Definition Of Human Rights In Australia

Definition Of Human Rights In Australia
Human rights in Australia
Human rights, defined
Human rights are defined as;
"The universal, inalienable, fundamental moral principles that describe certain standards of human
behaviour, regardless of one's nation, location, language, religion, ethnic origin, or any other status."
In layman's terms, 'human rights' is the concept that all people should have equal rights and
freedoms, simply by virtue of being a human being – through no method of purchase,
discrimination, or excess distribution based upon their personal or physical characteristics.
These rights are delivered in two such 'flavours' – negative rights, and positive rights. These are
differentiated based upon whether either inaction or action is obliged. As such, a negative right is
conferred to a person in the event that someone is prohibited from acting upon that person. For
example, a negative right to life implies that it is imperative that one does not kill another; else they
are breaching this right. Contrastingly, a positive right is conferred to a person in the event that
someone is required to commit an act upon that person. For example, a positive right to education
implies that it is imperative that one is educated; else their right to education has been breached.
Whether a human right is defined as negative or positive depends a great deal in both the
administration and protection of such rights. It is clearly evident that negative rights are significantly
easier to maintain – the society such a right is conferred to simply must acknowledge, and strive
towards, a social system where non–interference is applauded. Positive rights, contrastingly, require
active intervention to achieve. This active intervention almost necessitates a governing body, and
funds raised by this government, to achieve such positive rights. As such, it is often the case that
positive rights (such as a right to education) are significantly neglected in developing societies
around the globe.
Human rights and the Australian Constitution
Unlike most similar liberal democracies (most exemplary, the United States of America), Australia
has no bill of rights to protect human rights in a single document. Instead, these rights are found in
common law precedent and
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Use of International Law to Protect Human Rights
1. Introduction
Treaties are the highest source of international law besides jus cogens norms that have binding effect
on the parties that ratify them.2 International human rights treaties rely on the "name and shame"
mechanisms to pressure states to improve practices.3 However with "toothless" international human
rights norms, moral coercion is not always effective. An empirical study conducted by Professor
Oona Hathaway assessing the effect of human rights treaty ratification on human rights compliance,
maintains in its findings that ratification of human rights treaties has little effect on state practices.4
States do not feel pressured to comply and change their practices, rather, signing treaties is "more
likely to offset ... Show more content on Helpwriting.net ...
The question as to why States continue to set up international institutions and ratify treaties remains
unanswered and is an ongoing debate. Gerb Oberleitner notes that:
with idealists and neoliberals pointing out their significance and necessity, functionalists invoking
their usefulness, institutionalists and constructivists asserting their influence, realist being skeptical
about all that, and normative theories dissecting their foundations, there is no shortage of analytical
engagement .20
Kenneth Abbott and Duncan Snidal reject that any of the above theories give any insight as to why
States use formal international organizations to advance
human rights.21 While opponents of international law argue that it is all "mere window dressing."22
According to Hathaway, States ratify treaties symbolically to show other States that they accept the
principles of human rights but they rarely change their practices because of their obligations in the
treaty.23 Based on a study of the ICCPR, Linda Keith argued that, "it may be overly optimistic to
expect that being a party to this international covenant will produce an observable direct impact".
24These findings raise the question as to whether human rights law regime is at all effective in
protecting individual human rights. Whether the lack of adherence to human rights obligations
indicates

The Effectiveness of the International Criminal Court Essay
There is a close relationship between human rights and criminal law. The scope of my paper will
surround human rights and the International Criminal Court (ICC) in addition to human rights and
international crimes. International criminal justice in this context speaks to those interested in
prosecuting against the background of international human rights and humanitarian norms. The use
of criminal law has many positive effects and pursues many goals that are worth considering. For
example, deterrence, accountability and punishment are important principles that will be discussed
in the context of human rights. Is the International Criminal Court an effective method to promote
and protect human rights internationally? If so, why and how? ... Show more content on
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To support my argument, I will first discuss the evolution of international criminal justice and the
ICC. Then I will address my three subsidiary arguments. First, I will argue that the International
Criminal Court is effective because it increases accountability of human rights violators. Secondly, I
will argue that the existence and use of the court increases disapproval and deterrence which
protects human rights making the ICC effective. Third, I will argue that the International Criminal
Court is effective because it allows for a universal standard of acceptable and unacceptable
behaviour as well as transcends and empowers national jurisdictions. Finally, I will address the
counter argument and conclude.
The Evolution of International Criminal Justice and the ICC
The evolution of international criminal justice is important to consider. Two ad–hoc tribunals, the
International Criminal Tribunal of Yugoslavia (ICTY) and the International Criminal Tribunal of
Rwanda (ICTR), have facilitated the adoption of the ICC. The ICC came into existence on July 1,
2002. The court operates on the principle of complementarity which means that the court does not
function unless a state in question is unable or unwilling to investigate and, if warranted, prosecute
for one of the covered crimes. Whereas the ICTY and the ICTR had primary jurisdiction and could
supersede state action, the ICC only has the aforementioned

The Importance Of Human Rights In Estonia
Human right are the specific rights that are inherently instilled to all human beings regardless of
their nationality, sex, national or ethnic origin, color, language or any of feature that other may try to
segment/discriminate them into a defined category. The united nations holds these rights to the
utmost extent and realizes there are many countries where these rights are being infringed upon.
There are international human rights laws that try to protect the people and it has been reiterated
numerous times. However there is still much needed to be done to improve the status and standard
of living of the people that do not have the opportunity to hold all of these rights.
This paper will focus on my delegation country which is Estonia and we will explore human rights
through perspective and their stance on this subject. We will also explore the popular opinions of the
people of Estonia and how they value and interpret human rights. Estonia acknowledges human
rights and are generally respected by the government. However, there are concerns such as the
police's use of force, child abuse, and detention conditions. In terms of quantity, as of 2010, there
have been 23 judgment cases brought against Estonia and in 19 cases there was at least one violation
relating to human rights. A major human rights problem in Estonia is the is large population of
Children that are Statelessness. "When Estonia gained independence in 1991, the government
adopted strict citizenship

Human Sex Trafficking Is an Epidemic Growing Worldwide
Human sex trafficking is an epidemic that has been continuously growing by the minute worldwide.
And is the most common form of modern day slavery; slavery today and 200 years ago share the
same notion. Around the world there are 12.3 million people being sold into the human sex
trafficking industry(caeact.org). It mainly deals with women along with some men and young teens,
typically young girls, who are around the age of 16 being used essentially as prostitutes and being
sold to random people on the black market worldwide. This problem has grown tremendously over
the years because it's hard to catch those who are in charge of this business in the act especially
when the business keeps getting bigger by the second. The policy problem with this policy issue is
no one knows exactly who is a victim of human sex trafficking so it's hard for authorities to spot
him or her. Although there are programs that help authorities identify such victims the fact of the
matter is those who are at the head of this ring are often more than one step ahead of everyone else.
This problem typically exists most predominantly in areas such as Europe, France, and Africa. One
of the main causes of this issue is the fact there are many helpless men and women in the street
believing they have no other way to survive hence they are approached by criminals who are taking
advantage of their vulnerability. By telling them about all the benefits they would receive by
participating willingly in

