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Transnational Commercial Law- 02

Transnational Commercial Law

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20th February 2019

Transnational Commercial Law

Introduction

Undoubtedly, globalisation changed the functioning of the world in the world in an exceptional manner. Nations become more associated with each other in different forms and considerations. It is worthy to mention that the prospect of the globalisation also immensely transform the pattern of business for many countries. It provides an excellent level of chances to expand the business at the global level. It is observed that many nations effectively attained benefit from the changing structure of the business. Gigantic multinational organisations are clear examples of significant outcomes of the phenomenon of globalisation. It is vital to explore how international trade alters the overall perspective of the business concerning the case of developed and developing countries. The prominent role of a different international organisation can also never be ignored when it comes to the idea of growing business at the international level ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"S22zYZ86","properties":{"formattedCitation":"(Rena, 2012)","plainCitation":"(Rena, 2012)","noteIndex":0},"citationItems":[{"id":1664,"uris":["http://zotero.org/users/local/lMSdZ3dY/items/QPL28MJL"],"uri":["http://zotero.org/users/local/lMSdZ3dY/items/QPL28MJL"],"itemData":{"id":1664,"type":"article-journal","title":"Impact of WTO policies on developing countries: issues and perspectives","container-title":"Transnational corporations review","page":"77-88","volume":"4","issue":"3","author":[{"family":"Rena","given":"Ravinder"}],"issued":{"date-parts":[["2012"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Rena, 2012). These particular organisations are formed at the international level to comprehensively achieve the targets of globalisation and ensure corporate benefits for all the member countries without the distinction of developed or less developed country. The consideration of the global business can be recognised as completed without the approach of the World Trade Organization (WTO). WTO is one noticeable international entity that is developed with the focus to enhance the business options for the developing countries. It is interesting to apprehend the central idea of how effectively this specific organisation play its role to meet the actual objectives relevant to its operations. Here the main focus is to critically analyse the actual impact of WTO on the business of developing countries and propose some viable solutions to ensure the appropriate trading system for all the member countries.

Description

WTO is a renowned international organisation which is responsible for connecting different countries of the world concerning the approach of business. It refers to the prominent entity to eliminate the gaps between countries and ensure an active form of free trade for all its member countries. The actual concentration of WTO reveals as to increase business opportunities for the countries who are ranked as less-developed nations. The prime objective of this form of prospect is to guarantee the proper intervention of all the growing economy into the international approach of international business. It comes up with the theme that it is essential for the nations to avail benefits from each other’s potential in the form of growing business and utilise this chance for the betterment of their citizens. Proper assessment of the actual reality of the international trade system is essential to make inferences about the actual performance of the WTO. It is vital to establish the prevailing connection between the ground reality and the objective set by the WTO for its member nations. Many critics argue that WTO never successfully achieve the target of enhancement of the business paradigms for all the countries without any form of discrimination. The impact of the rules set by the WTO at the international level challenged by many researchers and referred as the hinder for the growth of business for the developing countries. It is critical to explore the actual role of the WTO in international business and how they influence the corporate prospects of the developing countries. This form of evaluation further helps to propose vital solutions to enhance the performance level of the global organisation of WTO.

Role of WTO

It is one fact that many countries are not able yet to successfully integrate into the global economy and attain actual benefits from the overall paradigm of different trade reform programs. Many various factors are the main reason for this form of concern. It is observed that free trade is still a dream for many nations that make it difficult for them to enhance their corporate position at the international business level. Various forms of trade barriers are the actual reality for many developing countries. It is also significant to mention that the opportunity of investment is immensely high for many countries that make it complicated for them to take part in the global business bracket effectively. The phenomenon of anti-bias export can also be never ignored that actively restrict business options for many developing economies. It is essential to indicate that detrimental internal factors of the developing countries also limit their international business prospect ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"W3axrZAy","properties":{"formattedCitation":"(Rena, 2012)","plainCitation":"(Rena, 2012)","noteIndex":0},"citationItems":[{"id":1664,"uris":["http://zotero.org/users/local/lMSdZ3dY/items/QPL28MJL"],"uri":["http://zotero.org/users/local/lMSdZ3dY/items/QPL28MJL"],"itemData":{"id":1664,"type":"article-journal","title":"Impact of WTO policies on developing countries: issues and perspectives","container-title":"Transnational corporations review","page":"77-88","volume":"4","issue":"3","author":[{"family":"Rena","given":"Ravinder"}],"issued":{"date-parts":[["2012"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Rena, 2012). These features are also a significant concern for the nations to never actively involve the entire collaborative trade system at a worldwide level. Different sort of regional conflicts or involvement of the countries in the wear are the significant reasons that negatively influence the approach of the global business system for these nations.

There are different international institutions such as WTO to establish a general agreement between the member countries to attain the option of free trade policy reforms. This particular paradigm come up with the focus to create the business environment for the valuable supply-side responses. The main objectives of this form of consideration are to increase the level of economic growth for developing countries and increase the means to generate more employment. Trade policy reform can only establish a successful paradigm if it actively implanted and supported by comprehensive institutional setting. This specific institutional domain can be referred as the prominent platform of WTO. Aligned combination of different reforms is the need of time to effectively articulate and implement the idea of an integrated global trading system for all the nations. An effective combination of complementary policies is required to enhance the domain of business environment.

The role of WTO can only critically measure by thoroughly understand its prospect of functioning. It is important to explore how the WTO works to facilitate its member countries concerning the objective of gaining maximum benefits from the global trading system. It is significant to examine how WTO provide necessary assistance to the developing nations to strategise their economic prospects for the attainment of better international trade outcomes. WTO is recognised as the replacement of the organisation of the General Agreement on Trade and Tariffs (GATT). It is crucial to explore how effectively WTO meet its objective that differs from the previous global trading entity. The primary objective of the formation of the WTO is to ensure the provision of equal trade environment for all its member countries. The focal point of concern is to establish the particular environment that provides an effective consideration of free trade of goods and services and maintain the better form of the flow of trade between different nations. It is also one core agenda of the WTO to consider necessary measures to overcome the prevalence of different structural imbalances.

For two decades, the WTO is playing its influential role to provide a useful platform to the member nations to achieve the target of stable globe business system. It is established as the institution to assure better negotiation level between the countries that ultimately encourage them to facilitate each other in the integrate trade process. It is worthy to mention that there is consideration of a comprehensive conflict settlement method developed by the organisation to build consensus between different nations and motivate them towards the fruitful domain of global business. In other words, WTO can claim as the bridge between different countries to successfully articulate the idea of a trading system and adopt strategies to enhance the prospect of business. A thorough consideration of the concept of multilateral politics is also a prominent feature of concern for the WTO concerning the primary objective of the stability of the business environment at the global level. Many countries are the active members of the international organisation of WTO. It is significant to explore that all nations are connected for the single objective of increasing their business chances at a global level. The personal interest of countries ultimately become the reason of many forms of conflict. The growing concern of the potential conflicts between nations ultimately influences the performance of the WTO as the representative global trade organisation. The growing interests of different member countries explicitly highlight the issue of insignificant and imbalance role of WTO ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Gh4tOSAV","properties":{"formattedCitation":"(Rena, 2012)","plainCitation":"(Rena, 2012)","noteIndex":0},"citationItems":[{"id":1664,"uris":["http://zotero.org/users/local/lMSdZ3dY/items/QPL28MJL"],"uri":["http://zotero.org/users/local/lMSdZ3dY/items/QPL28MJL"],"itemData":{"id":1664,"type":"article-journal","title":"Impact of WTO policies on developing countries: issues and perspectives","container-title":"Transnational corporations review","page":"77-88","volume":"4","issue":"3","author":[{"family":"Rena","given":"Ravinder"}],"issued":{"date-parts":[["2012"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Rena, 2012). It referred to as the ineffective trade system approach proposed by the authority of WTO. The reality of the international business helps to determine the effectiveness of the business policies and structures set by WTO for its all member countries. It is observed that many developing countries are immensely facing the challenge of trade restriction and inadequate chances of trade enhancement contrary to the claim establish by the WTO.

Basic Functions of WTO

The effectiveness of the WTO can better measure by critically analysing its functions and main principles. This form of understanding helps to identify the gap between the objectives set by the organisation and the actual position on the ground. The fundamental function of the WTO is to provide a platform to all the member nations to meet the objective of global cooperation related to the perspectives of different trade policies. The institution of WTO is responsible for providing the systematic and comprehensive code of conduct about business operations to all its member nations. Various policies and trade structures are instructed by the entity of WTO to maintain the better exchange of trade between countries at the global level. In other words, the forum of WTO referred as the global market that offers all the countries to come together and communicate with each other for the core agenda of business enhancement in the form of the global trading system ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"qIbVoPQz","properties":{"formattedCitation":"(Hoekman et al., 2002)","plainCitation":"(Hoekman et al., 2002)","noteIndex":0},"citationItems":[{"id":1665,"uris":["http://zotero.org/users/local/lMSdZ3dY/items/DEV4YRDT"],"uri":["http://zotero.org/users/local/lMSdZ3dY/items/DEV4YRDT"],"itemData":{"id":1665,"type":"book","title":"Development, trade, and the WTO: a handbook","publisher":"The World Bank","ISBN":"0-8213-4997-X","author":[{"family":"Hoekman","given":"Berrd M."},{"family":"English","given":"Philip"},{"family":"Mattoo","given":"Aaditya"}],"issued":{"date-parts":[["2002"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Hoekman et al., 2002). The outcome of the market exchange can reveal in the form of proper development of the code of conduct for the worldwide business. The institution of WTO is also responsible for setting particular legal obligations for all its member nations concerning the feature of trade policies. These legal domains are established in the form of different trade agreement that helps the international business organisation to legalise their business operations.

Basic Principles of WTO

Critical understanding of the basic principles set by the WTO is essential to determine its effectiveness in the entire structure of the trading system. An inclusive framework is constructed by the WTO relevant to the primary approach of trade policies. It is essential to indicate that its specific framework can never refer to the criteria to establish outcomes. It only concerned about the domain to set the basic rules and regulations for all the stakeholders without developing the idea of final results. There are five fixed principles under the paradigm of WTO recognised as nondiscrimination, reciprocity, enforceable commitments, transparency, and the aspects of safety. Critical consideration of these principles can be assistive to make proper inferences about the actual performance of the authority of WTO most importantly in the case of developing nations.

Nondiscrimination

The main idea of nondiscrimination comprised of the facets of most-favoured-nation (MFN) rule, and the feature of the national treatment principle. Both these factors are adaptable for the domains of goods, services, and intellectual property. The basic idea associated with this particular approach is that foreign products can never be categorised as the less favourable items in the comparison of domestic products. This certain phenomenon is established under the perspective of the national treatment principle.

Reciprocity

Reciprocity is another important principle set by the WTO for all the member countries. It is established as the one essential feature to establish the promising form of negotiating the process to enhance the business paradigm. The approach of better trading exchange is proposed by WTO to limit the growing scope of the unlimited authority of any strong nation under the paradigm of MFN. It also actively linked to maintaining the better form of structure to ensure the payments for the idea of trade liberalisation that ultimately provide for the countries to enhance their access to the foreign markets.

Enforceable Commitments

It is another major principle attributed by the entity of WTO. The main aim of this international organisation is to regulate all the business activities embedded at a global level and ensure a free trading mechanism for all the member countries. The criteria of liberalisation commitments are enforced by the organisation to set certain rational trade rules for all the countries. It is interesting to indicate that the principle of nondiscrimination recognised as the foundation for the proper development and implementation of the different commitments and agreements ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"LM0vR1fp","properties":{"formattedCitation":"(Hoekman et al., 2002)","plainCitation":"(Hoekman et al., 2002)","noteIndex":0},"citationItems":[{"id":1665,"uris":["http://zotero.org/users/local/lMSdZ3dY/items/DEV4YRDT"],"uri":["http://zotero.org/users/local/lMSdZ3dY/items/DEV4YRDT"],"itemData":{"id":1665,"type":"book","title":"Development, trade, and the WTO: a handbook","publisher":"The World Bank","ISBN":"0-8213-4997-X","author":[{"family":"Hoekman","given":"Berrd M."},{"family":"English","given":"Philip"},{"family":"Mattoo","given":"Aaditya"}],"issued":{"date-parts":[["2002"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Hoekman et al., 2002). The approach of tariff commitments in the form of legitimate prospects established by the authority of WTO for all the member nations.

