied (Shaw 72-73). In other words, customary international laws are primarily concerned with how and why sates behave in a particular manner. Customs derive from the behavior of states (state practice) and the subconscious belief that a behavior is inherently legal (opinio juris). Evidence of state behavior is documented in the decisions of domestic courts, international courts, and international organizations. Unlike treaty law, customary laws are binding on all states. Additionally, if a treaty derives from a custom it is also binding on all states. Some of the international court cases that have been instrumental in the development of customary international law include the Nicaragua v. United States case, the Anglo-Norwegian Fisheries case, the Scotia case, the Asylum case, the Paquete Habana case, and the Lotus case.
Labor unions are legal representatives of workers in the United States. They mainly bargain with employers for higher wages, benefits, and better working conditions. However, there is a major controversy on whether labor unions should even exist. Some people are for labor unions because they benefit much from one. Others view unions as selfish organizations. The United States labor force wouldn’t be the same if it wasn’t for unions fighting for workers rights.
For everyone today, technology plays a large part in everyday life. Technology has a wide range of benefits which is a reason technology has become so integral today. Technology has helped from elementary school children, to wealthy CEO’s. However, there is also a camp that thinks we should limit technology because of its negative effects. Frankly, I believe that we are afraid of change. We are afraid of new endeavors, new frontiers to explore; which is why people are so against technology. I think that an unfortunate flaw that humanity possesses is that, everyone calls for change. People call for change but they themselves refuse to change. People call for new technologies to change our lives but when they realize that they themselves are
The concept of Confucianism has contributed immensely in the forming of Chinese character, behaviour and the way to live, with its main purpose being to achieve harmony which is considered the greatest social value. Confucianism firmly highlights the impression of mercy, social order and fulfilment of responsibilities. The effects of Confucianism had impacted both China and Japan to the extent that the changes are still noticeable to this day.