The Framing Of Our Constitution
Sovereignty, it seems like a simple idea, each country is an independent nation which is governed by
its own political system (Shaffer et all, 2012). We as Americans take it very seriously and hold it in
high regard. The framing of our constitution is a story every American child knows and our rights
have been upheld at great costs. Historically, America has been quick to defend our borders and at
times held a very separatist point of view. However, the globalization of the world after World War
II (WW II) has not only changed our perspective but also in some ways forced our hand. We have
become an example to the rest of the world of what a capitalist society looks like. To many the
United States represents an example of what can happen with small ideas in a free market, the
American dream. We are a developed nation that has become a world power. So do we therefore
have the right to reach out across the world to other sovereign nations and impose our opinions and
our version of justice on them? Breach of sovereignty is what leads to wars and it has negative
effects on global trade. The breaching of a countries sovereignty is in and of itself a breach of
International law (Curran 77). Countries are less willing to conduct business with countries that
impose upon other nation's borders and political systems, thus interfering with the international
market. Furthermore, does America have the right to regulate independently owned organizations
that are not operating within

The Marriage Act ( 1949 )
According to the Marriage Act (1949), it provides for the restrictions on marriage, stating thus: "A
marriage solemnized between persons either of whom is under the age of sixteen shall be void "
Section 6 of the Marriage Act (1970) also requires that the marriage of any person under the age of
eighteen must be with full consent .
Section 11 of the Matrimonial Causes Act states thus:
Nullity
(11) Grounds on which a marriage is void. A marriage celebrated after 31st July 1971 shall be void
on the following grounds only, that is to say:
(a) that it is not a valid marriage under the provisions of [F11the [F12Marriage Acts 1949 to 1986]]
(that is to say where:
... (ii) either party is under the age of sixteen ...
It can be said that the lack of capacities and defective formalities which are known to the parties,
makes the marriage incurably void and not appealable (as in the case of a voidable marriage which
can be appealed) .
The Children's Act (2004) provides thus:
The Children's Commissioner is to be concerned in particular under this section with the views and
interests of children so far as relating to the following aspects of their well–being–(a)physical and
mental health and emotional well–being;
(b)protection from harm and neglect;
(c)education, training and recreation;
(d)the contribution made by them to society;
(e)social and economic well–being .
The Children and young Persons Act (2008) also makes similar provisions for the wellbeing of a
child to be the duty of

Essay about Understanding Kissinger’s Actions Toward Chile
Understanding Kissinger's Actions Toward Chile
Can an individual influence foreign policy? Based upon the eight years that Henry Kissinger was the
Secretary of State it is clear that an individual can (Starr 466). It has become apparent through
recently released classified documents that Kissinger played a large role in allowing the brutal
Pinochet dictatorship over Chile to take place and allowed massive human rights violations to
continually occur during the Pinochet regime. What is continually being attempted to understand is
why Kissinger acted as he did towards Chile. The goal of stopping the spread of communism to
Latin America is obvious in Kissinger's actions, but why allow Pinochet to continue to receive
United States ... Show more content on Helpwriting.net ...
"Kissinger's passion for stability, balance, and order is supposedly derived from his firsthand
experience with the tragedy of upheaval and the desire to prevent it from recurring" (Starr 477–8).
This is apparent in his foreign policy actions that consistently show an attempt to create "world
order" (Blumenfeld 68).
When it became apparent that Chile might soon have a Socialist President the fear of a communist
domino effect caused Kissinger's feeling of order in the Western Hemisphere to be broken.
Therefore he supported Pinochet, who despite his terror driven domestic policy, created stability
systemically by eradicating communism (Starr 477).
"Kissinger, more than most, would agree...that disorder is worse than injustice" (Blumenfield 68–
69). In the realist mind of Henry Kissinger the domestic issues of a country are not necessary to
consider. Pinochet's human rights violations are pointless to care about in the anarchic, Darwinist
world in which Kissinger lives. "A general theme in analyses of Kissinger is [his] early
experience[s] forged his basic philosophic belief that the world is a place where the forces of chaos
constantly battle the forces of order" (Starr 477). Kissinger's protection of Pinochet, who jailed
thousands of citizens without just cause, was acceptable to Kissinger because Pinochet's power
helped to stabilizes political order in Latin America. Preventing human rights violations would be a
concern to many

The International Human Rights Regime Has Its Weaknesses...
Ram Chadha
HR Final Exam
The question that states that the international human rights regime does not have a hard enforcement
mechanism and until there are serious consequences to violations, states won't comply with human
rights is a topic I happen to disagree with. I realize the international human rights regime has its
weaknesses and flaws. However, these weaknesses are due to inescapable aspects of our disordered
global society, especially the principle of state sovereignty. At the end of World War II there was a
change in the internationals view towards human rights. In spite of the large human cost of their
failings, these enforcement mechanisms are fit for a purpose and that the strongest enforcement
mechanism is simply the fact that human rights are codified in international law. When discussing
the topic of compliance and legal strength of human rights instruments and tools, we are talking
about nation states. To support my claims we can look at the UN Charter– based enforcement
mechanisms. There are two types of these instruments: declarations and conventions. Declarations
are not legally binding but do have political impact. Conventions are legally binding under
international law. Both declarations and conventions can become expected international law over
time, which makes them universally legally binding. A further characteristic is made between
mechanisms for human rights protection. They are known as global and regional. The legal
instruments

Human Rights : International Organization, Flexible...
Thesis: Millions of Syrian refugees are being hunted and displaced from their homes, while the
majority of the world closes their blinds from this present day massacre. Resolving the Syrian
refugee crisis is a complex and daunting task, but the future of their lives rest in the palms of our
hands and it is our moral obligation to interfere and aid the innocent.
Article #1
Goldenziel, Jill I. "Regulating Human Rights: International Organizations, Flexible Standards, and
International Refugee Law." Chicago Journal of International Law 14.2 (2014): 453–92. ProQuest.
Web. 5 Apr. 2016.
In "Regulating Human Rights: International Organizations, Flexible Standards, and International
Refugee Law," Jill Goldenziel discusses possible solutions in further improving how refugees are
currently handled. Currently there are international laws and treaties which enforce numerous
details. This includes who can qualify as a refugee, how they can legally become considered a
refugee, and which rights they will obtain after they pass all the hoops and ladders and "gain" their
refugee status. All of these laws, treaties, and proceedings are typically handled by the UNHCR
(United Nations High Commissioner for Refugees). The UNHCR essentially acts as a middle man
between these laws and the countries who fund them (i.e. the U.S., E.U., etc.) and those countries
who infringe upon human rights (Goldenziel 453–92).
Goldenziel points out flaws in how the refugee crisis is handled and suggests

