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Thursday, September 30, 2010
Public Interest Rules of International Law
This book seeks to clarify factors that play an important role in securing the effectiveness of legal regimes that aim at protecting public interests of the international community. In Part 1, the authors focus on theoretical problems arising in the implementation process of those legal regimes from both a constitutional and functional perspective. In Parts 2 through Part 4, they pay attention to practical issues in the implementation process of particular legal regimes, in light of what interpretation or measures are legitimate from the perspective of protecting public interests. This book incorporates an idea of public law into the theoretical framework of international law which has been mainly constructed on the theory of private law in domestic legal systems. In contrast to many books which focus on the role of the procedural and material factors in the implementation process of various institutions and rules, this book emphasises the role of normative factors in securing effectiveness of public interests-oriented rules and is a valuable resource for both academics and policy makers working in this area.
How to choose the right International Law School
International Law School
Students who are aiming to get into law careers by attending a distinguished law school may have more to think about when making a decision. The first choice they have to make is of course whether or not being a lawyer is the right career for them. Secondly, they have many fields of law to choose from that they can go into, such as criminal law, environmental law, business law, etc… And to think, even after making this choice, it still isn’t the last level to be pursued that law branches out into. The level we’re looking at today is International Law. From there, a student can choose international criminal law, international environmental law, international business law, etc… One would think that the tough choice is finally over, once they’ve decided all these things, however, the toughest choice of all lies ahead. Choosing the best international law school for you, is by far the biggest decision you’ll have to make on your journey to becoming an international lawyer.
Some would disagree and think that picking a law school is not that tough, and it’s as easy as looking up on the internet the most prominent one that is “known” as the best. Instead one should look at which international law school fits them the best, rather than trying to fit into the school. If you’re choices are open to any law school, then you have a lot of outlining and narrowing down to do. However, if you are bound to a certain area by work constraints or having to live at home, then you have less to work with. Once you have these things figured out, it is not only to create a listing of all the schools within your choices, but also to outline them. First off, you must look at which school is known to be an international law school. Different law schools specialize their programs around a certain field of law, even if they offer international law, they may be better suited for let’s say criminal law. This is why it is important to research and find out which school is specifically known to be an “international law school,” offering the best possible program for you. For example research shows that as of February 2010, the top 10 international law schools (placed first place to tenth) are as follows: New York University, Columbia University, Harvard University, Georgetown University, Cornell University, Duke University, the University of Michigan, the University of Texas, Yale University, and the University of Virginia. After considering the best international law schools, and finding which ones are in your range as far as distance (if considered) and cost (likewise), it’s time to outline each choice. When creating the outline, it’s just like outlining any tough decision, the two most important categories to make are pro’s and con’s. Things to look into would be the location according to your likes and dislikes. For example, if the school is located in a suburban area and you’d prefer a larger group of people and businesses, you may want to reconsider a school within or closer to a city. Also, you would look into the size of the student body and class size, some people prefer smaller teacher to student ratio to learn better, others see a larger ratio as a way to feel more comfortable in the classroom. These are all determining factors into simplifying your choices to an even smaller amount. When you have your international law school options down to 2-5 schools, there’s only one thing left to do, visit. Visiting a campus can show you first hand the environment you would be subject to, the people, and the faculty, this is as close as you would get to being a student at the school without actually enrolling.
Well as we can see, making a decision as to which international law school to attend may not be as easy as it seems. However, with the right tools and guidance provided here, perhaps it will give you a better understanding of how to go by the process. Hopefully the time you take to make your choice will diminish, and you will feel more at ease about making your choice, best of luck in your future.
The Search for the World’s best International Law Firms
International Law Firms
International law firms exist in abundance all over the world, with every single one of them claiming to be the top one or the best one. The claims, some false and some true, need to be verified so an accurate decision can be made, and the best international law firms can be known. The problem with attempting to find out which ones make the cut is the different methods of ranking.
Some web sites focus on ranking international law firms by their monetary ranking, given the revenue they brought in for a given year. Sure the amount of money they brought in from clients makes them reputable, but is that the main factor to consider. The international law firm that you want to represent you, your company, or whomever, should be one with a proven track record of wins. The firm should have a high ratio in wins to cases, so that you know their reputation of representation that precedes them is a strong one. Another way they are ranked is by pro bono participation, and average billable hours worked as well as diversity in demographics of their clients. Typing “best international law firm” or “top international law firm” into a highly used search engine will show you all the different results that you can get for each firm, and many different firms listed. Even so, the ranking tables provided can be misleading due to the data they use as the ranking, as discussed earlier. Even then, when data such as revenue is used as the primary ranking system, you must verify against other similar lists to make sure the information is accurate and correct. Most importantly, when checking for this type of information one must pay close attention to when it was last posted or updated. Looking at a list that tells you the top 10 international law firms could be posted 4-5 years ago, making it totally inaccurate and invalidated for this year. It is important to check all data versus dates, and numbers to make sure you can find some sort of correlation with at least one other reputable source.
