«No one knows exactly how many illegal immigrants are in this country. Estimates range from 4 to 12 million people. The largest group of undocumented immigrants is Mexicans. Thousands of Mexicans, some with families, cross the border illegally in...» Document abstract
$1.95
2 word format
Language : english
international law
school essay
date published
12/12/2007
review : not yet assessed
level : General public
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SummaryNo one knows exactly how many illegal immigrants are in this country. Estimates range from 4 to 12 million people. The largest group of undocumented immigrants is Mexicans. Thousands of Mexicans, some with families, cross the border illegally in search of work. Typically an illegal will stay in the United States about six months working a low paying temporary job and then head back to Mexico.
The job of stopping the flow of illegals over the border belongs to the U.S. Border patrol. When illegals are caught, they are not brought to trial, but are usually detained and then bused back to the border. They usually reattempt the journey within days. This is called Catch and release. In the mid 90’s the border patrol was beefed up near high population southern California cities and southern Arizona cities. This had the effect of slowing the tide of illegals but it is not known weather this slow was due to the increased border patrols or the recession of the economy. The events of 9/11 and the resulting War on Terror have brought the illegal immigrant issue to the foreground of many political debates. The USA patriot act of 2001 put the border patrol under the control of the department of homeland security and tripled the budget of the Canadian Border Patrol.
The job of stopping the flow of illegals over the border belongs to the U.S. Border patrol. When illegals are caught, they are not brought to trial, but are usually detained and then bused back to the border. They usually reattempt the journey within days. This is called Catch and release. In the mid 90’s the border patrol was beefed up near high population southern California cities and southern Arizona cities. This had the effect of slowing the tide of illegals but it is not known weather this slow was due to the increased border patrols or the recession of the economy. The events of 9/11 and the resulting War on Terror have brought the illegal immigrant issue to the foreground of many political debates. The USA patriot act of 2001 put the border patrol under the control of the department of homeland security and tripled the budget of the Canadian Border Patrol.
«In all the various interrelated issues of the border, there is one central group that is essential to allowing immigrants to cross in the United States: the coyotes. Coyotes are smugglers who assist immigrants in getting across the border without...» Document abstract
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2 word format
Language : english
international law
school essay
date published
07/12/2007
review : not yet assessed
level : General public
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SummaryIn all the various interrelated issues of the border, there is one central group that is essential to allowing immigrants to cross in the United States: the coyotes. Coyotes are smugglers who assist immigrants in getting across the border without getting stopped by the border patrol, or anyone else. They are almost always Mexican, and often were at one point immigrants themselves, who over time have made enough trips across the border to know the best routes to take, where they will encounter the least amount of trouble. Coyotes do provide a service to the immigrants, and this service, of course, costs money. Today the cost is much higher than it has ever been, for a number of reasons. The border patrol has increased security greatly in the past, and despite their best efforts, this has only made coyotes have a more lucrative occupation, due to the fact that coyotes are no longer a luxury, they are now a necessity (Campbell). Immigrants have almost no chance of crossing the border without a guide. The immigrants do run the risk of being abandoned, robbed, raped, or even killed by people in line with their coyotes, or by the coyotes themselves. However, some coyotes safely get people across the border. The question is then: how should we view coyotes? Are they heroes, villains, criminals, or somewhere in between? Coyotes as a collective group are criminals who are necessary.
Discuss the analysis and significance of the abduction and trial of Eichmann from an international law perspective, with reference to legal writing
«“The very concept of individual accountability – indeed – the very idea that an act could be ‘criminal’ was antithetical to International law during much of its history […] With narrow exceptions, individuals held no rights and bore no...» Document abstract
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8 word format
Language : english
international law
presentation
date published
12/04/2007
review : not yet assessed
level : Advanced
requested 17 times
Summary“The very concept of individual accountability – indeed – the very idea that an act could be ‘criminal’ was antithetical to International law during much of its history […] With narrow exceptions, individuals held no rights and bore no responsibilities under International law, provided some protection for individuals through the laws of war, but these were derivative of the rights that states had against other states” declared the Harvard Law Review . Further on, it deduced from the statements above that “the costs of such lacunae were demonstrated by the atrocities of World War II. […] the failure to prosecute after earlier wars create[d] a sense of impunity on the part of war criminals” . The Nuremberg Trials put an end to the ‘golden age’ of/for war criminals by initiating the development of international criminal accountability . Between 1946 and 1960, “similar proceedings” confirmed the principles established by the Nuremberg precedents, the Convention on the Prevention and Punishment of the Crime of Genocide of 1948 and the Four Geneva Conventions of 1949. However, they didn’t raise new legal aspects; either because “they involve[d] trials of former Axis nationals by courts of countries that had been occupied during the war” like in the major Nuremberg trials, or the “acts tried were committed on the territory of the adjudicating state and proceedings were conducted according to the lex loci” , that is, mainly, German law applied by German courts.
It is necessary to bear in mind this context in order to fully appreciate the significance of the Eichmann case. Unlike the cases that followed the Nuremberg Major War Criminals Trial, the Eichmann didn’t involve the ex-Allies or the countries occupied by the Nazi military forces, it was not explicitly supported by the international community, not through the United Nations Organisation, neither Eichmann nor the victims were of Israeli nationality… In short/in brief, there are many brand new/original features that make the case likely not only to set a precedent, but also to mark a turning point in International criminal law. The Eichmann trial started/launched the debate on what the priorities of International Criminal law should be and what procedural concessions the international community can tolerate in order to achieve the main objectives without endangering the accomplishment of Justice.