19th Century Dbq
8.0 The accomplishment of the nineteenth century a) The achievement of the nineteenth century was
result by lawyers internationally becoming less concern that brought the invasive ascendancy of the
dogmatic positivism over intercontinental lawful writing in general. b) The legislation was also
present in that domain across the world. c) The finale of the nineteenth century intercontinental law
makers and the development of parliamentary fashion negotiation and contract sketching arrived
with Hague Peace Conferences (HPC) in Europe. d) The nineteenth century was in fields of the
nonviolent resolution of conflicts. 9.0 The Twentieth and Twenty First Centuries (1919– ) The inter–
war period Many people now apprehended that nothing less of an enduringly accessible
administration donated to the protection of serenity would be sufficient to protect future terrible
warfare. The American President Woodrow Wilson was the outstanding representative. The results
of their labor were to establish League of Nation that had a Covenant was planned out in the
Versailles Treaty of 1919. 9.1 The league and its supplement The league was a ... Show more
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This was a product of the 1930 conference that was convened by the League of Nations which was a
body charged to restore international peace and security during the post first world war period. The
conference was very instrumental in the clarification of issues that majorly touched on the element
of nationality. The American states advanced further initiatives in various fields such as the
convention on the rights and duties of states in the year 1933 something that many of the members
in the legal profession termed as the canonical definition of state for legal purposes. In the same
spirit, the American states also concluded conventions on civil wars, maritime neutrality, extradition
and

The Constitutional Law Is Not The World Constitution
Writing in 1758, Emer de Vattel explained: "The fundamental law which determines the manner in
which the public authority is to be exercised is what forms the constitution of the state."
Extrapolating this concept to the international political process, the bulk of the most important
norms which regulate political activity and relationships in the global polity could be called an
international constitution.
However, an international or global constitution cannot be gained by simply scaling up a typical
state constitution. The term 'constitutional law' is preferred over 'constitution' to highlight that this
body of law is not codified in one single document, but is dispersed in various treaties, soft law
texts, and customary law. The U.N. Charter is not the World Constitution. Global constitutional law
is a subset of international rules and principles which are so important that they deserve the label
'constitutional'.
Following the destruction and devastation caused by the Second World War, there appeared to have
dawned on the international plane a clearer realization of the importance of the fundamental rights
of all human beings and of the role of the international organizations in upholding and enforcing
them. It is interesting how the emergence and growth of India as a new state and as member of the
comity of free nations of the world coincided with the building of the United Nations and its
agencies and organs. Also, the drafting of the fundamental rights in the Indian

International Law
The Role of an Individual in International Law
Student`s name:
Institution of Learning:
The Role of an Individual in International Law At a glance, one may assume that individuals do not
play a significant role in international law. International law may seem too broad to encompass
individuals in any society. This is because that international law has no jurisdiction. It applies
regardless of the local jurisdiction sometimes even overriding local legislation. Courts may use
international law to pass judgement on tricky cases. However, individuals play a significant role in
international law. International law focuses mainly on the individual. It ensures that individuals get
justice mostly in situations when the national legislation ... Show more content on Helpwriting.net ...
What is critical to note is that state sovereignty is far much different from individual sovereignty.
State sovereignty is more concerned with the formation of a state after the struggle for
independence, while individual sovereignty is a result of struggles for recognition of various human
rights of individuals, whether nationally or internationally. Therefore, individual sovereignty leads
to respect and recognition of the individual, which is the fundamental maxim of any modern day
society. Legal positivism has various features that are critical in any legal system that forms its basis
on the rule of law. However, law – especially – international law is not static, complete or
unequivocal. The law keeps undergoing changes to enable it fulfil the social function of the
community. The modern day international legal order has a system of values that have the backing
of majority sovereign states. Treaties like the Universal Declaration of Human Rights, UN Charter,
and other treaties for peaceful resolution of disputes express the system of values of international
law.[5] However, it is essential to note that international law is not the source of these values.
International law has incorporated these values for the assurance of the treaties. Principals of
humanity and justice form the foundation of the entire legal system. Elementary considerations of
justice form the echelon of

Summary: Memo To The President Portfolio
Memo To The President Portfolio
The United Nations Declaration of Human Rights outlines some of the many rights possessed by
every human. Three of these being: equality under the law, freedom of thought and freedom of
expression. All three of these rights are recognized in the U.S. constitution and as American citizens
it is our duty to uphold and protect them.
The American Bar Association (ABA), Human rights first, and Amnesty International, are three
executive agencies that have helped greatly to advance human rights. I believe that these three
agencies have sufficiently proven themselves worthy with ample accomplishments that support your
allocating funding for them to continue helping the goal of human rights around the world.
The American Bar Association is a voluntary association of lawyers and law students, which is not
specific to any jurisdiction in the U.S. The association has the important role of setting standards for
law schools and formulating ethical codes related to the legal profession. The American Bar
Association, though it may not target the issue of human rights directly, still affects the cause a great
deal. ... Show more content on Helpwriting.net ...
The Rule of Law Initiative is a public service project that is dedicated to promoting rule of law
around the world. This organization believes that rule of law promotion is the most effective long–
term antidote to the pressing problems facing the world community today, including the issue of
human rights. Essentially, if good laws are set in place and people follow them, then the issue of
human rights would be nearly nonexistent. This organization is dedicated to seeing the instillation
and execution of good laws that will protect and serve the public as a

Self-Driving Car Ethical Dilemmas
The idea artificial intelligence has been a pursuit of humankind for centuries yet the field has made
great strides in the last 50 years. Many ideas of killer robots have stemmed from such works of
science fiction as Isaac Asimov's I, Robot when in fact, robots and artificial intelligence has only
begun to make our lives easier, although, its progress has reached a great hurdle. The key
fundamental flaw of artificial intelligence is the ability to make ethical decisions that we, ourselves
would need to make if we were in the its situation, and to put these human principles into code, has
proven an arduous task for both roboticists and ethicists alike. Two of the greatest dilemmas facing
artificial intelligence in today's society are that of self–driving ... Show more content on
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One Ethical dilemma in American society today in Artificial Intelligence is the conundrum of self–
driving cars. The idea of a self–driving car has been around as long as the first car, the concept of
being able to free yourself up on long journeys and be able to be productive has long been in the
fantasies of not only the American public, but the entire

