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POLISCI a Global Synopsis
For Non-profit Scholar and Academic Purposes & Use
Centennial Diploma & Post Higher Education TransNational Security & Global Finance
Below is an analysis of government structure & open source intelligence or media intelligence
and current issues & how global events shape American perspectives. This document contains
advance geopolitical affairs including a general introduction to political affairs and areas of
Intelligence collection and comparative politics of global political events like human rights and
Intergovernmental Organizations and International governance with emphasis on current
military relations & military & tech affairs with documentation of modern geopolitical history in
central asia, it also includes affairs the history of Sino-Japanese affairs and a documentation of
how Modern government operates also this document functions in terms of relating to third
world reconstruction agenda and how the third world is in need of economic and social
reconstruction.
I. International Law – the common precedent set for
international standards and norms like human rights laws
II. Legislators are representatives of the people that form
the laws that govern a state. Legislators sign and ratify
treaties, conventions, agreements, arrangements,
protocols, covenants, charters and acts to usher in
acceptance of international standards & for submission
to the rule of law set by International actors & sovereign
states & international organizations & intergovernmental
organizations
III. Law of treaties is now set by the 1969 Viennna
Convention on the law of treaties which consist of basic
principles and procedures for acting upon treaties with
regards to binding effects & interpretations
POLISCI a Global Synopsis
IV. Pacta sunt servanda – binding treaties must be performed
in good faith, treaties are binding to state parties like
officials and representatives of the state & their
constituents
V. Sec of state – US Reps negotiate treaties(Senate-House &
subcommittees), reps sign treaties authorization,
executive office signs treaty- treaty in effect
VI. Bilateral – binding among two parties or two groups &
Multilateral – binding among multiple parties or multiple
groups like a defense pack in which parties agree to not
attack or come to the aid of a member pac party in the
event of war
VII. Reservations – exclusions to a treaty as domestic law
permits however international norms like human rights
can take precedent and authority over a domestic law
due to the peremptory significance to which
International Standards hold in relation to civil norms
VIII. Amendments are changes to a set of legal documents
that require signing and ratification by all parties
representatives
POLISCI a Global Synopsis
IX. Protocols are changes or additional provisions that
supplement a previous treaty or replace or support
treaties already in effect
X. Treaties have interpretation guidelines where other
treaties can take precedential effect over other treaties
like in the case of human rights or non violent religious
rights
XI. Withdraw from certain treaties is forbidden like human
rights treaties and prohibition on nuclear & chemical
weapons
XII. Suspension of obligations to a state is valid when
breaches of a treaty or treaties that all parties are
member to in a bilateral or multilateral agreement
XIII. A treaty can become invalidated via the circumstances to
which the treaty was signed
XIV. Suspension of a treaty can come into effect via alteration
of consent
POLISCI a Global Synopsis
XV. UN law registers treaties & recognizes treaties thus
validates treaties for enforceability via office of Legal
Affairs & ratification & signature by member states, the
UN sovereigns nations via being the sole power to
recognize treaties & as the Charter & trusteeship
provision Indicates the UN acts as the governing
authority to recognize state powers
XVI. Public International Law & Private International Law –
Status, Jurisdiction, Property, Obligation & Tort-
Substantive law, procedure law, process law, & remedies
or solutions.
XVII.International economic law, International security law,
International criminal law, international environmental
law, Diplomatic law, international humanitarian law or
law of war, International Human Rights Law
XVIII.Intl’ Econ law dictates law & commerce among nations-
International Trade law which is set by treaties for the
establishment of international financial institutions &
transactions among international parties both private
and public
POLISCI a Global Synopsis
XIX. Regional economic integration, Development law,
commercial arbitration, intellectual property law,
international business law like PCI standards & SEC & FTC
& Trade pac treaties
XX. International security law dictates war affairs like
deployment and certain weapons prohibition, ICC affairs
ICJ affairs, Maritime, Aerospace, & Geo space affairs,
tribunals, anti terrorism,
XXI. International Criminal Law – is the judification of crimes
like terrorism or genocide or crimes against humanity
like attacks and hate crimes
XXII.Environmental law- regulation of geo & maritime zones
like the artics, forest, fisheries, and atomosphere &
oceans 1972 UN convention on Human Environment,
1992 UN conference on environment and development
UNCED which produced the RIO Declaration,,, 1997
Kyoto Protocol and 2002 world earth summit
XXIII.Diplomatic law – the power of authority to grant
immunity or priviliges to state officials or states in
general
POLISCI a Global Synopsis
XXIV.International humanitarian law—regulation of armed
conflict and war – Jus ad bellum – legality of resortion to
war—Jus in bello how states must behave during war
1949 geneva conventions and Geneva convention 1864
XXV. Human Rights law is supreme law authority in regards to
UN conventions and the Charter.
XXVI.International law has three prime sources
XXVII.Custom, International Treaties, General Principle of law,
common law or court precedent, Writings of
International scholars
XXVIII.Treaty law supersedes all state and local laws
XXIX.In regards to controversial cases custom law may at
times supersede old treaties until a new treaty can
subsist or suffice for the case at hand
XXX.Treaties are hard law like extradition treaties or defense
pacts
POLISCI a Global Synopsis
XXXI.Treaties serve to regulate international affairs and
International trade and in pure form serve as the
foundation of ethical praxis in regards to multinational
corporations and NGO’s form of governance & their
constitutions or bill of principles
XXXII.Treaties serve as the foundation to obligations to which
states are obligated to uphold and honor Hence Opinio
Juris Sive Necessitatis or Opiniio Juris
XXXIII.Comity the alliance of multiple nations in praxis of
global commons or precedents like treaties &
international trade pacts also comity in regards to
customary international law like diplomatic immunity for
officials traveling in foreign states
XXXIV.Permanent Court of International Justice &
International Court of Justice & the Statutes here of
XXXV.Jus Cogens or strong law is peremptory, General
Principles of law from jurist doctorates are the
foundation to the formulation of new treaty law and
precedential customary law or global commons
POLISCI a Global Synopsis
XXXVI.Warships are only subject the the jurisdiction of the
territorial waters they are in or the flag to which they fly
XXXVII.State officials cannot be brought before an
international tribunal except in cases of severe treaty
violation like war crimes
XXXVIII.State jurisdiction is superseded by international law
when invoked or involves cross jurisdictional affairs
however local native courts usually hear caes in regards
to family law, real property, private contract of which
can be heard by international arbitrators for dispute
settlements like the international center for investments
and trade disputes. Tho back to local regulation domestic
commerce that does not involve foreign affairs, medical
cases, tort cases, local commerce law that does not
involve international affairs, injury cases, workers comp
cases, estate probate and inheritance cases are generally
handled by local civil courts and state courts like State
Supreme court, Superior court, special courts like
bankruptcy court admin court, junvinile, chancery,
commerce court, estate courts. Also there is local
municipal court in which minor cases and traffic issues
are heard.
POLISCI a Global Synopsis
XXXIX.There are generally four levels of state courts : trial
courts of limited jurisdiction, trial courts of general
jurisdiction, appellate courts, state high courts, the
federal appellate or appeals court and federal
constitutional court and Supreme court , tax and trade
courts & US district courts which handle broadcasting,
civil rights social security and tax issues as well as
interstate commerce like air, rail, & vehicle transit
routes and modes of transit, district court also hears
cases involving securities and commodities and the
regulation of both & regulation of corporate affairs like
SEC filings for settlements in regards to fraud or
commercial tax evasion including international
transactions, Intellectual copyright laws,
telecommunications, treaty law, state to private
corporate regulation and investment disputes however
international arbitration can be invoked according to
international commons that dictate that both parties
must agree to arbitration, however new norms have
taken precedent in which treaty law designates
arbitration as a first measure to dispute remedies in
regards to any party whether it be for workers comp or
estate settlement or corporations filing for losses due to
a state action
Under new legislation all property is federal property that is regulated by treaty
law thus international norms and treaties are the basis to governance in all cases
since new executive orders established under the Obama administration and the
114th congress that dictate these assertions as the law of the globe,
environmental law can be heard before the ICJ and ICSD to arbitrate or judicate
the impact that corporations or individuals have upon the environment and
ecosystem, like for example should oil companies be responsible for
compensating peoples of certain territories for damages to wild life and
ecosystems within the damaged zone
POLISCI a Global Synopsis
1. Hedged Options & Futures Contracts: where by a two parties or more
enter into a contract where the purchasing party agrees to purchase a sellers
assets or securities if it is trading at or above the contracts predicted price or
rather future; hence Futures Contract. Thus in a hedged options futures
contract the purchasing party pays a premium for the option, that guarantees
the purchasing party the right to or not to purchase the assets or securities if
in the event that the performing asset or security fails to reach the contracts
expected trading value or rather if assets or securities future trading value is
lower than the hedged value, however in the event that the asset reaches the
forecasted value, the hedging party is required to purchase the asset or
security as the provisions in the Options and Futures Contract dictates
Economic Warfare
The European Investors in regards to The Chinese Stock Exchange invested heavily opening
hundreds of companies and in pure form boosting the economy to a major distributor level only
to pull out to in effect cause a sell off of Chinese stock and a devaluation of the Chinese Stock
Market and in turn causing Chinese stocks and the yaun to have less value in response the
Chinese PRC party moved to prevent new IPO’s, as an effect causing Chinese manufactured
goods to cost less on the international market. Which is why Chinese investors diversified their
economic portfolios via investing in US Treasuries, & EU Treasury Bonds, and US & EU
companies and in general Foreign stock exchanges with emphasis in general American Midwest
and American Northeast real-estate most notably New York & Utah as are Chinese investors
major investors in US & EU & Central Asian international ports and harbors specifically in the
EU, Iran, and India; all to compensate for the potential Chinese stock exchange revaluation.
An example: Link 9--( para 4) and Link 7 --- Adjacent quote supporting claim--“Chinese firms
have bought stakes in Brazil's electrical grid; they are building steel mills, car plants and a
telecommunications infrastructure in that country. Chinese grain companies are negotiating to
buy huge tracts -- some larger than 600,000 acres -- of Brazilian outback to plant soybeans.
Chinese firms have the inside track on landing a huge high-speed-rail contract. They want to help
POLISCI a Global Synopsis
realize Brazil's gargantuan plans -- estimated at more than $250 billion -- to tap its offshore oil
reserves.”(6)
The European and North American investors increased Mergers and Acquisitions to reduce the
number of publicly traded companies, thus in turn as supply and demand laws dictate the lower
the supply --the higher the demand; and in regards to the number of companies, the supply is less
than it would be without the M&A. Therefore stock prices are higher because there is infused
liquidity from the stimulus or quantative easing, thus giving banks greater purchasing power,
thus greater demand for the limited number of stocks; hence why stocks are at all times highs,
and because the investors and corporations acted to consolidate business capital into a fewer set
of hands via Merging Corporations and in turn with moves that reduce costs via job cutting and
combining cash flows into each corporations unified commercial structure, the corporations were
able to increase the capital value of all US stock. Also with a major treasury bond sell off the US
dollar treasury yield increased in value of which when the federal reserve raises short term and
long term interest rates will cause inflation because the US deficit is too great to make good on
the treasury yields, thus the ROI is inequitable, therefore to counter this asset to equity imbalance
the duties on the capital product & securities sector of the 11 Asian nations must correspond to
the US equity market via harmonizing trade relations or regulations rather and in pure form
enabling a free trade agreement where intermingling GNP of TPP nations can apply towards a
unified duties code that will in turn allow the US and TPP member nations to mutually share
duties and in turn as an effect reduce inflation via mixing goods and services and underlying
securities with the prime effect of sharing the taxable value of all goods in services within the
TPP domain; and in pure form affording to the eleven Asian nations free trade rights to purchase
& sell, or rather trade if you will, US Treasuries and goods and services without tariffs &
conversely enabling the US to purchase & sell TPP member securities & treasuries of which will
increase the value of all TPP goods and services & Securities under a unified free trade code,
thus balancing the Asian gdp inflation rate with the US liquidity Inflation hence harmonization.
An example: “US merger and acquisition activity hit an all time monthly
high” 2015
Thus in turn the Gross Partnership Value will enable the TPP to trade its goods and services with
nations not in the TPP for higher values, as an effect increasing the Net Present value of the TPP.
The same harmonization can be applied to the TTIP as will the value of the Euro will increase
upon when united with the US industrial and Tech sectors, hence a balancing measure that as an
effect will enable US equity markets to invest in European Securities & vice versa for US
Markets. Thus the TTIP in general will increase the trade of goods and services among TTIP
members via duties harmonization and as an extension give the right to all TPP members to
access & invest in the European Market via the US Market.(8) Link 9 (para 10)
Therefore with the implementation of the TPP and TTIP and in pure form the increase in M&A
and in general the US & EU stock exchange trading volume; all hedged contracts will be
executed and all premiums paid on Chinese stocks will be acquired for the premium paid at all
POLISCI a Global Synopsis
Futures Contracts signing. Thus investors who hedged equity into Chinese Markets will attain
Chinese stocks for values less than their expected worth and in pure form for less than what their
trading at at present, all due to the futures contracts that Chinese brokers entered into with
foreign investors; hence the premium option to, when the futures contract matures, acquire
securities and assets at the premium paid value upon which if the securities & assets value are
less than what the futures contract provisions dictates.
1. http://www.eastasiaforum.org/2013/03/24/chinas-strategic-interests-in-pakistans-port-at-
gwadar/
2. http://www.clingendael.nl/sites/default/files/2014%20-%20Chinese%20investment%20in
%20Piraeus%20-%20Clingendael%20Report.pdf
3. https://euobserver.com/china/116537
4. http://epthinktank.eu/2013/05/13/chinas-presence-in-african-ports-investment-across-the-
ocean/
5. http://www.washingtonpost.com/wp-dyn/content/article/2010/07/25/
AR2010072502979.html
6. http://www.washingtonpost.com/wp-dyn/content/article/2010/07/25/
AR2010072502979.html
7. http://rt.com/business/271723-china-freeze-ipo-decline/
8. http://www.iomtoday.co.im/news/business/spotlight-on-all-time-high-for-mergers-and-
acquisitions-in-the-us-1-7301952
9. http://www.fundsglobalasia.com/worldwide-news/14828-european-investors-pull-out-of-
equities-in-october
PRC Exclusive Economic Zone declaration in the High Seas of ocean waters bordering coastal states
Vietnam & Philippines is illegal & in violation of UNCLOS & the Charter Of Economics Rights & Duties of
states. Quoting article 5 of the CERDS which state that limiting the "flow of access to commercial goods"--
in this case natural resources or commodities in the form of raw crude oil of which is a principal derivative
of the goods commercial value & title; fore upon when the natural resource is refined in industrial capacity it
is applicable as a commercial good or product. Thus the PRC EEC declaration is illegitimate by CERDS
treaty law "pacta sunt servanda"
of which the PRC EEC illegitimacy can be-- regarding the PRC's obligations to honor treaty law adopted by
the UN General Assembly-- understood by way of defining "access" to deep sea drilling as a "duty"
to share the responsibility to promote the regular flow and access of all
commercial goods.   And article 6 dictates all States have the duty to
respect that right by refraining from applying economic and political
measures that would limit it.  Thus the PRC are engaging in a geo military
acquisition of a shared resource or commercial good, a shared good or
commodity of which is intended to "assist in the promotion of sustained growth
of the world economy".& the PRC are therefore blocking access to a shared
good & are "limiting" multiple developing countries economic development,
POLISCI a Global Synopsis
notably states Philippines & Vietnam by way of the PRC Exclusive Economic
Zone Declaration
ATMD
+1.615.719.0992
ALANDIXON@me.com
CERDS
Article 6
It is the duty of States to contribute to the development of international trade of
goods, particularly by means of arrangements and by the conclusion of long-
term multilateral commodity agreements, where appropriate, and taking into
account the interest of producers and consumers. All States share the
responsibility to promote the regular flow and access of all commercial
goods traded at stable, remunerative and equitable prices, thus
contributing to the equitable development of the world economy, taking into
account, in particular, the interests of developing countries.
Article 5
All States have the right to associate in organizations of primary commodity
producers in order to develop their national economies, to achieve stable
financing for their development and, in pursuance of their aims, to assist in the
promotion of sustained growth of the world economy. In particular accelerating
the development of developing countries. Correspondingly, all States have
the duty to respect that right by refraining from applying economic and
political measures that would limit it. 
Please comm me for an internship or a paid position working on the Senate Foreign
Relations Sub Committee, if there is an availability.
Sent from my iPhone
Intergovernmental Organizations Globalizing Human Standards
Intergovernmental Organizations (IGOs) are the new moderators in global governance taking
actions of international justice, financial discipline, and humanitarian intervention. IGOs are
beginning to form and set trends and standards for global development and global standards
that preserve and protect human rights, intellectual property rights, physical property, and the
individuals right to life, love, and the pursuit of happiness effectively by way of institutional
POLISCI a Global Synopsis
sovereignty furthering those who strive to sustain a global community and a common market
that enables prosperity for humanity.
One of the major insights of the literature on global governance is the idea that an ever-
increasing number of issues cannot be adequately governed within the nation-state. In the age
of globalization, there is a need for global governance because of externalities for other states
and peoples. If problems cross borders or become deterritorialized, political answers must be
global.1 This has been argued convincingly for policy areas ranging from environmental
protection to maintaining a liberal worldtrade order and financial stability to issues of health and
human rights. (2)(Rixen, Thomas, Global Governance)(10)
Three international principles that relate to globalization, global governance, and international
standards across the globe are needed for a free global community with a common market that
has free protected prosperous economic trade; one judicial guarantees and protection for the
rule of international law including but not limited to intellectual property rights, two a regulated
central bank with practices focused and geared towards structured and balanced reinvestment
of capital and marginal profits into the economy for standard of living improvement,
infrastructure facilitization, economic progress, environmental protection, and civil organisation,
and three to guarantee the inshrinement of individuals, their human rights, and their sovereignty.
"Nobel Prize winner Amyarta Sen argues not only that personal freedom and individual rights
are global in nature, but that they are also inextricably linked to economic development."(9)
"Globalization enables each of us wherever we live, to reach around the world farther, faster,
deeper, and cheaper than ever before and at the same time allows the world to reach into each
of us farther, faster, deeper, and cheaper than ever before" (Friedman and Kaplan, 2002, p. 64)
(11) (2012 Kegley;Blanton) laissez-faire capitalism has caused the international monetary
system to fail and has strained the living standards of humanity throughout the globe in
conjunction with the geopolitics as far as traded resources are concerned in geo economics.
Which is why the demand for IGO institutions is ever more relevant in the globalizing world of
international relations. "Globalization implies the growth of a single, unified global market."(11)
(2012 Kegley;Blanton) The amount of "currency that circulates in four days is greater than the
total yearly production of the U.S. economy." "as noted by Niall Ferguson (2008), for 2006 the
total value of all the stock markets in the world ($51 trillion) was about 10 percent larger than
actual global GDP ($47 trillion). The total value of all bonds, domestic and international, was
even higher at $68 trillion.