As one can see, the search can be endless to finding the best or top international law firms. The best way to go by it is to use only reputable sources and see the firms that stand out the most, then research their history. It is wise to use common search engines at first, and then to navigate through official law sites such as widely known magazines or extensively used official forums in the matter. The key to finding an accurate listing is to use as many sources as possible and to find at least 2-3 sources that can back up the information you found making it reliable, so that your listing is accurate and just.
Conducting International Law in today’s world
International law
International law is a set of laws and regulations that are set for nations to be able to broadcast order to their citizens and citizens of other nations. In turn, the international laws will apply to helping nations themselves communicate their efforts with other nations as a whole. Some international laws differ drastically from other nations’ laws, therefore must be taken seriously by outside visitors to a nation prior to entering. For example, there are laws in certain nations of the Middle East and Europe that prevent citizens from performing certain activities in public, that are quite normal in the United States. The lack of knowledge in international laws can result in someone ending up in jail for acting on something they believed to be perfectly normal. However, let’s look at the bigger picture here, the way to maintain peace throughout with a general agreement on international laws. It seems almost impossible to have a group of nations accept certain international laws and abide by them as w hole without disapproval, or protest. This is why the United Nations was created. The United Nations (UN) was created in a 1945 post war era, to bring together the world as a whole and bring peace. By joining nations together and establishing a basis of international law, countries would interact with each other easier, and more peacefully. Together, nations would be able to address international problems together and solve them in an improved manner. The UN helps to bring the views and beliefs of nations into one mutual understanding, when each international law is created, passed, and enforced. An agreement made by nations under international law is known as a treaty. Treaties are brought forth by nations coming together to create a pact, or contract, setting a specific regulation or rule to govern or control the conduct of nations within that set agreement. If the rules are broken, or the agreement itself is broken, the nation can be held responsible under international law to face the circumstances following. In order to keep the system working properly and organized, a set standard was created for all treaties. The Vienna Convention On the Law of Treaties , after 20 years in the making, was put into effect in 1980 to do just that.
International laws primarily pertained to nations or states when first created and enforced, although that has evolved with time. These laws no longer affect the nations as they customarily once did., but also individuals. Progressively, there have been more and more cases in which individuals and certain international organizations have been addressed as the subject of international law. Aside from the basic concepts that are included in national law, such as property and status, international law also includes substantive law, process, remedies, and procedure. The most considerable fields of international law are diplomatic law, international human rights law, international environmental law, international humanitarian law, international security law, international economic law, and international criminal law. Each one of these fields has its own set of regulations within them so they specifically address the “branch” of international law they are applied to.
International Business Law as a career
Business Law
Learning about international business law is not just something for an attorney. When people hear the term used, they believe it’s something that strictly pertains to a lawyer or a court. But if we think of law in general, and take away the part of “breaking” it, then there is no need for the court. International business law is simply the set of regulations and policies that are followed when involved in foreign transactions. These transactions can relate to import/export, or even trade. Therefore, if you’re not an attorney, chances are you may find a career in International Business Law, something right for you. Some professionals that may be interested in this career include financial managers, economists, international business professionals, business administrators, managers of international corporations, and of course the obvious, attorneys.
The key to this career choice, or perhaps to continuing your education into this field, is to attain an understanding of foreign policy and the issues that could arise in international business transactions. International business law is a broad field, because once you gain a full understanding of the concept itself, then comes the part of focusing on your specific region. For example, if you’re working for an international business based in the U.S. and you’re dealing with business transactions with an affiliate in Tokyo, then you must learn all the international business laws that affect U.S. business and trade with Japan. Some companies may deal with more than one nation, so the information you can learn is practically endless. As overwhelming as it may seem, international business law can be very rewarding. The insight and knowledge that you obtain from learning it and dealing with it everyday, is something you don’t necessarily encounter in other every day positions. If you are in or seeking a position where you are dealing with foreign transactions and would like to be able to handle your company and yourself accordingly, then going for an international business law degree would be the way to go. However, not all people are presented the choice through this specific opportunity.
A student in law school can look at all the choices they have to branch off into, such as criminal law, business law etc… but then there is also the chance of going international, which turns into another thought process. The key to getting into the field of international business law is having the curiosity to seek more out of your law career. First and foremost you have to have the interest in business law to begin with, and then go from there. The question you must ask yourself is if you are willing to take the extra step and expand your mind to the world of international business law. Exposing yourself to dealing with something internationally is always opening a new door to possibilities. International business law are followed, broken, addressed, and imposed every single day. The people needed to educate company members of them, defend the ones who’ve broken them, and simply make people aware of them are needed likewise to maintain harmony throughout. If you’re seeking to broaden your career into a bigger field of law, and perhaps aim for a better salary while gaining knowledge, international business law may be the right choice for you.