Transparency

It is one critical and most important facet of concern for the organisation to ensure the effective establishment of all the legal domains and agreements between different member countries. The principle of commitment can only meet if the responsible entity has proper access to the necessary information. All the arrangements under the umbrella of WTO are administered by the authority to avoid any form of discrimination or legal complications. The principle of transparency recognised as the basic element which is used by the WTO to attain the better form of legal obligations. It is illustrated under the domain of Article X of the GATT and Article III of the prospect of GATS. The authority of WTO makes it mandatory for all its member nations to publish their trade agreements to determine the specific administrative decisions set for the trade. Safety Controllers

The paradigm of safety controllers referred to as the final basic principle set by the WTO for its member nations. This particular legal approach gives some form of authority to the government when it comes to the enforcement of some restrictions on trade. This specific paradigm also connects with the consideration of trade measures to achieve noneconomic objectives. Fair competition is another facet of concern relevant to the main idea of safety valves. This certain principle also permits to attain the feature of proper involvement in the trade to achieve various economic objectives.

Transnational Commercial Law

This certain legal form is another comprehensive source of knowledge to better figure out the idea of trading system prevails at the global level. The concept of transnational commercial law identified as the combination of different rules that provide necessary directions to the practices of international commercial transactions. In other words, it can be considered as the described legal system for the business corporations about the legitimate concerns in the global business. It is evident that when one organisation is interested in initiating business paradigms with the other countries that there will be a need for proper legal agreement ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"VeWnGDSc","properties":{"formattedCitation":"(Zumbansen, 2002)","plainCitation":"(Zumbansen, 2002)","noteIndex":0},"citationItems":[{"id":1666,"uris":["http://zotero.org/users/local/lMSdZ3dY/items/RRN436FJ"],"uri":["http://zotero.org/users/local/lMSdZ3dY/items/RRN436FJ"],"itemData":{"id":1666,"type":"article-journal","title":"Piercing the legal veil: commercial arbitration and transnational law","container-title":"European Law Journal","page":"400-432","volume":"8","issue":"3","author":[{"family":"Zumbansen","given":"Peer"}],"issued":{"date-parts":[["2002"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Zumbansen, 2002). These legal considerations or rules helps to adopt the better prospect of the business between different business parties. The direction of various conventions and model laws are used to enforce legal forms in the global trading system better. The approach of law related to the phenomenon of transnational trading provides knowledge about the general rules and regulations set for the organisations.

WTO referred to as the authority at the global level which is responsible for ensuring the enforcement of different legal agreements and international business law at the global level. Different rules are developed based on the interest level of all the member nations. It is one prime duty of the entity of WTO to ensure the legal rights for all the countries and enhance the perspective of free trade. The practices of low-cost investment and fewer barriers to entry to the international market are two significant aspects considered by the organisation to achieve the primary objective in its true form.

Impact of WTO on Developing Countries

It is utmost crucial to critically analyse the actual position of the developing countries by observing their economic conditions and connectivity to the international business. This form of evaluation helps to determine the actual role of WTO for the betterment of different economies concerning to the integrated global trading system. It is argued that WTO never successfully achieve its target of free trade for every member nation because many developing countries are still facing the problems of high investment rate and large form of different trade barriers in the way of tariffs and taxes.

Critical consideration of the Doha Development Round is one major facet of concern to indicate about the role of WTO in the economic betterment of developing countries. The focal point of this particular agreement and negotiation domain is to provide necessary and timely aid to the developing countries to ensure their role in the international business. The principles of multilateral liberalisation and rulemaking are set by the required aspects by the WTO to achieve the target of growth and long-term development in the developing regions of the world.

Identification of different functions and their implementation helps to determine the actual role of WTO. The primary objective for this entity set as the proper enforcement, management, and operation of all the different legal agreements. It also established as the entity to provide a legitimate platform to all the member countries to sort out their business conflicts at the international level. Proper surveillance of the global economic policy is also the primary objective of WTO appears in the form of fundamental function. Different forms of comprehensive economic reforms are offered by the WTO to effectively align the economy of developing countries into the global trading system. Fundamental reform program is the example of the policy formation to provide support to the governments of developing countries. It is noteworthy to describe that agricultural markets referred to as the target market to focus on the economic growth of the countries who are ranked as developing nations. Food security and rural development are the primary goals set by the WTO for the developing areas of the world. These two elements are features of concerns under the approach of non-trade concerns. The reality of the global economy indicates that although WTO plays a vital role in the economic enhancement of the developing countries all the benefits are not transmitted to all the region in reality. There are some developing regions which are still facing major trading concerns and challenges. Distribution of the resources for all the developing zones requires more attention. It is need of the time to understand that there are some specific economic issues faced by developing economies. Developing countries have their regional challenges as well which hinder their way to actively involves in the process of global trading. Lack of resources or the issue of the economy of scale is prominent examples of the economic challenges faced by the developing nations. It is immensely crucial for the WTO to consider the specific problems of all the different developing regions separately and offer better and targeted intervention plan to provide economic assistance. The reality of the developing nations indicates that WTO potentially failed to build a consensus about the subsidiary agreements at different levels. The role of WTO is also not impressive when it comes to effectively deliver different trade rules and policies for the member nations. There are confusing rules for the developing regions that make it difficult to involve in economic process at the global level.

The rules set by the WTO for the developing countries become the source of conflict in different forms. It is critical to address these specific features of concerns and took necessary measures in the kind of articulation of beneficial policies. The unsuccessful establishment of the economic policies in the developing countries turns as the crisis for the authority of WTO. Reconsidering the approach of agriculture negotiations is essential. It is one complex task for the organisation to manage because different nations have different objectives and specific concerns. Diversity in the form of the economic aim of various developing countries minimises the positive impact of WTO for the developing region of the world.

Conclusion

To conclude the critical discussion about the actual role of WTO for the developing countries, it is worthy to indicate that the entity of WTO is one important domain concerning to the idea of international business and adoption of the integrated global trading system. The role of WTO can never be ignored relating to the particular principles and rules set by the organisations for the sake of regulating business at the global level. It is vital to explore how effectively the authority of WTO achieve its primary objective of a free trading system for all the countries without referring to any legal restrictions. There is a need for further valuable and practical measures to ensure the accomplishment of the actual goal of the global trading system. It is essential for the WTO to reconsider its strategies for the different developing regions and set the rules according to their certain developmental needs.

Recommendations

It is suggested for WTO to establish new policy dialogue to apprehend the actual existing problems for the developing countries. Consideration of new planning domain helps to determine the real influence of policies and rules on the developing economies.

Dialogue is a crucial facet of concern referring to the conditions of the developing nations. It is important for the authorities to openly communicate with the governments of the developing countries to figure out their actual problems and develop a road map for the future.

Assessment of the institutional performance of the organisation is mandatory to identify the loopholes and design potential strategy to meet the standard of legal and economic protection for all the member countries.

Special and differential treatment (SDT) agreements set by the WTO for the developing countries can be problematic for some of the concerned regions. It can be one challenging prospect for the developing nations to re-examine the phenomenon of SDT and implement it in its true form. Referring to this concern, it is suggested to identify the approach of prioritising critically.

Mainstreaming of the agriculture concerns is necessary to involve emerging economies into the trade and development process set at the global level.

Bibliography

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Hoekman, B.M., English, P., Mattoo, A., 2002. Development, trade, and the WTO: a handbook. The World Bank.

Rena, R., 2012. Impact of WTO policies on developing countries: issues and perspectives. Transnatl. Corp. Rev. 4, 77–88.

Zumbansen, P., 2002. Piercing the legal veil: commercial arbitration and transnational law. Eur. Law J. 8, 400–432.

Subject: Law and International Law

Pages: 12 Words: 3600

Transnational Crime

[Name of the Writer]

[Name of Instructor]

[Subject]

[5 April 2019]

To what extent globalization increase or decrease transnational crime

Globalization is a process by which there are an increased exchange idea, technology transportation, and other cultural ties. With these developments, globalization has increased the internationalization and diversification of crime and affected global governance. The global crimes include drug-trafficking, smuggling of migrants, cyber-crimes, organized crimes in urban areas, money laundering and piracy. Despite these global threats, there exists a lack of cooperation among the key globalized institutions. Williams is of the view that globalization, in fact, has eased the international trade but at the same time it has increased the difficulty to regulate the global trade and economy; therefore, smugglers have been manipulating this ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"9cOzHNN6","properties":{"formattedCitation":"(\\uc0\\u8220{}How Globalization Affects Transnational Crime,\\uc0\\u8221{} n.d.)","plainCitation":"(“How Globalization Affects Transnational Crime,” n.d.)","noteIndex":0},"citationItems":[{"id":296,"uris":["http://zotero.org/users/local/orkqtrjP/items/J48FKNW7"],"uri":["http://zotero.org/users/local/orkqtrjP/items/J48FKNW7"],"itemData":{"id":296,"type":"webpage","title":"How Globalization Affects Transnational Crime","container-title":"Council on Foreign Relations","abstract":"With drug legalization increasingly debated by world leaders, CFR’s Stewart Patrick and Phil Williams of the University of Pittsburgh discuss the explosion of transnational crime in a globalized world.","URL":"https://www.cfr.org/explainer-video/how-globalization-affects-transnational-crime","language":"en","accessed":{"date-parts":[["2019",4,5]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (“How Globalization Affects Transnational Crime,” n.d.). There is an increase in global inequalities that has been causing people for organized crimes.

The Transnational Organized Crimes (TOCs) have coordination across the borders which involve a group of individuals and networks for executing illegal and illicit activities with systematic corruption and violence. Such type of crimes has significant benefits from globalization. Moreover, globalization has intensified global social interactions by affecting the socio-political and economic structure. Most of the TOCs start from one continent and end at other ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"NO4ZsxYe","properties":{"formattedCitation":"(United Nations Office on Drugs and Crime, 2010)","plainCitation":"(United Nations Office on Drugs and Crime, 2010)","noteIndex":0},"citationItems":[{"id":301,"uris":["http://zotero.org/users/local/orkqtrjP/items/SZUZT6LV"],"uri":["http://zotero.org/users/local/orkqtrjP/items/SZUZT6LV"],"itemData":{"id":301,"type":"book","title":"The globalization of crime: a transnational organized crime threat assessment","publisher":"United Nations Office on Drugs and Crime","publisher-place":"Vienna","source":"Open WorldCat","event-place":"Vienna","abstract":"In The globalization of crime: a transnational organized crime threat assessment, UNODC analyses a range of key transnational crime threats, including human trafficking, migrant smuggling, the illicit heroin and cocaine trades, cybercrime, maritime piracy and trafficking in environmental resources, firearms and counterfeit goods. The report also examines a number of cases where transnational organized crime and instability amplify each other to create vicious circles in which countries or even subregions may become locked. Thus, the report offers a striking view of the global dimensions of organized crime today.","ISBN":"978-92-1-130295-0","note":"OCLC: 654315644","shortTitle":"The globalization of crime","language":"en","author":[{"literal":"United Nations Office on Drugs and Crime"}],"issued":{"date-parts":[["2010"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (United Nations Office on Drugs and Crime, 2010).

Insurgent and terrorist group completely rely on illegal activities. The social theory of Globalization suggests that globalization has affected the process of policing ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"OYtfwL4j","properties":{"formattedCitation":"(MEd, 2006)","plainCitation":"(MEd, 2006)","noteIndex":0},"citationItems":[{"id":298,"uris":["http://zotero.org/users/local/orkqtrjP/items/TNDR96YT"],"uri":["http://zotero.org/users/local/orkqtrjP/items/TNDR96YT"],"itemData":{"id":298,"type":"article-journal","title":"The Social Theory of Globalization and Terrorism","container-title":"Journal of Police Crisis Negotiations","page":"49-63","volume":"6","issue":"2","source":"Taylor and Francis+NEJM","abstract":"This paper explores the social theory of Globalisation and its effects on policing in general and the education of crisis negotiators in particular. This paper provides an introduction to the theory of globalisation discussing its various forms, and their implications and linkages to terrorism. Throughout this paper the relevance of these issues for the education of police negotiators is considered.","DOI":"10.1300/J173v06n02_04","ISSN":"1533-2586","author":[{"family":"MEd","given":"Rob Kennett"}],"issued":{"date-parts":[["2006",6,15]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (MEd, 2006). The twenty-first-century terrorism relies completely on electronic communication. The contemporary wave of international terrorism can be categorized by unprecedented and unpredictable threats from the non-state actors ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"44jyrfaA","properties":{"formattedCitation":"(Li & Schaub, 2004)","plainCitation":"(Li & Schaub, 2004)","noteIndex":0},"citationItems":[{"id":308,"uris":["http://zotero.org/users/local/orkqtrjP/items/8WEDYRJN"],"uri":["http://zotero.org/users/local/orkqtrjP/items/8WEDYRJN"],"itemData":{"id":308,"type":"article-journal","title":"Economic Globalization and Transnational Terrorism: A Pooled Time-Series Analysis","container-title":"Journal of Conflict Resolution","page":"230-258","volume":"48","issue":"2","source":"SAGE Journals","abstract":"The effect of economic globalization on the number of transnational terrorist incidents within countries is analyzed statistically, using a sample of 112 countries from 1975 to 1997. Results show that trade, foreign direct investment (FDI), and portfolio investment have no direct positive effect on transnational terrorist incidents within countries and that economic developments of a country and its top trading partners reduce the number of terrorist incidents inside the country. To the extent that trade and FDI promote economic development, they have an indirect negative effect on transnational terrorism.","DOI":"10.1177/0022002703262869","ISSN":"0022-0027","shortTitle":"Economic Globalization and Transnational Terrorism","journalAbbreviation":"Journal of Conflict Resolution","language":"en","author":[{"family":"Li","given":"Quan"},{"family":"Schaub","given":"Drew"}],"issued":{"date-parts":[["2004",4,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Li & Schaub, 2004). While the US response to international terrorism is largely anachronistic and reactive. As a result, those responses affected the promotion of human rights. It had to be countered with multifaceted and flexible responses.