Yet the value of the derivatives market--newer finical instruments that are essentially 'side bets;
placed on the prospective future value of assets such as sotcks and bonds-- is much greater
during that same year, $473 trillion of derivatives were bought and sold. In other words, the
market for these purely speculative financial instruments was ten times larger than the actual
amount of goods and services produced in the world! 'Planet Finance is beginning to dwarf
Planet Earth' )Ferguson, 2008, p. 4). (11)" (2012 Kegley;Blanton) "Globalization is undermining
states" this fact implies that the need for IGOs is ever so dire and needed to regulate the
finances of global trade and prevent exploitation of markets and their people. "Bankers and
economist have called for the creation of more reliable multilateral mechanisms for policy
coordination to better mange the massive movement of cross-border capital"(11) (2012
Kegley;Blanton)
Standard levels of wages around the globe would balance and fuel competition in a global
market where jobs are scarce in the flux market of labor cost essentially allowing for greater
competition and more advance levels of equality and development. An equality of these
standards would fuel personal development amongst the population leading to greater numbers
of academics scientist, researchers and engineers who could increase development of society
POLISCI a Global Synopsis
and market fluxes by way of their contribution to the social economy. More brains more bronze
at least as far as technological, social, and facilitzed infrastructure is concerned and humanities
condition as an economic ecosystem that is harmonious to the planet. Yet balance is in order for
the preservation and sustainability of the ecosystem. Referring to the need for civil population
control and the need to preserve a standard of living.
The primary reason being that until the time whence society achieves interplanetary travel
humanity is limited to scarcity and the resources that exist here on this planet. Thus IGO's have
the responsibility to enforce the three principles of sustainability to maintain a flowing market
and the development of humans until humanity has the capability of expansion beyond the
boundaries of the atmosphere where new raw resources can be mined, harvested, and
cultivated for humanities growth.
"Intergovernmental organizations (IGOs) have national governments as members, and work to
promote voluntary cooperation among those governments on matters of shared interest. IGOs
have little or no autonomy in decision making, because their members make all the key
decisions, and they usually have little or no ability to enforce those decisions."(7) Recognition by
way of international enlightenment is bringing forth an age in which the autonomy of
international institutions is becoming sovereign by way international cooperation amongst
individuals who participate in international relations. This includes all national organizations in
the global market especially organizations that work to integrate the international markets of
states into a common market most significantly the World Trade Organization."When The UN
was founded there were few NGOs, but their number worldwide has multiplied many times over
since then. The UN has taken a growing interest in NGOs because they represent the interest of
civil society, which is gaining visuality as a foundation of democracy. Kofi Annan acknowledged
the importance of creating partnerships between the UN and civil society to achieve 'a new
synthesis between private initiative and the public good, which encourages entrepreneurship
and market approaches together with social and environmental responsibility.' ECOSOC
negotiates the agreements that define relations between the UN and the more than three
thousand NGOs that have 'consultative status,' which gives them the right to participate in
meeting, studies, and projects and to submit reports to ECOSOC." (8) Nongovernmental
organizations have become important in helping implement many UN efforts and programs such
as those related to human rights, literacy, health care, and economic development."(8) Thus the
formation of bodies like the European Economic and Social Council (ECOSOC) for integration
of organizations into the UN as executive administered communitive bodies capable of
managing affairs of the globe in an earmark fashion is essential to the implementation of the
three principles for global governance and bringing forth a connected integral political society
founded in a common market with united standards for the functioning of international relations
and global governance.
The global development of peace and economic prosperity is attainable with a unified system
similar to the European Union where "institutions have the power to make laws and policies that
are binding on the member states, and the EU" like the United Nations, where the general
assembly "has authority" to "override national law" or state law by agreement of the EU
constitution or in the case of global affairs the UN charter which has the authority as a
consensus body to recognize validity of sovereignty (7).
The concept of instrumental organization of multinationals like the European Union but across
the globe is a form of "supernationalism that has a united identity founded in human rights and
civil rights for all members. "A style of decision making in which " 'the participants refrain from
unconditionally vetoing proposals and instead seek to attain agreement by means of
compromises upgrading common interests' (Haas, 1964, p. 66)(7)
POLISCI a Global Synopsis
A common market is key to the development and attainment of a collective society that
cooperates internationally for the three principles of global governance.
To insure that a common market is successful the three principles listed above are necessary
and are to be acknowledged by the international community. Thus on the grounds of
humanitarian intervention IGOs who administer NGO's in an network of communtive bodies
need to have a righteous indignation towards nations that violate treaties and charters like the
Bill of Human rights and the United Nations Charter and the violators must be swiftly handled by
the ICJ which is founded in principle three: the inshrinement and protection of human rights. For
peace building and international justice these elements are necessary to attain the first principle
of the three principles of international governance . As Vandeginste, Stef and Sriram, Chandra
Lekha indicate to achieve justice,"The establishment of multiparty democracies, the introduction
of market economies, and the transition from conflict to peace are seen as three interdependent
and mutually reinforcing transformation processes. The protection of human rights and the
promotion of the rule of law are considered to be one of the stepping stones in order to attain
this overall goal. The contemporary concepts of transitional justice," the goal of international
justice and regulatory reform administrated by IGOs.(12)
IGO's have a duty and responsibility to the individual but also to the first and second principles
of successful international governance for social, ecological, and economic prosperity.
International treaties, regulations, legislation, and reforms are meant to preserve the peace and
prosperity in conjunction with progress of the globes nations especially in regards to
environmental protection, the guarantees of civil and human rights, and the development of
economic and social progress, which is why regulation and administration and implementation
of international law is of the utmost importance.
The three principles are in accordance with the United Nations Charter. Thus the United Nations
is obliged to uphold the three principles and any democratic consensuses that the UN
mandates. The Charter of the United Nations and branches and bodies thereof decree all
nations equal in the issuance and validification of sovereignty and there by sovereigns nations
by consensus as does the United Nations by majority pass legislation, treaties, and reforms for
global implementation. Therefore to achieve the three principles and for peace to be adhered to
the UN has the authority and ability to regulate and administer global affairs and international
law whether they be states, NGOs, or grouping of individuals by virtue of being an
Intergovernmental Organization that functions by consensus of the general assembly and the
participants of international relations.
Therefore to enable proper governance foreign portfolio investment and direct foreign
investments from global bodies like the Organization for Economic cooperation and
Development (OECD), the international monetary fund (IMF), international development
association (IDA) and the world bank (WB) are requisites to accomplishing a united common
market that is regulated and prosperous without any overspills from crisises in certain regions of
the globe. Regulation and structured loans to nations, businesses, and firms with hiring quotas
are essential to economic and social progress, the distribution of the economic pie for global
development, and the second principle of the three principles to international governance and
standards: regulated centralized banking system of finances that is oriented towards planned
structured investment that raises living standards and social progress; like a committee or
executive board would do when attempting to reign in profits but in the case of globalization the
incentive would be to create higher prosperity and a larger flux of goods and services, which
would in turn cause a greater distribution and circulation of finances like a living organism that
has blood flowing to every extremity of the body.
The authority presented to the judicial branch of the United Nations is pertinent to the security of
sustainable development and the security of property rights both intellectual and physical. That
POLISCI a Global Synopsis
being principle one of the three principles which makes the regulation and administration of
principle three and two a realization. Therefore to actualize unified standards and secure the
three principles of global governance the authority of the United Nations as an IGO body has
the power of humanitarian intervention by decree of the UN Charter which is a viable path for
administrating global affairs and international relations amongst the states, NGOs, and
individuals; whether they be for human rights, civil rights, intellectual property rights, economic
development, or environmental protection.
ICJ jurisdiction, which I present in principle one of the three principles to international standards
and global governance, is necessary for protection of individual rights both sovereign human
rights, and property rights; whether intellectual or physical.
Thus effectively promoting the principles of global governance will bring forth higher prosperity
in regards to productivity, health, and social progress; which includes infrastructure of transit
and infrastructure of social institutions that build and maintain the development of civil society.
Infrastructure for international trade is key to promoting global growth inconjunction with
protection of intellectual property rights. An international tax such as the financial and monetary
currency transaction tax which has been proposed to the UN is applicable to the international
monetary system for funding international trade routes like trains of the evacuated transport
tube design, which are environmentally safe and a more efficient means of transportation and
could integrally connect the globe on a scale previously unthinkable.
IGO authority and power can be utilized to control the funds of global commerce to bring forth
global educational standards, which in turn will bring about more organized civil societies that
can orchestrate health, social, and facilitated infrastructures. Developed entities and agencies
like the World Health Organization and doctors with out borders can be used to increase health
levels around the globe. As economics dictates more healthy people equate to lower poverty,
lower overall health expenditures in the long run trade off, and higher productivity rates which all
together equates to higher prosperity (Greg Mankiw); thus a more healthy society with more
educated minds enhance civilizations ability to develop and apply more resources towards
growth, sustainability, and research and development that can preserve the sanctuary within
which humanity and the delicate ecosystem resides.
IGOs via global consensus with the UN can assimilate national differences to strengthen the
three principles of international standards and global governance. The microcosm of the
commonwealth states of the British Empire and the Commonwealth of Independent States, and
the European Union are models of interconnected trade and custom unions that have and are
assimilating the diverse cultures of the globe. The gains of these organized unions have been
internationally recognized like the Nobel peace prize having been awarded to the EU and its
conglomerates. Education in these unions are reducing culture barriers and strengthening
diplomatic relations. The ability for nation states to provide higher education to the people of the
globe is imperative to the success and development of global progress and prosperity.
Education in international standards can and will improve the relations of the globe and the
geopolitical needs of all humanity. Actualization of global standards is a mechanism for peace,
environmental sustainability, and social prosperity. Institutional infrastructure designed to cater
to the needs of a complex interconnected globalized civilization is pertinent to the actualization
of global standards like health, infrastructure, commerce finances, and education for
development. Treaties like the International covenant on civil and political rights (ICCPR), the
human rights declaration (UDHR) are pivotal and signify the acquiescence of global institutions
and global standards that promote a preservation of peace and prosperity. Human right bodies
such as the Human rights council, the commission on human rights, the office of the High
POLISCI a Global Synopsis
Commissioner on human rights and the treaty bodies like the Human Rights Committee,
(CESCR) Committee on Economic, Social, and Cultural rights, (CERD) Committee on
elimination of racial discrimination and (CEDAW) Committee on elimination of discrimination
against women, (CAT) committee against torture, (SPT) subcommittee on the prevention of
torture, (CRC) Committee on the rights of the child committee on migrant workers, (CED)
Committee on enforced disappearances are necessary and purposeful in achieving the safety
and security of all individuals and the institutions that protect and maintain the basic rights and
freedoms that all people are born with much the same in regards to purpose with institutions like
the International Justice system and global monetary system. Guaranteeing these bodies and
institution guarantees individual sovereignty and welfare including social infrastructure that
promotes and maintains research and development in all global spheres.
Therefore IGOs as a moderator and institution of globalization are indeed pertinent to
supporting the three principles of international standards and global governance: one judicial
guarantees and protection for the rule of international law including but not limited to intellectual
property rights, two a regulated central bank with practices focused and geared towards
structured and balanced reinvestment of capital and marginal profits into the economy for
standard of living improvement, infrastructure facilitization, economic progress, environmental
protection, and civil organisation, and three to guarantee the inshrinement of individuals, their
human rights, and their sovereignty.
The United Nations General Assembly adopted of the Universal Declaration of Human Rights
(UDHR) on 10 December 1948.(2)
International Law when legitimized by a majority of UN members can be enforced and
implemented with arbitrary powers of the majority. The trend of international intervention in
recent history for protection of global nationals and their human rights is setting a new
international order in which states adhere to the global norm of respect for international laws
and the freedoms they guarantee for all humans regardless of statehood. Crimes against
international law are committed by individuals but are condoned by entities, which makes the
entity resoponsible for the actions of the conglomerate, failure for a governing body to protect
rights granted to individuals by international law consequentially allow those crimes to befall
against themselves as an entity or state and are therefore responsible and accountable to the
international court of justice; especially when a political group with its leaders is deemed or
designated as a threat by the international community. The entity or group or state is
accountable for the actions of its members much like when a soldier enemy combatant or
terrorist that is affiliated with a larger group commits a crime; which is why certain organizations
are considered hostile to states and the international community. Therefore the orchestration of
state sponsored terrorism to dissolve a sovereign state by insurgency is a war crime, a war
crime that undermines international law and states that adhere to the conduct of tthose laws.
Many condemned the U.S ivasion (Iraq) as a breach of international law (paust 2007) calling
the United States a Rogue Nation and an outlaw state (Gureau 2004, Hathaway 2007)(2012
Kegley;Blanton chapter nine)(11)
The international Court of Justice (ICJ) and most international legal authorities currently
construe the UN Charter as prohibiting any use of force not sanctioned by the UN Security
Council or UN collective consensus with the exception of actions taken in self denense
against an actual or imminent state-sponsored armed attack(Sofaer, 2010, p. 110) Military
necessity the legal principle that a violation of the rules of warfare may be excused for
defensive purposes during periods of extreme emergency(Kegley, Blanton chapter nine p. 313,
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2012)(11) Thus in the case for human rights and defense of those rights humanitarian
intervention for the nationals of a state is reasonable.
"Liberal paths to the control of armed conflict embrace the conviction that war and international
instability are primarily caused by deep rooted global deficiencies that reduce incentives for
international cooperation (Barrett 2007) Thus liberals advocate institutional methods to pool
sovereignty in order to collectively manage global problems with the expansion of global norms
that support collective solutions to conflicts in world politics. Constructivist envision greater
possibilities for the peaceful resolution of situations that might otherwise lead to armed
aggression (Kegley, Blanton chapter nine p. 313, 2012)(11)
International law has revently begun to fundamentally revise its traditional prohibition against
military intervention in the wake of the recent wave of terrorism by states against their own
people (Kegley, Blanton chapter nine, 2012) For humanitarian purpose, the belief that
governments have a right, even an obligation, to intervene in the affairs of other states under
certain conditions has won advocates (Kegley, Blanton chapter nine p. 313, 2012)
Responsibility to protect (Gareth Evans) and To institutionalize the idea that all states have an
abligation to shield their own citizens from mass atrocities, and if a state fails to do so, it falls to
other states to take on theat obligation (Malcomson, 2008 p. 9 ; Doyle, 2011) (Kegley, Blanton
chapter nine p. 313, 2012) (11) Today international law has defined military intervention as a
right and a duty to alleviate human suffering, stop genocide and ethnic cleansing, and prevent
the repression by states of basic human rights and civil liberties (Feinstein and Slaugter, 2004:
Finnemore, 2003). (Kegley, Blanton chapter nine p. 314, 2012) Over the last fifty years, new
universal support has emerged for endorsing intervention as a legal right to protect human
rights-political rights and civil liberties now recognized by the global community as inalienable
and valid for all individuals in all countries.. This includes even the right to military invasion and
occupation (Kegley, Blanton chapter nine, 2012) The rising frequency of global crises has
pushed efforts to rewreite international law so as to facilitate diplomatic negotiations that bring
about nonviolent settlement of disputes (Kegley, Blanton chapter nine, 2012) Marxism ;when
equal rights collide force decides (Carty 2008 p. 122) (Kegley, Blanton chapter nine p. 313,
2012) (11)
"Universal values all human beings have certain basic humanrights such as the freedoms of
religion, speech, association, and thought. Mary AnnGlendon emphasizes how Eleanor
Roosevelt took up this mantle in espousing and shepherding the development of the 1948
Universal Declaration of Human Rights(UDHR), the single most seminal document legitimizing
the universal perspective. 1Larry Diamond has prolifically articulated the universalist perspective
on the applicability of democratic principles globally, for example, in Developing Democracy:
TowardConsolidation. 2 Nobel Prize winner Amyarta Sen argues not only that personal freedom
and individual rights are global in nature, but that they are also inextricably linked to economic
development. 3(McMahon and Ascherio)(9) Thus the transformation of the three principles of
global governance are integrally related to human progress and prosperity, social and economic
development, and environmental and infrastructure sustainability both ecologically and socially
in regards to the eco biosphere, which we inhabit, and the structures and institutions of society
respectively. Those who argue against universal human rights are essentially in violation of the
UN Charter and therefore have no sovereignty as far as global recognition by the collective
democratic consensus body the general assembly. The Universal Periodic Review has
quintessential in beginning to make recommendations to the Human Rights Council for human
rights progress according to the research presented in McMahon, Edward, Ascherio, Marta,
Global Governance article. But recommendations do not serve the needs of global human rights
POLISCI a Global Synopsis
demands, which is why the UN as a global authority and interventionist power as an
Intergovernmental Organization is responsible to the humans of earth and for the guarantees of
human rights that the United Nations Charter promotes and recognizes as essential to global
peace and prosperity.
The goals of many internationals is to obtain more distributive power for those outside the UN
Security Council. Francois Hollande and many others have put forth recommendations and
decrees calling for reform to the UN Security Council.
I would like to get progress made on Security Council reform to allow there to be seats for new
permanent and non-permanent members alike. Fran ois Hollande, President of the French
Republic, 27 August 2012(4)
Thus, for the implementation of international standards and the three principles of global
governance for a better more connected international society that works for development and
sustainability both for social progress and environmental protection, humanitarian intervention
the new trend in World Politics is a concept of action that must be recognized as legitimate
since it is legitimate in the context of international law and what the UN Charter permits as a
living source whence the idea of humanitarian intervention and protection of humans rights
came from. Therefore the power of the UN Charter enables intervention in state affairs for the
three principles of international relations and global governance and I present the below
information as to why the UN can sovereign nations and intervene for people of nations who'se
governments violate the UN Charter and Universal Declaration of Human Rights.
"Some see the phenomena of internationalization of human rights and relating human rights to
International Safety and Peace Insurance as resulting in making the use of armed force an
ethical and legal justification in case of human rights violation"1
"The increasing change in the global vision of human rights has led
to crystallization of many legal laws that grant individual rights to face states, equipped with
many legal insurances and surveillance mechanisms on states that aim to protect the human
being and his dignity from any violation, as for example are the International Announcement for
Human Rights, the Two International Covenants for Human Rights and other international and
regional conventions that assure the globalism of human rights without exception.1This means
that states recognize the idea of internationalization of human rights protection and its
globalism, and also value the international considerations when treating her citizens and
residents, based on the international commitments guaranteed by international conventions.