Understanding International Human Rights Law
Human Rights Law
International human rights law organizes human rights in various international treaties. It pertains to the body of international laws which was specifically created to protect human rights an the international level. These international human rights laws can be administered at a regional, international, or domestic level. The United Nations General Assembly, in 1948, put into effect the Universal Declaration of Human Rights (UDHR). This document became the standard for international human rights laws, and has protected them since then. In addition to the UDHR, international treaties and agreements since it was endorsed have helped to further develop the body of international human rights law. This document along with the International Covenant on Economic, Social, and Cultural Rights and the International Covenant on Civil and Political Rights that were later passed, come together to form what has come to be known as the “International Bill of Human Rights.” Some other significant international treaties that were adopted universally are Convention on the Rights of Persons with Disabilities, International Convention on the Elimination of All Forms of Racial Discrimination, Convention on the Elimination of All Forms of Discrimination Against Women, Convention on the Rights of the Child, and Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. These treaties, along with the covenants, and their content must be enforced at all times to maintain order under international human rights law, therefore they need to be observed by another party. The enforcement of the International Covenant on Civil and Political Rights itself is overseen by the United Nations Human Rights Committee. The states that adopt these treaties are generally agreeing to not only make sure these treaties are enforced, but also to prevent from impeding with the exercise and enjoyment of the rights, but also to improve the enjoyment of them, and also to replace the enjoyment if it has been taken away. In addition, the States must protect groups and individuals against abuses of human rights. International human rights law bestows all these obligations upon a State that it must respect, abide by, and protect.
Along with treaties, there are also “human rights instruments” that were adopted, also to better the enjoyment of human rights. Some of these instruments that further enhance international human rights law throughout are Convention on the Elimination of All Forms of Racial Discrimination, Convention on the Elimination of All Forms of Discrimination Against Women ,United Nations Convention Against Torture, Convention on the Rights of the Child, International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, and the most recent, Convention on the Rights of Persons with Disabilities.
Although there is at the time no international court to execute international human rights laws, they are cautiously monitored and protected everyday. Committees and individuals look into the improvement of laws for their States and for their own citizens, in order to better protect them from having their human rights interfered with. In basic essence, international human rights law exists to better the quality of life of individuals within a State and within other States, and allowing them to enjoy and express them freely.
The Kyoto Protocol
Kyoto Protocol
The environment is one of, if not the most important and essential item to life on our planet. Protecting it and its survival is elemental. For many decades people have disregarded certain things in the environment such as the misuse of aerosol spray cans, or how much fuel they burned up by driving around aimlessly, and even not recycling objects when the opportunity was there. These actions along with the actions of companies and other culprits have led to the decay of our ozone layer, the very thing that protects us all. This is why certain international environmental laws were put into effect to protect the layer that protects us.
Due to the disregard of certain international environmental laws, the planet has experienced a significant climate change. Because of this, governments have imposed large fines, penalties and sanctions for those who choose to violate these international environmental laws. With this, came the establishment of the Kyoto Protocol. The Kyoto Protocol is a protocol to the United Nations Framework Convention on Climate Change .It is a legally binding agreement under which industrialized countries will reduce their collective emissions of greenhouse gases by 5.2% . As per this agreement, 37 industrialized nations agree to commit themselves to reduce four greenhouse gases. These gases are carbon dioxide, methane, nitrous oxide, sulphur hexafluoride. This international environmental law is designed specifically to protect our ozone layer and prevent any further damage such as holes, which would let dangerous UV rays enter our atmosphere. After the ratification of this protocol, many supporters were happy in seeing emissions go down. Carbon dioxide has long been credited as the reason the planet has been heating up due to the high emissions of it. However, even the supporters and petitioners of international environmental laws, were also against the Kyoto Protocol. They criticize that the protocol does not go far enough to reduce emissions, and that the cost of it has far outweighed its benefits. However they may disagree, these 2 groups can agree on one thing, the world has taken a positive step towards a solution by putting this into effect.
International environmental laws should exist in excess and more should be passed each year. Protecting the environment is essential to the survival of people in the world, and should not be taken for granted. The Kyoto Protocol looks at the biggest picture of all and that is emissions into our air by 37 nations that are seen as the most industrialized. This is not where the problem ends though, there are other things to take into consideration such as recycling and protecting our oceans. There is a need for stricter laws protecting our oceans and the sea life in them, and more substantial fines and punishment for those who violate and pollute them. There are many issues as important as this one, and worse. The stretch of where international environmental laws need to be implemented is very vast, but every day we are taking a step as a whole to improve. The Kyoto Protocol was a crucial plus to our environment, and we should hope to see more action in the future.