Regarding human trafficking, there is a great number of nationals who are victim to this transnational activity in Europe particularly than another region of the world. There are two prominent routs for migrant smugglers i.e. from Latin America to North America and Africa to Europe. While these routes greatly serve to the smugglers. On the other hand, 90% of heroin cultivated in Afghanistan and supplied to Europe and Russia.

There exist wildlife trafficking apart from other transnational crimes from South-East Asia and Africa to other parts of the world. The demand for environmental resource trafficking has increased dramatically in recent years. This will have long-term environmental consequences. While the third world countries are more prone the environmental crimes such as timber laundering.

Cybercrime, on the other hand, has allowed the customary acquisitive crimes like that of transnational trafficking and identity theft. In recent days, child pornography is on the rising but still less common than other forms of international crimes. In the case of the US, there is an increase in the number of both perpetrators and the victims. There is a threat that these multi-crime groups go into the crime if its demand increases. The countries with political instability are vulnerable to such crimes and particularly the countries where armed groups and insurgencies have influence. In this regard, the counties of Central and South Asia are vulnerable.

Globalization has increased the illegal trafficking of weapons by destabilizing governments and societies in Africa and Eastern Europe. Light weapons are affecting the lives of people and it is used in every conflict around the world. Since 1945 they have caused 90 percent of the war causalities ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"xfZBIvDQ","properties":{"formattedCitation":"(Ahmad, bullet, & Mwanza, 2006)","plainCitation":"(Ahmad, bullet, & Mwanza, 2006)","noteIndex":0},"citationItems":[{"id":309,"uris":["http://zotero.org/users/local/orkqtrjP/items/6ALWE36G"],"uri":["http://zotero.org/users/local/orkqtrjP/items/6ALWE36G"],"itemData":{"id":309,"type":"article-journal","title":"Globalisation and crime","volume":"3","source":"ResearchGate","author":[{"family":"Ahmad","given":"Usman"},{"family":"bullet","given":"Karofi"},{"family":"Mwanza","given":"Jason"}],"issued":{"date-parts":[["2006",2,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Ahmad, bullet, & Mwanza, 2006). While after the civil war, the rate of homicide has increased by 36 percent ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"vRBfukVL","properties":{"formattedCitation":"(Ahmad et al., 2006)","plainCitation":"(Ahmad et al., 2006)","noteIndex":0},"citationItems":[{"id":309,"uris":["http://zotero.org/users/local/orkqtrjP/items/6ALWE36G"],"uri":["http://zotero.org/users/local/orkqtrjP/items/6ALWE36G"],"itemData":{"id":309,"type":"article-journal","title":"Globalisation and crime","volume":"3","source":"ResearchGate","author":[{"family":"Ahmad","given":"Usman"},{"family":"bullet","given":"Karofi"},{"family":"Mwanza","given":"Jason"}],"issued":{"date-parts":[["2006",2,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Ahmad et al., 2006). The machines guns are pouring in South Africa from Mozambique and Angola. The murders in Albania have increased five times. The global community has greatly examined the link between globalization and transnational crime.

On the other hand, many around the world believe that globalization could have a positive impact as crimes cannot be assumed in its context as it happens in a physical space. Crimes, however, assumed in a number of socio-political, economic and cultural context through international processes. Moreover, crime is assumed in a selected and dynamic context by presenting it as an economic choice ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"7kIspFIY","properties":{"formattedCitation":"(Ahmad et al., 2006)","plainCitation":"(Ahmad et al., 2006)","noteIndex":0},"citationItems":[{"id":309,"uris":["http://zotero.org/users/local/orkqtrjP/items/6ALWE36G"],"uri":["http://zotero.org/users/local/orkqtrjP/items/6ALWE36G"],"itemData":{"id":309,"type":"article-journal","title":"Globalisation and crime","volume":"3","source":"ResearchGate","author":[{"family":"Ahmad","given":"Usman"},{"family":"bullet","given":"Karofi"},{"family":"Mwanza","given":"Jason"}],"issued":{"date-parts":[["2006",2,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Ahmad et al., 2006). The key drivers of globalization have transformed crimes beyond people, and crimes have become a global culture. The rise of globalization goes side by side with the internationalization of crime as there is global economic competitiveness at all levels. This process has been concentrating power by marginalizing the poor people and countries. The focus of global players is only securing and capturing international markets by ignoring the needs of the people. Susan George is of the view that globalization has created three-track societies; the exploiters, the people who they are being exploited and the outcasts particularly in under developing countries.

To counter these transnational crimes, the countries around the world require a common platform for cooperation with a standard legal framework. In this regard, intelligence sharing play a vital role. The global organization and countries need to transform political will into concrete results by understanding the transnational crime and developing a counter national response and strategies. In this regard, the globalized forces need to facilitate economic growth and a positive socio-cultural change with an enhanced interaction around the world. However, there has been an increase in the number of arrests for showing an efficiency of law and other enforcement agencies for detection of transnational crimes. While there are many cases go negotiated.

Bibliography

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Ahmad, U., bullet, K., & Mwanza, J. (2006). Globalization and crime. 3.

How Globalization Affects Transnational Crime. (n.d.). Retrieved April 5, 2019, from Council on Foreign Relations website: https://www.cfr.org/explainer-video/how-globalization-affects-transnational-crime

Li, Q., & Schaub, D. (2004). Economic Globalization and Transnational Terrorism: A Pooled Time-Series Analysis. Journal of Conflict Resolution, 48(2), 230–258. https://doi.org/10.1177/0022002703262869

MEd, R. K. (2006). The Social Theory of Globalization and Terrorism. Journal of Police Crisis Negotiations, 6(2), 49–63. https://doi.org/10.1300/J173v06n02_04

United Nations Office on Drugs and Crime. (2010). The globalization of crime: a transnationally organized crime threat assessment. Vienna: United Nations Office on Drugs and Crime.

Subject: Law and International Law

Pages: 3 Words: 900

Troubling Trends In Recent Immigration Policies

Troubling Trends in Recent Immigration Policies

[Name of the Writer]

[Name of the Institution]

Troubling Trends in Recent Immigration Policies

Introduction

The act of giving shelter, helping individuals looking for asylum and shielding them from threat, has a long history. It was initially a religious commitment, basic to numerous religions, to help outsiders in need. Early ideas of haven were constantly connected to a blessed spot or nearness to that place. The sacredness of the sanctuary or church gave an asylum from the manmade purview and gave religious assurance, or special stepped area, security (Gatrell, 2016). As the idea of state authority started to develop, the ability to allow refuge moved from religious organizations to country states. State shelter turned into an essential device in the relations between nations and countries.

Discussion

It was just in the mid-twentieth century that refuge started to be perceived as a human right in legitimate universal instruments. This finished in the Universal Declaration of Human Rights and denoted the acknowledgment of the ideological move from the shelter as an apparatus of the state to have as an individual right. The possibility of a person's entitlement to look for refuge became much more common by the more conventional idea of shelter as something states reserved the option to give people. By the mid-twentieth century, this elective perspective on shelter was starting to be reflected in universal instruments (Schabas, 2018). The 1933 League of Nations 'Tradition Relating to the International Status of Refugees' restricted signatory states from precluding passage to outcasts from claiming neighboring states and from removing displaced people inside their outskirts. The Second World War quickened these changes. The allowing of refuge came to be comprehended not as an optional privilege control, however as a commitment of states. States currently had a duty to give shelter to stateless people or individuals aggrieved by their own state. In 1951 the United Nations embraced the Refugee Convention (Boyd, 2018). The tradition does exclude a privilege to look for shelter similarly as the UDHR, yet rather ensures against refoulement – a French expression which in this setting intends to send back, shock or pivot. The Refugee Convention mirrors the political setting of the time and is a regional arrangement (Lucassen, 2018). After the Second World War, Europe had a huge displaced person issue, and there was a need to convey the obligation regarding these evacuees. Refoulement was the known term that was used to disseminate obligation regarding evacuees – any displaced person in a state's domain turns into that state's duty.

The finish of the Cold War got a worldwide move displaced person approach, with a turn towards prohibitive measures overall conventional refuge nations. This relates with a critical increment in displaced person numbers, most as of late because of the contention in Syria and other neighboring countries most of the worn torn nations. The expansion in outcasts joined with a deficient increment in resettlement places offered through standard movement diverts has brought about more noteworthy quantities of individuals looking for insurance through unpredictable relocation stations. This has filled the politicization of the idea of refuge and created firm stance reactions intended to constrain access to such unpredictable development.

Before the finish of 2017, there were over 68.5 million refugees, the most astounding number since the outcome of World War II. Also, the number has expanded by more than 50 percent after 2011. The transcendent reasons for dislodging are mistreatment, struggle, human rights infringement, summed up brutality and, all the more as of late, environmental change. In 2017, kids made up roughly 52 percent of the exile populace, including 173,800 alone or isolated kids. Females made up 50 percent of the exiles. The 'working age' gathering, displaced people somewhere in the range of 18 and 59 years of age, while 6 percent of the refugees were 60 years in age or above.

World War 2

Both the first and the second world wars were full of flimsiness and along with the great renowned Great Depression of 1929 was one of the main reasons that made Germany go into war with the European nations. The uncertainty put forth among the European nations by the First World War fixed the stage for additional worldwide battle– World War II– which broke after two periods and would validate significantly all the additional obliterating. Climbing to regulate in a monetarily and governmentally insecure Germany, Adolf Hitler and his National Socialist equipped the country and marked vital settlements with Japan and Italy to facilitate his ambitions of global regulation. Hitler's attack on Poland in September 1939 herd Great Britain and France to pronounce war on Germany, and World War II had started. During the following six years, the contention would take more lives and pulverize more land and property around the world than any past war. Among the assessed, 45-60 million individuals executed were 6 million Jews killed in Nazi inhumane imprisonments as a feature of Hitler's wicked "Last Solution," presently known as the Holocaust. In late August 1939, Hitler and Soviet pioneer Joseph Stalin marked the German-Soviet Nonaggression Pact, which induced a fad of stress in London and in Paris too. Hitler had since quite a while ago arranged an intrusion of Poland, a country to which Great Britain and France had ensured military help in the event that it was assaulted by Germany. The settlement with Stalin implied that Hitler would not confront a war on two fronts once he attacked Poland and would have Soviet help with overcoming and isolating the country itself. On September 1, 1939, Hitler attacked Poland and after two days, France and Britain pronounced war on Germany, starting World War II. On September 17, Soviet troops attacked Poland from the east. Enduring an onslaught from the two sides, Poland fell rapidly, and by mid-1940 Germany and the Soviet Union had partitioned power over the country, as indicated by a mystery convention attached to the Nonaggression Pact. Stalin's powers at that point moved to involve the Baltic nations namely Estonia, Latvia and Lithuania and vanquished a safe Finland in the War. Amid a half year following the attack of Poland, the absence of activity with respect to Germany and the Allies in the west prompted talk in the news media of a "fake war." Nevertheless, the British and German naval forces went head to head in a warmed fight, and deadly German submarines struck at trader shipping destined for Britain, sinking in excess of 100 vessels in the initial four months of the great World War II.