1the strong and direct relevance between respecting human rights and the international
guarantee of the peace and safety have expanded human rights issue from the internal level to
the international one (1) especially after states gave up their responsibilities in many fields,
resulting in the deterioration of internal and external sovereignty of the states, and changing the
nature of the relationship between individuals and states, having the legitimacy of governments,
laws and regulations evaluated on the basis of how committed they are to the international legal
rules and principles, and how satisfied are the governed from the governor(1)"the phenomenon
of individual humanitarian intervention has become very significant in human history."(1)"The
phenomena of human intervention is not a new one in the international law, but has become
majorly eminent in the world after the cold war, since the diversions witnessed by the
international law as a result for the collapse of the Communist Countries and the outbreak of the
internal conflicts and in many countries have lead to enforce human intervention to cease
human rights violation , protect minorities, provide humanitarian aid and spread democracy, in a
way that the right to intervene has become a replacement for the principle of not intervening
and an introduction to a new pattern in the international politics. Take for example what
happened in northern Iraq after the war of 1991, Somali, Bosnia and Herzegovina in 1995,
Kosovo in 1999, Macedonia 2001 and Libya in 2011. The basic rule for human intervention was
POLISCI a Global Synopsis
the principle For Peace , announce by the United Nation General Secretary Boutros Ghali in
1992, which expanded the authorities of the United Nations in this field by specifying ready-to-
intervene military units under the United Nations flag. This took place in the assembly of the
United Nations Security Council Summit on 31 January 1992, when democracy and human
rights were recognized as the only Ideology in the international relationships."(1)
"The General Assembly for the United Nations followed the path of the United Nations by
adopting decisions that permit the principle of human intervention" (1)
Therefore, the High commissioner of the human rights committee has the authority to authorize
international intervention of state affairs on behalf of humans.
"human intervention is internationally accepted in the era of the United Nations taking in
consideration that the intervention acts for humanitarian purposes are imposed by ethical and
humanitarian commitments in the international community, because leaving victims without
humanitarian aid poses a threat on human life and an insult for his dignity, and an unjustified
disregard both legally and ethically, a fact that imposes on the international community
immediate intervention not only to stop these acts but also to bring to justice its committers,
especially in cases of severe violations for human rights and dignity. Therefore, it has become
something given for granted for many Law men that it is legitimate and legal to use force, to
ensure the respect of the United Nations purposes like human rights protection and spreading
democratic values. (1)--6
Also to insure the protection of human rights the "direct supervision of the United Nations
through Peace Keeping Units" is needed for "both the protection of the civilians and the
humanitarian aid." and the basic freedoms inshrined by the declaration of human rights, and the
International Covenant on Civil and Political Rights and its two Optional Protocols, and the
International Covenant on Economic, Social and Cultural Rights, whence the bill of human
rights.(1)--7the main target which the international law assume its fulfillment is the organization
of human rights protection(1) a set of international legal rules for human rights is considered as
Jus Cogens , which is the minimum level of human rights 25, therefore they cannot be violated
because they are Erga Omnes ; having all countries committed to them and respect them even
in the absence of a signed agreement because they are part of the general international system,
a fact that makes violating it a legal and ethical justification for human intervention because
such action would threat international peace and security. (1) Borchard sees that when a
country overlooks the basic rights to its citizens, other countries have the right to intervene
under the principles of the international law in the name of the international group, even if it had
to dominate the violating country as long as it is for humanitarian reasons and in order to stop
continuous outrageous violations
28 (1)
Ayman Abu AL Haj indicates that we must look beyond the texts and restrictions of many
charters and treaties and prize the most respectable and pivotal rules of international law those
being most sacred, human rights, "especially when it is about the political systems that violate
democratic values and rights individually or collectively."
29 (1)
"Regardless of the nature of the political system
and economic system, the Western countries adhered to the flexible interpretation to the
principle of non-intervention, on the grounds that States and international organizations have
the right to protect human rights in any country, given that the idea of human rights itself calls for
unity of humanity regardless of religious or racial differences as well as and the legal system to
which humans belong by nationality rights. Humanity is one unit that includes individuals who
have the same rights and thus each member has a duty and enforces respect and protection"
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34(1)"The United Nations and by the contemporary legal concepts adopted the protection of
human rights as an international issue that is not confined to the domestic jurisdiction of the
States only by virtue of association with the international public interest, because the idea of
human rights is based on a set of considerations that are based on the idea of international
interest, on the grounds that these issues affect the the interest of the international community
and living in peace and security, and therefore sovereignty may not be an obstacle standing in
the face of these rights."
(1)
The United Nations Charter has made the principle of sovereignty equal for its members as a
basis for international relations, which means that no state of the Member States is entitled to
the power to qualify for the exercise of extraordinary powers to achieve superior manifestations
of prejudice in human rights and intervention force to protect these rights."50 (1)This relates to
the notion that no state is above any nation and any state that attempts to violate international
law or violate human rights is susceptible to expulsion from the UN and loss of sovereignty.
"This is illustrated by the report of the responsibility to protect issued by International Committee
of the intervention and state sovereignty of the United Nations for the year 2001, when it stated
that humanitarian intervention is based on modern understanding of the principle of sovereignty,
which includes a dual responsibility to respect human rights at home and respect the
sovereignty of other countries abroad. The Charter of the United Nations, which admitted to
membership sovereign states at the same time commits itself to respecting the responsibilities
of membership on the grounds that it sovereign States and the most important of these
responsibilities to protect human rights internally and externally."41(1)
Thus to preserve sovereign status all states and nations must be in compliance with
international law and the UDHR.
the quest for international security involves the unconditional surrender by every nation in a
certain measure, of its liberty of action, its sovereignty that is to say, and it is clear beyond all
doubt that no other road can lead to security. (Albert Einstein) (Kegley, Blanton chapter nine,
2012)(11)
"The international humanitarian intervention of the United Nations is considered legal, while the
humanitarian intervention by a state or group of States is not legal according to the
contemporary international law, and if humanitarian intervention justifies the use of force legally,
politically and ethically to prevent gross violations of human rights that threaten international
stability, it is not entitled to any one state to intervene to address human rights violations in
another state, but must be done to intervene in accordance with the Charter of the United
Nations, which represents international legitimacy and the system of collective security, but the
lack of an independent military of the United Nations undermines the collective security system,
so that the dominant major states have right of international intervention, which causes it to lose
the element of neutrality, and it becomes subject to misjudgment and abuse."(1) Which is why
administration of the three principles of international standards and global governance are so
pertinent and essential to bringing forth security, peace, and standards for the global community.
Thus to remove the bias motives of the security council, democratic consensus by a majority
like in the EU council of ministers is necessary to accomplish a democratic premise for
humanitarian intervention via military might. There are reform procedures being called for by
European governments, South Asia governments, East Asia governments, South American
governments and some African governments. Recently October thirteenth Tayyip Erdogan of
Turkey called for security council reform to address the issues in Syria.
I would like to get progress made on Security Council reform to allow there to be seats for new
permanent and non-permanent members alike. Fran ois Hollande, President of the French
Republic, 27 August 2012(4)
POLISCI a Global Synopsis
Thus agencies like the European Foundation for the Improvement of Living and Working
Conditions (EUROFOUND) and Food and Drug regulation like the U.S. FDA and reforms like
the proposed adding of security council members or a complete overhaul via a democratic
general assembly consensus are needed for the utilization of a democratic social consensus.
Reforms like the financial currency transaction tax FCTT that enable administrative powers and
the international telecommunications ITU that enables regulation and promotion of international
exchanges including cyber safety for networks of monetary systems and transit infrastructure
are also necessary for a collective body to function. A body that essentially uses majority vote
for new legislation which is pertinent to the achieving the three principles of international
governance and the development of global economic and social progress. International dividend
and capital gains taxes for multinational corporations along with derivative trading regulations
and taxes could also be a measure for funding administration of UN bodies. IGOs ability to
govern and regulate NGO's and their activities is necessary for the attainment of international
standards and peace. Thus to further and hasten the speed at which social, technological, and
civil development occurs around the globe IGOs and panels thereof like those on agriculture,
environment, infrastructure, and finance must acquiesce the role of international moderators
who can intervene as a humanitarian force with delegation from the UN which the United
Nations charter dictates and allows. Therefore consensus by UN members who retain their
sovereignty by decree from the UN bodies must permit diplomatic and military administration by
the UN for global peace and security, otherwise the anarchical system that has persisted for
generations will continue to desecrate freedoms and human rights inconjunction with
sovereignty violations which are the main guises of war.
Kofi Annan A new broad definition of national interest is needed that would unify states to work
on common goals that transcend national interests (Kegley, Blanton chapter nine, 2012)(11)
Thus multilateralism is more propense of global politics rather than unilateralism. (Alan Dixon)
Bibliography
1. Ayman Abu AL Haj
Lecturer at AL-Balqa Applied University
Amman University College for Financial and Administrative Sciences
P. O. Box 69, Amman, 11821, Jordan European Journal of Social Sciences ISSN 1450-2267
Vol.31 No.1 (2012), pp. 76-91 EuroJournals Publishing, Inc. 2012 <http://
www.europeanjournalofsocialsciences.com>
Military Humanitarian Intervention for Human Rights Protection: Legitimacy and Legal, Political
and Ethical Dimensions. November 4th 2012
2. <http://www.ohchr.org/EN/ProfessionalInterest/Pages/InternationalLaw.aspx>
3. Turkey calls for UN security council reform over failure to pressure Syria, Jo Adetunji and
agencies, Guardian, Saturday 12, 2012
<http://www.guardian.co.uk/world/2012/oct/13/turkey-un-security-council-reform-syria>
4. <http://www.franceonu.org/france-at-the-united-nations/thematic-files/UN-Reform/security-
council-reform/france-at-the-united-nations/thematic-files/UN-Reform/security-council-reform/
article/security-council-reform>
5. <http://www.un.org/en/documents/charter/chapter2.shtml>
6. UN Security Council out of tune, serves no one's purpose: India
<.http://timesofindia.indiatimes.com/india/UN-Security-Council-out-of-tune-serves-no-ones-
purpose-India/articleshow/17074325.cms>
POLISCI a Global Synopsis
7. Understanding the European Union: A concise introduction, John Mccormick, The European
Union Series, General editors: Neil Nugent, William E. Paterson, Vincent Wright. November 4th
2012
8. An Insiders's Guide To The UN, Linda Fasulo, Yale University Press / New Haven and
London. November 4th 2012
9.A Step Ahead in Promoting Human Rights? The Universal Periodic Review of the UN Human
Rights Council, McMahon, Edward; Ascherio, Marta Academic journal article from Global
Governance, Vol. 18, No. 2. Cengage Brain Questia http://www.questia.com/. November 6th
2012
10.Tax Competition and Inequality:The Case for Global Tax Governance
Rixen, Thomas, Global Governance. Cengage Brain Questia, <http://www.questia.com/>
11. World Politics: Trend and Transformation, Charles w. Kegley, JR., Shannon L. Blanton.
October 30th 2012.
12. Power Sharing and Transitional Justice: A Clash of Paradigms?, Vandeginste, Stef; Sriram,
Chandra Lekha Academic journal article from Global Governance, Vol. 17, No. 4. Cengage
Brain Questia, http://www.questia.com/ November 4th 2012
13. Principles of Economics. N. Gregory Mankiw is Professor of Economics at Harvard
University. September 1st, 2012
Issues & procedures affecting Domestic society
WTO law, UN conventions, PCI standards sub leasing
16 legal in family law
conservatorships, Divorce, Child Protection standards, Elderly care law
17 finance law like ftc & sec laws, Intellectual copy right laws
18 world history
19 European politics
Parilament, Commission, Council, ECB, monetary integration, Coalition governments,
Local state governments, Military treaties
20 international organizations,
NGO’s IGO’s UN convention laws, World Bank International Monetary Fund, Think
Tanks, Global Universities and Foundations
21 global studies
Poverty Income inequalities, Gini index, purchase power parity, GDP, quantative easing,
proposed global transaction taxes, general institution & state building, Infrastructure
POLISCI a Global Synopsis
building, government coalitions, peace time and war time affairs 22 military affairs near
east and far east wars, EU RU military build up, gorilla war fare near east, gorilla
warfare latin America, Globalization, outsourcing, factory movements, Unions, state
rights union rights, Republic vs democracy, Authoritarian, dictatorships, monarchs,
congress, diet, parliments, councils, judicial supreme courts, high courts, Theocracies
23 theology
Chirstianity, Hinduism, Islam, Judaism, Jainism, Buddhism, Ecoegaltarianism,
Communism, Theocracies, socialism,
ATMD~
Journal Entry Two
The chapters includes the lay out of the federal courts ranging from the Supreme Court to the
appeals courts both circuit & higher appeals which is after the district courts which divide into
Constitutional Law Courts: International Trade Courts, Common Law Courts or Tort Courts,
Civil Courts, Criminal Courts, Tax & Estates Courts, Probate Courts, Dispute Resolution Courts.
From that point there are Jurisdictional courts that rank from State Supreme Court to County
court where there is Criminal, Civil, & Chancery Court with an appeals court above those listed
prior that serves as an appeal courts for the local state courts.
The Statutory rule of law is the law that congress enacts for interpretation of the constitution for
the regulation of interstate commerce & all interaction & transaction & for regulation of
interaction among Nations. The Administrative Procedure Act adjudicates how agencies operate
& are governed.
Administrative Law is the law that regulates agencies and enterprise interaction and governance
for rules & policies residing within an organizational structure.
Common Law is the law that regulates interaction among citizens ranging from tort & small
claims to criminal proceeding.
Congress is delegated the power from the constitution to interpret laws for the governance of
societyvia Article III.
Article II enables the President to command as chief of the nation delegating foreign diplomacy
to the oval office.
Article I is designated for the creation of the Upper House –Senate & Lower House-House of
Representatives of which there are two senators per state & ranging reps for each state depending
upon populace size
The Fifth Amendment delegates due process rights to individuals from the seizure of property
without warrant.
The Bill of Rights (first ten amendments) dictates the common citizen’s sovereignty within a
Nation.
POLISCI a Global Synopsis
In essence Congress, when a bill is proposed either from the President or from a Congress
member, decides whether or not a bill is passed & when a bill is passed first in the lower house &
then in the Senate, the bill goes to the President’s office where the President can either veto or
sign the bill; which would enact the bill as law. However when a President vetos a bill, Congress
with a two thirds majority can pass a bill.
The President can enact Executive orders which establish precedent for policy. Laws passed by
congress in recent history has enabled the Oval office to wield greater power and authority.
Though only congress has the power to initiate a war or rather Declare WAR.
ATMD
Is Drone Strikes in Yemen a declaration of War, especially since Iranian backed militias are
supporting the recent coup by the Houthi Shia Rebels? Which is relevant of great significance
considering the President of Yemen has resigned while under armed guard & house arrest by the
Rebels.
“Last week the rebels put President Abed Rabbo Mansour Hadi, a close U.S. ally, and his
Cabinet under house arrest, escalating a prolonged power struggle. The officials resigned in
response, and Prime Minister Khaled Baha said Thursday his resignation was "irreversible"
according to a statement posted on his Facebook account.”
http://hosted.ap.org/dynamic/stories/M/ML_YEMEN?
SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2015-01-22-12-54-05
http://securitydata.newamerica.net/drones/yemen/analysis
Learning from the slides has been a refreshing review for me.
“To wield power is to have the ability to crush your opponent tho to choose to embrace
your enemy with wealth in knowledge and good faith is power in of itself, thus as a
power which do you wish to be remembered for constructing civilizations propitious
future or the hegemonic bearer of societies Vituperation ? Thus is to allow a power
known for wielding the forces of evil access to the latter of science a worthy prophylactic
measure, one which may catalyze the potential empowerment of humanities
development and in pure form reign in the stead of war as the modality of & for peace?.
ATMD
Sent from my iPhone
Chapter Five
Intentional Torts & Business Torts
POLISCI a Global Synopsis
XL. Torts
Defamtion
Negligence
Interference with a contract
Fraud
XLI. Torts Vs Criminal Law
Negligence when performing an act whether intentional or unintentional is a tort, as well
as speaking irresponsibly with malice intent; which is slander; which is considered defamation
when speaking to third parties regarding a plaintiff and to write a malice defamatory statement is
considered libel; which means a defendant is responsible for an intentional tort.
Criminal Tort is when negligent actions that affect society become relevant for a
prosecution, where by a fine or punitive damages or both are issued within a court of Law.
XLII. Categories
Negligence & Strict Liability – Intentional torts
Negligence when performing an act whether intentional or unintentional is a tort, as well
as speaking irresponsibly with malice intent; which is slander; which is considered defamation
when speaking to third parties regarding a plaintiff and to write a malice defamatory statement is
considered libel; which means a defendant is responsible for an intentional tort.
When a Party become injured due to negligent actions
XLIII.Intentional Tort
Intent to Harm another
Must show proof
XLIV.Defamation
Opinion not valid
Public personalities more difficult to win case due to parodies
POLISCI a Global Synopsis
XLV. Intentional Tort
False Imprisonment
Battery
Assault with intent to attack
1. Emotional damages can be awarded for extreme cases of emotional
harm
2. Damages can be awarded, Single Recovery Principle for all future
past, and present damages
3. For wages – pain & suffering- future bills like medical costs
XLVI.Punitive damages
Only in extreme cases
XLVII.Business Torts
Interference with contracts when a known contract is in place
Injury, Breach of contract, Awareness of a valid contract
XLVIII.Privacy regarding Torts
Intrusion into the Privacy of a parties life via stalking, harassing, or spying with
technology like listening devices, cameras, or web traffic monitoring or with conventional
methods like following a person in public is considered a tort, & compensatory damages can be
awarded to the plaintiff for the above listed methods of investigatory actions that a defending
party like a political action committee, or a group like a corporation, or an individual may
employ or use when investigating or rather collecting data on a person, persons, or society.
• I learned opinion matters at large
• Current event: ABC, Jimmy Kimmel exploiting Children on his Nightly Show is
Commercial Exploitation
•
Negligence when performing an act whether intentional or unintentional is a tort, as well
as speaking irresponsibly with malice intent; which is slander; which is considered defamation
when speaking to third parties regarding a plaintiff and to write a malice defamatory statement is
considered libel; which means a defendant is responsible for an intentional tort.
POLISCI a Global Synopsis
Criminal Tort is when negligent actions that affect society become relevant for a
prosecution, where by a fine or punitive damages or both are issued within a court of Law.
Intrusion into the Privacy of a parties life via stalking, harassing, or spying with
technology like listening devices, cameras, or web traffic monitoring or with conventional
methods like following a person in public is considered a tort, & compensatory damages can be
awarded to the plaintiff for the above listed methods of investigatory actions that a defending
party like a political action committee, or a group like a corporation, or an individual may
employ or use when investigating or rather collecting data on a person, persons, or society.
Tort Law is when a Judge or Arbitrator orders restitution or compensation in regards to an
abuse like Slander, Libel, or Injury whether emotional or physical.
Assault in regards to an Emotional or Psychological injury can occur in cyberspace, or in
metaphysical space or via psychological means. Battery doesn’t always apply, for example one
can be accused of assault by way of threatening behavior like pulling a knife on a person with
intent to harm or invoke fear. However battery is present when someone assaults with physical
force a persons person or possessions; and battery is also present when malice intent is used to
psychologically & emotionally harm someone via cyberspace or with verbal statements or
written messages or psychological & environmental symbols; what is called Propaganda Show
Boating in Political Science in a finite form a tangible method for war mongering via
communicating with symbols & verbal or written statements.