Public International laws
Public International laws
Public International laws center mainly on the avocation of human rights and protection of the environment. However, they will also include other topics as well. Public international law deals with the structure and conduct of sovereign state, intergovernmental organizations, and analogous entities. In relation to the increase of armed conflict, environmental deterioration, global trade, awareness of human rights violations, a boom in global communications, and fast and large growth in international transportation, public international law has escalated greatly in importance. Aside from its focus on human rights, public international law has been known to focus as well on issues with due process protections, asylum law, nationality and citizenship, and rights of the child. Although its concentration is set on the environment and human rights, it can include these other areas.
Public international law can be divided into two central branches: international agreements and conventions, and the law of nations. The term public international law, itself, was first conceived by Jeremy Bentham, a prominent English philosopher. The four main sources of public international law are: customs, international treaties, teachings, and general principles of law and judicial decisions. The groundwork and foundation for identifying states as principal actors in the international legal system has been instituted by public international law. The main people involved in an issue dealing with public international law would be the head of a nation or organization, the sovereign power. In some cases it would be the Prime Minister, or President of a given country. Later on, most cases involved the department in charge of representing that sovereign power such as the Foreign Ministry, or State Department (U.S.), etc… Even though these departments of government will be the main or lead role in establishing the international law, the leader of that nation may still be needed to approve and endorse such a law. When considering a universal scale, the two most important congregations for creating public international law are the United Nations and the still young but effective European Union. Some branches of international law that public international law deals with would be international trade law, diplomatic law, consular law, and international environmental law. Dilemmas that deal with public international law have an inclination to be more tough to foresee, and more illusive and complicated to decipher, than cases that deal with private international law.
Having taken a look at public international law, its meaning, its reach, and its effect, we can gain a general idea of how it works and its importance to international law. It is in essence a categorization for a group of international laws that fall under it, pertaining to the sovereign power or department creating them, and who they entail to. In conclusion, it is safe to understand that public international law is the law of a political system of nation-states that bestows laws upon national systems it touches, which are not adequately governed.
The Information Operations Continue
A subject of some contention around here, the use of WP. Over at Armchair Generalist, too. Since he's a Chem Warfare geek, he's usually worth reading on the subject, and has the further advantage of being a readable lefty!
CJTF-101 is continuing the dueling info ops on the subject, with this press release about the Taliban using WP on Coalition Forces. They are a little disingenuous at the end, however, regarding use and purpose.
Insurgents continue white phosphorus attacks
BAGRAM, Afghanistan (May 19, 2009) - Today, militants continued to attack International Security Assistance Force personnel using white phosphorus munitions. In Gayan District, Paktika province, insurgents mortared an ISAF combat outpost with white phosphorus and high explosive rounds. No injuries or damage were reported.
This past week, two other cases of enemy white phosphorus use have been recorded in Regional Command-East, following the 11 May release of 38 declassified instances of insurgent white phosphorus access and misuse against personnel.
On May 16, ISAF troops in Bamiyan discovered a large cache of various ordnance, including nine 82mm white phosphorus mortar rounds. The rounds, which were photographed as evidence, were collected for destruction.
Also on May 16, an ISAF unit located a white phosphorus 107mm rocket emplaced in the vicinity of an ISAF forward operating base in Kama District, Nangahar province. The rocket, which had been aimed in the direction of the base, was later safely disarmed.
White phosphorus is appropriately employed for screening of troop movements, marking targets, illumination, as well as destruction of unoccupied bunkers, buildings and weapons systems, and the demolition of otherwise flammable materials such as ammo and petroleum products.
WP is used as a smoke-producing agent common to the arsenals of many nations, and is classified as conventional ordnance. It is not designed for use against personnel.
ISAF employs white phosphorus in accordance with theatre rules of engagement and international law.
Complete with pictures of 82mm (Warsaw Pact caliber, we use 81mm mortars) WP rounds.
Seven 82 mm mortar rounds, five of which are white phosphorus, were discovered as part of a larger cache by International Security Assistance Force troops in Bamiyan Province May 16. The rounds were collected for destruction. (U.S. Army courtesy photo)
The Coalition, trying to find a way to fight the "Hearts and Minds" fight regarding civilian casualties has just published this interim report below on the fight in Farah province where there were competing claims about who died, how many, and how they died.
The handicap the Coalition fights under of course is that the Taliban and their supporters can pretty much say what they want, when they want - and the Coalition has to be careful to have their ducks in order - because unlike the Taliban and al Qaeda, the Coalition is going to get fact-checked out the wazoo. Which always means they are playing catch-up. But: Catch-up is better than just ceding the field to the enemy.