On April 9, 1940, Germany all the while attacked Norway and tangled Denmark, occupying it, and the war started decisively. On May 10, German powers cleared through Belgium and the Netherlands in what ended up known as "quick assault," or quick combat. Following three days, Hitler's army intersected the Meuse River and hit French militaries at Sedan, situated at the northern end of the Maginot Line, an intricate chain of fortresses built after World War I and thought about an impervious cautious obstruction. Indeed, the Germans got through the line with their military might equipped with tanks and planes and proceeded to the back, rendering it futile. The British Expeditionary Force was emptied via ocean from Dunkirk in May, while in the south French powers put forth a destined obstruction. As France was very near to a breakdown, Mussolini of Italy put his Pact of Steel which he made with Hitler energetically, and on June 10, Italy proclaimed war against France and Great Britain. On June 14, German powers arrived in Paris, another administration shaped by Philippe Petain who was France's saint of World War I, mentioned a peace negotiation two evenings later. France was in this way isolated into two zones, one under German military occupation and the other under Petain's administration, introduced at Vichy. Hitler currently directed his concentration towards Britain, which had the preferred protective standpoint of being isolated from the Mainland by the English.

With Britain confronting Germany in Europe, the United States was the main country fit for battling Japanese hostility, which by late 1941 incorporated an extension of its progressing war with China and the confiscation of European provincial possessions in the Remote areas of East. On December 7, 1941, 360 Japanese fighter planes assaulted the main U.S. maritime base at Pearl Harbor in Hawaii, overwhelming the Americans totally and killing in excess of 2,300 troops (Wall, 2017). The assault on Pearl Harbor served to bind together American popular sentiment for entering World War II, and on December 8 Congress proclaimed war on Japan with just a single contradicting vote. Germany and the Axis Powers speedily proclaimed war on the United States of America.

After broadened strings of Japanese triumphs, the U.S. Pacific Navy won the Battle of Midway in June 1942, which wound up being a pivotal occasion in the war. On Guadalcanal, a piece of the southern Solomon Islands, the Allies moreover had achievement against Japanese powers in a movement of battles from August 1942 to February 1943, helping split the flood furthermore in the Pacific. In mid-1943, Allied sea powers began a strong protection against Japan, including a movement of land and water competent assaults on key Japanese-held islands in the Pacific. This "island-hopping" approach showed successfully, and Allied forces moved closer to their authoritative target of assaulting the Japanese nation. In North Africa, American and British forces had beaten the Italians and Germans by 1943. An Allied interruption of Sicily and Italy sought after, and Mussolini's organization fell in July 1943. Anyway Allied doing combating against the Germans in Italy would continue until 1945. In 1942, at the eastern end of World War II, a Soviet counterattack impelled in November that completed the evil Battle of Stalingrad, which had seen unquestionably the brutal clash of the contention. The philosophy of winter, close by disappearing sustenance and therapeutic supplies suggested the end for German powers there, and on January 31, 1943, the rest of them submitted.

On June 6, 1944, Allied forces started a monstrous attack on Europe, landing 156,000 British, Canadian and American troopers on the shorelines of Normandy, France. This day is celebrated as D-Day. Accordingly, Hitler dispensed all the rest of the quality of his military into Western Europe, guaranteeing Germany's annihilation in the east. Soviet forces before long progressed into Poland, Czechoslovakia, Hungary, and Romania, while Hitler assembled his powers to drive the Americans and British once again from Germany in the Battle of the Bulge, the last actual German hostile of the war.

At the Potsdam Conference, U.S. President Harry S. Truman, who had gotten down to business after Roosevelt's demise in April, Churchill and Stalin examined the progressing war with Japan just as the harmony settlement with Germany. After the great World War 2, Germany would be isolated into four territorial zones, to be constrained by the Soviet, Britain, France and the United States of America. On the troublesome matter of Eastern Europe's future, Churchill and Truman submitted to Stalin, as they required Soviet collaboration in the war against Japan. The gore of World War II was exceptional and conveyed the world nearest to the expression "complete warfare." All things considered, 27,000 individuals were killed every day between September 1, 1939, until the formal surrender of Japan on September 2, 1945. Western mechanical advances had twisted upon itself, achieving the most ruinous war in mankind's history. The essential soldiers were the Axis countries of Nazi Germany, Fascist Italy, Grand Japan, and the Allied countries, Great Britain (and its Commonwealth countries), the Soviet Union, and the United States. Seven days after the suicide of Adolf Hitler, Germany genuinely surrendered on May 7, 1945. The Japanese would proceed to battle for about four additional months until their surrender on September 2, which was expedited by the U.S. dropping nuclear bombs on the Japanese townships of Nagasaki and Hiroshima. In spite of winning the war, Britain to a great extent lost quite a bit of its domain, which was delineated in the premise of the Atlantic Charter. The war hastened the recovery of the U.S. economy, and by the war's end, the country would have a gross national item that was about more prominent than all the Allied and Axis powers joined. The USA and USSR rose up out of World War II as worldwide superpowers. The in a general sense dissimilar, once partners ended up occupied with what was to be known as the Cold War, which ruled world legislative issues for the last 50% of the twentieth century.

Amid and after World War II, the United States developed as the world's driving force, which required its inclusion in global undertakings as well as new headings for the local and outside approach. Refugee and asylum arrangements planned amid this period mirrored this change. Strain to suit evacuees started amid the war (Rothman, 2017). In 1940, the legislature utilized regulatory measures to acknowledge a great many people who got away from Germany and German-involved European states. Set up in 1944, the War Refugee Board encouraged the passage of European displaced people, mostly Jewish. Afterward, the legislature likewise created approaches to empower these outcasts to end up perpetual immigrants. The number of displaced people conceded amid the war was moderately little. However, the measures and innovative approaches to suit them and the open discussion included lastingly affected U.S. movement arrangements. Following the war, the United States was influenced to manage the more than thirty million disjoined Europeans, including a million dislodged people who had been constrained from their countries amid the war. President Harry S. Truman issued an order in 1946 to apportion half of the European portions for displaced person confirmations. Ordered in 1948 and corrected in 1950, the dislodged people act approved the confirmation of 202,000 people in two years. These measures were created inside the system of the current migration law by enabling countries to contract their future portions. The DP demonstrations, in the long run, conceded four hundred thousand Europeans, 16 percent of them were Jewish. From 1949 to 1952, practically 50% of the new outsiders were conceded as displaced people; the majority of them had no associations with American natives. In the 1952 McCarran-Walter Act, exile arrangements were consolidated into migration guideline. Since a considerable lot of the newcomers had no associations in the United States, help was given through willful social administration systems (Mudu & Chattopadhyay, 2016). As this training proceeded, the social administration systems and the spiritual and national gatherings associated with them likewise started to impact American movement approach related to immigration.

Universal legislative issues amid the Cold War prompted progressively tolerant migration approaches for the individuals who professed to be political evacuees from socialist countries. The expanding strain to acknowledge an ever-increasing number of political displaced people and enable them to alter their lawful status made movement change unavoidable. The 1953 Refugee Relief Act surrendered the selling practices of the DP demonstrations, conceding 214,000 exiles as non-portion workers. The greater part of those entered as political outcasts after World War II were from Eastern Europe, and a moderately more modest number conceded were from Asia. The 1960s saw a deluge of Hungarian exiles who defied the socialist government and Cuban evacuees after socialists took over amid the Cuban Revolution. Originating from the western half of the globe country, the Cubans were not exposed to standard limitations. In 1957, Congress characterized displaced people to be those people escaping mistreatment in socialist nations or countries in the Middle East. The 1965 Immigration Act included exiles in the inclination framework and gave a share of up to 10,200. In spite of the fact that the 1965 Immigration Act forced a numerical roof for the western side of the equator countries, President Lyndon B. Johnson presented an open-entryway arrangement for Cuba, promising to concede each displaced person from that point. Best refuge petitions were documented by people from socialist nations. In 1987 alone an aggregate of 7,318 of workers from the Soviet Union, Poland, and Romania balanced their status through the shelter. In the years since 1990 political refuge was a noteworthy method for undocumented people or transitory visa holders from China to change lawful status (Ataiants et al., 2018). A 1989 demonstration gave admissions to three hundred thousand Soviet Jews, Christians, and a huge number of people from Armenia. Somewhere in the range of 1992 and 2007, in excess of 131,000 people from war-torn Bosnia and Herzegovina were conceded refuge. Like the individuals who accompanied outcast status, outsiders who were allowed shelter could work and get government help

Post-1945 migration to the United States varied reasonably drastically from America's prior twentieth and nineteenth-century migration designs, most eminently in the emotional ascent in quantities of foreigners from Asia. Starting in the late nineteenth century, the U.S. government found a way to banish movement from Asia. The foundation of the national roots share framework in the 1924 Immigration Act limited the door for eastern and focal Europeans, making western Europe the predominant wellspring of migrants (Margulies, 2017). These strategies formed the racial and ethnic profile of the American populace before 1945. Indications of progress started to happen amid and after World War II. The enrollment of impermanent horticultural specialists from Mexico prompted a convergence of Mexicans, and the nullification of Asian rejection laws opened the entryway for Asian migrants. Reacting to complex universal governmental issues amid the Cold War, the United States likewise detailed a progression of exile arrangements, conceding displaced people from Europe, the western side of the equator, and later Southeast Asia. The development of individuals to the United States expanded definitely after 1965 when migration change finished the national birthplaces standard framework. The mind-boggling and charming history of U.S. movement after 1945 accordingly exhibits how the United States identified with a quickly evolving world, its less prohibitive migration arrangements expanding the smoothness of the American populace, with a considerable effect on American personality and local approach. The most critical wellspring of U.S. movement since 1945 is Mexico. Mexico involves an interesting position in U.S. movement history because of its partisan and financial bonds with the United States and land vicinity of the two countries. A few Mexicans were long-lasting occupants of the southern and western districts of North America. In the 1848 Treaty of Guadalupe-Hidalgo finishing the Mexican-American War, the United States attached northern Mexico, making approximately fifty thousand Mexicans living in that locale American occupants. For quite a few years after the addition, occupants of the two countries crossed the outskirt every now and again to join their relatives and relatives; the almost two thousand miles of national fringe that isolates the southwestern states and Mexico made the intersection moderately simple (Derenne, 2017). Levels of popularity in southwestern states for low-wage work gave financial motivating forces to U.S.- bound movement. Around 1900, the United States started to enlist devastated provincial specialists from west-focal Mexican states. Enrollment increased after World War I. After the 1924 movement law limited the section of southern and eastern Europeans, in excess of six hundred thousand Mexicans landed in 1920. Be that as it may, amid the Great Depression, the administration ousted upwards of 453,000 Mexicans to decrease local joblessness weight.

Contrasted with these early endeavors, the enrollment of Mexican homestead specialists that started in World War II was bigger in scale and had an all the more enduring effect. Following the Pearl Harbor occurrence, serious deficiencies of residential work constrained the United States to look for work from its adjacent neighbor. Started in 1942 with the joint effort of the Mexican government, the Bracero Program masterminded the importation of youthful male Mexicans to the southwestern U.S. cultivates as visitors and specialist workers (some likewise contracted to deal with the railroad). These specialists entered on a brief migration status; their half-year visas were heaps of their managers. Somewhere in the range of 1942 and 1964, the same number of as 4.6 million Mexicans started working under the provided program, and numerous laborers reestablished their visas or entered the program on different occasions. By utilizing visitor and specialist workers, the Bracero Program empowered the U.S. government to take care of the issue of work deficiencies while keeping up authority over the movement. All things considered, the program improved a shared reliance between Mexican specialists and workers and American producers. To numerous Mexican laborers, occasional work in the United States turned into a monetary methodology, as little reserve funds from transitory business far from home gave a truly necessary budgetary enhancement. At the point when the interest for physical work in the United States surpassed the supply, Mexicans moved over the fringe in expanding numbers without documentation. A few braceros who were disappointed with the terms and states of their agreements additionally discovered work somewhere else. In 1954, the U.S. Outskirt Patrol propelled the "Operation Wetback" program to oust undocumented transients hugely, yet the quantity of undocumented Mexican specialists and workers expanded again after the Bracero Program finished. The Bracero Program enrolled just male laborers and expected them to leave in the wake of satisfying their agreements. A few females and kids crossed the outskirts without investigation and visas to live with their families; numerous females started living in bracero camps and worked close by male laborers in the fields. Residential work was another type of work for these migrant females. Specialists with families would, in general, remain in the United States longer. During the 1950s and mid-1960s, some bracero families increased lawful status to settle permanently. After the program finished in 1964, numerous previous braceros balanced their legitimate status and, in the end, picked up nationality. They assumed an essential job in the development of Mexican American populace.