Compensatory damages in modern day cases are awarded to a plaintiff for pain &
suffering, loss of work, medical bills, or loss or enjoyment in life or for potential future injuries
that have potential to be incurred; like for example if a plaintiff incurs PTSD or physical injury
like back pain via the negligent tort actions of a defendant whether it be a psychological assault
via a false statement that had malice intent to harm an opposing party or whether it be a motor
vehicle accident where by a driver intentionally ran a red stop light; which with regards to a
MVA would be intent to commit an act however not intent to harm a second party, though the
defendant who commits an unprovoked tort act with malice intent or by way of pure lack of care
when operating or performing an act or negligence in any form rather, must compensate for the
negligent tort action for present emotional & physical pain & suffering or any injuries rather for
the life of a person or party including for past & future dates.
Negligence is tort whether someone intends to commit an act or whether someone did not
take due diligent proper care when practicing a method or “trade”, like when a doctor prescribes
medicine & the patient incurs injury like “stroke” due to the negligence or lack of caution or lack
of risk assessment a doctor would normally under standard circumstances regarding a patients
POLISCI a Global Synopsis
general health levels take when supplying a patient with potentially hazardous materials; which
can be considered the mal practice of a physician.
There are Business Torts where by a third party breaches a contract that two other parties
have previously established with knowledge of that contract existence or when a business entity
bribes a party to attain their services with intent to interfere with the relationship of two parties
that have a prior contract established. For example offering a service discount to a consumer,
who has business contract with one entity, to attain the consumer’s monetary exchange or
business finance spending.
There are commercial torts where by a business entity or persons with malice intent
exploit a party for gains in any form whether it be for financial reasons, social rating reasons, or
for mere enjoyment. Exploitation of a plaintiff or individual or group for monetary gain or social
ploys without malice intent that incurs injury to a party is Tort; for example when Jimmy
Kimmel uses children to increase his ratings he is effectively with awareness exploiting children
for monetary & social rating gains, regardless whether he intended to harm them psychologically
or to bring them enjoyment, he is consciously exploiting innocent children that which any
educated adult would comprehend as a negligent tort act that involves children in an explicit
commercial environment.
In General Torts, whether they be intentional or via negligence or lack of care rather, are
actions, symbols, or statements that cause injury to a party whether it be society, or a group, or an
individual party.
Alan Dixon
Business Legal Environment
Professor Dr. Shana Jackson
30 January 2015
Outline Chapter Three:
XLIX.Litiagation Vs Alternative Dispute Resolution
• Litigation involves filing of paper work & settling disputes in court
POLISCI a Global Synopsis
• Informal or formal process of settling claims outside of court
L. Negotiation
Offers & counter offers
LI. Mediation
Mediator negotiates for voluntary settlement
Mediator does not decide final decision
LII. Arbitration
Neutral party decides binding decision
LIII. Trial Courts
Judge applies facts within their jurisdiction for a decision
LIV. Appellate Courts
Review trial court cases to check for mistakes
Highest appeals court is Supreme Court of a State
LV. State Court System
Supreme
Lower Appeals
General Civil Division
General Criminal Division
Small Claims Juvinile Land Municipal Probate
Domestic Divisions
LVI. Federal Courts
Regarding Constitution, Federal Statute, or Federal Treaty
Diversity cases regarding international affairs & membership to multiple states
Monetary value cases greater than 250,000 USD
POLISCI a Global Synopsis
LVII. Federal Court System
US District courts are Primary trial courts
94 Districs
Special courts like Bankruptcy court and Tax court
Appellate courts
US Circuits 12 intermediary Courts
LVIII.Federal Court System II
Supreme Court
US appelas 12 circuits --US court of Appeals Federal Circuit
US District Courts- Bankruptcy Court- Tax Courts – Agency Courts
US court of International Trade—Us Claims Court—US Patent & Trademark Office
LIX. Steps in Beginning Litigation
Complaint
Answer
Counter Claim
Reply
LX. Variations of Pleadings
Class Action – Involving great amounts of parties
Default Judgement – failure to respond in a timely manner
LXI. Discovery
Interrogatories
Depositions- Interview under oath
Production of Evidence
Physical & Mental Exam
Discovery- electronic communications & e Info
LXII. Discovery II
Protective orders to reduce depositions via motion in court
POLISCI a Global Synopsis
LXIII.Further Steps Before Trial
Summary Judgment – No trial necessary which is illegal
Final Prep – guided Q&A for witnesses
LXIV.Always a Right to Trial by Jury
LXV. Burden of Proof
Proof of whether the case is manufactured must be beyond a reasonable doubt in criminal cases
& in civil cases more than likely
LXVI.Plaintiff Case
Opening Arguments
Plaintiff Calls Witnesses - Examination
Defendant Question Witnesses – Cross examination
Defendant moves for directed verdict whether or not case is valid or not nie
LXVII.Defendant Case
Opening Arguments
Plaintiff Calls Witnesses - Examination
Defendant Question Witnesses – Cross examination
Closing Arguments by both sides with summary
LXVIII.Resting Case
Judge instructs Jury for deliberation
Verdict issued only with unanimous vote
LXIX.Proceeding Following Verdict
Motions for possible technicalities
Appeal for higher courts
Settlement at any point during trial
I learned that Admin Law is outside Statute law via FISA Court or National Defense Policies
POLISCI a Global Synopsis
I learned that jury verdicts do not always have to be Unanimous. Most of the course material was
a refresher regarding prior learning.
An Example or current event would be the “Michael Brown case” from Missouri where by a jury
did not convict the police officer for murder, however the DA from that district used an old law
to circumvent the police brutality implied by the death of Michael Brown.
CNN, FoxNews, Bloomberg, MSNBC
Litigation via alternative resolution settling without a trial.
Begins with negations offers & counter offers
Mediation: where by a neutral mediator negotiates a settlement
Arbitration: a neutral person decides a binding decision
Trial court where by a judge applies law in his/her governing district, whether it be federal
constitutional or local state or county law.
Appellate Courts: review errors for a retrial or discardment
Supreme court in a state is the highest appeals court
Stat Supreme Court: general civil court, general criminal court, small claims court, municipal
division, juvenile division, probate division, land division, domestic division; all may have jury.
Federal courts: for claims regarding constitution or agency or statutory laws or treaties among
states & districts; Federal court rules on cases where by a subject is a member of two states or
when a claim exceeds 250,000$
Trial courts: nations districts divided into 94 treaty aligned members
Special courts & Bankruptcy or Tax court applies to these courts.
Highest court supreme appellate divided into 12 circuits
US district courts for federal agencies
US district court for international trade
US district court for claims & tort
US district court for patents & trade marks
Litigation:
Class action case applies when affecting a large amount a persons
Complaint served with summons or subpoena
POLISCI a Global Synopsis
Response from opposing party
Counter Claim
Response for counter claim
Default Judgement when response time exceeds reasonability
Discovery:
Interrogatories
Depositions- witnesses deposed
Evidence produced to support a claim
Physical & Mental exams if necessary
Electronic communication discovery when source materials are applied as evidence in a case
Motions for further interrogatories & depositions
Or court order of protection for a reduction in depositions
Summary from judge adjudicating whether trial be pertinent
Some trials no jury allowed & right to jury can be waived though right to jury is still an option in
some cases
Burden of proof – for civil cases has to be most likely true & in criminal cases “beyond a
reasonable doubt”
Opening arguments:
Plaintiff calls witnesses
Examination
Defendant party cross exams
Defendant moves to directed verdict
Reciprocal of above statement starting with defendant witnesses
Closing arguments with brief summary from both parties
Judge order Jury to convene for a verdict decision, Judge may summarize case prior
Deliberation, which may take hours to days to weeks for a verdict to be attained
In some cases only a majority like 10-2 is needed for a judgment no less than 7 though usually
must be unanimous
POLISCI a Global Synopsis
I learned that jury verdicts do not always have to be Unanimous. Most of the
course material was a refresher regarding prior learning.
An Example or current event would be the “Michael Brown case” from Missouri where by a jury
did not convict the police officer for murder, however the DA from that district used an old law
to circumvent the police brutality implied by the death of Michael Brown.
CNN, FoxNews, Bloomberg, MSNBC
Consumer Law
I. Federal Trade Commission
Created 1915
Voluntary compliance
Admin hearings and Appeals for consent or cease and desist orders
May impose penalties
II. Sales
Section 5 prohibits “unfair and deceptive acts or practices”
Like false advertising like omission or misrepresentation
III. Bait and Switch
FTC rules prohibit promotional selling
IV. Mail and Telephone Sales
Ordered items must be shipped when promised or within 30 days. If not possible customer must
be able to change mind
Telemarketers can not block caller ID systems
Unordered mail can be treated as a gift
Do not call list enacted
POLISCI a Global Synopsis
V. Door to Door Sales
Cancellation allowed prior to midnight third day after sale
VI. Consumer Credit
All loans regulated by the Truth in Lending Act:
Disclosure must have clarity and be honest
Lender must disclose finance charge
And creditor must disclose annual percentage rate APR
VII. Home Mortgage Loans
Regulated by TLA
Lenders may not coerce appraiser
Not advertising for fixed rate on loan if rate subject to change
Subprime loans or high risk loans require lender to verify leanees ability to repay no prepayment
penalty must collect property taxes and homeowners insurance
VIII. Fair Credit Billing Act
Credit card companies must acknowledge complaints from cardholders
CC must investigate complaints
Companies must document transactions at request of consumer
Company may not collect dispute damages while investigation
CC required to wait ten days to report to credit agency after dispute report made
IX. Stolen Credit Cards
TILA requires liability of 50$ to consumer
No liability required if reported prior to 50$ transaction
X. Disputes with Merchants
• Cant be billed: if good faith and effort to resolve issue is attempted
• If dispute is 50$ or greater
• Or if merchant is within 100 miles of your home or within same state
XI. Disputes with Credit Card Company
Fair credit Billing Act dictates:
POLISCI a Global Synopsis
• Company if filed in 60 days must respond in 30
• Company must investigate within two billing cycles or 90 days
• Company can not collect or close your account pending investigation
• Company Cannot report during investigation to credit agency
XII. Fair Credit Reporting Act
FCRA Dictates:
• Consumer report can only be used for legitimate business
• Information must be current
• Employers cannot seek report on current or potential employees
• Agencies involved in reports must be revealed
• Reporting Agencies must make available reports
• Agencies must investigate and correct any inaccurate content
XIII. Debit Cards
Check cards
Liability greater than Credit cards
Banks Deduct charges from account as transaction occurs
Bank compensates thefts greater than 50$
Bank after two days only responsible for 500$
XIV. Fair and Accurate Credit Transaction Act
Consumers entitled to free report each year from major reporting agencies
Consumers can report feared identity theft for a detailed investigation
Credit bureaus must share information concerning identity theft
XV. Fair Debt Collection Practices Act
Debtor may not be communicated to by collector if debtor writes or calls in request
Attorneys can prevent contact by collectors
No abuse or obscene content allowed in collection
Cannot visit debtor place of work as dictated by employers
XVI. FDCPA
Prevents threatening of arrest
No threats of any kind
No contact or informing of relatives or acquaintances to collect debt
POLISCI a Global Synopsis
XVII.Equal Credit Opportunity Act
No discrimination of race color religion, national origin, sex marital status, age or welfare
XVIII.Consumer Leasing Act
Before lease is signed
All required payments including deposit, down payment, taxes, license fee, and balloon payment
must be in writing
Amount of all payments on lease
Listed insurance payments and warranties
Maintenance listing
Penalties regarding late fees
Right of consumer to lease, purchase or terminate a contract early in regards to leasing and
lending
XIX. Magnuson-Moss Warranty Act
Warranties not required of manufactures and sellers
Sales greater than 15$ require oral disclosure of warranty when not written
XX. Consumer Product Safety Commission
Develops Standards and evaluates safety of products for consumers
LXX.Nature of Intellectual Property
Patents and Copy Rights protect producers of intellectual property via government regulation
IP is expensive to produce yet easy and cheep to transmit thus the reason for safeguards
LXXI.Patents
Patents range in length as far as time is concerned however applies to its tangibility rather than
ideological use
Patents exclude certain educational material like laws of nature and scientific principles and
mathematical formulas and algorithms
LXXII.Requirements for a Patent
To acquire a patent the idea or invention must be:
Novel
POLISCI a Global Synopsis
Nonobvious
Applicable in its function
LXXIII.Patent Application and Issuance
Provisional patent application
A method for determining patents applicability in commercial formats and protecting an
invention idea
• Priority Between Two Inventors- First inventor has priority over first filer
• Prior Sale – must file one year prior to selling product in masse
LXXIV.INTERNATIONAL PATENT TREATIES
The Paris Convention of the Protection of Industrial Property
• Requires Patent Protection to International Citizens of other Nation States
The Patent Law Treaty
• Requires Uniform Patent Standards and Applications
LXXV.CopyRights
The copyright holder owns the “particular tangible expression” of an idea but not the idea itself
Copyrights products and materials can be filed in the copyright office of the Library of Congress,
only required if intent to enforce the patent the symbol for copy rights is a C in a circle
LXXVI.Copyrights
The Copy Right Act – protects literature, music drama, choreography, pictures, sculpture,
movies, recordings, and architectural material
Copyrights are valid for 70 years after the death of the last living author. In regards to a
corporation the time span is 125 years from creation and 95 years from publication.
LXXVII.Infringement
To prove violation, plaintiff must present evidence that original work was copied or that the
original material was violated via the use of similar or exact replica material
First Sale Doctrine
May sale rights to an original copy
POLISCI a Global Synopsis
LXXVIII.Fair Use Doctrine
This doctrine dictates that reporting and scholarly and research use of copyrighted material is
applicable however for personal use it is illegal
LXXIX.Internet
Digital Millennium Copyright Act
Prevents the copying of a product and removing the original authors name
It is also illegal to circumvent encryption or coded material
It is illegal to distribute code - breaking technology
LXXX.International Copyright Treaties
The Berne Convention Requires Copyright protection extension to foreign nations
LXXXI.Trademarks
Distinguishing symbols that represent Products and Services
LXXXII.Ownership and Registration
The first person to use a mark owns it however to copyright a mark generates public
acknowledgement of who owns it and thus protection.
LXXXIII.Valid Trademarks
Must be distinctive
Cant be a letter or a descriptive word or persons name , deceptive or immoral
Mass use or house hold item names can become a general term
LXXXIV.Domain Names
Domain names originally had no cost
However now domain names for access and publicity are sold at high value
Trademark infringement in a domain is illegal and can call for suspension of the user
LXXXV.Conflict over Domain Names
The Anticybersquatting Consumer Protection Act
Using a trademark in bad faith is illegal
POLISCI a Global Synopsis
LXXXVI.International Laws
• Paris Convention
• Patent Cooperation Treaty
• Berne Convention
• WIPO Copyright Treaty
• Madrid Agreement
• Trademark Law Treaty
LXXXVII.Trade Secrets
Formulas, Device Processes, Methods, or compilation of information that can be used to gain an
advantage in business
Difficulty in information access? Economic advantage? Is it protected?
I learned that Copyrights are valid for 70 years after the death of the last living author. In regards
to a corporation the time span is 125 years from creation and 95 years from publication. & that
the Madrid agreement exist
Current Event: Chinese corporations infringing on patent rights via cyber warfare patents and
technology schematics for advancement of their country without pay royalties to the patent
holders, thus in essence Chinese patriots are committing espionage acts against US corporate
citizenry.
I learned that lenders are required to allow early termination, consumers are entitled to free
reports each year, lenders may not coerce appraisers, complaints must be responded to in 90 days
& I learned what the CPSC is. Also I learned that attorneys can block creditors from contacting
debtors.
Current event: The FTC dictates that homes and mortgage cannot be taken as collateral for debts
thus in regards subprime mortgage default and expensive mortgage refinancing in the housing
market, banks cannot take homes for non payment but can invoke civil action and penalties.
Chapter Four- Constitutional, Statutory, Admin, & Common Law
POLISCI a Global Synopsis
LXXXVIII.Constitutional Powers
Separation of power- Executive, Legislative, Judicial = Balance of Powers
Federalism- limited to Article I, 8
Individual Rights – Bill of Rights first ten amendments
How is the Constitution read Top to Bottom or Bottom to Top?
LXXXIX.Congressional Powers
Article I is designated for the creation of the Upper House –Senate & Lower House-House of
Representatives of which there are two senators per state & ranging reps for each state depending
upon populace size
Congress may Regulate Taxes, Trade Law, Military, War, & Economic Commerce among States
XC. Executive Power
Article II enables the President to command as chief of the nation delegating foreign diplomacy
to the oval office.
President Nominates Judges, Legislation veto power, Dictates Foreign Policy
XCI. Judicial Power
Article II enables Supreme Court & allows for creation of lower courts
Constitutional decrement & review of cases within their jurisdiction
Power to interpret laws
XCII.Protected Rights
Free Speech includes symbolism
Commercial speech not allowed for exploitation of minors or figure heads
Political Speech allowed due to first Constitution Amendment
Obscenity is a form of free speech is thus protected in private domains
Legal Speech allowed due to first constitutional amendment
XCIII.Fifth Amendment
Right to due process
“No person shall be... deprived of life, liberty, or
property without due process of law; nor shall
private property be taken for public use, without
just compensation.”
POLISCI a Global Synopsis
Private Property allowed to be taken under Imminent domain process, thou must be compensated
XCIV.14th Amendment
Null Discrimination permitted unless by economic, gender or social capacity
XCV.Statutory Law
Written Law via Congressional voting
XCVI.Making of Laws
In essence Congress, when a bill is proposed either from the President or from a Congress
member, decides whether or not a bill is passed & when a bill is passed first in the lower house &
then in the Senate, the bill goes to the President’s office where the President can either veto or
sign the bill; which would enact the bill as law. However when a President vetos a bill, Congress
with a two thirds majority can pass a bill.
XCVII.Laws Creation
To decide changes to popular Standards
XCVIII.Common Law
Common Law is the law that regulates interaction among citizens ranging from tort & small
claims to criminal proceeding.
Requires assistance in times of dire emergencies from bystanders with unique relationships
XCIX.Administrative Law
Administrative Law is the law that regulates agencies and enterprise interaction and governance
for rules & policies residing within an organizational structure.
C. Admin Rulemaking Powers
Legislative via Statutes
Interpretive Rules via unique circumstances & new standards
POLISCI a Global Synopsis
CI. Power of Information Discovery
Voluntary
Subpoena
Must be relevant to Court proceedings & must not be in regards to trade secrets
CII. Adjudicating Powers
Court Proceeding governed via judge & trial
Appeals if necessary de novo decision
• I learned Admin Laws are self governing with special courts
Current event: Is Drone Strikes in Yemen a declaration of War, especially since Iranian backed
militias are supporting the recent coup by the Houthi Shia Rebels? Which is relevant of great
significance considering the President of Yemen has resigned while under armed guard & house
arrest by the Rebels.