The Proliferation Of International Human Rights
The proliferation of international human rights treaties and jurisprudence gives rise to new questions
about the efficacy of international human rights law (IHRL) in the promotion of domestic human
rights practices. Scholars have long been skeptical of the effectiveness of human rights treaties given
the absence of clear mechanisms of enforcement (Goldsmith and Posner 2005; Downs, Rocke, and
Barsoom 1996). States may commit to human rights treaties for a variety of strategic or normative
reasons (Simmons 2009; Hafner–Burton and Tsutsui 2005; Risse, Ropp, and Sikkink 1999), but the
extent to which such commitments actually lead to changes in states' practices remains
underexplored. Recent scholarship confirms that human rights treaties can ... Show more content on
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Yet this body of research remains incomplete. Previous scholarship focuses on the relationship
between treaty ratification and rights outcomes, but this emphasis on the relationship between
ratification and compliance obfuscates a more dynamic, complex, and nuanced understanding of the
interaction of law and politics. Indeed, we know that even inadvertent commitments to human rights
treaties can have powerful and sometimes unintended effects (Risse, Ropp, and Sikkink 1999).
Questions remain with regard to the factors affecting the degree to which legal action shapes the
behavior of governments: who engages in mobilization, when do these actors generate social and
legal mobilization, and how do the scope and strategies of these movements affect domestic human
rights practices?
The question at the heart of this dissertation is: Why does an international human rights framework
impact the domestic political efficacy of rights–based mobilization in some cases and not in others?
The number of international human rights conventions and tribunals has increased dramatically
since World War II. This human rights regime now reflects a complex web of rules, norms, and
institutions that attempt to structure the behavior of states vis–à–vis citizens. I seek to explain the
conditions under which international human rights law affects the promotion of rights claims in
democratizing states and the mechanisms by which

The ' Caretaker ' View Of Children 's Rights
This essay will seek to explain what is meant by the 'caretaker' view of children's rights, after which
it's strengths and weaknesses will be discussed.
At first, the 'caretaker' thesis will be described and its specific characteristics, such as 'delayed
consent', will be highlighted. The paper will then move on to discuss the UN Convention on the
Rights of the Child (1989), which will reveal that despite children being granted the right to
participate, under Article 3 of the Convention all of their decisions are still subject to parental
determination.
Afterwards, the weaknesses of the 'caretaker' approach to children's rights will be contrasted against
the framework of the child liberation movement. Most importantly, it will be argued that the
protectionist view displays a misinterpretation of biological factors and their correlation with
maturity and competency (Godwin, 2011). The new sociology of childhood will be referenced to
outline further wrongdoing of the 'caretaker view'. It will be argued that children should be seen as
individuals rather than a group, therefore their capabilities cannot be judged collectively.
Strengths of the protectionist view will be shown through the vast amount of legislation and policy
surrounding children, which still is largely based on protectionist values. Additionally, the paper will
draw on Sue Palmer's book 'Toxic Childhood' to argue against the participation of children.
Overall it can be said that the traditional 'caretaker'

Advantages Of Js Cogens
Many scholars argue that if human rights should be considered as jus cogens but before we delve
into that problem let us define first jus cogens and human rights. Most scholars define jus cogens as
a peremptory norm which the article 53 of the Vienna Convention law us treaties define as "a norm
accepted and recognized by the international community of States as a whole as a norm from which
no derogation is permitted and which can be modified only by a subsequent norm of general
international law having the same character"1. In the other hands human rights is defined by the
United Nation Commission on human rights as "Human rights are rights inherent to all human
beings, whatever our nationality, place of residence, sex, national or ethnic origin, ... Show more
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These rights are all interrelated, interdependent and indivisible. Universal human rights are often
expressed and guaranteed by law, in the forms of treaties, customary international law , general
principles and other sources of international law. International human rights law lays down
obligations of Governments to act in certain ways or to refrain from certain acts, in order to promote
and protect human rights and fundamental freedoms of individuals or groups"2.Now as to the
question if if should human rights be considered a jus cogens, I will qualify my arguments mainly to
the characteristics of a jus cogens identified by Rafael Nieto–Navia which is first the norm must be
a norm of general international law. Second is the norm must be "accepted and recognized by the
international community of States as a whole and Lastly, the norm must be one from which no
derogation is permitted and which can be modified only by a subsequent norm of general
international law of the same character3. Other points include the confusion of jus cogens and
customary international law and other issues pertaining to the topic which we will delve into the
topic as I go

The Issue Of Climate Change
There are many dangers to humankind due to the issue of climate change. These issues can have a
long lasting effect on the world and can cause health risks for humans. Although climate change is a
global issue, it doesn't not affect each region the same. There are many ways that climate change can
affect a particular region or sector. The affects could be an area having less rainfall than usual while
another area could have a surprising high amount of rainfall. In addition to changes in rainfall
consistency, there could potentially be a rapid increase in heat waves. This increase could lead to
strokes, rashes, exhaustion, and cramps. According to some, "Heat waves can lead to heat stroke and
dehydration, and are the most common cause of ... Show more content on Helpwriting.net ...
Tebaldi infers, "By combining future global sea level rise with historic tide gauge water levels at 55
sites, the authors found that for about 1/3 of the areas considered, today's once in a century storm
surges may become once in a decade storms in future" (Tebaldi). Storm surges will endanger
businesses and the structure of the coast. These issues are becoming more and more pressing. As
time goes on the likelihood of certain disasters occurring increases and the safety of the environment
and the people living in it are constantly being threated. The biggest issue is storms not only
happening but becoming frequent and consistent. Since climate change has a direct relation to the
reason for sea level rise and storm surges, it is most important to stop the issue of climate change.
Tebaldi states, "Among these effects are increasingly dramatic storm surges that, combined with
higher water levels, are increasing risk of damage to coastal infrastructure, society, and economies"
(Tebaldi). The risk of a destroyed coastal infrastructure increases when sea levels rise which will
impact tourisms in that specific region, while also endangering the citizens. This will also impact the
economy of that area and decrease its income and citizens will eventually have to adopt a new way
of living. This will subsequently affect the overall society of that region. The US believes that a safe
environment is an extremely

International Law
The Role of an Individual in International Law
Student`s name:
Institution of Learning:
The Role of an Individual in International Law At a glance, one may assume that individuals do not
play a significant role in international law. International law may seem too broad to encompass
individuals in any society. This is because that international law has no jurisdiction. It applies
regardless of the local jurisdiction sometimes even overriding local legislation. Courts may use
international law to pass judgement on tricky cases. However, individuals play a significant role in
international law. International law focuses mainly on the individual. It ensures that individuals get
justice mostly in situations when the national ... Show more content on Helpwriting.net ...
This is because some parties – such as women – had limited rights compared to other citizens of the
same country. One of the rights that young sovereign nations denied women in their territory is
suffrage. However, parties that had limited rights gradually gained their rights albeit after
undergoing long durations of painful struggle.[2] However, the individual still played a significant
part in international law even before the formation of the United Nations. Even before the formation
of the United Nations, there was a humanitarian law that sought to reduce the effects of war on
civilians and combatants. Humanitarian law also had rules that dictated how states should treat
aliens by granting them protection. However, the individual was usually associated with the state of
residence and not regarded as an autonomous entity in international law. During the Second World
War, the link between sovereignty, citizenship and rights that citizens of sovereign states had was
apparent. Sovereign states did not always protect the rights of their citizens, as they did not prevent
other nations from inflicting atrocities on some of their citizens. However, the Second World War
made protection of human rights a core issue of various sovereign states and the international
community. The Second World War led to the formation of many sovereign states.[3] As more and
more states became sovereign, the