Changes in U.S. migration approaches amid World War II and afterward, greatly affected the contemporary movement of individuals and asylum policies. A noteworthy move was the wellsprings of migration. In the initial three decades of the twentieth century, eighty percent of the about 28 million refugees started from Europe. Extraditions of Mexican workers and usage of Asian rejection constrained the development of migrants from the western side of the equator and Asia (Hatton, 2017). The number of migrants dropped essentially amid the Great Depression and World War II. In spite of the fact that Europeans kept on overwhelming the migration measurements in the initial two decades after the war, another example started to rise. During the 1950s over a portion of the all-out migrants originated from Europe, and most of them landed from western European nations. During the 1960s, be that as it may, workers from the western side of the equator would supplant those from Europe to turn into an overwhelming source.

Following quite a few years of rejection, the Asian American populace started to develop gradually in the after-war years. Most of the early settlers from Asian were male in the late nineteenth and mid-twentieth centuries. The nullification of avoidance laws, however with a little share for every nation, made it feasible for females and offspring to pick up affirmation outside the portion framework. After World War II, family-focused Asian American societies started to progress. The 1965 Immigration Act profoundly affected Asian migration. Out of the blue, Asian nations were put on a similar premise as European nations. The law expanded the share for every Asian nation more than hundred percent, making extensive scale migration from the landmass conceivable. The new law likewise opened the entryway for expert work, enabling Asians with word related capabilities to come. Though the 1965 Immigration Act opened the entryway wide to Asian movement, not all nations took the full portion designation. Most Asian nations did not have expansive populace base in the United States at the time. Among the five built up Asian American groups and societies— Indian, Filipino, Korean, Chinese, and Japanese, just three had the capacity to profit by the new law inside a moderately brief time. Filipino Americans led the pack. By at that point, there was a huge populace of Filipinos living in the United States. Political unsteadiness and financial issues in the Philippines were the significant impetuses for migration (Martin, 2015). The Korean worker populace in the United States was moderately little before 1945. After the Korean War, be that as it may, numerous Korean spouses of American servicemen picked up citizenship under the McCarran-Walter Act as wives of U.S. natives. Little packs of scholars and many students likewise picked up passage amid this period.

1967 Protocol

The Protocol was observed with endorsement by the Social and Economic Council in goals 1186 (XLI) of 18 November 1966 and was observed by the United Nations General Assembly in goals 2198 of December, 1966. In a similar resolution, the General Assembly mentioned the Secretary-General to transport the content of the Protocol to the nations referenced in article V, with the end goal of empowering them to agree to the Protocol. The Refugee Convention was enrolled in the fallout of World War II, which saw a large number of individuals dislodged crosswise over Europe. It connected just to individuals who had been uprooted because of occasions happening before 1 January 1951 (Boswell, 2017). While confirming (turning into a gathering to) the Convention, nations could confine its application considerably further, so it connected just to evacuees dislodged by occasions inside Europe before 1 January 1951. After 1951, new outcast circumstances emerged, and these newly displaced people did not fall inside the extent of the Refugee Convention. This security hole drove governments to make the 1967 Protocol, since they thought of it as 'attractive that equivalent status ought to be delighted in by all displaced people canvassed by definition in the Convention, regardless of the dateline of 1 January 1951' (Protocol Preamble). The 1951 Convention identifying with the Status of Refugees and its 1967 Protocol together are the most thorough instruments which have been embraced to date on an all-inclusive dimension to protect the central privileges of exiles and to manage their status in nations of haven. All things considered, they are essential to the universal routine of exile assurance. They help in guaranteeing that exiles are conceded essential compassionate treatment. They likewise encourage the activity of the security work by the United Nations High Commissioner for Refugees (Priebe, Giacco & El-Nagib, 2016). So as to boost adherence, they are cautiously surrounded to characterize least principles while in the meantime not forcing on States any commitments going past those which States could sensibly be relied upon to accept. There are right now 106 States that are following to either of these instruments.

The 1967 Protocol expelled the Refugee Convention's fleeting and geological confinements with the goal that the Convention connected generally. Article 1 of the Protocol says that nations that sanction it consent to submit to the Refugee Convention also – regardless of whether they are not involved with it. For example, the United States has not approved the Refugee Convention, but rather it has endorsed the 1967 Protocol. This implies it will undoubtedly apply the Convention's arrangements, which submit it to treating exiles as per universally perceived lawful and helpful models. These incorporate regarding the guideline of non-refoulement – that is, not sending exiles to a spot where they are in danger of mistreatment, or to a nation which may send them to such a spot, giving outcasts a lawful status, including rights, for example, access to business, instruction and standardized savings, and not rebuffing displaced people for entering 'unlawfully' – that is, without an international ID or visa. The impact of the Protocol implies that the Refugee Convention presently applies all around among those States which have embraced the Protocol. The main special cases are in Turkey, which explicitly keeps up the geological limitation, Madagascar, which keeps up the land confinement and has not embraced the Protocol and Saint Kitts and Nevis, which has not received the Protocol and has yet to accept it.

It is obvious from data accessible to UNHCR that by, and large usage of the Convention is very attractive. This is especially the situation where States parties have embraced explicit authoritative as well as regulatory measures to actualize the Convention and have guaranteed that these laws, guidelines or measures are known and comprehended by the concerned authorities. There are examples where such laws or measures go more distant than the base principles of the Convention and Protocol. As a rule, usage has been highly upgraded by the presentation of reasonable and quick techniques for the assurance of outcast status, while the legal executive in various nations has donated towards feasible usage through positive utilization of the arrangements of those instruments.

A basic motivation behind the 1951 Convention is to characterize the legitimate status of the displaced person in the domain of the Contracting Party. It contains complete arrangements on the commitments and privileges of outcasts in regions as different as a beneficial business, work enactment; the government managed savings, open help, and training. Indeed, even under typical conditions, any Contracting State can be required to confront some resistance in verifying the essential needs of a specific gathering of outsiders in connection to such issues, which are additionally of immediate and every day worry to its own residents.

The landing of expansive quantities of asylum searchers and the retention of a few or even every one of them as exiles, even on a transitory premise, can make genuine strains for host nations. This is especially the situation for more unfortunate networks where the capacity of the general population and the tendency of the legislature to bear the subsequent weight might be seriously lessened by financial challenges, unemployment and high risk of joblessness, declining expectations for everyday comforts, and deficiencies in lodging and land. Such issues are frequently aggravated by proceeding with man-made debacles, or catastrophic events, for example, dry spell, just as the unfavorable impacts of populace inundations on the earth and as of now rare regular assets (Pécoud, 2015). Definitely, there are pressures between universal commitments and national duties in such conditions, with the outcome, in various States, that need is concurred to nationals overall outsiders, including outcasts, in fields, for example, work, instruction or lodging. Genuine incongruities in dimensions of monetary and social advancement all through the world, combined with more prominent global or cross-country versatility, and local issues including joblessness and security-related issues have implied in like manner that the industrialized nations have turned out to be vigilant in controlling passage into their domain. Once more, universal obligations towards outcasts and national fringe control necessities are not in every case simple to fit.

United Nations Convention against Torture (UNCAT) is a universal human rights arrangement, under the survey of the United Nations, that means to anticipate torment and different demonstrations of coldblooded, barbaric, or corrupting treatment or discipline. The Convention expects states to take compelling measures to avoid torment in any domain under their purview and precludes states from transporting individuals to any nation where there is motivation to trust they will be tormented. The content of the Convention was received by the United Nations General Assembly on 10 December 1984 and, following approval by the twentieth state party, it came into power on 26 June 1987. 26 June is presently perceived as the International Day in Support of Victims of Torture, to pay tribute to the Pact. Since the tradition's entrance into power, the total forbiddance against torment and different demonstrations of pitiless, brutal, or debasing treatment or discipline has turned out to be acknowledged as a rule of standard universal law. As of June 2018, the Convention hosts 164 nation gatherings.

Torment is precluded by the 1948 Universal Declaration of Human Rights and by the 1966 International Covenant on Civil and Political Rights. Torment is additionally recorded as one of the wrongdoings that comprise a "grave break" of the 1949 Geneva Conventions on the treatment of casualties of war. Like subjugation, crucial opportunities, and numerous fair treatment concerns, torment was promptly recognized as a human rights issue that had a place in the essential human rights norms created after World War II (Russett, 2018). The Convention's meaning of "torment" does exclude all demonstrations of abuse causing mental or physical anguish, yet just those of a serious sort. As per the State Department's area by-segment examination of CAT incorporated into President Reagan's transmittal of the Convention to the Senate for its recommendation and assent, the Convention's meaning of torment was proposed to be deciphered in a "generally constrained style, relating to the regular comprehension of torment as an outrageous practice which is all around denounced. This comprehension of torment as a serious type of abuse is additionally clarified by CAT Article 16, which commits Convention gatherings to "avert in any region under locale different demonstrations of unfeeling, cruel, or corrupting treatment or discipline which don't add up to demonstrations of torment in this manner demonstrating that not all types of uncaring treatment comprise torment. All in all, Convention parties are committed to taking "powerful authoritative, regulatory, legal or different measures to avert demonstrations of torment in any domain under [their] locale. They are additionally illegal from removing, returning, or removing an individual to another State where there are "considerable grounds" for trusting that he would be in risk of being exposed to torment.

A focal goal of CAT is to condemn all occurrences of torment. Article 4 expects States to guarantee that all demonstrations of torment are criminal offenses, subject to fitting punishments because of their "severe nature." State parties are likewise required to apply comparative criminal punishments to endeavors to perpetrate, comply or any sort of cooperation in torment and torture. In like manner, it gives the idea that despite the fact that CAT expects States to take "viable measures" to avoid torment just inside their regional ward, this does not imply that States are consequently allowed to take part in torment in domains, not under their purview. In spite of the fact that a State probably will not be required to take practical actions to anticipate demonstrations of torment past its regional ward, it has a commitment to condemn such extraterritorial acts and force proper punishments (Gulati, 2017). Article 5 sets up at least jurisdictional estimates that each State party must take concerning offenses portrayed in CAT Article 4. In accordance with CAT Article 5, a State party must set upward over CAT Article 4 offenses when

The offenses are submitted in any domain under its purview, or on board, a ship or airship enrolled in that State.

The supposed guilty party is a citizen of that State

The injured individual was a national of that State if that State thinks of it as fitting

The supposed wrongdoer is available in any region under its purview, and the State does not remove him as per CAT Article 8, which makes torment an offense.

As of late, there has been some debate with respect to the use of CAT by the United States towards people caught in Iraq, Afghanistan, and somewhere else with regards to the "war on terrorism" and how that claim identifies with the measures owed under the 1949 Geneva Conventions concerning the securities of regular people and detainees of war amid furnished clashes. The standard of lex especially gives that when two distinctive lawful guidelines might be connected to a similar topic, the more explicit standard takes control and might make things go in the wrong the direction (Gammeltoft-Hansen & Tan, 2017). Notwithstanding whether CAT itself smears amid outfitted clashes, certain enactment established by the United States to actualize CAT necessities does. As referenced, the Federal Torture Statute condemns torment anyplace outside the United States, without respect to whether such direct happened with regards to an outfitted clash. In the 110th Congress, a few apportionment bills were established that banished assets made accessible from being utilized in repudiation of CAT and its actualizing enactment. In spite of the fact that U.S. courts and authoritative bodies have discovered that serious beatings, mangling, rape, the assault may establish "torment" for reasons for CAT, there is little U.S. law concerning whether cruel yet advanced cross-examination methods of lesser seriousness comprise "torment" under either CAT or the U.S. executing enactment. "Extreme" torment or enduring establishing torment isn't characterized by either CAT or the Federal Torture Statute. Albeit scarcely, U.S. courts have had the chance to address this issue, choices and sentiments issued by remote courts and global bodies may fill in as markers of a worldwide accord for the disallowance of certain cross-examination strategies. Expecting for the reasons for a talk that a U.S. body surveyed certain cross-examination and questioning techniques to evaluate whether they comprised "torment" for motivations behind CAT and household executing enactment, it should seriously think about taking a gander at law by non-U.S. bodies for direction, however such statute would not be authoritative upon U.S. courts. It ought to likewise be noticed that the U.S. military has additionally banished determined cross-examination procedures it has esteemed to ascend to the dimension of torment, and an exploring court may think about these denials too.