“Last week the rebels put President Abed Rabbo Mansour Hadi, a close U.S. ally, and his
Cabinet under house arrest, escalating a prolonged power struggle. The officials resigned in
response, and Prime Minister Khaled Baha said Thursday his resignation was "irreversible"
according to a statement posted on his Facebook account.”
http://hosted.ap.org/dynamic/stories/M/ML_YEMEN?
SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2015-01-22-12-54-05
http://securitydata.newamerica.net/drones/yemen/analysis
Learning from the slides has been a refreshing review for me.
The chapters includes the lay out of the federal courts ranging from the Supreme Court to the
appeals courts both circuit & higher appeals which is after the district courts which divide into
Constitutional Law Courts: International Trade Courts, Common Law Courts or Tort Courts,
Civil Courts, Criminal Courts, Tax & Estates Courts, Probate Courts, Dispute Resolution Courts.
From that point there are Jurisdictional courts that rank from State Supreme Court to County
court where there is Criminal, Civil, & Chancery Court with an appeals court above those listed
prior that serves as an appeal courts for the local state courts.
The Statutory rule of law is the law that congress enacts for interpretation of the constitution for
the regulation of interstate commerce & all interaction & transaction & for regulation of
interaction among Nations. The Administrative Procedure Act adjudicates how agencies operate
& are governed.
Administrative Law is the law that regulates agencies and enterprise interaction and governance
for rules & policies residing within an organizational structure.
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CV ATMD Political Science copy

  • 1. POLISCI a Global Synopsis For Non-profit Scholar and Academic Purposes & Use Centennial Diploma & Post Higher Education TransNational Security & Global Finance Below is an analysis of government structure & open source intelligence or media intelligence and current issues & how global events shape American perspectives. This document contains advance geopolitical affairs including a general introduction to political affairs and areas of Intelligence collection and comparative politics of global political events like human rights and Intergovernmental Organizations and International governance with emphasis on current military relations & military & tech affairs with documentation of modern geopolitical history in central asia, it also includes affairs the history of Sino-Japanese affairs and a documentation of how Modern government operates also this document functions in terms of relating to third world reconstruction agenda and how the third world is in need of economic and social reconstruction. I. International Law – the common precedent set for international standards and norms like human rights laws II. Legislators are representatives of the people that form the laws that govern a state. Legislators sign and ratify treaties, conventions, agreements, arrangements, protocols, covenants, charters and acts to usher in acceptance of international standards & for submission to the rule of law set by International actors & sovereign states & international organizations & intergovernmental organizations III. Law of treaties is now set by the 1969 Viennna Convention on the law of treaties which consist of basic principles and procedures for acting upon treaties with regards to binding effects & interpretations
  • 2. POLISCI a Global Synopsis IV. Pacta sunt servanda – binding treaties must be performed in good faith, treaties are binding to state parties like officials and representatives of the state & their constituents V. Sec of state – US Reps negotiate treaties(Senate-House & subcommittees), reps sign treaties authorization, executive office signs treaty- treaty in effect VI. Bilateral – binding among two parties or two groups & Multilateral – binding among multiple parties or multiple groups like a defense pack in which parties agree to not attack or come to the aid of a member pac party in the event of war VII. Reservations – exclusions to a treaty as domestic law permits however international norms like human rights can take precedent and authority over a domestic law due to the peremptory significance to which International Standards hold in relation to civil norms VIII. Amendments are changes to a set of legal documents that require signing and ratification by all parties representatives
  • 3. POLISCI a Global Synopsis IX. Protocols are changes or additional provisions that supplement a previous treaty or replace or support treaties already in effect X. Treaties have interpretation guidelines where other treaties can take precedential effect over other treaties like in the case of human rights or non violent religious rights XI. Withdraw from certain treaties is forbidden like human rights treaties and prohibition on nuclear & chemical weapons XII. Suspension of obligations to a state is valid when breaches of a treaty or treaties that all parties are member to in a bilateral or multilateral agreement XIII. A treaty can become invalidated via the circumstances to which the treaty was signed XIV. Suspension of a treaty can come into effect via alteration of consent
  • 4. POLISCI a Global Synopsis XV. UN law registers treaties & recognizes treaties thus validates treaties for enforceability via office of Legal Affairs & ratification & signature by member states, the UN sovereigns nations via being the sole power to recognize treaties & as the Charter & trusteeship provision Indicates the UN acts as the governing authority to recognize state powers XVI. Public International Law & Private International Law – Status, Jurisdiction, Property, Obligation & Tort- Substantive law, procedure law, process law, & remedies or solutions. XVII.International economic law, International security law, International criminal law, international environmental law, Diplomatic law, international humanitarian law or law of war, International Human Rights Law XVIII.Intl’ Econ law dictates law & commerce among nations- International Trade law which is set by treaties for the establishment of international financial institutions & transactions among international parties both private and public
  • 5. POLISCI a Global Synopsis XIX. Regional economic integration, Development law, commercial arbitration, intellectual property law, international business law like PCI standards & SEC & FTC & Trade pac treaties XX. International security law dictates war affairs like deployment and certain weapons prohibition, ICC affairs ICJ affairs, Maritime, Aerospace, & Geo space affairs, tribunals, anti terrorism, XXI. International Criminal Law – is the judification of crimes like terrorism or genocide or crimes against humanity like attacks and hate crimes XXII.Environmental law- regulation of geo & maritime zones like the artics, forest, fisheries, and atomosphere & oceans 1972 UN convention on Human Environment, 1992 UN conference on environment and development UNCED which produced the RIO Declaration,,, 1997 Kyoto Protocol and 2002 world earth summit XXIII.Diplomatic law – the power of authority to grant immunity or priviliges to state officials or states in general
  • 6. POLISCI a Global Synopsis XXIV.International humanitarian law—regulation of armed conflict and war – Jus ad bellum – legality of resortion to war—Jus in bello how states must behave during war 1949 geneva conventions and Geneva convention 1864 XXV. Human Rights law is supreme law authority in regards to UN conventions and the Charter. XXVI.International law has three prime sources XXVII.Custom, International Treaties, General Principle of law, common law or court precedent, Writings of International scholars XXVIII.Treaty law supersedes all state and local laws XXIX.In regards to controversial cases custom law may at times supersede old treaties until a new treaty can subsist or suffice for the case at hand XXX.Treaties are hard law like extradition treaties or defense pacts
  • 7. POLISCI a Global Synopsis XXXI.Treaties serve to regulate international affairs and International trade and in pure form serve as the foundation of ethical praxis in regards to multinational corporations and NGO’s form of governance & their constitutions or bill of principles XXXII.Treaties serve as the foundation to obligations to which states are obligated to uphold and honor Hence Opinio Juris Sive Necessitatis or Opiniio Juris XXXIII.Comity the alliance of multiple nations in praxis of global commons or precedents like treaties & international trade pacts also comity in regards to customary international law like diplomatic immunity for officials traveling in foreign states XXXIV.Permanent Court of International Justice & International Court of Justice & the Statutes here of XXXV.Jus Cogens or strong law is peremptory, General Principles of law from jurist doctorates are the foundation to the formulation of new treaty law and precedential customary law or global commons
  • 8. POLISCI a Global Synopsis XXXVI.Warships are only subject the the jurisdiction of the territorial waters they are in or the flag to which they fly XXXVII.State officials cannot be brought before an international tribunal except in cases of severe treaty violation like war crimes XXXVIII.State jurisdiction is superseded by international law when invoked or involves cross jurisdictional affairs however local native courts usually hear caes in regards to family law, real property, private contract of which can be heard by international arbitrators for dispute settlements like the international center for investments and trade disputes. Tho back to local regulation domestic commerce that does not involve foreign affairs, medical cases, tort cases, local commerce law that does not involve international affairs, injury cases, workers comp cases, estate probate and inheritance cases are generally handled by local civil courts and state courts like State Supreme court, Superior court, special courts like bankruptcy court admin court, junvinile, chancery, commerce court, estate courts. Also there is local municipal court in which minor cases and traffic issues are heard.
  • 9. POLISCI a Global Synopsis XXXIX.There are generally four levels of state courts : trial courts of limited jurisdiction, trial courts of general jurisdiction, appellate courts, state high courts, the federal appellate or appeals court and federal constitutional court and Supreme court , tax and trade courts & US district courts which handle broadcasting, civil rights social security and tax issues as well as interstate commerce like air, rail, & vehicle transit routes and modes of transit, district court also hears cases involving securities and commodities and the regulation of both & regulation of corporate affairs like SEC filings for settlements in regards to fraud or commercial tax evasion including international transactions, Intellectual copyright laws, telecommunications, treaty law, state to private corporate regulation and investment disputes however international arbitration can be invoked according to international commons that dictate that both parties must agree to arbitration, however new norms have taken precedent in which treaty law designates arbitration as a first measure to dispute remedies in regards to any party whether it be for workers comp or estate settlement or corporations filing for losses due to a state action Under new legislation all property is federal property that is regulated by treaty law thus international norms and treaties are the basis to governance in all cases since new executive orders established under the Obama administration and the 114th congress that dictate these assertions as the law of the globe, environmental law can be heard before the ICJ and ICSD to arbitrate or judicate the impact that corporations or individuals have upon the environment and ecosystem, like for example should oil companies be responsible for compensating peoples of certain territories for damages to wild life and ecosystems within the damaged zone
  • 10. POLISCI a Global Synopsis 1. Hedged Options & Futures Contracts: where by a two parties or more enter into a contract where the purchasing party agrees to purchase a sellers assets or securities if it is trading at or above the contracts predicted price or rather future; hence Futures Contract. Thus in a hedged options futures contract the purchasing party pays a premium for the option, that guarantees the purchasing party the right to or not to purchase the assets or securities if in the event that the performing asset or security fails to reach the contracts expected trading value or rather if assets or securities future trading value is lower than the hedged value, however in the event that the asset reaches the forecasted value, the hedging party is required to purchase the asset or security as the provisions in the Options and Futures Contract dictates Economic Warfare The European Investors in regards to The Chinese Stock Exchange invested heavily opening hundreds of companies and in pure form boosting the economy to a major distributor level only to pull out to in effect cause a sell off of Chinese stock and a devaluation of the Chinese Stock Market and in turn causing Chinese stocks and the yaun to have less value in response the Chinese PRC party moved to prevent new IPO’s, as an effect causing Chinese manufactured goods to cost less on the international market. Which is why Chinese investors diversified their economic portfolios via investing in US Treasuries, & EU Treasury Bonds, and US & EU companies and in general Foreign stock exchanges with emphasis in general American Midwest and American Northeast real-estate most notably New York & Utah as are Chinese investors major investors in US & EU & Central Asian international ports and harbors specifically in the EU, Iran, and India; all to compensate for the potential Chinese stock exchange revaluation. An example: Link 9--( para 4) and Link 7 --- Adjacent quote supporting claim--“Chinese firms have bought stakes in Brazil's electrical grid; they are building steel mills, car plants and a telecommunications infrastructure in that country. Chinese grain companies are negotiating to buy huge tracts -- some larger than 600,000 acres -- of Brazilian outback to plant soybeans. Chinese firms have the inside track on landing a huge high-speed-rail contract. They want to help
  • 11. POLISCI a Global Synopsis realize Brazil's gargantuan plans -- estimated at more than $250 billion -- to tap its offshore oil reserves.”(6) The European and North American investors increased Mergers and Acquisitions to reduce the number of publicly traded companies, thus in turn as supply and demand laws dictate the lower the supply --the higher the demand; and in regards to the number of companies, the supply is less than it would be without the M&A. Therefore stock prices are higher because there is infused liquidity from the stimulus or quantative easing, thus giving banks greater purchasing power, thus greater demand for the limited number of stocks; hence why stocks are at all times highs, and because the investors and corporations acted to consolidate business capital into a fewer set of hands via Merging Corporations and in turn with moves that reduce costs via job cutting and combining cash flows into each corporations unified commercial structure, the corporations were able to increase the capital value of all US stock. Also with a major treasury bond sell off the US dollar treasury yield increased in value of which when the federal reserve raises short term and long term interest rates will cause inflation because the US deficit is too great to make good on the treasury yields, thus the ROI is inequitable, therefore to counter this asset to equity imbalance the duties on the capital product & securities sector of the 11 Asian nations must correspond to the US equity market via harmonizing trade relations or regulations rather and in pure form enabling a free trade agreement where intermingling GNP of TPP nations can apply towards a unified duties code that will in turn allow the US and TPP member nations to mutually share duties and in turn as an effect reduce inflation via mixing goods and services and underlying securities with the prime effect of sharing the taxable value of all goods in services within the TPP domain; and in pure form affording to the eleven Asian nations free trade rights to purchase & sell, or rather trade if you will, US Treasuries and goods and services without tariffs & conversely enabling the US to purchase & sell TPP member securities & treasuries of which will increase the value of all TPP goods and services & Securities under a unified free trade code, thus balancing the Asian gdp inflation rate with the US liquidity Inflation hence harmonization. An example: “US merger and acquisition activity hit an all time monthly high” 2015 Thus in turn the Gross Partnership Value will enable the TPP to trade its goods and services with nations not in the TPP for higher values, as an effect increasing the Net Present value of the TPP. The same harmonization can be applied to the TTIP as will the value of the Euro will increase upon when united with the US industrial and Tech sectors, hence a balancing measure that as an effect will enable US equity markets to invest in European Securities & vice versa for US Markets. Thus the TTIP in general will increase the trade of goods and services among TTIP members via duties harmonization and as an extension give the right to all TPP members to access & invest in the European Market via the US Market.(8) Link 9 (para 10) Therefore with the implementation of the TPP and TTIP and in pure form the increase in M&A and in general the US & EU stock exchange trading volume; all hedged contracts will be executed and all premiums paid on Chinese stocks will be acquired for the premium paid at all
  • 12. POLISCI a Global Synopsis Futures Contracts signing. Thus investors who hedged equity into Chinese Markets will attain Chinese stocks for values less than their expected worth and in pure form for less than what their trading at at present, all due to the futures contracts that Chinese brokers entered into with foreign investors; hence the premium option to, when the futures contract matures, acquire securities and assets at the premium paid value upon which if the securities & assets value are less than what the futures contract provisions dictates. 1. http://www.eastasiaforum.org/2013/03/24/chinas-strategic-interests-in-pakistans-port-at- gwadar/ 2. http://www.clingendael.nl/sites/default/files/2014%20-%20Chinese%20investment%20in %20Piraeus%20-%20Clingendael%20Report.pdf 3. https://euobserver.com/china/116537 4. http://epthinktank.eu/2013/05/13/chinas-presence-in-african-ports-investment-across-the- ocean/ 5. http://www.washingtonpost.com/wp-dyn/content/article/2010/07/25/ AR2010072502979.html 6. http://www.washingtonpost.com/wp-dyn/content/article/2010/07/25/ AR2010072502979.html 7. http://rt.com/business/271723-china-freeze-ipo-decline/ 8. http://www.iomtoday.co.im/news/business/spotlight-on-all-time-high-for-mergers-and- acquisitions-in-the-us-1-7301952 9. http://www.fundsglobalasia.com/worldwide-news/14828-european-investors-pull-out-of- equities-in-october PRC Exclusive Economic Zone declaration in the High Seas of ocean waters bordering coastal states Vietnam & Philippines is illegal & in violation of UNCLOS & the Charter Of Economics Rights & Duties of states. Quoting article 5 of the CERDS which state that limiting the "flow of access to commercial goods"-- in this case natural resources or commodities in the form of raw crude oil of which is a principal derivative of the goods commercial value & title; fore upon when the natural resource is refined in industrial capacity it is applicable as a commercial good or product. Thus the PRC EEC declaration is illegitimate by CERDS treaty law "pacta sunt servanda" of which the PRC EEC illegitimacy can be-- regarding the PRC's obligations to honor treaty law adopted by the UN General Assembly-- understood by way of defining "access" to deep sea drilling as a "duty" to share the responsibility to promote the regular flow and access of all commercial goods.   And article 6 dictates all States have the duty to respect that right by refraining from applying economic and political measures that would limit it.  Thus the PRC are engaging in a geo military acquisition of a shared resource or commercial good, a shared good or commodity of which is intended to "assist in the promotion of sustained growth of the world economy".& the PRC are therefore blocking access to a shared good & are "limiting" multiple developing countries economic development,
  • 13. POLISCI a Global Synopsis notably states Philippines & Vietnam by way of the PRC Exclusive Economic Zone Declaration ATMD +1.615.719.0992 ALANDIXON@me.com CERDS Article 6 It is the duty of States to contribute to the development of international trade of goods, particularly by means of arrangements and by the conclusion of long- term multilateral commodity agreements, where appropriate, and taking into account the interest of producers and consumers. All States share the responsibility to promote the regular flow and access of all commercial goods traded at stable, remunerative and equitable prices, thus contributing to the equitable development of the world economy, taking into account, in particular, the interests of developing countries. Article 5 All States have the right to associate in organizations of primary commodity producers in order to develop their national economies, to achieve stable financing for their development and, in pursuance of their aims, to assist in the promotion of sustained growth of the world economy. In particular accelerating the development of developing countries. Correspondingly, all States have the duty to respect that right by refraining from applying economic and political measures that would limit it.  Please comm me for an internship or a paid position working on the Senate Foreign Relations Sub Committee, if there is an availability. Sent from my iPhone Intergovernmental Organizations Globalizing Human Standards Intergovernmental Organizations (IGOs) are the new moderators in global governance taking actions of international justice, financial discipline, and humanitarian intervention. IGOs are beginning to form and set trends and standards for global development and global standards that preserve and protect human rights, intellectual property rights, physical property, and the individuals right to life, love, and the pursuit of happiness effectively by way of institutional