Pros And Cons Of Understanding Human Rights
1.1.1 Understanding Human Rights
Human rights are considered as universal, inalienable, interdependent and indivisible Thus, Human
rights are inherent entitlements that belong to every person as a consequence of being human
(ULAED extracted XXXXX). They are expressed in treaties and other sources of law at the
national, regional and international levels (NGLS 2008).' A series of international human rights
treaties and other instruments adopted since 1945 have conferred legal form on inherent human
rights and developed the body of international human rights.
States Parties have specific obligations to respect, protect and fulfill the rights contained in the
conventions (UNDP 2005). Failure to uphold obligations and duties create violation of IHRL and
IHL. Such violation requires remedy, particularly the legal one.
The Universal Declaration of Human Rights article eight provides that the competent court of the
State is entitled to an effective remedy for violations of the fundamental rights conferred by the
Constitution or the law (UDHR 1948). Likewise, article two of the International Covenant on Civil
and Political Rights 1966 ensures that any person claiming such a remedy is entitled to be provided
by the competent judicial, ... Show more content on Helpwriting.net ...
In Japan a similar Tokyo tribunal was established in order to try Japanese war criminals. In 1993,
after the war in the Former Yugoslavia had begun, the United Nations established the International
Criminal Tribunal for the Former Yugoslavia (ICTY), And, after the genocide that took place in
Rwanda in 1994 the International Criminal Tribunal for Rwanda (ICTR) was

The Appearance Of Human Dignity
2. The appearance of human dignity in legal discourse
The root of the concept of dignity, or commonly human dignity, has a long history. This root began
with the long theological and philosophical history that has many–faceted. Nevertheless, its legal
history is relatively short. As it has moved through its long history, human dignity has been
influenced by different theological traditions. It was also influenced by the views of philosophers
who developed human dignity in their moral and political contemplations. In the twentieth century,
however, the concept encountered a new phenomenon. It brought into the legal world. Then, it
received its momentum in the middle of the twentieth century. From the middle of the twentieth
century ... Show more content on Helpwriting.net ...
The same usage is true regarding the French Declaration of the Rights of Man and of the Citizen
1789 when Article 6 determines " all citizens...are equally eligible to all dignities". Again, the term
of dignities in this article pertains to the privilege and honor that were extended to every citizen.
A change in the legal status of human dignity as a legal term occurred aſter World War I. Several
laws in different countries incorporated the concept of human dignity in their constitutions. The first
constitution that related to dignity seems to be the Constitution of Finland 1919. In the same year,
the Weimar Constitution (August 1919) determined that the organization of economic life must fit
the principles of justice in order to ensure that everyone may lead a life suitable for a human being.
More explicit was the Irish Constitution of 1937, which mentioned "the dignity and freedom of the
individual" in its preamble. Each of the Constitution of Nicaragua (1939) and Constitution of Cuba
(1940) also determined a provision regarding the human dignity of the worker.
The atrocities of World War II, the collapse of Nazi Regime and the human rights movement are the
primary reasons that led human dignity to be adopted in a wide range of legal texts and provisions.
The primary push for this focus on human dignity in the law can be identified in three important
legal documents. Each of these three documents in one way or

The International Covenant On Civil And Political Rights...
The International Covenant on Civil and Political Rights (the Covenant) is arguably one of the most
important treaties in international human rights law. The Human Rights Committee (the
Committee), an independent body of experts established under article 28 of the Covenant are
responsible for monitoring the implementation of the Covenant . The Covenant protects and
promotes civil and political rights of individuals. It is part of the Universal Declaration of Human
Rights, which sets out civil and political rights, as well as economic, social and cultural rights . The
Covenant has 168 State parties that have signed and ratified it . While the Covenant may have
universal resonance – all states have humans making up their population – it has not been wholly
accepted everywhere. In fact, a number of State parties have submitted reservations to the Covenant,
restricting their already limited obligations under the Covenant . This essay will seek to show that
the approach taken to invalid reservations in General Comment 24 is not the established position,
and thus has been criticised. Furthermore, this essay will reason that the approach in General
Comment 24 is not appropriate for human rights treaties and that while invalid reservations to
human rights treaties should be handled differently, the consent of State parties to the reservations
must be respected and not usurped. States are not beholden to anyone but themselves; there is no
supranational government that will have

Human Rights Issues in China
China is known(recognized) (known for having) as one of the oldest civilizations in the world. One
of the oldest known civilizations in China is the Xia Dynasty which began in 2070 B.C.E. Overtime
civilizations adapt with the surrounding world, but China has always been a very independent
nation. One of the most controversial topics that is discussed worldwide being Human Rights, China
has been known(notorious for) to disregarding them, even though there are International Human
Rights Laws. The Chinese government has developed a system of internal laws regarding human
rights, but don't enforce them on their own citizens. As a result of this, the people of China don't
mind. It is an important part of Chinese culture to be very Patriotic and do what is better for the
country and not better for one self. In many other cultures, only a small percentage of the citizens
actually want to be patriotic and do what is better for the country, for example, fight in a war. China
is a developing country lacking much Human Rights Influence. An immense part of culture in China
has been Confucianism. Confucianism has been a part of China's culture since about 500 B.C.E.
Confucianism is defined as a system of philosophical and ethical teachings founded by Confucius
and developed by Mencius. Multiple human rights issues have stemmed from the strong beliefs
behind Confucianism. Look to see what the article says about it. China's human rights issues also
stem from the fact that they have

International Law And Foreign Investment Regulation...
1.0 Introduction
International law has advanced in the field of foreign investment regulation through the
International Investment Treaties. International investment treaties in form of bilateral investment
treaties (BITs) can be understood as an agreement establishing the terms and conditions for private
investment by nationals of one state in another state.
BITs are designed to limit certain types of state action which can be based on legitimate Human
Rights concerns.
This research project tries not only to examine the possible clashes of the different regimes, but also
find an area of convergence.
Following a brief description what BITs are and how the arbitration mechanism work, the paper
presents two examples of human right conflicts in arbitration.
In the next part, the paper analyses how bilateral investment treaties could be designed to better
respect human rights.
Lastly, several questions about if and how broad investment protection weaken the state's power,
and how this affects the situation of human rights violations will be discussed.
2.0 Introduction to the BIT–Regime
Bilateral Investment Treaties are drafted to address a specific circumstance: that of an investor of
one state (so–called home–state) locating assets in the territory of another state (host state).
The treaty is to alleviate the conditions of these investors and their investment. It creates a legal
framework which guarantees investment protection. The remedy provided by BITs is that