British Interrogation

In 1978, the European Court of Human Rights (ECHR) heard a body of evidence brought by Ireland against the United Kingdom concerning British strategies used to counter anarchist developments and associations in Northern Ireland amid the mid-1970s, and whether such strategies damaged the European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention). One issue that the ECHR was approached to determine was whether five cross-examination procedures recently utilized by British experts and endorsed by a high ranking British authorities damaged Article 3 of the European Convention, which gives that "nobody will be exposed to torment or too barbaric or debasing treatment or discipline." According to the ECHR, these five cross-examination methods, which were now and again utilized in the mix and different occasions separately, included:

Constraining the prisoners to stay for times of certain hours in a "stress position," portrayed by the individuals who experienced it as being "spreadeagled against the divider, with their fingers put high over the head against the divider, the legs spread separated and the feet back, making them remain on their toes with the heaviness of the body principally on the fingers

putting a dark or naval force hued sack over the prisoners' heads and, at any rate at first, keeping it there all the time aside from amid cross-examination.

Pending their cross-examinations, holding the prisoners in a room where there was constant noise and murmuring clamor

pending their cross-examinations, denying the prisoners of rest and sleep.

exposing the prisoners to a decreased eating regimen amid their stay at the middle and pending cross-examinations

An examination by the European Commission of Human Rights inferred that no physical damage came about because of the utilization of these strategies. However, certain prisoners endured weight loss and unfriendly impacts identifying with their "intense mental frameworks ... amid cross-examination".

The ECHR reasoned that the cross-examination systems utilized by Britain disregarded the European Convention's disallowance upon "cruel or corrupting treatment," however discovered that the cross-examination strategies did not comprise "torment."

The ECHR expressed that a refinement exists between barbaric or corrupting treatment and torment; a "qualification gets primarily from a distinction in the power of the enduring incurred." The ECHR presumed that while the five cross-examination procedures, in any event when utilized in the blend, were brutal or debasing treatment, "they didn't put forth enduring of the specific force and pitilessness inferred by the word torment as so comprehended." The ECHR did not offer a top to bottom investigation with respect to why these methods did not make adequate enduring establish torment, despite the fact that it ought to be noticed that it created the impression that barely any, of the people who were liable to the cross-examination strategies supported enduring, crippling physical or mental wounds (Danieli, Stamatopoulou & Dias, 2018). It noted, nonetheless, that its request required an assessment of "the considerable number of conditions of the case, for example, the term of the treatment, its physical or mental impacts and, now and again, the sex, age, and condition of the strength of the person in question." Therefore, it might be conceivable that in various conditions these cross-examination procedures may have been made a decision by the ECHR to ascend to the dimension of torment.

Israeli Interrogation

Starting in the late 1980s and closure in the late 1990s, certain Israeli security powers were approved to utilize cruel cross-examination and investigative methods against Palestinian security prisoners, including the utilization of "restrained physical weight." In its underlying report to the CAT Committee, Israel contended that the cross-examination and investigation procedures it utilized were as per universal law forbidding torment. It explicitly noticed the ECHR choice announcing that the cross-examination and investigation methods utilized by Britain in Northern Ireland amid the mid-1970s did not comprise torment (Keating, 2016). The board of trustees finished up, notwithstanding, that such strategies were "totally inadmissible" given Israel's commitments under CAT Articles 2 and 16.

In light of board worries about its cross-examination and investigation methods, Israel presented extra data concerning the idea of the cross-examination and investigation systems it utilized against security prisoners. As per the CAT Committee, these cross-examination and investigation methods included

Controlling in difficult and aching conditions.

Hooding under exceptional conditions.

Sounding of noisy music for delayed periods.

Lack of sleep for delayed periods.

Threats of life.

Fierce trembling.

In 1997, in the wake of looking at an extraordinary report by Israel talking about these strategies, the board of trustees presumed that the strategies portrayed abused Israel's commitments as involved with CAT, speaking to a rupture of CAT Article 16 and comprising torment as characterized by CAT Article 1.

The board of trustee's supposition recommends that a portion of the cross-examination and investigational procedures utilized by Israel may establish torment when utilized independently, despite the fact that the panel did not determine how specific strategies comprised torment. In spite of recognizing that Israel confronted a "horrible situation ... in managing militant psychological dangers to its security," the council noticed that CAT gives that no uncommon conditions grant State gatherings to take part in torment. As needs are, the board prescribed that Israel promptly stop its utilization of the cross-examination and investigation strategies depicted previously. The board of trustees is a warning body, and its decisions are not authoritative. Nonetheless, in 1999, the Israeli Supreme Court acting as the Israeli High Court of Justice disallowed the utilization of "merciless or cruel signifies" of interrogation, including five explicit cross-examination strategies at issue in the petitions before it.

Human Rights

On 10 December 1948, the General Assembly of the United Nations embraced and announced the Universal Declaration of Human Rights. The Assembly called upon all Member nations to announce the content of the Declaration and "to make it be spread, shown, read and explained mainly in schools and other instructive organizations, without refinement dependent on the political status of nations or domains." The Universal Declaration of Human Rights is the foundation for current human rights inside the structure of the United Nations.

The 1948 Universal Declaration of Human Rights is likely the most renowned human rights report and in the meantime is the foundation of global human rights security. Up until World War II, human rights and its security were only an issue for national constitutions and without a doubt, not very many inquiries were managed on at a worldwide dimension. The impacts of the war and dread of socialism anyway prompted a turnaround. Amid the war, the Allies clarified that they were happy to make conditions for all people to live in opportunity and free from any dread and lack (Moodie, 2018). Consequently, the UN Charter of 1945 contains the unmistakable request to the network of states to support the regard and acknowledgment of human and essential rights.

The 1948 Universal Declaration of Human Rights is likely the most renowned human rights report and in the meantime is the foundation that provides security to human rights globally. Up until World War II, human rights and its security were only an issue for national compositions and without a doubt, not very many inquiries were managed on at a worldwide dimension. The impacts of the war and dread of socialism anyway prompted a change. Amid the war, the Allies clarified that they were happy to make circumstances for all people to live in opportunity and free from any dread, lack and fear. Consequently, the UN Charter of 1945 contains the unmistakable request to the network of states to support the regard and acknowledgment of human and essential privileges.

The general clarification of human rights expresses that common, partisan and communal rights have a place with people so as to safeguard one's pride. The thirty articles of the Universal Declaration of Human Rights ensure insurance of the individual, of procedural law (case of viable, legitimate cure), established opportunity rights, for example, the opportunity of articulation, just as affordable, social and social rights. These rights ought to apply to all individuals independently of their race, sexual orientation and nationality, as all individuals are brought into the world free and equivalent.

The over-all clarification of human rights is definitely not a legitimately restricting record, anyway it has a political and good significance, and a large number of its certifications have today turned out to be standard desires. The UNDH was altogether vital regarding its substance and a benchmark for the foundation of restricting UN human rights Conventions since the 1950s

References

Gatrell, P. (2016). Refugees—What’s Wrong with History?. Journal of Refugee Studies, 30(2), 170-189.

Lucassen, L. (2018). Peeling an onion: the “refugee crisis” from a historical perspective. Ethnic and Racial Studies, 41(3), 383-410.

Rothman, D. J. (2017). The discovery of the asylum: Social order and disorder in the new republic. Routledge.

Mudu, P., & Chattopadhyay, S. (Eds.). (2016). Migration, squatting and radical autonomy: Resistance and destabilization of racist regulatory policies and B/ordering mechanisms. Routledge.

Ataiants, J., Cohen, C., Riley, A. H., Lieberman, J. T., Reidy, M. C., & Chilton, M. (2018). Unaccompanied children at the United States border, a human rights crisis that can be addressed with policy change. Journal of immigrant and minority health, 20(4), 1000-1010.

Boyd, M. (2018). Gender, refugee status, and permanent settlement. In Immigrant Women (pp. 103-124). Routledge.

Boswell, C. (2017). The ethics of refugee policy. Routledge.

Pécoud, A. (2015). Introducing International Migration Narratives. In Depoliticising Migration: Global Governance and International Migration Narratives (pp. 26-46). Palgrave Macmillan, London.

Gammeltoft-Hansen, T., & Tan, N. F. (2017). The end of the deterrence paradigm? Future directions for global refugee policy. Journal on Migration and Human Security, 5(1), 28-56.

Hatton, T. J. (2017). Refugees and asylum seekers, the crisis in Europe and the future of policy. Economic Policy, 32(91), 447-496.

Priebe, S., Giacco, D., & El-Nagib, R. (2016). Public health aspects of mental health among migrants and refugees: a review of the evidence on mental health care for refugees, asylum seekers and irregular migrants in the WHO European Region.

Danieli, Y., Stamatopoulou, E., & Dias, C. (2018). Interface Between Global and Regional Protection and Promotion of Human Rights: An African Perspective: M. Adam a D ieng. In The Universal Declaration of Human Rights (pp. 293-304). Routledge.

Moodie, C. (2018). Universal declaration of human rights and self-determination: Addressing incarceration rates of Aboriginal and Torres Strait Islander Women in the context of family violence. Bulletin (Law Society of South Australia), 40(11), 12.

Gulati, R. (2017). Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Martin, P. (2015). Immigration to the U nited S tates. The Wiley Blackwell Encyclopedia of Race, Ethnicity, and Nationalism, 1-10.

Margulies, P. (2017). The New Travel Ban: Undermining the Immigration and Nationality Act.

Derenne, J. (2017). Making America Safe Again: The Proper Interpretation of 1101 (A)(43)(S) of the Immigration and Nationality Act from Both a Chevron and a Public Policy Perspective. Cornell L. Rev., 103, 1049.

Wall, P. (2017). A New Link in the Chain: Could a Framework Convention for Refugee Responsibility Sharing Fulfil the Promise of the 1967 Protocol?. International Journal of Refugee Law, 29(2), 201-237.

Schabas, W. A. (2018). Prevention of crimes against humanity. Journal of International Criminal Justice, 16(4), 705-728.

Keating, V. C. (2016). The anti-torture norm and cooperation in the CIA black site programme. The International Journal of Human Rights, 20(7), 935-955.

Russett, B. M. (2018). No clear and present danger: a skeptical view of the United States entry into World War II. Routledge.

Subject: Law and International Law

Pages: 25 Words: 7500

U.S. V. Bailey, 444 U.S. 394

U.S. v. Bailey, 444 U.S. 394

[Name of the Writer]

[Name of the Institution]

U.S. v. Bailey, 444 U.S. 394

Name of the Case

U.S. v. Bailey, 444 U.S. 394 (1980)

United States v. Bailey, 444 U.S. 394, 100 S. Ct. 624, 62 L. Ed. 2d 575 (1980).

Facts of the Case

The defendant during the premise of this case seems to have crawled through a window and a bar and the intent was to escape the Federal prison. They were all eventually recaptured after they gathered in large numbers from month to about three months. The claims that was put forward by the defendants was that while they were in the prison, they were suited and exposed to bad conditions (United States v. Bailey, 1980). There were frequent fires in the jail as well as the eventual threat of a beatdown all the time (Law, 1990). The evidence suggested that other inmates and the guards were involved in such activities. They used to set fire to the trash and bedding as well as the throwing these objects into the cells blocks. The other thing that was quite common was that how frequently guards used to be beat defendants and threatened to kill them all the time (Law, 1990).

Legal Issues in the Case

The first thing that has to be seen with respect to the legal issues in this case is that what are some of the rules that seem to be applying over here. The main legal rule under which the whole case is supposed to be administered is as followed.

“Duress excuses criminal conduct where the actor was under an unlawful threat of imminent death or serious bodily injury, which threat caused the actor to engage in conduct violating the literal terms of the criminal law.”

The other major issue that has to be looked at during the course of this case is that how there is supposed to be sufficient evidence with regards to the way constitute duress for the submission to the jury is needed to be worked out at the given point of time (United States v. Bailey, 1980).

Court’s Decision

The holding of the case was determined on the fact that it was not reversed. One of the prime reasons due to which it was not reversed is due to the fact that how blue the line exists between the duress and the necessity in the given case (Law, 1990). The claim can be made that how the duress is supposed to be acting under the threat of the conditions any other person would been able to resist in the given point of time or if there is a reasonable belief on their part that how the criminal action was needed to make sure that the much more serious harm could have been avoided in the given case. It sought to be prevented from the statute by making sure that the clear definition of the offense has to be in place when the whole decision-making process is supposed to be carried out (Gordon, 1993). The law on the other hand dictates that how the choices that are undertaken by the defendant in this case are laid out. The main premise and the rationale for the reversal of the decision is based on the fact that if there was a reasonable alternative instead of breaking the law, then there was a need to make sure it should have been taken. The other thing that is very important during the course of the whole legal process is that how the effort must have been made to make sure that the avoidance of the threat of the harm could have been avoided at the given point of time. The argument can be made that how the case of the defendant has failed in the given duress (Gordon, 1993).