  • 14. POLISCI a Global Synopsis sovereignty furthering those who strive to sustain a global community and a common market that enables prosperity for humanity. One of the major insights of the literature on global governance is the idea that an ever- increasing number of issues cannot be adequately governed within the nation-state. In the age of globalization, there is a need for global governance because of externalities for other states and peoples. If problems cross borders or become deterritorialized, political answers must be global.1 This has been argued convincingly for policy areas ranging from environmental protection to maintaining a liberal worldtrade order and financial stability to issues of health and human rights. (2)(Rixen, Thomas, Global Governance)(10) Three international principles that relate to globalization, global governance, and international standards across the globe are needed for a free global community with a common market that has free protected prosperous economic trade; one judicial guarantees and protection for the rule of international law including but not limited to intellectual property rights, two a regulated central bank with practices focused and geared towards structured and balanced reinvestment of capital and marginal profits into the economy for standard of living improvement, infrastructure facilitization, economic progress, environmental protection, and civil organisation, and three to guarantee the inshrinement of individuals, their human rights, and their sovereignty. "Nobel Prize winner Amyarta Sen argues not only that personal freedom and individual rights are global in nature, but that they are also inextricably linked to economic development."(9) "Globalization enables each of us wherever we live, to reach around the world farther, faster, deeper, and cheaper than ever before and at the same time allows the world to reach into each of us farther, faster, deeper, and cheaper than ever before" (Friedman and Kaplan, 2002, p. 64) (11) (2012 Kegley;Blanton) laissez-faire capitalism has caused the international monetary system to fail and has strained the living standards of humanity throughout the globe in conjunction with the geopolitics as far as traded resources are concerned in geo economics. Which is why the demand for IGO institutions is ever more relevant in the globalizing world of international relations. "Globalization implies the growth of a single, unified global market."(11) (2012 Kegley;Blanton) The amount of "currency that circulates in four days is greater than the total yearly production of the U.S. economy." "as noted by Niall Ferguson (2008), for 2006 the total value of all the stock markets in the world ($51 trillion) was about 10 percent larger than actual global GDP ($47 trillion). The total value of all bonds, domestic and international, was even higher at $68 trillion. Yet the value of the derivatives market--newer finical instruments that are essentially 'side bets; placed on the prospective future value of assets such as sotcks and bonds-- is much greater during that same year, $473 trillion of derivatives were bought and sold. In other words, the market for these purely speculative financial instruments was ten times larger than the actual amount of goods and services produced in the world! 'Planet Finance is beginning to dwarf Planet Earth' )Ferguson, 2008, p. 4). (11)" (2012 Kegley;Blanton) "Globalization is undermining states" this fact implies that the need for IGOs is ever so dire and needed to regulate the finances of global trade and prevent exploitation of markets and their people. "Bankers and economist have called for the creation of more reliable multilateral mechanisms for policy coordination to better mange the massive movement of cross-border capital"(11) (2012 Kegley;Blanton) Standard levels of wages around the globe would balance and fuel competition in a global market where jobs are scarce in the flux market of labor cost essentially allowing for greater competition and more advance levels of equality and development. An equality of these standards would fuel personal development amongst the population leading to greater numbers of academics scientist, researchers and engineers who could increase development of society
  • 15. POLISCI a Global Synopsis and market fluxes by way of their contribution to the social economy. More brains more bronze at least as far as technological, social, and facilitzed infrastructure is concerned and humanities condition as an economic ecosystem that is harmonious to the planet. Yet balance is in order for the preservation and sustainability of the ecosystem. Referring to the need for civil population control and the need to preserve a standard of living. The primary reason being that until the time whence society achieves interplanetary travel humanity is limited to scarcity and the resources that exist here on this planet. Thus IGO's have the responsibility to enforce the three principles of sustainability to maintain a flowing market and the development of humans until humanity has the capability of expansion beyond the boundaries of the atmosphere where new raw resources can be mined, harvested, and cultivated for humanities growth. "Intergovernmental organizations (IGOs) have national governments as members, and work to promote voluntary cooperation among those governments on matters of shared interest. IGOs have little or no autonomy in decision making, because their members make all the key decisions, and they usually have little or no ability to enforce those decisions."(7) Recognition by way of international enlightenment is bringing forth an age in which the autonomy of international institutions is becoming sovereign by way international cooperation amongst individuals who participate in international relations. This includes all national organizations in the global market especially organizations that work to integrate the international markets of states into a common market most significantly the World Trade Organization."When The UN was founded there were few NGOs, but their number worldwide has multiplied many times over since then. The UN has taken a growing interest in NGOs because they represent the interest of civil society, which is gaining visuality as a foundation of democracy. Kofi Annan acknowledged the importance of creating partnerships between the UN and civil society to achieve 'a new synthesis between private initiative and the public good, which encourages entrepreneurship and market approaches together with social and environmental responsibility.' ECOSOC negotiates the agreements that define relations between the UN and the more than three thousand NGOs that have 'consultative status,' which gives them the right to participate in meeting, studies, and projects and to submit reports to ECOSOC." (8) Nongovernmental organizations have become important in helping implement many UN efforts and programs such as those related to human rights, literacy, health care, and economic development."(8) Thus the formation of bodies like the European Economic and Social Council (ECOSOC) for integration of organizations into the UN as executive administered communitive bodies capable of managing affairs of the globe in an earmark fashion is essential to the implementation of the three principles for global governance and bringing forth a connected integral political society founded in a common market with united standards for the functioning of international relations and global governance. The global development of peace and economic prosperity is attainable with a unified system similar to the European Union where "institutions have the power to make laws and policies that are binding on the member states, and the EU" like the United Nations, where the general assembly "has authority" to "override national law" or state law by agreement of the EU constitution or in the case of global affairs the UN charter which has the authority as a consensus body to recognize validity of sovereignty (7). The concept of instrumental organization of multinationals like the European Union but across the globe is a form of "supernationalism that has a united identity founded in human rights and civil rights for all members. "A style of decision making in which " 'the participants refrain from unconditionally vetoing proposals and instead seek to attain agreement by means of compromises upgrading common interests' (Haas, 1964, p. 66)(7)
  • 16. POLISCI a Global Synopsis A common market is key to the development and attainment of a collective society that cooperates internationally for the three principles of global governance. To insure that a common market is successful the three principles listed above are necessary and are to be acknowledged by the international community. Thus on the grounds of humanitarian intervention IGOs who administer NGO's in an network of communtive bodies need to have a righteous indignation towards nations that violate treaties and charters like the Bill of Human rights and the United Nations Charter and the violators must be swiftly handled by the ICJ which is founded in principle three: the inshrinement and protection of human rights. For peace building and international justice these elements are necessary to attain the first principle of the three principles of international governance . As Vandeginste, Stef and Sriram, Chandra Lekha indicate to achieve justice,"The establishment of multiparty democracies, the introduction of market economies, and the transition from conflict to peace are seen as three interdependent and mutually reinforcing transformation processes. The protection of human rights and the promotion of the rule of law are considered to be one of the stepping stones in order to attain this overall goal. The contemporary concepts of transitional justice," the goal of international justice and regulatory reform administrated by IGOs.(12) IGO's have a duty and responsibility to the individual but also to the first and second principles of successful international governance for social, ecological, and economic prosperity. International treaties, regulations, legislation, and reforms are meant to preserve the peace and prosperity in conjunction with progress of the globes nations especially in regards to environmental protection, the guarantees of civil and human rights, and the development of economic and social progress, which is why regulation and administration and implementation of international law is of the utmost importance. The three principles are in accordance with the United Nations Charter. Thus the United Nations is obliged to uphold the three principles and any democratic consensuses that the UN mandates. The Charter of the United Nations and branches and bodies thereof decree all nations equal in the issuance and validification of sovereignty and there by sovereigns nations by consensus as does the United Nations by majority pass legislation, treaties, and reforms for global implementation. Therefore to achieve the three principles and for peace to be adhered to the UN has the authority and ability to regulate and administer global affairs and international law whether they be states, NGOs, or grouping of individuals by virtue of being an Intergovernmental Organization that functions by consensus of the general assembly and the participants of international relations. Therefore to enable proper governance foreign portfolio investment and direct foreign investments from global bodies like the Organization for Economic cooperation and Development (OECD), the international monetary fund (IMF), international development association (IDA) and the world bank (WB) are requisites to accomplishing a united common market that is regulated and prosperous without any overspills from crisises in certain regions of the globe. Regulation and structured loans to nations, businesses, and firms with hiring quotas are essential to economic and social progress, the distribution of the economic pie for global development, and the second principle of the three principles to international governance and standards: regulated centralized banking system of finances that is oriented towards planned structured investment that raises living standards and social progress; like a committee or executive board would do when attempting to reign in profits but in the case of globalization the incentive would be to create higher prosperity and a larger flux of goods and services, which would in turn cause a greater distribution and circulation of finances like a living organism that has blood flowing to every extremity of the body. The authority presented to the judicial branch of the United Nations is pertinent to the security of sustainable development and the security of property rights both intellectual and physical. That
  • 17. POLISCI a Global Synopsis being principle one of the three principles which makes the regulation and administration of principle three and two a realization. Therefore to actualize unified standards and secure the three principles of global governance the authority of the United Nations as an IGO body has the power of humanitarian intervention by decree of the UN Charter which is a viable path for administrating global affairs and international relations amongst the states, NGOs, and individuals; whether they be for human rights, civil rights, intellectual property rights, economic development, or environmental protection. ICJ jurisdiction, which I present in principle one of the three principles to international standards and global governance, is necessary for protection of individual rights both sovereign human rights, and property rights; whether intellectual or physical. Thus effectively promoting the principles of global governance will bring forth higher prosperity in regards to productivity, health, and social progress; which includes infrastructure of transit and infrastructure of social institutions that build and maintain the development of civil society. Infrastructure for international trade is key to promoting global growth inconjunction with protection of intellectual property rights. An international tax such as the financial and monetary currency transaction tax which has been proposed to the UN is applicable to the international monetary system for funding international trade routes like trains of the evacuated transport tube design, which are environmentally safe and a more efficient means of transportation and could integrally connect the globe on a scale previously unthinkable. IGO authority and power can be utilized to control the funds of global commerce to bring forth global educational standards, which in turn will bring about more organized civil societies that can orchestrate health, social, and facilitated infrastructures. Developed entities and agencies like the World Health Organization and doctors with out borders can be used to increase health levels around the globe. As economics dictates more healthy people equate to lower poverty, lower overall health expenditures in the long run trade off, and higher productivity rates which all together equates to higher prosperity (Greg Mankiw); thus a more healthy society with more educated minds enhance civilizations ability to develop and apply more resources towards growth, sustainability, and research and development that can preserve the sanctuary within which humanity and the delicate ecosystem resides. IGOs via global consensus with the UN can assimilate national differences to strengthen the three principles of international standards and global governance. The microcosm of the commonwealth states of the British Empire and the Commonwealth of Independent States, and the European Union are models of interconnected trade and custom unions that have and are assimilating the diverse cultures of the globe. The gains of these organized unions have been internationally recognized like the Nobel peace prize having been awarded to the EU and its conglomerates. Education in these unions are reducing culture barriers and strengthening diplomatic relations. The ability for nation states to provide higher education to the people of the globe is imperative to the success and development of global progress and prosperity. Education in international standards can and will improve the relations of the globe and the geopolitical needs of all humanity. Actualization of global standards is a mechanism for peace, environmental sustainability, and social prosperity. Institutional infrastructure designed to cater to the needs of a complex interconnected globalized civilization is pertinent to the actualization of global standards like health, infrastructure, commerce finances, and education for development. Treaties like the International covenant on civil and political rights (ICCPR), the human rights declaration (UDHR) are pivotal and signify the acquiescence of global institutions and global standards that promote a preservation of peace and prosperity. Human right bodies such as the Human rights council, the commission on human rights, the office of the High
  • 18. POLISCI a Global Synopsis Commissioner on human rights and the treaty bodies like the Human Rights Committee, (CESCR) Committee on Economic, Social, and Cultural rights, (CERD) Committee on elimination of racial discrimination and (CEDAW) Committee on elimination of discrimination against women, (CAT) committee against torture, (SPT) subcommittee on the prevention of torture, (CRC) Committee on the rights of the child committee on migrant workers, (CED) Committee on enforced disappearances are necessary and purposeful in achieving the safety and security of all individuals and the institutions that protect and maintain the basic rights and freedoms that all people are born with much the same in regards to purpose with institutions like the International Justice system and global monetary system. Guaranteeing these bodies and institution guarantees individual sovereignty and welfare including social infrastructure that promotes and maintains research and development in all global spheres. Therefore IGOs as a moderator and institution of globalization are indeed pertinent to supporting the three principles of international standards and global governance: one judicial guarantees and protection for the rule of international law including but not limited to intellectual property rights, two a regulated central bank with practices focused and geared towards structured and balanced reinvestment of capital and marginal profits into the economy for standard of living improvement, infrastructure facilitization, economic progress, environmental protection, and civil organisation, and three to guarantee the inshrinement of individuals, their human rights, and their sovereignty. The United Nations General Assembly adopted of the Universal Declaration of Human Rights (UDHR) on 10 December 1948.(2) International Law when legitimized by a majority of UN members can be enforced and implemented with arbitrary powers of the majority. The trend of international intervention in recent history for protection of global nationals and their human rights is setting a new international order in which states adhere to the global norm of respect for international laws and the freedoms they guarantee for all humans regardless of statehood. Crimes against international law are committed by individuals but are condoned by entities, which makes the entity resoponsible for the actions of the conglomerate, failure for a governing body to protect rights granted to individuals by international law consequentially allow those crimes to befall against themselves as an entity or state and are therefore responsible and accountable to the international court of justice; especially when a political group with its leaders is deemed or designated as a threat by the international community. The entity or group or state is accountable for the actions of its members much like when a soldier enemy combatant or terrorist that is affiliated with a larger group commits a crime; which is why certain organizations are considered hostile to states and the international community. Therefore the orchestration of state sponsored terrorism to dissolve a sovereign state by insurgency is a war crime, a war crime that undermines international law and states that adhere to the conduct of tthose laws. Many condemned the U.S ivasion (Iraq) as a breach of international law (paust 2007) calling the United States a Rogue Nation and an outlaw state (Gureau 2004, Hathaway 2007)(2012 Kegley;Blanton chapter nine)(11) The international Court of Justice (ICJ) and most international legal authorities currently construe the UN Charter as prohibiting any use of force not sanctioned by the UN Security Council or UN collective consensus with the exception of actions taken in self denense against an actual or imminent state-sponsored armed attack(Sofaer, 2010, p. 110) Military necessity the legal principle that a violation of the rules of warfare may be excused for defensive purposes during periods of extreme emergency(Kegley, Blanton chapter nine p. 313,
  • 19. POLISCI a Global Synopsis 2012)(11) Thus in the case for human rights and defense of those rights humanitarian intervention for the nationals of a state is reasonable. "Liberal paths to the control of armed conflict embrace the conviction that war and international instability are primarily caused by deep rooted global deficiencies that reduce incentives for international cooperation (Barrett 2007) Thus liberals advocate institutional methods to pool sovereignty in order to collectively manage global problems with the expansion of global norms that support collective solutions to conflicts in world politics. Constructivist envision greater possibilities for the peaceful resolution of situations that might otherwise lead to armed aggression (Kegley, Blanton chapter nine p. 313, 2012)(11) International law has revently begun to fundamentally revise its traditional prohibition against military intervention in the wake of the recent wave of terrorism by states against their own people (Kegley, Blanton chapter nine, 2012) For humanitarian purpose, the belief that governments have a right, even an obligation, to intervene in the affairs of other states under certain conditions has won advocates (Kegley, Blanton chapter nine p. 313, 2012) Responsibility to protect (Gareth Evans) and To institutionalize the idea that all states have an abligation to shield their own citizens from mass atrocities, and if a state fails to do so, it falls to other states to take on theat obligation (Malcomson, 2008 p. 9 ; Doyle, 2011) (Kegley, Blanton chapter nine p. 313, 2012) (11) Today international law has defined military intervention as a right and a duty to alleviate human suffering, stop genocide and ethnic cleansing, and prevent the repression by states of basic human rights and civil liberties (Feinstein and Slaugter, 2004: Finnemore, 2003). (Kegley, Blanton chapter nine p. 314, 2012) Over the last fifty years, new universal support has emerged for endorsing intervention as a legal right to protect human rights-political rights and civil liberties now recognized by the global community as inalienable and valid for all individuals in all countries.. This includes even the right to military invasion and occupation (Kegley, Blanton chapter nine, 2012) The rising frequency of global crises has pushed efforts to rewreite international law so as to facilitate diplomatic negotiations that bring about nonviolent settlement of disputes (Kegley, Blanton chapter nine, 2012) Marxism ;when equal rights collide force decides (Carty 2008 p. 122) (Kegley, Blanton chapter nine p. 313, 2012) (11) "Universal values all human beings have certain basic humanrights such as the freedoms of religion, speech, association, and thought. Mary AnnGlendon emphasizes how Eleanor Roosevelt took up this mantle in espousing and shepherding the development of the 1948 Universal Declaration of Human Rights(UDHR), the single most seminal document legitimizing the universal perspective. 1Larry Diamond has prolifically articulated the universalist perspective on the applicability of democratic principles globally, for example, in Developing Democracy: TowardConsolidation. 2 Nobel Prize winner Amyarta Sen argues not only that personal freedom and individual rights are global in nature, but that they are also inextricably linked to economic development. 3(McMahon and Ascherio)(9) Thus the transformation of the three principles of global governance are integrally related to human progress and prosperity, social and economic development, and environmental and infrastructure sustainability both ecologically and socially in regards to the eco biosphere, which we inhabit, and the structures and institutions of society respectively. Those who argue against universal human rights are essentially in violation of the UN Charter and therefore have no sovereignty as far as global recognition by the collective democratic consensus body the general assembly. The Universal Periodic Review has quintessential in beginning to make recommendations to the Human Rights Council for human rights progress according to the research presented in McMahon, Edward, Ascherio, Marta, Global Governance article. But recommendations do not serve the needs of global human rights