Against the Death Penalty Essay
The Death Penalty
Human rights are fundamental rights which every human being is entitled to just because they are
human.
The death penalty is the ultimate, irreversible denial of human rights. It is the cold blooded killing of
a human being in the name of 'justice'. In 1948, the United Nations adopted the Universal
Declaration of Human Rights; in Articles 3 and 5 it states that "no one shall be subjected to cruel or
degrading punishment and everyone has the right to life and liberty". The death penalty violates both
of these fundamental rights.
The United Nations Rights Commission (UNHRC) has passed a resolution calling for all nations
that continue executions, to restrict the number of ... Show more content on Helpwriting.net ...
They are:
– The Second Optional Protocol to the International Covenant on Civil and Political Rights aiming
at abolition of the death penalty, which has now been ratified by 53 states. Nine other states have
signed the Protocol, indicating their intention to become parties to it at a later date;
– Protocol No. 6 to the European Convention for the Protection of Human Rights and Fundamental
Freedoms concerning the abolition of the death penalty, which has now been ratified by 44
European states and signed by one other; and the
– Protocol to the American Convention on Human Rights to Abolish the Death Penalty, which has
been ratified by eight states.
Protocol No. 6 concerns the abolition of the death penalty in peacetime, whereas the other two
protocols provide for the total abolition of the death penalty but allow States wishing to do so to
keep the death penalty in wartime.
A recent study found African American defendants were almost 4 times more likely to receive the
death penalty than people of other origins who committed similar crimes. This inequality breaches
Article 7 of the Universal Declaration of Human Rights, and Article 14 of the International
Covenant on Civil and Political Rights, "All are equal before the law and are entitled without any
discrimination to equal protection of the law". In the

Human Rights And The Rights
"Human rights" is a fairly modern concept, and it is one that has been getting a great deal of
attention here in the early years of the twenty–first century. While opinions differ wildly about what
constitutes human rights, most modern world citizens believe that all people should have at least the
most basic rights. Human Rights plays a role in everyone's life, but not everyone realizes it. It's
involved in every comment you make that includes someone different. Every near discriminatory
"joke" you say. It affects people, even if it doesn't affect you. Human rights means being able to hold
hands with the person you love, work where you're qualified to work without your skin color or
sexual orientation being the reason you can't; it means having the right to be human, making choices
and mistakes. The doctrine of human rights was created to protect every single human regardless of
race, gender, sex, nationality, sexual orientation and other differences. The international community
established international human rights laws that lay down the obligations of governments to respect,
protect and fulfill human rights. Throughout this essay I will correlate current news that have an
emphasis on human rights to the ancient past.
The San Bernardino mass shooting that occurred on December 2nd has all Americans panicked and
worried. According to Los Angeles Times, Syed Rizwan Farook and Tashfeen Malik, a married
couple, opened fire at a holiday party at the Inland Regional Center in

Human Rights And International Law
Human rights and international law are part of the global society. However, that was not the case in
nineteen forty–five, these norms were to start to have to mean in the global society. In the last
seventy years, has seen the development of trans–national movements for human rights and the
building of international law. For international relations theories of realism, liberalism, and
constructivism take different approaches to the development and continuation of these norms. Of the
three theories constructivism, best explains the development of human rights and international law,
and how these norms will continue in the next ten years.
Realism
Realist argues that states use human rights to their benefit, and to make themselves more ... Show
more content on Helpwriting.net ...
This supports realist 's argument that international law simply is a tool for the power and that it
represents the global balance of power. States are not influenced by constraining of international
laws. States only create laws that are the ones they will enforce, rather, the underlying motivation
for a state is their own self–interest and power relations.
Realist has some valid points to view human rights and international law, however, it does not fully
connect the relationships that are solo not part of the state. For example, on the issue of the lack of
enforcement realist disregards the importance of Non–Governmental Organization, that help with
enforcement of treaties. A recent case of this is Amnesty International report of the mass hanging
and torture in a Syrian prison. States, also know that conquests of their actions. When states sign
treaties, they know that they are giving up their sovereignty, and if sovereignty is the most important
for states, why to put it at risk. However, this does not account for the ability and want of non–
global powers to at in international law, through an organization like the United Nations. As well a
lesser power to be part of the Security Council. Of the other theories liberalism, and constructivism
held the non–state actor, and treaties with better reasoning. Liberalism It 's is central to the argument
of liberalism that human rights have allowed for states cooperation and

Differences Between International Law And Human Rights Law
Both international law and human rights law work towards establishing some grounding to maintain
a sense of peace within and between nations. However, they also have differences between them
such as what their regulations apply to, and how they are applied. The main differences between
international law and human rights law is that one is intended to govern the relations between
independent states, whereas human rights law are intended to maintain the standards without which
people cannot live with respect to themselves. As written by scholar Celina Romany in her text
called "Women as Aliens: A Feminist Critique of the Public/Private Distinction in International
Human Rights Law," neither international law nor human rights law are likely to recognize, secure
or actualize human rights for all humans. In her text, she particularly addresses women and how
they are the "paradigmatic alien subjects of international law". This statement can be reinforced by
various aspects of systemic inequalities that women face, thus proving the insufficiency of human
rights law in recognizing, securing and actualizing all human rights for all. Both international law
and human rights law are subject to similar organizations and actors such as states, international
organizations, multinational corporations, and more. The sources of the laws formed by both are
also similar for they include but are not limited to treaties, conventions, and principles. Human
rights laws have been defined by the

Exposure Of A Global Education Through The Semester At Sea...
Exposure initiates a call to action. My exposure to a global education through the Semester at Sea
circumnavigation voyage sparked a passion for social justice and international human rights which
inspired all of my professional and academic aspirations. The four months I spent encountering
diverse cultures around the globe introduced me to people bound by constraints that forced them to
make sacrifices rarely required in the United States.
In mid–February, we ported in Accra, Ghana for three days. Dirt coated my skin and aromas of
smoked fish, sewage, Cayenne pepper, and fresh peanut butter engulfed my senses as I played with
four year old Mariama. In the center of the Makola Market, we played hide and seek and danced to
music only we ... Show more content on Helpwriting.net ...
I traced my fingers over walls that imprisoned thousands of people herded and auctioned as animals.
Whether by the acrid smell of the subterranean dungeons or the injustice of it all, I struggled just to
keep breathing. One concrete wall housed a quote. It read, "Until the lion has his historian, the
hunter will always be a hero." That evening, I watched Ghana fade into the horizon and I decided to
dedicate my life to the pursuit of social justice.
Exactly one month later, I stepped out of a white Honda in Jaipur, India, to meet my host, Amit.
Over homemade Basmati rice and Masala tea, Amit shared that years earlier he had left his village,
and had a relationship with a woman in a lower caste. Amit's father insisted that Amit end this
relationship and agree to an arranged marriage with an appropriate woman. Amit agreed. I asked
Amit how he felt about the arranged marriage. He spoke highly of his wife and said his father knew
best. I met Amit's father and his family when he invited us to visit his village. In order to reconcile
my aversion to the caste system with the kindness of Amit's family, I suspended my pre–conceived
notions about right and wrong and examined the nuances of traditional practices within their specific
cultural context.
The Semester at Sea voyage crystallized my passion for social justice and international human
rights. Fueled by that