Rationale for the Decision

In this case, the escapee needs to make sure that they are offering evidence with regards to the way initial escape planned out and how the continued departure to the defines of the duress seems to have worked out. Even if the case can be made that the defendant had fled to make sure that they are avoiding the threat claims, the fact that their seems to have been continued absence on their part during the course of the duress and how the evidence has to be presented to make sure that they must be presenting the evidence of the custody (Gordon, 1993). The main reason that the custody has to be presented is due to the fact that how the initial element of the duress is eliminated during the course of the whole process and how it has subsided at the given point of time. So that critical aspect has to be taken care of all the time in terms of the way legal ruling was witnessed in this case (Gordon, 1993).

Dissention Opinion

The decision of the defendant to not return is not conclusive in its nature as well as their lack of ability to claim the duress or escape due to the necessity. The other thing that can be seen during the case is that how their eventual desire is witnessed to not to return to the same prison and endure the same conditions as they had been enduring earlier. It could have been part and parcel of their desire not to return to the same prison and endure the same atrocities that they previously endured. It is for the jury to decide their reasons for not returning.

References

Gordon, B. A. (1993). Criminal knowledge and the new Clean Air Act: Potential judicial constructions. Ariz. St. LJ, 25, 427.

Law, C. (1990). The General Part. BOOK I: THE THEORY OF CRIMINAL OFFENCES](2004/Arabic &.

United States v. Bailey, 444 U.S. 394, 100 S. Ct. 624, 62 L. Ed. 2d 575 (1980).

Subject: Law and International Law

Pages: 3 Words: 900

Understanding The Court System

Understanding the Court System

[Author’s name]

Understanding the Court System

Introduction

The core aim of the U.S. Court System is to provide necessary legal aid to the citizens at both federal and state-level courts. Legal domains in case of equal employment opportunities are one major concern under the prospect of the U.S. Constitution. There are examples of many legal cases that focus on the issue of equal employment level for all without any discrimination. It is worthy to consider one specific legal case to understand better the legal foundations in case of employment structures prevails in the country. Here, the specific legal case of McDonnell Douglas Corp. v. Green is selected to critically analyze different legal perspectives of this case to understand the complex legal system of the country better.

Discussion

The first step of the critical analysis of the case is to summarize the seminal facts of the case to figure out the overall legal position of this specific case. McDonnell Douglas Corp. and Green were the direct stakeholders involve in this legal case. Green, a Black individual who was the plaintiff of this case. He had been employed by McDonnell Douglas Corp. which recognized as the defendant in this particular case scenario. Historical domains of this case revealed that Green participated in a protest against the issue of racial discrimination. This particular step by Green ultimately causes the loss of job for him. Later, Green again applied for an open mechanic position in the same organization and was rejected by the management of McDonnell Douglas Corp. The organization of McDonnell Douglas was sued by Green with the allegation that the company refused to recruit him for the job position of mechanic due to the discriminatory aspect of the race and his involvement in the civil rights activities. It is crucial to mention that Green filed a legal case against McDonnell Corp. under the constitutional domain of employment rights for everyone.

Comprehensive consideration of this case revealed that the main legal form of Title VII of the Civil Rights Act, 1964 in the form of equal employment opportunities for all citizens have been violated. 703(a)(1) and 704(a) under the legal domain of Title VII of the Civil Rights Act are the main forms of laws involved in case of the considered legal case of McDonnell Douglas Corp. v. Green. Proper knowledge about the law of equal rights of employment applied in the country also guides to identify the penalties associated with this particular perspective. Possible forfeits in case of non-compliance can are observed in different forms according to the actual nature of the case. There is the possibility that workers may seek a jury trial with the consideration of the factor of compensation according to the seriousness of the issue and the size of the corporation.

It is vital to indicate that the particular case of McDonnell Douglas was closely linked with both the prospects of state and federal court system as initially it was heard by the district court. The role of the federal court system can also never ignore because the petition filed by Green eventually review by United States Supreme Court (Hedican, Hedican, & Hudson, 2003). Detailed understanding of the district court and the appeal court is essential to assess each aspect of this case of equal employment for every individual without any form of discrimination. Additionally, consideration of both the courts was essential because the decisions of both the courts of the district court and the court of review petition were different. The application of review by Green made it essential in the form of jurisdiction requirements to refer this case to the court of petition review.

Identification of the basic reasons is also vital that why it was necessary for the case to be heard in the district courts and the court of appeals. The critical involvement of the element of racial discrimination in employment eventually made this case as the complex legal paradigm. At the initial steps, the district court heard this case and only consider one angle of the case in the form of Green’s involvement in the form of illegal involvement of Green in the protest against the company. Later, the decision of district court challenged by Green in a court of Appeal. The legal approach of this platform was different as compared to the district court. The dismissal by district court reversed by the United States Court of Appeals. Furthermore, the involvement of the United States Supreme Court also needs to be considered because the organization of McDonnell Douglas filed a petition for evaluation in the highest court of the country. Deep understanding of different patterns of the judicial system of the country reveals that the involvement of different levels of the court system is essential because court decision was challenged by both the parties. Active involvement of different layers of the judicial system of the country eventually made it easy to examine the different aspects of the entire case.

Proper understanding of the entire case can never consider complete without the critical analysis of the actual outcome of the case. Assessment of the outcome provides the chance to evaluate the different aspects of the case on legal grounds. Detailed exploration of the outcome of the McDonnell Douglas Corp. v. Green’s legal case is also essential to identify the actual implications of the final verdict given by the United States Supreme Court. It is observed that the approach of equal employment opportunities for everyone is mainly acknowledged by the decision-makers in the form of the final outcome of this case (Sperino, 2013).

It is notable to mention that Percy Green involvement in the protest was the basic reason behind his dismissal from the McDonnell Douglas Corporation. McDonnell Douglas Corporation dismissed Green and advertised for qualified mechanics. Green decided to sue the McDonnell Douglas Corporation by applying a case in the district. His main arguments about his dismissal included his race and civil rights activism. Upon hearing in the district court, the charges of racial discrimination were dismissed against McDonnell Douglas Corporation. The district court held the decision of McDonnell Douglas Corporation not to rehire Green (Oppenheimer, 2002). It is notable to mention that the district court argued that the involvement in the illegal protest against any corporation is a serious crime. Based on these illegal demonstrations, Green was refused to rehire by McDonnell Douglas Corporation and all charges of racial discrimination were dismissed. The district court made it clear that his dismissal was not some sort of legitimate civil rights issues. His dismissal by McDonnell Douglas Corporation was completely based on his illegal protest against this corporation. After getting no positive response from the district court, Green decided to file his case in the US Supreme Court. It is notable to mention that the US Supreme Court thoroughly examine the entire scenario and concluded that illegal protests were not protected activities. The US Supreme Court held the decision by stating that McDonnell Douglas Corporation had the right to dismiss Green due to his involvement in illegal activities. However, the US Supreme Court remanded the case to reconsider the charges of racial discrimination against Green. After a thorough examination of the entire case and involvement of other individuals in the illegal protest, it was observed that Green became the victim of racial discrimination as his other white fellows who were involved in the same illegal protests were not dismissed from the office. Therefore, the US Supreme Court charged McDonnell Douglas Corporation with racial discrimination and ordered them to rehired Green in his previous position.

The analysis of the entire case can never rank complete without the evaluation of the actual justification of the case. The final verdict given by the supreme court of the country can consider establishing a better understanding of the entire case. The initial decision of the case differed from the final approach of equal employment rights considered by the jury members of the Supreme Court. Assessment of different prospects of the case eventually helps to accept that the final outcome of this case is justified under the domain of Title VII of the Civil Rights Act established in the country. This specific case is one good example to understand the perspective of diversity in the scenario of equal employment rights for everyone without considering their particular race.

Understanding of the entire case scenario revealed that the discharge of Green from the company is the result of the racial motivation by the management of the company. The active role of the Equal Employment Opportunity Commission (EEOC) also established in this specific case by assessing the factor of equal employment rights for all the citizens. At the original steps, it is established by EEOC that there is no evidence of the racial bias in the case of Green. Furthermore, the outcomes of this case are justified considering the importance of 704(a). Conclusion

In a nutshell, it is vital to mention that the particular case of McDonnell Douglas v. Green have a great impact for the society when it comes to the understanding of the approach of unbiased employment rights for all the workers. The verdict of the court ultimately helps to figure out that the legal perspective of the country provides the necessary support to the workers in case of concern of the racial problems.

References

Green v. McDonnell Douglas Corporation, 463 F.2d 337 (8th Cir. 1972).

Hedican, C. R., Hedican, J. M., & Hudson, M. (2003). McDonnell Douglas: Alive and Well. Drake L. Rev., 52, 383.

Oppenheimer, D. B. (2002). McDonnell Douglas Corp. v. Green Revisited: Why Non-Violent Civil Disobedience Should Be Protected from Retaliation by Title VII. Colum. Hum. Rts. L. Rev., 34, 635.

Sperino, S. F. (2013). Beyond McDonnell Douglas. Berkeley J. Emp. & Lab. L., 34, 257.

Subject: Law and International Law

Pages: 5 Words: 1500

Understanding Victimology And Related Theories

Understanding Victimology and Related Theories

Your Name

Institution

Victimization Theories

Two victimization theories which have been selected for this discussion are victim-blaming theory and routine activities approach. In victim-blaming theory, the victims are partly held responsible for misconduct. According to this theory, victims should be aware of the dangers that may have existed in society and should take necessary precautions against the danger CITATION NBG93 \l 1033 (NB Gray, 1993). A victim who does not take the necessary precautions to maintain a certain level of safety is seen as blameworthy. Victim blame theory is commonly used in cases of domestic abuse against women CITATION LKe96 \l 1033 (L Kelly, 1996). In the case of domestic or sexual abuse, the victim is asked why she had not left when there was a chance and why had she stayed in an abusive relationship. In victim-blaming theory, victims are seen as partially responsible for the actions of offenders CITATION NBG93 \l 1033 (NB Gray, 1993).

The second theory, the routine activities theory revolves around three parameters which are the absence of a capable guardian, suitable target, and potential offender. In routine activity theory, offender or criminal are assumed to be rational in making their decisions. According to the routine activity theory, it is assumed that the abuser is maybe under the influence of some person, drug, or condition. It is one of the most used theory in criminology. Like victim-blame theory, routine activity theory can also be used in domestic violence. According to the routine activity theory, crime occurs in the presence of an essential element which motivates the offender. The essential element can be the absence of capable guardianship or an easy attractive target. According to this definition of routine activities approach, it is similar to victim-blaming theory as the easy target can be victim which is partially held responsible for a crime in victim-blaming theory. In routine activity theory, a guardian can protect the victim of the crime. In victim-blame theory, precaution could have the potential to protect the victim of the crime. According to both theories, victims have the choice of putting themselves in a situation which may have prevented the crime. According to victim blame theory, the victim is asked why she had not left when there was a chance and why had she stayed in an abusive relationship. In victim blaming theory, victims are seen as partially responsible for the actions of offenders CITATION NBG93 \l 1033 (NB Gray, 1993). According to routine activities approach, the victim is asked why there was no necessary steps are taken for the prevention of the crime. Although in routine activity theory, the victim is not held responsible for the crime CITATION ERG07 \l 1033 (Groff, 2007).

In victim blame theory, the responsibility of a criminal incident is partially removed from the abuser by partially blaming the victim. In routine activity theory, the responsibility of crime is partially removed from the abuser by partially blaming the influence of some drug or some condition. In both theories, the complete responsibility of crime is not fully blamed on the abuser. Unlike victim blame theory, routine activity theory closely relates crime to the environment while diverting attention away from the abuser/ offender. Routine activity theory sees the offender who has the intention to do the crime but are not capable of doing it CITATION ERG07 \l 1033 (Groff, 2007). Similarly, in victim blame theory the offender is seen as a person who would not have committed a crime if he/she doesn’t have the opportunity CITATION BFM14 \l 1033 (BF Malle, 2014). In routine activity theory, the suitable target can be a vulnerable person, object, property, or an organization. The guardianship can be a person, a security step which may have avoided the crime. In victim blame theory, the victim is also blamed for the occurrence of crime. In the routine activity theory, the victim is not blamed for the occurrence of crime.