But even this report begs the question of whether or not airpower was the best answer to this particular problem. Nothing's easy in war and certainly the greatest blame lays with the Taliban for their use of human shields. But as that is a seeming given, and with the political costs that attach to the Coalition for the civlian casualties - this goes back to a question we hashed over during the discussion on WP - are the trade-offs worth it? Was killing the 60 or so Taliban fighters and regaining the village worth the 30 civilian casualties?
When looked at in isolation, reaching an answer of "Probably not" isn't too hard to do depending on your start point for the analysis... but nothing in war happens in isolation, and the commanders on-scene and overall, including the political leadership, have to consider the branches and sequels - which are usually muddy and intertwined, and only obvious after the fact. And by after the fact, I don't just mean a specific fight, but years from now. So what seems like a simple call in isolation - isn't a simple call at all. And mutliple occurences the same set of localized incident specific circumstances can call for a different answer each time, when larger issues of context come into play.
CENTCOM investigation team interim results on Farah
KABUL, Afghanistan –An ongoing US Central Command investigation team briefed interim findings after reviewing information on recent events in Farah Province associated with alleged civilian casualties.
Investigators reviewed weapon sight video from the aircraft supporting the Coalition rescue of Afghan National Security Forces in Bala Baluk on May 4 which clearly depicts insurgents entering the buildings which were then targeted in the final strikes of the fight. Combined with audio recordings of the ground commander and air crew conversations the investigators were able to confirm that the insurgents fleeing from the firefight were regrouping in several small rural buildings which were then subsequently destroyed. A review of the physical evidence is inconclusive in determining the exact number of civilian and insurgent casualties. In all, the investigation team estimates that 60-65 Taliban extremists were killed in these engagements, while at least 20-30 civilians may have been killed during the fighting. The investigators continue to attempt to better confirm casualty numbers.
A large number of Taliban fighters, to include non-Afghans, consolidated on Ganj Abad and Grani villages May 3, and demanded payments from villagers. Afghan and Coalition troops reported observing at least 300 villagers evacuating the area prior to the fighting. Reports from Afghan officials indicated that the Taliban had executed three former Government of the Islamic Republic of Afghanistan officials. In a joint operation the Afghan National Police supported by the Afghan National Army went to the village to drive out the Taliban. As the ANP approached the village of Garani they were ambushed by 200-300 Taliban. During the initial ambush two ANP were killed. A total of five ANP officers were killed during the battle. Outmanned and outgunned the Provincial Governor request the Coalition Quick Reaction Force.
Once the Coalition force arrived, they along with an ANA unit attempted to help the ANP. At this point, the Taliban launched another attack, firing on the ANA and Coalition forces. One US Navy Corpsman was shot in the shoulder while attempting to rescue a wounded Afghan soldier and an ANA soldier was shot in the chest as he attempted to charge a Taliban position. In order to rescue the fallen ANA 1st Sergeant who was trapped by heavy Taliban machine gun and RPG fire, the Coalition force used close air support by F-18s to suppress the enemy fire from buildings nearby. The Coalition Forces and ANA then rushed forward, placed the fallen ANA 1st Sgt. on a stretcher and carried him to safety. The 1st Sgt. was later transported from the battle by medical evacuation helicopter, and due to the bravery of the ANA and Coalition soldiers he is expected to make a full recovery. Following this, one B-1 provided fires in coordination with the ground commander on buildings and a tree grove insurgents were firing from or massing in. ANSF and US Forces remained in the area until the next morning and observed the villagers returning after the fighting had ceased.
“We regret the loss of any civilian life,” said Col. Greg Julian, “and express our condolences to the families who lost loved ones in this fighting with insurgents firing from and regrouping in villagers’ homes. We continue to work closely with the Afghan National Security Forces to bring security and progress to Afghanistan, and to do everything we can to avoid civilian casualties. We strongly condemn the Taliban for their brutality in deliberately targeting and using civilians as human shields.
CJTF-101 is continuing the dueling info ops on the subject, with this press release about the Taliban using WP on Coalition Forces. They are a little disingenuous at the end, however, regarding use and purpose.
Insurgents continue white phosphorus attacks
BAGRAM, Afghanistan (May 19, 2009) - Today, militants continued to attack International Security Assistance Force personnel using white phosphorus munitions. In Gayan District, Paktika province, insurgents mortared an ISAF combat outpost with white phosphorus and high explosive rounds. No injuries or damage were reported.
This past week, two other cases of enemy white phosphorus use have been recorded in Regional Command-East, following the 11 May release of 38 declassified instances of insurgent white phosphorus access and misuse against personnel.