Gender Violence Sparknotes
Sally Engle Merry's book, "Human Rights & Gender Violence: Translating International Law Into
Local Justice," attempts to show the relationship that exists between international rights and local
culture. She tries to express the way in which local government complicates the issue of gender
violence on a local level in regards to the norms that have begun to take shape on an international
level. While internationally, a precedent on the manner in which gender violence should be
approached has taken shape, it is rather difficult to assimilate these norms into local cultures as it
may contradict the values and traditions of particular local groups. Sally Engle Merry takes this
issue and shapes her thesis: considering the importance of ... Show more content on Helpwriting.net
...
There are social and political situations that need to be approached differently; there is no one size
fits all. So that is the problem that Sally Engle Merry highlights in this book: how do we solve the
disjunctures between global law and local justice? She introduces the CEDAW Committee in order
to illustrate the way in which human rights mechanisms attempt to solve the problem, but ultimately
struggle to overcome such challenges. CEDAW is critical of oppressive acts against women and
attempted to chastise both India and Figi for using traditional means of reconciliation in order to
amend rape charges, but while CEDAW actively voiced such opinions for justice, there was a flaw
in the case they made. They failed to recognize the the local political context, acting without regard
to the politics of the local area. Sally Engle Merry then contrasts CEDAW by bringing up the
feminist activists who work on a local scale, taking into consideration the local conditions. Their
approach differs from CEDAW. Rather than being quick to reprimand and force down international
law, the feminist activists try to improve the situation for women by evaluating how certain
translations would be received by a culture and how to minimize the tension that would arise in the
event of clashing beliefs. Sally Engle Merry wants big committees like CEDAW to work with

Universal Human Rights And The International Legal System
Up until this point, I have steered clear from a prescriptive theorization of human rights and
maintained a descriptive stance in which I have offered the naturalist description on the way in
which we come to think of universal human rights and moreover, offered an explanation which
confronts the problems of relativism that arises on the subject matter. Now I will attempt to give an
account on how all things considered in the first two sections of my paper, we ought to think about
universal rights relative to the international legal system. My analysis here will be two–fold. First, I
will begin by suggesting that it may be useful to revise our conception of universal human rights so
that we may sever its connection with the absolutism vs ... Show more content on Helpwriting.net ...
This is compatible with Buchanan's view in which he suggests that "it is misleading to think of our
understanding of human rights and the attempt to implement them in a legal system as entirely
independent." (Buchanan, 119). Thus an understanding of universal human rights must be reflective
of the legal regime that upholds such rights. The use of human rights by the legal system itself is
justified when it plays some role in attaining some end which achieves an objective value. For
Buchanan, human rights provide the means for the "conditions for a good human life" (Buchanan,
128). I agree with Buchanan that the importance of living 'a good human life' serves as a worthy end
that holds objective value for all human beings. Thus, if human rights correspond to this end then
they can be justified within the legal system.
However, although we may be quick to accept the first premise that the objective of human life is to
live a good human life, we may be less accepting of the second premise that human rights actually
provide the means for living a good human life. In other words, we may run into difficulty
establishing that the human rights actually recognize and respond to the end established in premise
one. Thus, this is where Buchanan's assertion

International Law Changed During Post Wwii New World
International Law profoundly changed in a post WWII new world order in which the world was
forced to face one of the most disturbing and difficult conflicts in its history. Regions across all
frontiers were affected by the spread of nuclear weapons, genocide, tyranny and other manmade
strategies to deflect the stability and tranquility of a once calmer and more serene world. Institutions
such as the United Nations were devised after the end of a war that convinced nations that what
happens around the world affects each and everyone living in this planet; thus, the surge of the
Universal Declaration of Human Rights and the charters composing it. For the first time we began to
look at an individual for more than their country of origin or ... Show more content on
Helpwriting.net ...
The United Nations charter on human rights expresses the idea that states should attempt to protect
and explicitly defend all fundamental freedoms of individuals worldwide. Nations such as the
Netherlands and the Swedish have formulated an international culture on the observance of human
rights; therefore, the public push on humanitarian intervention is greater due to the embedded
importance they have given the individual. The rights of individuals have become part of customary
international law and fall under the recognized jus cogens laws (Orakhelashvili, 2000). Moreover,
efficiently separating the responsibility that states owe their citizens domestically as well as the duty
that states maintain under international law to protect the international community, has ensured
lesser instances of human rights violations. It is only when the international community becomes so
focused on domestic disputes within their own borders that genocides such as the Srebrenica and
Rwanda occur. If it were not for the Dutch in the case of Srebrenica hundreds of people would have
lost their lives based on theological differences between their ethnic minority and majority. The
U.N. Security Council acts as an intermediary to solve situations in which the violation of the rights
of individuals has become so broad that it begins to negatively affect

Examples Of Cultural Relativist
Introduction
This journal chosen is Cultural Relativist and Feminist Critiques of International Human Rights –
Friends or Foes? By Oonagh Reitman (1997) discuss about the similarities between two critiques of
international human rights, Cultural Relativist and Feminist. The journal highlights comparing the
Cultural Relativist and Feminist of Human Rights. In further, we can see these critiques, the Cultural
Relativist and the Feminist have come to oppose each other world of women's international rights.
In the cultural relativist critique, the critique is made of the claim that human rights are universal,
that human rights are those held simply by virtue of being human and whose substance, form and
interpretation are not subject to variations in culture. But, in the cultural relativist reject this claim,
because cultural relativist claim that the source of human rights is culture, and since the ... Show
more content on Helpwriting.net ...
We can see the reservation from the emergence ratification of the Convention. The ratification was
women can be able to work towards the goal gender elimination. But, although there is ratification,
still there is resistance from the reserving state to exempt to having comply part of the document.
The resistance comes from varied nature based on religious law and customary practices.
The cultural relativism also gives negative impact in the implementation women's human rights. The
cultural relativism can sees as the obstacle on the protection of women's human rights. To explain
cultural relativist as obstacle, it needs to distinguish between obstacle of the women's rights who are
citizen of reserving states and those who are not. But, both of them, the resistance from cultural
relativism also based on religious objections. For those reserved states will affect to weaken
women's rights. Because they still to cling their value cultural