First, we will discuss whether the principle known as “the fruit of the poisonous tree” in the United States must be applied to the abduction of Adolf Eichmann or not. The violation of International law was “clear” to Louis Henkin in 1968 but one can argue that the end justifies the means somehow . Then, the trial in itself has to be analysed in both procedural and substantive terms. The jurisdiction of the Israeli court, the nature of the law it applied and the fairness of the proceedings will be brought into focus. Eventually, the topicality of the case will be highlighted.
It is necessary to bear in mind this context in order to fully appreciate the significance of the Eichmann case. Unlike the cases that followed the Nuremberg Major War Criminals Trial, the Eichmann didn’t involve the ex-Allies or the countries occupied by the Nazi military forces, it was not explicitly supported by the international community, not through the United Nations Organisation, neither Eichmann nor the victims were of Israeli nationality… In short/in brief, there are many brand new/original features that make the case likely not only to set a precedent, but also to mark a turning point in International criminal law. The Eichmann trial started/launched the debate on what the priorities of International Criminal law should be and what procedural concessions the international community can tolerate in order to achieve the main objectives without endangering the accomplishment of Justice.
First, we will discuss whether the principle known as “the fruit of the poisonous tree” in the United States must be applied to the abduction of Adolf Eichmann or not. The violation of International law was “clear” to Louis Henkin in 1968 but one can argue that the end justifies the means somehow . Then, the trial in itself has to be analysed in both procedural and substantive terms. The jurisdiction of the Israeli court, the nature of the law it applied and the fairness of the proceedings will be brought into focus. Eventually, the topicality of the case will be highlighted.
Table of Contents- The abduction of Adolf Eichmann from Argentina to Israel: ‘the fruit of the poisonous tree?
- The Facts
- Their Justification
- Procedural and substantive aspects of the trial: how the Eichmann trial launched a rich debate on many International criminal law issues
- The Jurisdiction of the Israeli ad hoc court
- Nature of the Law applied, line of defence and procedural issues
«International commercial arbitration is one of several forms of dispute resolution for international commercial agreements. The use of arbitration has increased along with the growth of international trade and commerce and the accompanying disputes...» Document abstract
$3.95
4 word format
Language : english
international law
presentation
date published
29/08/2006
review : not yet assessed
level : Advanced
requested 20 times
SummaryInternational commercial arbitration is one of several forms of dispute resolution for international commercial agreements. The use of arbitration has increased along with the growth of international trade and commerce and the accompanying disputes springing from these pursuits. In its broadest sense, arbitration is a vehicle of dispute resolution in which parties to a contract select a neutral arbitrator (or a panel of arbitrators) to present their dispute for a legally binding ruling. Arbitration is often selected for the reasons of confidentiality, speed, enforceability of arbitral awards, and to eliminate the uncertainties in the choice of arbitrator and forum. Parties from different national origins may also be reluctant to accept national court litigation with the potential for national bias. Arbitration offers the parties more control over how proceedings will be conducted. Arbitration awards are, with rare exception, final and binding.
Table of Contents- Definitions, competence and power.
- Definitions of arbitration.
- Definition of international commercial arbitration.
- International agreements, conventions, and treaties.
«Humanitarian intervention deals with two academic fields: political philosophy and international law. The question of intervention depends on the morality and on the legality of the intervention. Is humanitarian intervention a moral duty for states?...» Document abstract
$5.95
6 word format
Language : english
international law
presentation
date published
18/04/2006
review : not yet assessed
level : General public
requested 6 times
SummaryHumanitarian intervention deals with two academic fields: political philosophy and international law. The question of intervention depends on the morality and on the legality of the intervention. Is humanitarian intervention a moral duty for states? Is humanitarian intervention a right for states? Those two questions will be the core of our argument in this essay.
Table of Contents- Traditional Approaches about humanitarian interventions
- Theoretical objections to humanitarian interventions
- Theoretical approaches in favour of humanitarian intervention: Solidarist international society theory
- The ambiguous case of the United Nations
- A renewal of approaches since the end of the Cold War: practice and theory
- 'NATO's humanitarian intervention in Kosovo: making or breaking international law?'
- The effects of globalization and the arising of non- forcible intervention
«We'll see that a mediate position can be found between what Donnelly has identified as radical cultural relativism (a) and radical universalism (b). Thus, it seems that a cross-cultural consensus can be found on the universality of some basic rights...» Document abstract
$9.95
13 word format
Language : english
international law
presentation
date published
16/11/2001
review : not yet assessed
level : Advanced
requested 39 times
Summary We'll see that a mediate position can be found between what Donnelly has identified as radical cultural relativism (a) and radical universalism (b). Thus, it seems that a cross-cultural consensus can be found on the universality of some basic rights contained in the UDHR, whereas some other articles may be susceptible of cultural adaptation. But in the first place we will examine the position of cultural relativists and its potential weaknesses and hidden rationals
Table of Contents- The UDHR is a Western conception of human rights (the claim for cultural relativism)
- Human rights: a Western invention
- Human rights as opposed to duties and collective mechanisms
- The accusation of cultural imperialism
- The issue of the hierarchy of rights within the UDHR
- The necessary respect for cultural diversity
- Striving for universalism (the defenders of the UDHR)
- The hidden side of cultural relativism
- The accommodation of universal rights in a non-Western cultural context: the case of Islamic countries
- A way out: 'relative universality' and the recognition of basic rights
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