On May 16, ISAF troops in Bamiyan discovered a large cache of various ordnance, including nine 82mm white phosphorus mortar rounds. The rounds, which were photographed as evidence, were collected for destruction.
Also on May 16, an ISAF unit located a white phosphorus 107mm rocket emplaced in the vicinity of an ISAF forward operating base in Kama District, Nangahar province. The rocket, which had been aimed in the direction of the base, was later safely disarmed.
White phosphorus is appropriately employed for screening of troop movements, marking targets, illumination, as well as destruction of unoccupied bunkers, buildings and weapons systems, and the demolition of otherwise flammable materials such as ammo and petroleum products.
WP is used as a smoke-producing agent common to the arsenals of many nations, and is classified as conventional ordnance. It is not designed for use against personnel.
ISAF employs white phosphorus in accordance with theatre rules of engagement and international law.
Complete with pictures of 82mm (Warsaw Pact caliber, we use 81mm mortars) WP rounds.
The Coalition, trying to find a way to fight the "Hearts and Minds" fight regarding civilian casualties has just published this interim report below on the fight in Farah province where there were competing claims about who died, how many, and how they died.
The handicap the Coalition fights under of course is that the Taliban and their supporters can pretty much say what they want, when they want - and the Coalition has to be careful to have their ducks in order - because unlike the Taliban and al Qaeda, the Coalition is going to get fact-checked out the wazoo. Which always means they are playing catch-up. But: Catch-up is better than just ceding the field to the enemy.
But even this report begs the question of whether or not airpower was the best answer to this particular problem. Nothing's easy in war and certainly the greatest blame lays with the Taliban for their use of human shields. But as that is a seeming given, and with the political costs that attach to the Coalition for the civlian casualties - this goes back to a question we hashed over during the discussion on WP - are the trade-offs worth it? Was killing the 60 or so Taliban fighters and regaining the village worth the 30 civilian casualties?
When looked at in isolation, reaching an answer of "Probably not" isn't too hard to do depending on your start point for the analysis... but nothing in war happens in isolation, and the commanders on-scene and overall, including the political leadership, have to consider the branches and sequels - which are usually muddy and intertwined, and only obvious after the fact. And by after the fact, I don't just mean a specific fight, but years from now. So what seems like a simple call in isolation - isn't a simple call at all. And mutliple occurences the same set of localized incident specific circumstances can call for a different answer each time, when larger issues of context come into play.
CENTCOM investigation team interim results on Farah
KABUL, Afghanistan –An ongoing US Central Command investigation team briefed interim findings after reviewing information on recent events in Farah Province associated with alleged civilian casualties.
Investigators reviewed weapon sight video from the aircraft supporting the Coalition rescue of Afghan National Security Forces in Bala Baluk on May 4 which clearly depicts insurgents entering the buildings which were then targeted in the final strikes of the fight. Combined with audio recordings of the ground commander and air crew conversations the investigators were able to confirm that the insurgents fleeing from the firefight were regrouping in several small rural buildings which were then subsequently destroyed. A review of the physical evidence is inconclusive in determining the exact number of civilian and insurgent casualties. In all, the investigation team estimates that 60-65 Taliban extremists were killed in these engagements, while at least 20-30 civilians may have been killed during the fighting. The investigators continue to attempt to better confirm casualty numbers.
A large number of Taliban fighters, to include non-Afghans, consolidated on Ganj Abad and Grani villages May 3, and demanded payments from villagers. Afghan and Coalition troops reported observing at least 300 villagers evacuating the area prior to the fighting. Reports from Afghan officials indicated that the Taliban had executed three former Government of the Islamic Republic of Afghanistan officials. In a joint operation the Afghan National Police supported by the Afghan National Army went to the village to drive out the Taliban. As the ANP approached the village of Garani they were ambushed by 200-300 Taliban. During the initial ambush two ANP were killed. A total of five ANP officers were killed during the battle. Outmanned and outgunned the Provincial Governor request the Coalition Quick Reaction Force.
Once the Coalition force arrived, they along with an ANA unit attempted to help the ANP. At this point, the Taliban launched another attack, firing on the ANA and Coalition forces. One US Navy Corpsman was shot in the shoulder while attempting to rescue a wounded Afghan soldier and an ANA soldier was shot in the chest as he attempted to charge a Taliban position. In order to rescue the fallen ANA 1st Sergeant who was trapped by heavy Taliban machine gun and RPG fire, the Coalition force used close air support by F-18s to suppress the enemy fire from buildings nearby. The Coalition Forces and ANA then rushed forward, placed the fallen ANA 1st Sgt. on a stretcher and carried him to safety. The 1st Sgt. was later transported from the battle by medical evacuation helicopter, and due to the bravery of the ANA and Coalition soldiers he is expected to make a full recovery. Following this, one B-1 provided fires in coordination with the ground commander on buildings and a tree grove insurgents were firing from or massing in. ANSF and US Forces remained in the area until the next morning and observed the villagers returning after the fighting had ceased.