Definition of Human Rights Across the Globe
Human rights is implicated as a worldwide significant right obtained by which an individual is
genetically categorized as a human being. Thus, human rights are comprehended as a national and
international right, claiming that each anthropomorphous being is considered an equal including
equality for gender, race, and religion. These rights may be obtained by natural or legal authority,
depending on territory, religion, national and international laws according to courts assuring that
they are constructed in order to protect the freedom of every individual. The principle of human
rights in international law, practice, unauthorized government organizations and regional
foundations has been a public concern across the world. However, despite ... Show more content on
Helpwriting.net ...
The government is constantly acknowledged by the fact on how beneficial it is for individuals who
are in need of protection of their own rights. For instance, universal courts pass national and
international laws and strict national courts are willing to investigate issues that interfere with
human rights. In addition, according to "National Investigations of Human Rights Between National
and International Law", Roee Ariav discusses in his article the relationship between national laws
and international laws involving the violations of human rights. The article states the responsibilities
for international law and that the violations of rights are investigated before issues are considered
upon. Ariav states what the violations of human rights law are thought as "to be virtually
uncontested and self–evident" (Ariav, 2012). Ariav later discusses the development of human right
courts and the relationship that consist between national and international courts and their
importance. According to Ariav, the relationship between international and national courts is
beneficially mutual because both bodies of law are able to contribute with each other, which makes
it able to be "a better protection of human rights" (Ariav, 2012). In addition, without human rights
laws and courts, many civilizations could begin to protest if the upper authority violates the rights of
individuals. For

Transnational Corporations And Human Rights Violations Essay
Introduction
This essay's thesis is that there is currently a lack legal apparatuses that can be used to hold
transnational corporations liable for human rights violations; specifically violation of labour rights.
This paper seeks to discuss various legal instruments that are applicable to transnational
corporations and human rights violations. It will also provide theoretical framework for
understanding the nature of human rights and legal framework of labour laws. This essay will
address the following questions: What is the legal status of transnational corporations? How can
current legal apparatuses be used to hold transnational corporations accountable for human rights
violations? This essay will also consider the case of human right violations by Nike Corporation in
order to show that external pressures can produce development and accountability.
2. Transnational Corporations
Current legal mechanisms of accountability fail to account for the fluid nature and power of
influence that transnational corporations possess. Transnational Corporations are not static in nature
and have tremendous economic and political influence over government policies. These factors
result in a lack of due diligence for transnational corporations to uphold human rights. TNCs are
economic and legal entities. In theory, TNCs are subject to the law of a country, to the jurisdiction of
its courts, but often this is abandoned by the government of countries. TNCs have tremendous
influence

Human Rights And International Law
In order to understand the ASEAN Political and Economic Integration, it is crucial to understand the
issues that happened surround ASEAN, particularly to Human Rights and International law issues.
With regards to human right issues, the question is whether the ASEAN way is still working or
ASEAN should start moving and interfere when the issue involves Human Right. This chapter will
study how ASEAN state members solve problems when in relations to Human Rights and
International law. It will discuss whether ASEAN can provide solutions on these problems or active
passively on these issues. This chapter argues that ASEAN failed to provide any solution to the
international law conflicts as well as human rights issues that happens in the ... Show more content
on Helpwriting.net ...
Most of these cases are usually handled by International Arbitration or International Court. ASEAN
rarely gets involved due to their non–involvement principles. Many had seen this as a failure within
the region and had even labelled ASEAN as toothless and lacking of clear mandate (Gil, 2014).
In this article, it will use the case of Singapore and Malaysia in studying how ASEAN solve
international law issues mainly, related to borders and boundaries among ASEAN state members.
Singapore and Malaysia had always have a unique relations among them. This is due to factors such
as geography, history, politics, ideology, economy, culture and ethnicity as well as interdependence
with each other with regards to economy and security (Omar, n.d). However, due to these unique
relations conflicts and tenses sometimes occurs between the two countries.
One of the conflicts that occurs between the two countries is the conflicts with regards to Pedra
Branca (previously known as Batu Puteh). It is an island that is located 8 miles from the shore of
Malaysia and 28miles of the shore of Singapore (Omar, n.d). Malaysia had first published a map in
1974 after their territorial sea was extended to 12n.m, it shows that the island was a part of
Singapore territories (Trost, 1993:28). However, Trost noted that the disputes began in 1979 when
Malaysia had drawn a map that

The International Criminal Court ( Icc )
Human rights, a term that has only recently come into a global context, has become increasingly
debated. The International Criminal Court (ICC) has been in motion since 2002 with the purpose of
securing and protecting the rights that have been deemed universal. More specifically, it holds
jurisdiction over "genocide, war crimes and crimes against humanity" (Pellerin, 2016). While its
creation has lead to conflict resolution and justice in many cases, the ICC remains far from perfect.
The limitations of the ICC cannot be blamed solely on the organization itself but more so on the
complexities of international law. Of the many compartments of international law, we can find
human rights and the slippery slope becomes steeper. There has been a trend in political activism in
the past five years to push for the rights of those who belong to the LGBTQ+ community, but
defining what rights need to be protect in domestic and international sectors is very debated. This
essay aims to explain the phenomenon of sexual human rights in international law and how it is still
failing the people of the world, specifically in Uganda. It will explain the processes through the lens
of liberal theory and suggest the next moves the ICC must take to ensure that human rights do not
continue to be pushed to the side. Human rights is a pressing and ever growing field of work. In his
novel "The Heart of Human Rights", Allen Buchanan points out the practice of human rights
involves:
"...human rights

The Appeal Of The Mccain Feinstein Amendment
The appeal of the McCain–Feinstein amendment is its comparatively restrictive nature. In the words
of constitutional law professor, David Cole, with particular reference to the past actions of the Bush
administration, 'the new legislation seems designed to prevent future administrations from
interpreting existing laws to permit what they were plainly designed to prohibit' (Cole, D 2015). In
other words, the amendment approaches the problem from a different perspective in contrast to
previous prohibitions. Rather than expressing a broad prohibition, it restricts interrogators to a
definitive list of approved techniques (Feinstein, D 2015). This approach, thus, essentially avoids
the ambiguity that has become an enduring quality of international human rights law in relation to
torture (Cole, D 2015; Levinson, S 2015, pp. 2017–2018). In succinct terms, if a technique is not
authorised, it is affirmatively prohibited. To this avail, in stark contrast with its predecessors, this
legislation may yet prove to be instrumental in the prevention of torture.
In spite of its acclaimed innovation, critics call attention to the fact that, likewise, the McCain–
Feinstein amendment cannot escape the 'definition debate' that plagues the discourse surrounding
torture. In reference to this, a proponent of this thesis may advance the case of Appendix M.
Whereby, under the circumstance, Appendix M could be conceivably read as permitting 'torture lite'.
The point being, as the proponent

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