  • 20. POLISCI a Global Synopsis demands, which is why the UN as a global authority and interventionist power as an Intergovernmental Organization is responsible to the humans of earth and for the guarantees of human rights that the United Nations Charter promotes and recognizes as essential to global peace and prosperity. The goals of many internationals is to obtain more distributive power for those outside the UN Security Council. Francois Hollande and many others have put forth recommendations and decrees calling for reform to the UN Security Council. I would like to get progress made on Security Council reform to allow there to be seats for new permanent and non-permanent members alike. Fran ois Hollande, President of the French Republic, 27 August 2012(4) Thus, for the implementation of international standards and the three principles of global governance for a better more connected international society that works for development and sustainability both for social progress and environmental protection, humanitarian intervention the new trend in World Politics is a concept of action that must be recognized as legitimate since it is legitimate in the context of international law and what the UN Charter permits as a living source whence the idea of humanitarian intervention and protection of humans rights came from. Therefore the power of the UN Charter enables intervention in state affairs for the three principles of international relations and global governance and I present the below information as to why the UN can sovereign nations and intervene for people of nations who'se governments violate the UN Charter and Universal Declaration of Human Rights. "Some see the phenomena of internationalization of human rights and relating human rights to International Safety and Peace Insurance as resulting in making the use of armed force an ethical and legal justification in case of human rights violation"1 "The increasing change in the global vision of human rights has led to crystallization of many legal laws that grant individual rights to face states, equipped with many legal insurances and surveillance mechanisms on states that aim to protect the human being and his dignity from any violation, as for example are the International Announcement for Human Rights, the Two International Covenants for Human Rights and other international and regional conventions that assure the globalism of human rights without exception.1This means that states recognize the idea of internationalization of human rights protection and its globalism, and also value the international considerations when treating her citizens and residents, based on the international commitments guaranteed by international conventions. 1the strong and direct relevance between respecting human rights and the international guarantee of the peace and safety have expanded human rights issue from the internal level to the international one (1) especially after states gave up their responsibilities in many fields, resulting in the deterioration of internal and external sovereignty of the states, and changing the nature of the relationship between individuals and states, having the legitimacy of governments, laws and regulations evaluated on the basis of how committed they are to the international legal rules and principles, and how satisfied are the governed from the governor(1)"the phenomenon of individual humanitarian intervention has become very significant in human history."(1)"The phenomena of human intervention is not a new one in the international law, but has become majorly eminent in the world after the cold war, since the diversions witnessed by the international law as a result for the collapse of the Communist Countries and the outbreak of the internal conflicts and in many countries have lead to enforce human intervention to cease human rights violation , protect minorities, provide humanitarian aid and spread democracy, in a way that the right to intervene has become a replacement for the principle of not intervening and an introduction to a new pattern in the international politics. Take for example what happened in northern Iraq after the war of 1991, Somali, Bosnia and Herzegovina in 1995, Kosovo in 1999, Macedonia 2001 and Libya in 2011. The basic rule for human intervention was
  • 21. POLISCI a Global Synopsis the principle For Peace , announce by the United Nation General Secretary Boutros Ghali in 1992, which expanded the authorities of the United Nations in this field by specifying ready-to- intervene military units under the United Nations flag. This took place in the assembly of the United Nations Security Council Summit on 31 January 1992, when democracy and human rights were recognized as the only Ideology in the international relationships."(1) "The General Assembly for the United Nations followed the path of the United Nations by adopting decisions that permit the principle of human intervention" (1) Therefore, the High commissioner of the human rights committee has the authority to authorize international intervention of state affairs on behalf of humans. "human intervention is internationally accepted in the era of the United Nations taking in consideration that the intervention acts for humanitarian purposes are imposed by ethical and humanitarian commitments in the international community, because leaving victims without humanitarian aid poses a threat on human life and an insult for his dignity, and an unjustified disregard both legally and ethically, a fact that imposes on the international community immediate intervention not only to stop these acts but also to bring to justice its committers, especially in cases of severe violations for human rights and dignity. Therefore, it has become something given for granted for many Law men that it is legitimate and legal to use force, to ensure the respect of the United Nations purposes like human rights protection and spreading democratic values. (1)--6 Also to insure the protection of human rights the "direct supervision of the United Nations through Peace Keeping Units" is needed for "both the protection of the civilians and the humanitarian aid." and the basic freedoms inshrined by the declaration of human rights, and the International Covenant on Civil and Political Rights and its two Optional Protocols, and the International Covenant on Economic, Social and Cultural Rights, whence the bill of human rights.(1)--7the main target which the international law assume its fulfillment is the organization of human rights protection(1) a set of international legal rules for human rights is considered as Jus Cogens , which is the minimum level of human rights 25, therefore they cannot be violated because they are Erga Omnes ; having all countries committed to them and respect them even in the absence of a signed agreement because they are part of the general international system, a fact that makes violating it a legal and ethical justification for human intervention because such action would threat international peace and security. (1) Borchard sees that when a country overlooks the basic rights to its citizens, other countries have the right to intervene under the principles of the international law in the name of the international group, even if it had to dominate the violating country as long as it is for humanitarian reasons and in order to stop continuous outrageous violations 28 (1) Ayman Abu AL Haj indicates that we must look beyond the texts and restrictions of many charters and treaties and prize the most respectable and pivotal rules of international law those being most sacred, human rights, "especially when it is about the political systems that violate democratic values and rights individually or collectively." 29 (1) "Regardless of the nature of the political system and economic system, the Western countries adhered to the flexible interpretation to the principle of non-intervention, on the grounds that States and international organizations have the right to protect human rights in any country, given that the idea of human rights itself calls for unity of humanity regardless of religious or racial differences as well as and the legal system to which humans belong by nationality rights. Humanity is one unit that includes individuals who have the same rights and thus each member has a duty and enforces respect and protection"
  • 22. POLISCI a Global Synopsis 34(1)"The United Nations and by the contemporary legal concepts adopted the protection of human rights as an international issue that is not confined to the domestic jurisdiction of the States only by virtue of association with the international public interest, because the idea of human rights is based on a set of considerations that are based on the idea of international interest, on the grounds that these issues affect the the interest of the international community and living in peace and security, and therefore sovereignty may not be an obstacle standing in the face of these rights." (1) The United Nations Charter has made the principle of sovereignty equal for its members as a basis for international relations, which means that no state of the Member States is entitled to the power to qualify for the exercise of extraordinary powers to achieve superior manifestations of prejudice in human rights and intervention force to protect these rights."50 (1)This relates to the notion that no state is above any nation and any state that attempts to violate international law or violate human rights is susceptible to expulsion from the UN and loss of sovereignty. "This is illustrated by the report of the responsibility to protect issued by International Committee of the intervention and state sovereignty of the United Nations for the year 2001, when it stated that humanitarian intervention is based on modern understanding of the principle of sovereignty, which includes a dual responsibility to respect human rights at home and respect the sovereignty of other countries abroad. The Charter of the United Nations, which admitted to membership sovereign states at the same time commits itself to respecting the responsibilities of membership on the grounds that it sovereign States and the most important of these responsibilities to protect human rights internally and externally."41(1) Thus to preserve sovereign status all states and nations must be in compliance with international law and the UDHR. the quest for international security involves the unconditional surrender by every nation in a certain measure, of its liberty of action, its sovereignty that is to say, and it is clear beyond all doubt that no other road can lead to security. (Albert Einstein) (Kegley, Blanton chapter nine, 2012)(11) "The international humanitarian intervention of the United Nations is considered legal, while the humanitarian intervention by a state or group of States is not legal according to the contemporary international law, and if humanitarian intervention justifies the use of force legally, politically and ethically to prevent gross violations of human rights that threaten international stability, it is not entitled to any one state to intervene to address human rights violations in another state, but must be done to intervene in accordance with the Charter of the United Nations, which represents international legitimacy and the system of collective security, but the lack of an independent military of the United Nations undermines the collective security system, so that the dominant major states have right of international intervention, which causes it to lose the element of neutrality, and it becomes subject to misjudgment and abuse."(1) Which is why administration of the three principles of international standards and global governance are so pertinent and essential to bringing forth security, peace, and standards for the global community. Thus to remove the bias motives of the security council, democratic consensus by a majority like in the EU council of ministers is necessary to accomplish a democratic premise for humanitarian intervention via military might. There are reform procedures being called for by European governments, South Asia governments, East Asia governments, South American governments and some African governments. Recently October thirteenth Tayyip Erdogan of Turkey called for security council reform to address the issues in Syria. I would like to get progress made on Security Council reform to allow there to be seats for new permanent and non-permanent members alike. Fran ois Hollande, President of the French Republic, 27 August 2012(4)
  • 23. POLISCI a Global Synopsis Thus agencies like the European Foundation for the Improvement of Living and Working Conditions (EUROFOUND) and Food and Drug regulation like the U.S. FDA and reforms like the proposed adding of security council members or a complete overhaul via a democratic general assembly consensus are needed for the utilization of a democratic social consensus. Reforms like the financial currency transaction tax FCTT that enable administrative powers and the international telecommunications ITU that enables regulation and promotion of international exchanges including cyber safety for networks of monetary systems and transit infrastructure are also necessary for a collective body to function. A body that essentially uses majority vote for new legislation which is pertinent to the achieving the three principles of international governance and the development of global economic and social progress. International dividend and capital gains taxes for multinational corporations along with derivative trading regulations and taxes could also be a measure for funding administration of UN bodies. IGOs ability to govern and regulate NGO's and their activities is necessary for the attainment of international standards and peace. Thus to further and hasten the speed at which social, technological, and civil development occurs around the globe IGOs and panels thereof like those on agriculture, environment, infrastructure, and finance must acquiesce the role of international moderators who can intervene as a humanitarian force with delegation from the UN which the United Nations charter dictates and allows. Therefore consensus by UN members who retain their sovereignty by decree from the UN bodies must permit diplomatic and military administration by the UN for global peace and security, otherwise the anarchical system that has persisted for generations will continue to desecrate freedoms and human rights inconjunction with sovereignty violations which are the main guises of war. Kofi Annan A new broad definition of national interest is needed that would unify states to work on common goals that transcend national interests (Kegley, Blanton chapter nine, 2012)(11) Thus multilateralism is more propense of global politics rather than unilateralism. (Alan Dixon) Bibliography 1. Ayman Abu AL Haj Lecturer at AL-Balqa Applied University Amman University College for Financial and Administrative Sciences P. O. Box 69, Amman, 11821, Jordan European Journal of Social Sciences ISSN 1450-2267 Vol.31 No.1 (2012), pp. 76-91 EuroJournals Publishing, Inc. 2012 <http:// www.europeanjournalofsocialsciences.com> Military Humanitarian Intervention for Human Rights Protection: Legitimacy and Legal, Political and Ethical Dimensions. November 4th 2012 2. <http://www.ohchr.org/EN/ProfessionalInterest/Pages/InternationalLaw.aspx> 3. Turkey calls for UN security council reform over failure to pressure Syria, Jo Adetunji and agencies, Guardian, Saturday 12, 2012 <http://www.guardian.co.uk/world/2012/oct/13/turkey-un-security-council-reform-syria> 4. <http://www.franceonu.org/france-at-the-united-nations/thematic-files/UN-Reform/security- council-reform/france-at-the-united-nations/thematic-files/UN-Reform/security-council-reform/ article/security-council-reform> 5. <http://www.un.org/en/documents/charter/chapter2.shtml> 6. UN Security Council out of tune, serves no one's purpose: India <.http://timesofindia.indiatimes.com/india/UN-Security-Council-out-of-tune-serves-no-ones- purpose-India/articleshow/17074325.cms>
  • 24. POLISCI a Global Synopsis 7. Understanding the European Union: A concise introduction, John Mccormick, The European Union Series, General editors: Neil Nugent, William E. Paterson, Vincent Wright. November 4th 2012 8. An Insiders's Guide To The UN, Linda Fasulo, Yale University Press / New Haven and London. November 4th 2012 9.A Step Ahead in Promoting Human Rights? The Universal Periodic Review of the UN Human Rights Council, McMahon, Edward; Ascherio, Marta Academic journal article from Global Governance, Vol. 18, No. 2. Cengage Brain Questia http://www.questia.com/. November 6th 2012 10.Tax Competition and Inequality:The Case for Global Tax Governance Rixen, Thomas, Global Governance. Cengage Brain Questia, <http://www.questia.com/> 11. World Politics: Trend and Transformation, Charles w. Kegley, JR., Shannon L. Blanton. October 30th 2012. 12. Power Sharing and Transitional Justice: A Clash of Paradigms?, Vandeginste, Stef; Sriram, Chandra Lekha Academic journal article from Global Governance, Vol. 17, No. 4. Cengage Brain Questia, http://www.questia.com/ November 4th 2012 13. Principles of Economics. N. Gregory Mankiw is Professor of Economics at Harvard University. September 1st, 2012 Issues & procedures affecting Domestic society WTO law, UN conventions, PCI standards sub leasing 16 legal in family law conservatorships, Divorce, Child Protection standards, Elderly care law 17 finance law like ftc & sec laws, Intellectual copy right laws 18 world history 19 European politics Parilament, Commission, Council, ECB, monetary integration, Coalition governments, Local state governments, Military treaties 20 international organizations, NGO’s IGO’s UN convention laws, World Bank International Monetary Fund, Think Tanks, Global Universities and Foundations 21 global studies Poverty Income inequalities, Gini index, purchase power parity, GDP, quantative easing, proposed global transaction taxes, general institution & state building, Infrastructure
  • 25. POLISCI a Global Synopsis building, government coalitions, peace time and war time affairs 22 military affairs near east and far east wars, EU RU military build up, gorilla war fare near east, gorilla warfare latin America, Globalization, outsourcing, factory movements, Unions, state rights union rights, Republic vs democracy, Authoritarian, dictatorships, monarchs, congress, diet, parliments, councils, judicial supreme courts, high courts, Theocracies 23 theology Chirstianity, Hinduism, Islam, Judaism, Jainism, Buddhism, Ecoegaltarianism, Communism, Theocracies, socialism, ATMD~ Journal Entry Two The chapters includes the lay out of the federal courts ranging from the Supreme Court to the appeals courts both circuit & higher appeals which is after the district courts which divide into Constitutional Law Courts: International Trade Courts, Common Law Courts or Tort Courts, Civil Courts, Criminal Courts, Tax & Estates Courts, Probate Courts, Dispute Resolution Courts. From that point there are Jurisdictional courts that rank from State Supreme Court to County court where there is Criminal, Civil, & Chancery Court with an appeals court above those listed prior that serves as an appeal courts for the local state courts. The Statutory rule of law is the law that congress enacts for interpretation of the constitution for the regulation of interstate commerce & all interaction & transaction & for regulation of interaction among Nations. The Administrative Procedure Act adjudicates how agencies operate & are governed. Administrative Law is the law that regulates agencies and enterprise interaction and governance for rules & policies residing within an organizational structure. Common Law is the law that regulates interaction among citizens ranging from tort & small claims to criminal proceeding. Congress is delegated the power from the constitution to interpret laws for the governance of societyvia Article III. Article II enables the President to command as chief of the nation delegating foreign diplomacy to the oval office. Article I is designated for the creation of the Upper House –Senate & Lower House-House of Representatives of which there are two senators per state & ranging reps for each state depending upon populace size The Fifth Amendment delegates due process rights to individuals from the seizure of property without warrant. The Bill of Rights (first ten amendments) dictates the common citizen’s sovereignty within a Nation.
  • 26. POLISCI a Global Synopsis In essence Congress, when a bill is proposed either from the President or from a Congress member, decides whether or not a bill is passed & when a bill is passed first in the lower house & then in the Senate, the bill goes to the President’s office where the President can either veto or sign the bill; which would enact the bill as law. However when a President vetos a bill, Congress with a two thirds majority can pass a bill. The President can enact Executive orders which establish precedent for policy. Laws passed by congress in recent history has enabled the Oval office to wield greater power and authority. Though only congress has the power to initiate a war or rather Declare WAR. ATMD Is Drone Strikes in Yemen a declaration of War, especially since Iranian backed militias are supporting the recent coup by the Houthi Shia Rebels? Which is relevant of great significance considering the President of Yemen has resigned while under armed guard & house arrest by the Rebels. “Last week the rebels put President Abed Rabbo Mansour Hadi, a close U.S. ally, and his Cabinet under house arrest, escalating a prolonged power struggle. The officials resigned in response, and Prime Minister Khaled Baha said Thursday his resignation was "irreversible" according to a statement posted on his Facebook account.” http://hosted.ap.org/dynamic/stories/M/ML_YEMEN? SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2015-01-22-12-54-05 http://securitydata.newamerica.net/drones/yemen/analysis Learning from the slides has been a refreshing review for me. “To wield power is to have the ability to crush your opponent tho to choose to embrace your enemy with wealth in knowledge and good faith is power in of itself, thus as a power which do you wish to be remembered for constructing civilizations propitious future or the hegemonic bearer of societies Vituperation ? Thus is to allow a power known for wielding the forces of evil access to the latter of science a worthy prophylactic measure, one which may catalyze the potential empowerment of humanities development and in pure form reign in the stead of war as the modality of & for peace?. ATMD Sent from my iPhone Chapter Five Intentional Torts & Business Torts
  • 27. POLISCI a Global Synopsis XL. Torts Defamtion Negligence Interference with a contract Fraud XLI. Torts Vs Criminal Law Negligence when performing an act whether intentional or unintentional is a tort, as well as speaking irresponsibly with malice intent; which is slander; which is considered defamation when speaking to third parties regarding a plaintiff and to write a malice defamatory statement is considered libel; which means a defendant is responsible for an intentional tort. Criminal Tort is when negligent actions that affect society become relevant for a prosecution, where by a fine or punitive damages or both are issued within a court of Law. XLII. Categories Negligence & Strict Liability – Intentional torts Negligence when performing an act whether intentional or unintentional is a tort, as well as speaking irresponsibly with malice intent; which is slander; which is considered defamation when speaking to third parties regarding a plaintiff and to write a malice defamatory statement is considered libel; which means a defendant is responsible for an intentional tort. When a Party become injured due to negligent actions XLIII.Intentional Tort Intent to Harm another Must show proof XLIV.Defamation Opinion not valid Public personalities more difficult to win case due to parodies
  • 28. POLISCI a Global Synopsis XLV. Intentional Tort False Imprisonment Battery Assault with intent to attack 1. Emotional damages can be awarded for extreme cases of emotional harm 2. Damages can be awarded, Single Recovery Principle for all future past, and present damages 3. For wages – pain & suffering- future bills like medical costs XLVI.Punitive damages Only in extreme cases XLVII.Business Torts Interference with contracts when a known contract is in place Injury, Breach of contract, Awareness of a valid contract XLVIII.Privacy regarding Torts Intrusion into the Privacy of a parties life via stalking, harassing, or spying with technology like listening devices, cameras, or web traffic monitoring or with conventional methods like following a person in public is considered a tort, & compensatory damages can be awarded to the plaintiff for the above listed methods of investigatory actions that a defending party like a political action committee, or a group like a corporation, or an individual may employ or use when investigating or rather collecting data on a person, persons, or society. • I learned opinion matters at large • Current event: ABC, Jimmy Kimmel exploiting Children on his Nightly Show is Commercial Exploitation • Negligence when performing an act whether intentional or unintentional is a tort, as well as speaking irresponsibly with malice intent; which is slander; which is considered defamation when speaking to third parties regarding a plaintiff and to write a malice defamatory statement is considered libel; which means a defendant is responsible for an intentional tort.