“We regret the loss of any civilian life,” said Col. Greg Julian, “and express our condolences to the families who lost loved ones in this fighting with insurgents firing from and regrouping in villagers’ homes. We continue to work closely with the Afghan National Security Forces to bring security and progress to Afghanistan, and to do everything we can to avoid civilian casualties. We strongly condemn the Taliban for their brutality in deliberately targeting and using civilians as human shields.
Breaking the Law on an International Level
Breaking the law
Breaking the law is bad enough when done by a person or group in general, but imagine the consequences when done on a much larger scale. International criminal law is a self-governing branch of law that applies to international crimes and the tribunals and courts created to bring justice where certain individuals have taken part in criminal activity on an international level. Some may wonder, “What constitutes breaking an international criminal law?” First, international criminal laws can be classified in two ways, by whether the “alleged crime” has been committed against an entire world community (international), or rather affecting the interests of more than one state (transnational). Some examples of an international crime would be genocide, war crimes, such that would threaten security and world order. Transnational crimes would be terrorism, drug trafficking, any type of trans border criminal activity. The biggest advocate in combating international crime has been the United Nations. They oversee and persecute those responsible for committing crimes of slavery, war crimes and crimes against humanity, terrorism, torture, apartheid, narcotic drugs, the taking of hostages, aircraft hijacking, and genocide. Some of these terms may seem broad in categorization, so let’s look into “war crimes” to gain a better understanding of what constitutes as one. As per the Geneva Conventions, war crimes are: “grave breaches” along with other serious violations of international humanitarian norms applicable in international and non-international armed conflict .
International criminal law imposes much more substantial penalties for those individuals or groups that work to act against it. In order to impose justice upon those who break these international criminal laws, a specialty court is necessary.
This is where the International Criminal Court (ICC) comes in. The ICC was born in 2002 after the Statute of the International Criminal Court , its founding treaty, came into force. The ICC is a permanent council that prosecutes individuals for crimes against humanity, war crimes, genocide, and crime of aggression that was committed on or after the date it was created. Although the official seat of the ICC is in the Netherlands, its proceedings can take place anywhere. Some examples of notorious cases that have been or are being investigated by the ICC in regards to breaking international criminal law are the situations in Uganda, Sudan, the Democratic Republic of Congo, Kenya, and the Central African Republic. In these cases, warrants were filed for arrests of those investigated. Some arrests have been made, other fugitives remain at large, while the rest have died or are believed to have died. While not every case has been open, these are very positive steps that were taken to force out those who’ve broken international criminal laws and hold them responsible for their actions. The system has come a long way in which to deal with these individuals and groups to better the world’s society. By enforcing international criminal law, it is less likely crimes will be committed against states and communities in the world, therefore making the world a better place to live.
International Trade laws
Trade laws
International trade law refers to the rules and customs for handling trade between two or more nations or between private companies across borders. It is a combination of national or domestic law and public international law that pertains to transactions for goods or services that cross national boundaries. In the last two decades, it has become one of the fastest emerging branches of international law.
An important document in regards to international trade laws came after World War II, with the General Agreement on Tariffs and Trade (GATT). The GATT came into effect in 1947 and came to be due to the failure of negotiating governments to create the International Trade Organization .The GATT was in effect until 1994, until its replacement by a more modern and organized system. In 1995, the World Trade Organization was created, replacing the GATT, to regulate, supervise, and liberalize international trade. This was a crucial development in the history of international trade laws, and for international trade itself. The World Trade Organization supervises the trade between the nations involved, and sets a basis for negotiating and forming trade agreements. It also has a set dispute resolution process, to deal with issues primarily from prior trade negotiations. Prior to this, in 1966 the United Nations had created an organization designed to promote compliance and unification of international trade law. The General Assembly of the UN established the United Nations Commission on International Trade Law (UNCITRAL). As of 2002, the membership of UNCITRAL reached 60 member states, 14 African states, 14 Asian states, 8 Eastern European states, 10 Latin American and Caribbean states, and 14 Western European states. UNCITRAL is organized into three levels, the commission, inter-governmental working groups, and the third is the International Trade Law Division of the United Nations Office of Legal Affairs, that provides assistance to the other two groups.
Today, one international trade law stands as one of the most successful international systematic laws. This is the United Nations Convention on Contracts for the International Sale of Goods (CISG). This treaty has been ratified by 74 countries, it provides a compatible international sales law. The CISG was developed by UNCITRAL and put into effect in 1980. It is seen greatly successful, the most unified document in international sales law. Out of the 74 countries that signed, most account for a substantial amount of trade in the world. However, there are still a few major ones that stand out as not having ratified the CISG, they are the United Kingdom, India, South Africa, and Brazil. Taking this into account, it still remains the most successful document in international trade law history, and international sales law.
Over time, perhaps the absentee nations will join the rest, and also other documents will be written and signed. The preexisting ones will have laid the groundwork for the future ones to improve the way countries and companies trade their goods beyond borders through land, and across oceans. The constant organized, unimpeded flow of trade throughout economies of these countries will make for a smoother ride in the long run.
Lecture by Judge Helmut Türk
International Law
Introduction ~ Background ~ Future directions
Introduction
The views expressed in this publication are provided here to stimulate discussion and learning. They do not reflect the views of Canada’s World staff, reviewers, funders, collaborators, or the SFU Centre for Dialogue.
Download this discussion guide in PDF format!
When we began our conversations with Canadians about the new realities facing Canada in the international arena, one theme came up time and time again - the changing expectations for acceptable behaviour in the international arena, or what are sometimes called "norms". Some people focused on international law when explaining what they meant by norms or expectations. Others focused specifically on what they perceive to be the breakdown in trade or environmental agreements or the rise in human rights abuses. Others focused on the decline in "multilateralism", or when states act together in cooperation rather than separately. They stressed that this cooperation seems less likely to occur in recent years.
Whatever the starting point for the discussion, each of the consultations addressed an anxiety that our "international order" is shifting. Multilateral institutions like the United Nations are struggling to find solutions to pressing global problems, countries are ignoring or undermining existing treaties and agreements, new "non-state" actors are becoming powerful forces in international affairs, all at a time when public expectations for effective multilateralism and the rule of law have never been so high. The public expects a lot from the UN, and generally expects a great deal of cooperation by states. There is, however, a growing gap between expectations and capacity.
We don't need to look far to see examples of these trends and their importance in Canada:
→ The unlawful deportation of Mahar Arar to prison and torture in Syria, leading to a public inquiry and compensation
→ The breakdown of the ratification and implementation of the Kyoto Accord
→ The detention of prisoners in Guantanamo Bay without trial
→ The use of U.S.-laid anti-personnel landmines to protect Canadian soldiers in Afghanistan
→ The "just sue us" approach to international trade laws practiced by many countries
→ Ineffective action by the UN to address the humanitarian crises in Rwanda and Darfur
→ The use of child-soldiers by rebel and government forces (e.g. in Sri Lanka, Democratic Republic of the Congo)
If the role of the international community and laws in addressing global injustices are not meeting public expectations, and if some see a change in international norms, what can or should Canadians do about this? What role do we want Canada to play in adapting to or advancing an international system that is being challenged by the emergence of new actors and issues?
The voices of Canadians are needed in this discussion: we will live with the consequences of choices made and we have a right and responsibility to provide direction to our leaders. This guide provides background to help set the stage for your discussions. It also supplies some approaches to the issue to stimulate your ideas and thinking about where we should be headed as a country.
Private International Law
Private International Law
Unlike public international law, it is the job of private international laws to monitor the validity of any judgments within any local and foreign courts. This private international law arrangement is also known as the conflict of laws since the Rome Convention of 1991. According to the rules set forth regarding the private international laws, the laws named in a contract have to be respected. Private international laws cover the legal rules for legal guides, treaties, conventions and model laws.
• Private international law is generally based on various national laws. However, private international law also deals with treaties, legal guides, and a number of other international disputes. Since there are so many areas of law that private international laws deal with, it is difficult to truly define it, although private international law is usually best known for its business dealings.
• One important occurrence within the field of private international law is called the Hague Conference of Private International Law. This treaty has existed since the 1893 conference held by the Government of the Netherlands. The Hague Conference of Private International Law developed rules relating to private international law problems and issues. It covers everything from jurisdictional rules to international child abduction. These issues were not covered at the time by private international laws.
• There are multiple ways to learn about and research areas of private international law when dealing with a specific area. One way is to determine what the rules for that particular jurisdiction are. As per the custom of private international laws, one must know the conflict of laws for that legal jurisdiction. The next step when handling private international law matters are finding out if any specific treaties exist for that jurisdiction that applies to the issue in question, such as the Hague Conference of Private International Law. Getting outside information about the issue in question through books or Internet research. There are many books that cover these private international law issues. Researching foreign laws in general is also important.
A large amount of legal framework has been created due to the practice of private international law. Private international laws are constantly updated, since new conferences are held every four to six years by the Organization of the American State. The Organization of the American State is one of the most important mediators for private international law in both North and South America.
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