  • 29. POLISCI a Global Synopsis Criminal Tort is when negligent actions that affect society become relevant for a prosecution, where by a fine or punitive damages or both are issued within a court of Law. Intrusion into the Privacy of a parties life via stalking, harassing, or spying with technology like listening devices, cameras, or web traffic monitoring or with conventional methods like following a person in public is considered a tort, & compensatory damages can be awarded to the plaintiff for the above listed methods of investigatory actions that a defending party like a political action committee, or a group like a corporation, or an individual may employ or use when investigating or rather collecting data on a person, persons, or society. Tort Law is when a Judge or Arbitrator orders restitution or compensation in regards to an abuse like Slander, Libel, or Injury whether emotional or physical. Assault in regards to an Emotional or Psychological injury can occur in cyberspace, or in metaphysical space or via psychological means. Battery doesn’t always apply, for example one can be accused of assault by way of threatening behavior like pulling a knife on a person with intent to harm or invoke fear. However battery is present when someone assaults with physical force a persons person or possessions; and battery is also present when malice intent is used to psychologically & emotionally harm someone via cyberspace or with verbal statements or written messages or psychological & environmental symbols; what is called Propaganda Show Boating in Political Science in a finite form a tangible method for war mongering via communicating with symbols & verbal or written statements. Compensatory damages in modern day cases are awarded to a plaintiff for pain & suffering, loss of work, medical bills, or loss or enjoyment in life or for potential future injuries that have potential to be incurred; like for example if a plaintiff incurs PTSD or physical injury like back pain via the negligent tort actions of a defendant whether it be a psychological assault via a false statement that had malice intent to harm an opposing party or whether it be a motor vehicle accident where by a driver intentionally ran a red stop light; which with regards to a MVA would be intent to commit an act however not intent to harm a second party, though the defendant who commits an unprovoked tort act with malice intent or by way of pure lack of care when operating or performing an act or negligence in any form rather, must compensate for the negligent tort action for present emotional & physical pain & suffering or any injuries rather for the life of a person or party including for past & future dates. Negligence is tort whether someone intends to commit an act or whether someone did not take due diligent proper care when practicing a method or “trade”, like when a doctor prescribes medicine & the patient incurs injury like “stroke” due to the negligence or lack of caution or lack of risk assessment a doctor would normally under standard circumstances regarding a patients
  • 30. POLISCI a Global Synopsis general health levels take when supplying a patient with potentially hazardous materials; which can be considered the mal practice of a physician. There are Business Torts where by a third party breaches a contract that two other parties have previously established with knowledge of that contract existence or when a business entity bribes a party to attain their services with intent to interfere with the relationship of two parties that have a prior contract established. For example offering a service discount to a consumer, who has business contract with one entity, to attain the consumer’s monetary exchange or business finance spending. There are commercial torts where by a business entity or persons with malice intent exploit a party for gains in any form whether it be for financial reasons, social rating reasons, or for mere enjoyment. Exploitation of a plaintiff or individual or group for monetary gain or social ploys without malice intent that incurs injury to a party is Tort; for example when Jimmy Kimmel uses children to increase his ratings he is effectively with awareness exploiting children for monetary & social rating gains, regardless whether he intended to harm them psychologically or to bring them enjoyment, he is consciously exploiting innocent children that which any educated adult would comprehend as a negligent tort act that involves children in an explicit commercial environment. In General Torts, whether they be intentional or via negligence or lack of care rather, are actions, symbols, or statements that cause injury to a party whether it be society, or a group, or an individual party. Alan Dixon Business Legal Environment Professor Dr. Shana Jackson 30 January 2015 Outline Chapter Three: XLIX.Litiagation Vs Alternative Dispute Resolution • Litigation involves filing of paper work & settling disputes in court
  • 31. POLISCI a Global Synopsis • Informal or formal process of settling claims outside of court L. Negotiation Offers & counter offers LI. Mediation Mediator negotiates for voluntary settlement Mediator does not decide final decision LII. Arbitration Neutral party decides binding decision LIII. Trial Courts Judge applies facts within their jurisdiction for a decision LIV. Appellate Courts Review trial court cases to check for mistakes Highest appeals court is Supreme Court of a State LV. State Court System Supreme Lower Appeals General Civil Division General Criminal Division Small Claims Juvinile Land Municipal Probate Domestic Divisions LVI. Federal Courts Regarding Constitution, Federal Statute, or Federal Treaty Diversity cases regarding international affairs & membership to multiple states Monetary value cases greater than 250,000 USD
  • 32. POLISCI a Global Synopsis LVII. Federal Court System US District courts are Primary trial courts 94 Districs Special courts like Bankruptcy court and Tax court Appellate courts US Circuits 12 intermediary Courts LVIII.Federal Court System II Supreme Court US appelas 12 circuits --US court of Appeals Federal Circuit US District Courts- Bankruptcy Court- Tax Courts – Agency Courts US court of International Trade—Us Claims Court—US Patent & Trademark Office LIX. Steps in Beginning Litigation Complaint Answer Counter Claim Reply LX. Variations of Pleadings Class Action – Involving great amounts of parties Default Judgement – failure to respond in a timely manner LXI. Discovery Interrogatories Depositions- Interview under oath Production of Evidence Physical & Mental Exam Discovery- electronic communications & e Info LXII. Discovery II Protective orders to reduce depositions via motion in court
  • 33. POLISCI a Global Synopsis LXIII.Further Steps Before Trial Summary Judgment – No trial necessary which is illegal Final Prep – guided Q&A for witnesses LXIV.Always a Right to Trial by Jury LXV. Burden of Proof Proof of whether the case is manufactured must be beyond a reasonable doubt in criminal cases & in civil cases more than likely LXVI.Plaintiff Case Opening Arguments Plaintiff Calls Witnesses - Examination Defendant Question Witnesses – Cross examination Defendant moves for directed verdict whether or not case is valid or not nie LXVII.Defendant Case Opening Arguments Plaintiff Calls Witnesses - Examination Defendant Question Witnesses – Cross examination Closing Arguments by both sides with summary LXVIII.Resting Case Judge instructs Jury for deliberation Verdict issued only with unanimous vote LXIX.Proceeding Following Verdict Motions for possible technicalities Appeal for higher courts Settlement at any point during trial I learned that Admin Law is outside Statute law via FISA Court or National Defense Policies
  • 34. POLISCI a Global Synopsis I learned that jury verdicts do not always have to be Unanimous. Most of the course material was a refresher regarding prior learning. An Example or current event would be the “Michael Brown case” from Missouri where by a jury did not convict the police officer for murder, however the DA from that district used an old law to circumvent the police brutality implied by the death of Michael Brown. CNN, FoxNews, Bloomberg, MSNBC Litigation via alternative resolution settling without a trial. Begins with negations offers & counter offers Mediation: where by a neutral mediator negotiates a settlement Arbitration: a neutral person decides a binding decision Trial court where by a judge applies law in his/her governing district, whether it be federal constitutional or local state or county law. Appellate Courts: review errors for a retrial or discardment Supreme court in a state is the highest appeals court Stat Supreme Court: general civil court, general criminal court, small claims court, municipal division, juvenile division, probate division, land division, domestic division; all may have jury. Federal courts: for claims regarding constitution or agency or statutory laws or treaties among states & districts; Federal court rules on cases where by a subject is a member of two states or when a claim exceeds 250,000$ Trial courts: nations districts divided into 94 treaty aligned members Special courts & Bankruptcy or Tax court applies to these courts. Highest court supreme appellate divided into 12 circuits US district courts for federal agencies US district court for international trade US district court for claims & tort US district court for patents & trade marks Litigation: Class action case applies when affecting a large amount a persons Complaint served with summons or subpoena
  • 35. POLISCI a Global Synopsis Response from opposing party Counter Claim Response for counter claim Default Judgement when response time exceeds reasonability Discovery: Interrogatories Depositions- witnesses deposed Evidence produced to support a claim Physical & Mental exams if necessary Electronic communication discovery when source materials are applied as evidence in a case Motions for further interrogatories & depositions Or court order of protection for a reduction in depositions Summary from judge adjudicating whether trial be pertinent Some trials no jury allowed & right to jury can be waived though right to jury is still an option in some cases Burden of proof – for civil cases has to be most likely true & in criminal cases “beyond a reasonable doubt” Opening arguments: Plaintiff calls witnesses Examination Defendant party cross exams Defendant moves to directed verdict Reciprocal of above statement starting with defendant witnesses Closing arguments with brief summary from both parties Judge order Jury to convene for a verdict decision, Judge may summarize case prior Deliberation, which may take hours to days to weeks for a verdict to be attained In some cases only a majority like 10-2 is needed for a judgment no less than 7 though usually must be unanimous
  • 36. POLISCI a Global Synopsis I learned that jury verdicts do not always have to be Unanimous. Most of the course material was a refresher regarding prior learning. An Example or current event would be the “Michael Brown case” from Missouri where by a jury did not convict the police officer for murder, however the DA from that district used an old law to circumvent the police brutality implied by the death of Michael Brown. CNN, FoxNews, Bloomberg, MSNBC Consumer Law I. Federal Trade Commission Created 1915 Voluntary compliance Admin hearings and Appeals for consent or cease and desist orders May impose penalties II. Sales Section 5 prohibits “unfair and deceptive acts or practices” Like false advertising like omission or misrepresentation III. Bait and Switch FTC rules prohibit promotional selling IV. Mail and Telephone Sales Ordered items must be shipped when promised or within 30 days. If not possible customer must be able to change mind Telemarketers can not block caller ID systems Unordered mail can be treated as a gift Do not call list enacted
  • 37. POLISCI a Global Synopsis V. Door to Door Sales Cancellation allowed prior to midnight third day after sale VI. Consumer Credit All loans regulated by the Truth in Lending Act: Disclosure must have clarity and be honest Lender must disclose finance charge And creditor must disclose annual percentage rate APR VII. Home Mortgage Loans Regulated by TLA Lenders may not coerce appraiser Not advertising for fixed rate on loan if rate subject to change Subprime loans or high risk loans require lender to verify leanees ability to repay no prepayment penalty must collect property taxes and homeowners insurance VIII. Fair Credit Billing Act Credit card companies must acknowledge complaints from cardholders CC must investigate complaints Companies must document transactions at request of consumer Company may not collect dispute damages while investigation CC required to wait ten days to report to credit agency after dispute report made IX. Stolen Credit Cards TILA requires liability of 50$ to consumer No liability required if reported prior to 50$ transaction X. Disputes with Merchants • Cant be billed: if good faith and effort to resolve issue is attempted • If dispute is 50$ or greater • Or if merchant is within 100 miles of your home or within same state XI. Disputes with Credit Card Company Fair credit Billing Act dictates:
  • 38. POLISCI a Global Synopsis • Company if filed in 60 days must respond in 30 • Company must investigate within two billing cycles or 90 days • Company can not collect or close your account pending investigation • Company Cannot report during investigation to credit agency XII. Fair Credit Reporting Act FCRA Dictates: • Consumer report can only be used for legitimate business • Information must be current • Employers cannot seek report on current or potential employees • Agencies involved in reports must be revealed • Reporting Agencies must make available reports • Agencies must investigate and correct any inaccurate content XIII. Debit Cards Check cards Liability greater than Credit cards Banks Deduct charges from account as transaction occurs Bank compensates thefts greater than 50$ Bank after two days only responsible for 500$ XIV. Fair and Accurate Credit Transaction Act Consumers entitled to free report each year from major reporting agencies Consumers can report feared identity theft for a detailed investigation Credit bureaus must share information concerning identity theft XV. Fair Debt Collection Practices Act Debtor may not be communicated to by collector if debtor writes or calls in request Attorneys can prevent contact by collectors No abuse or obscene content allowed in collection Cannot visit debtor place of work as dictated by employers XVI. FDCPA Prevents threatening of arrest No threats of any kind No contact or informing of relatives or acquaintances to collect debt
  • 39. POLISCI a Global Synopsis XVII.Equal Credit Opportunity Act No discrimination of race color religion, national origin, sex marital status, age or welfare XVIII.Consumer Leasing Act Before lease is signed All required payments including deposit, down payment, taxes, license fee, and balloon payment must be in writing Amount of all payments on lease Listed insurance payments and warranties Maintenance listing Penalties regarding late fees Right of consumer to lease, purchase or terminate a contract early in regards to leasing and lending XIX. Magnuson-Moss Warranty Act Warranties not required of manufactures and sellers Sales greater than 15$ require oral disclosure of warranty when not written XX. Consumer Product Safety Commission Develops Standards and evaluates safety of products for consumers LXX.Nature of Intellectual Property Patents and Copy Rights protect producers of intellectual property via government regulation IP is expensive to produce yet easy and cheep to transmit thus the reason for safeguards LXXI.Patents Patents range in length as far as time is concerned however applies to its tangibility rather than ideological use Patents exclude certain educational material like laws of nature and scientific principles and mathematical formulas and algorithms LXXII.Requirements for a Patent To acquire a patent the idea or invention must be: Novel
  • 40. POLISCI a Global Synopsis Nonobvious Applicable in its function LXXIII.Patent Application and Issuance Provisional patent application A method for determining patents applicability in commercial formats and protecting an invention idea • Priority Between Two Inventors- First inventor has priority over first filer • Prior Sale – must file one year prior to selling product in masse LXXIV.INTERNATIONAL PATENT TREATIES The Paris Convention of the Protection of Industrial Property • Requires Patent Protection to International Citizens of other Nation States The Patent Law Treaty • Requires Uniform Patent Standards and Applications LXXV.CopyRights The copyright holder owns the “particular tangible expression” of an idea but not the idea itself Copyrights products and materials can be filed in the copyright office of the Library of Congress, only required if intent to enforce the patent the symbol for copy rights is a C in a circle LXXVI.Copyrights The Copy Right Act – protects literature, music drama, choreography, pictures, sculpture, movies, recordings, and architectural material Copyrights are valid for 70 years after the death of the last living author. In regards to a corporation the time span is 125 years from creation and 95 years from publication. LXXVII.Infringement To prove violation, plaintiff must present evidence that original work was copied or that the original material was violated via the use of similar or exact replica material First Sale Doctrine May sale rights to an original copy
  • 41. POLISCI a Global Synopsis LXXVIII.Fair Use Doctrine This doctrine dictates that reporting and scholarly and research use of copyrighted material is applicable however for personal use it is illegal LXXIX.Internet Digital Millennium Copyright Act Prevents the copying of a product and removing the original authors name It is also illegal to circumvent encryption or coded material It is illegal to distribute code - breaking technology LXXX.International Copyright Treaties The Berne Convention Requires Copyright protection extension to foreign nations LXXXI.Trademarks Distinguishing symbols that represent Products and Services LXXXII.Ownership and Registration The first person to use a mark owns it however to copyright a mark generates public acknowledgement of who owns it and thus protection. LXXXIII.Valid Trademarks Must be distinctive Cant be a letter or a descriptive word or persons name , deceptive or immoral Mass use or house hold item names can become a general term LXXXIV.Domain Names Domain names originally had no cost However now domain names for access and publicity are sold at high value Trademark infringement in a domain is illegal and can call for suspension of the user LXXXV.Conflict over Domain Names The Anticybersquatting Consumer Protection Act Using a trademark in bad faith is illegal
  • 42. POLISCI a Global Synopsis LXXXVI.International Laws • Paris Convention • Patent Cooperation Treaty • Berne Convention • WIPO Copyright Treaty • Madrid Agreement • Trademark Law Treaty LXXXVII.Trade Secrets Formulas, Device Processes, Methods, or compilation of information that can be used to gain an advantage in business Difficulty in information access? Economic advantage? Is it protected? I learned that Copyrights are valid for 70 years after the death of the last living author. In regards to a corporation the time span is 125 years from creation and 95 years from publication. & that the Madrid agreement exist Current Event: Chinese corporations infringing on patent rights via cyber warfare patents and technology schematics for advancement of their country without pay royalties to the patent holders, thus in essence Chinese patriots are committing espionage acts against US corporate citizenry. I learned that lenders are required to allow early termination, consumers are entitled to free reports each year, lenders may not coerce appraisers, complaints must be responded to in 90 days & I learned what the CPSC is. Also I learned that attorneys can block creditors from contacting debtors. Current event: The FTC dictates that homes and mortgage cannot be taken as collateral for debts thus in regards subprime mortgage default and expensive mortgage refinancing in the housing market, banks cannot take homes for non payment but can invoke civil action and penalties. Chapter Four- Constitutional, Statutory, Admin, & Common Law
  • 43. POLISCI a Global Synopsis LXXXVIII.Constitutional Powers Separation of power- Executive, Legislative, Judicial = Balance of Powers Federalism- limited to Article I, 8 Individual Rights – Bill of Rights first ten amendments How is the Constitution read Top to Bottom or Bottom to Top? LXXXIX.Congressional Powers Article I is designated for the creation of the Upper House –Senate & Lower House-House of Representatives of which there are two senators per state & ranging reps for each state depending upon populace size Congress may Regulate Taxes, Trade Law, Military, War, & Economic Commerce among States XC. Executive Power Article II enables the President to command as chief of the nation delegating foreign diplomacy to the oval office. President Nominates Judges, Legislation veto power, Dictates Foreign Policy XCI. Judicial Power Article II enables Supreme Court & allows for creation of lower courts Constitutional decrement & review of cases within their jurisdiction Power to interpret laws XCII.Protected Rights Free Speech includes symbolism Commercial speech not allowed for exploitation of minors or figure heads Political Speech allowed due to first Constitution Amendment Obscenity is a form of free speech is thus protected in private domains Legal Speech allowed due to first constitutional amendment XCIII.Fifth Amendment Right to due process “No person shall be... deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use, without just compensation.”
  • 44. POLISCI a Global Synopsis Private Property allowed to be taken under Imminent domain process, thou must be compensated XCIV.14th Amendment Null Discrimination permitted unless by economic, gender or social capacity XCV.Statutory Law Written Law via Congressional voting XCVI.Making of Laws In essence Congress, when a bill is proposed either from the President or from a Congress member, decides whether or not a bill is passed & when a bill is passed first in the lower house & then in the Senate, the bill goes to the President’s office where the President can either veto or sign the bill; which would enact the bill as law. However when a President vetos a bill, Congress with a two thirds majority can pass a bill. XCVII.Laws Creation To decide changes to popular Standards XCVIII.Common Law Common Law is the law that regulates interaction among citizens ranging from tort & small claims to criminal proceeding. Requires assistance in times of dire emergencies from bystanders with unique relationships XCIX.Administrative Law Administrative Law is the law that regulates agencies and enterprise interaction and governance for rules & policies residing within an organizational structure. C. Admin Rulemaking Powers Legislative via Statutes Interpretive Rules via unique circumstances & new standards
  • 45. POLISCI a Global Synopsis CI. Power of Information Discovery Voluntary Subpoena Must be relevant to Court proceedings & must not be in regards to trade secrets CII. Adjudicating Powers Court Proceeding governed via judge & trial Appeals if necessary de novo decision • I learned Admin Laws are self governing with special courts Current event: Is Drone Strikes in Yemen a declaration of War, especially since Iranian backed militias are supporting the recent coup by the Houthi Shia Rebels? Which is relevant of great significance considering the President of Yemen has resigned while under armed guard & house arrest by the Rebels. “Last week the rebels put President Abed Rabbo Mansour Hadi, a close U.S. ally, and his Cabinet under house arrest, escalating a prolonged power struggle. The officials resigned in response, and Prime Minister Khaled Baha said Thursday his resignation was "irreversible" according to a statement posted on his Facebook account.” http://hosted.ap.org/dynamic/stories/M/ML_YEMEN? SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2015-01-22-12-54-05 http://securitydata.newamerica.net/drones/yemen/analysis Learning from the slides has been a refreshing review for me. The chapters includes the lay out of the federal courts ranging from the Supreme Court to the appeals courts both circuit & higher appeals which is after the district courts which divide into Constitutional Law Courts: International Trade Courts, Common Law Courts or Tort Courts, Civil Courts, Criminal Courts, Tax & Estates Courts, Probate Courts, Dispute Resolution Courts. From that point there are Jurisdictional courts that rank from State Supreme Court to County court where there is Criminal, Civil, & Chancery Court with an appeals court above those listed prior that serves as an appeal courts for the local state courts. The Statutory rule of law is the law that congress enacts for interpretation of the constitution for the regulation of interstate commerce & all interaction & transaction & for regulation of interaction among Nations. The Administrative Procedure Act adjudicates how agencies operate & are governed. Administrative Law is the law that regulates agencies and enterprise interaction and governance for rules & policies residing within an organizational structure.