References

BIBLIOGRAPHY BF Malle, S. G. (2014). A theory of blame. Psychological Inquiry.

Groff, E. (2007). Simulation for theory testing and experimentation: An example using routine activity theory and street robbery. Journal of Quantitative Criminology.

L Kelly, S. B. (1996). Beyond victim or survivor: Sexual violence, identity and feminist theory and practice. Sexualizing the social.

NB Gray, G. P. (1993). Explaining rape victim blame: A test of attribution theory. Sociological Spectrum.

Subject: Law and International Law

Pages: 2 Words: 600

Uniform Crime Report (UCR) Performance Task

Title of Assignment

Name

Professor’s Name

Course Title

Date

Uniform Crime Report

Contents

Introduction................................................................................................................

Definition……..........................................................................................................

Data Gathering Strategy…………………………………………………………….

Why This Strategy………………………………………………………………….

The Crime Trends…………………………………………………………………..

Conclusion.................................................................................................................

Introduction

Crime is a violation of a law or laws set by the government, an institution or a specific community or a group of people. Laws are rules and regulations which society has recognized as the set guidelines in which every individual must adhere to the letter and which if broken has well-defined retributions. Most countries all over the world have well-defined laws, their level of seriousness and the specific punishments in case they are broken. In the informal social settings to have their own laws and regulations that are highly regarded and severe punishment is set in place for the lawbreakers. Crime has been in existence since the beginning of times and has gradually increased as the population increase and living standards keep on changing. Most crimes are the same as in the earlier year, but with the exception of modes of punishment and the emergence of a few new crimes that were not there before. An example is the cyber crimes that were not there before the invention of technology. There are various reasons why people engage in crime. Crime can be a result of low self-esteem, one's ability to control temptations, poverty, political and economic situations. There are formal and informal types of punishment for lawbreakers. These include imprisonment, community service, incapacitation or even death. The informal forms of punishment for crime include shaming, disapproving, critisim, and sarcasm. The form of punishment varies from the magnitude of the crime, a serious crime attracts a higher penalty while a less serious crime is punished with less severe methods, Age also determines the severity of punishment. There are punishments for minors and those for adults and they are all different. The location of the crime also is a major determinant for the mode of punishment, for instance, some countries would sentence a perpetrator a death sentence and another country a probation penalty for the same crime. Some communities, for instance, have no set rules that distinguish serious offenses from less serious offenses and hence punishment is the same for both. In some countries, however, there are clear guidelines differentiating serious offenses from the least offenses and their specific punishments.

The Uniform Crime Report is a nationwide crime statistical program which is dated back on July 26, 1908. It was formed by the International Association of Chiefs of police. The program collects and classifies all the crimes happenings in the United States, colleges, tribes, and all law enforcement agencies in order of similarity and type of crimes. This project is done annually and is officially published by the Federal Bureau of Investigation. The law enforcement agencies in the entire United States are the source of the data of the various crimes recorded in the Uniform Crime Report. This data collection process is nationwide and is voluntary. Uniform Crime Report collects data on crimes such as burglary, forcible rape, murder, robbery, larceny-theft, arson, manslaughter, aggravated assault, and motor vehicle theft. The main objective of this crime data collection is to provide law enforcement with statistical guidelines for law enforcement, management, and operations. With the help of UCR data analyses, law enforcement agencies are able to identify criminal activities in a certain area, plan, and budget for crimes curbing operations and help solve the various crimes at various levels. On the other hand institutions such as psychological and sociological departments use this data for research on the level of crime in society and predict human behavior and also come up with ways to control crimes.

The data gathering strategy that I chose for my report is the document review. Document review strategy involves the collection of raw data which is done through either observation or interviews, organization of the data, and interpretation of the collected data. In this case document review is the most appropriate because the report is dealing with data that has already been collected and organized in terms of types of crimes, the number of crimes for each category and the year the crimes were committed. Towns Happy, Frown, Cool and Smooth crime rate data for the last five years between 2010 and 2015 has already been compiled. Therefore, it is easier to use the already collected data and use it for my analysis and interpretation of crime trends in the four towns

From the crime data provided for towns Cool, Frown, Smooth and Happy in a period between 2010 and 2015, one can draw conclusions that Happy has the highest crime rate seconded by Smooth town. Cool and frown have the same crime rate which makes them third. Latency theft is the highest crime recorded across the four towns. Murder and nonviolent manslaughter are the lowest forms of crime committed across the four towns. In the period of 5 years, crime overall has increased. The increase of crime in these four towns could be a result of poor governance, decrease in security, increased vices in the society or increased poverty which drives individuals to crime as an alternative to making ends meet.

In conclusion, the UCR strategy of keeping records of crimes across the states is vital to understanding criminal activities, its trends and identifying the most vulnerable areas to crimes. With the right interpretation, these records can be relevant for the planning and implementation of law enforcement policies. These policies can be used to minimize crimes, help for preparations in case of catastrophic crimes such as mass shootings and bombings. Also with the help of well-interpreted crime data the law enforcement is able to estimate the number of criminals and get to set enough resources for their rehabilitation. For instance, build enough prisons with adequate rehabilitation pieces of equipment. The data can also be used by the social humanities department to predict and analyze human behavior. For instance, it provides data for psychologists to have a basis for their research on human behavior and as a result, get to understand the psychological root causes of criminal behavior and it is in discovering the root cause of a problem, a solution is deduced. However, UCR just like any other data analysis system has its own challenges. For instance, in the case where it is not possible to quantify crime for sure. Some crimes go undiscovered, some even after being reported are not recorded and some crimes are not well defined and therefore the victims are not even aware of being a victim. This poses a problem of insufficient data which therefore brings in the challenge of reliable conclusions.

Nevertheless, crime is a social vice, which, if not controlled can lead to social disharmony, disruption of peace, psychological problems due to fear that comes with the realization of present crimes, low quality of life or even death. Therefore the UCR report is very vital as it provides information that, when properly interpreted can be used to minimize and controlling crimes in our country.

Subject: Law and International Law

Pages: 4 Words: 1200

Unit Title Employment Law And Practice LM7012M - 02

Introduction

Sri Lanka has achieved significant progress over the past years in eliminating child labor from the country despite not following the International Labor Organization’s Conventions concerning the minimum age for working children and worst form of child labor. The percentage of working children of 5 to 17 years of age has fallen from 12.9-percent to 2.3-percent between 2008 and 2016 (statistics.gov.ik, 2017). As at 2016, an estimated 44,000 children engage in child labor in Sri Lanka (statistics.gov.ik, 2017).

However, these children deserve due attention in order to live their childhood as easy as possible. Through the adoption of policies concerning the areas of child labor, human rights, basic education, and poverty reduction, political commitment can be said to have played its role in the progress of Sri Lanka today. Primarily, the countrywide education plan has enabled the government to create a new generation of parents that is more inclined to education and maintain a low tendency of sending their children to work from an early age.

This report critically examines the issue of child labor in Sri Lanka by comparing practice of ILO Conventions on minimum age for workers and worst forms of child labor in the country with its labor laws such as the National Policy on Elimination of Child Labor in Sri Lanka. In this regard, the report first defines and elaborates on the concepts of child labor and worst forms of child labor, explains the situation of child laborers around the globe, provides details on ILO Conventions on minimum age for workers and worst forms of child labor, compares and contrasts the situation of child labor in Romania and Turkey with that of Sri Lanka. In the end, this report suggests a few policy implications for the country to improve the current situation of child labor.

Child Labor

Child labor includes all kinds of works performed by children under the age prescribed the International Labor Organization. Worst forms of child labor include pornography, prostitution, debt bondage, slavery, use of children in drug trafficking and other illicit activities, forced recruitment of children in armed conflicts, all other works dangerous or hazardous to the morals, safety or health of boys and girls aged less than eighteen years old.

Situation of Child Laborers

International Labor Organization has recently estimated that

Around the globe child labor remains concentrated in agriculture (71-percent), which comprises both of commercial and subsistence farming and includes aquaculture, livestock herding, forestry, and fishing (ilo.org, 2017). The remaining child labor remains concentrated in the services sector (17-percent) and industrial sector (11-percent) (ilo.org, 2017).

58-percent of all children in child labor are boys whereas 62-percent of them work in hazardous conditions (ilo.org, 2017). Although boys appear to be at a greater risk of the consequences of child labor around the globe it might also indicate an under reporting of the female child labors (ilo.org, 2017).

A total of 152 million children work in child labor (ilo.org, 2017). Out of them, 64 million are girls whereas 88 million are boys (ilo.org, 2017).

Half of the 152 million children belong to the age group of 5 to 11 years (ilo.org, 2017). Children in the age 15 to 17 years are more likely to be exposed to hazardous work conditions (ilo.org, 2017). However, 19 million of the total child labor workforces are under the age of 12 years (ilo.org, 2017).

Every 1 in 5 children in Africa is a child labor, 1 in 35 children in Arab States, 1 in 25 in Europe and Central Asia, 1 in 19 in Americas, and 1 in 14 in Asia and the Pacific region (ilo.org, 2017).

International Labor Organization on Child Labor

A large number of countries have come forward to join hands in the fight against child labor. A majority of these countries have adopted legislation prohibiting child labor or placing severe restriction on recruitment of children for work. Most of these efforts are guided and stipulated by the International Labor Organization. However, child labor continues to exist, despite all these efforts, particularly in the developing countries. If the progress is apparently non-existent or has been slow, it is because child labor is a highly complex issue. Therefore, a stroke of pen cannot make it disappear.

International Labor Organization is the only tripartite U.N. agency that successfully brings workers, employers, and governments of its 187 member states. The organization has developed and maintained a system of international labor standards since 1919. With the passage of time, the organization has transformed the standards into a comprehensive system of instruments on social policy and work. A supervisory system addressing all types of problems in implementation of these instruments at national levels supports this comprehensive system.

Nevertheless, the International Labor Organization provides the basis of concerted and determined actions through legislature. It sets out complete elimination of child labor as the goal of the policy. It also puts measures in place to achieve this goal. As a matter of priority, it explicitly identifies and prohibits under-age recruitment of children for work and the worst forms of child labor.

ILO Convention No. 138

This Convention discusses the minimum age for a child to be legally employed. International Labor Organization believes in its mandate that the most effective manner of avoiding child labor is that children do not start working too early. This condition can be met by setting the age by which the children can legally be recruited or otherwise work. ILO Convention No. 138 sets the minimum age for a child to enter in employment. 116 countries have ratified the Convention. The main principles of the Convention are as under:

Minimum Age to Start Working

Possible Exceptions Enjoyed by Developing Countries

Light Work: Children in age of 13 and 15 years are allowed to do light forms of work, i.e., the work must not be hindering their vocational and educational training and orientation, and not threatening their health and safety.

13 years to 15 years

12 years to 14 years

Basic Minimum Age: The minimum age of working must be equal or more than the age of finishing schooling, and in any case, it must not be less than 15 years of age.

15 years

14 years

Hazardous Work: No child should be allowed to engage in any kind of work that jeopardizes the moral, mental or physical health, safety or morals unless the child reaches the age of 18 years old.

18 years

(16 years is allowed under strict conditions)

18 years

(16 years is allowed under strict conditions)

ILO Convention No. 182

This Convention discusses the worst forms of child labor. International Labor Organization conducted an extensive research on the topic due to its position as a problem of immense global population. Following its research, the organization reached to the conclusion that strengthening its existing Conventions is a need of hour. The worst forms of child labor include pornography, prostitution, debt bondage, slavery, use of children in drug trafficking and other illicit activities, forced recruitment of children in armed conflicts, all other works dangerous or hazardous to the morals, safety or health of boys and girls aged less than eighteen years old. 117 countries have ratified the Convention.

Both of these Conventions have been ratified by a large number of countries. However, both are fundamental conventions, i.e., under the ILO Declaration even if the member states do not ratify them, they must respect, promote and realize the principles.

Romania and Child Labor

Romania has been a member state of International Labor Organization from 1919 to 1942 and 1956 to present. It has ratified 56 Conventions of the organization. Out of these 56 Conventions, 50 are in force in the country right now including the eight fundamental Conventions. The country has since been working on main areas emphasizing supporting sustainable social security system and pension reform, labor dispute settlement, labor laws, collective bargaining and their institutions, strengthening social dialogue, and eliminating worst form of child labor.

In the years 2002 to 2012, the child labor in the country remained at only 0.9-percent, out of which 0.7-percent comprised of the female children whereas 1.2-percent belonged to the male children. In the year 2004, more than 1-percent children in the country engaged in worst type of child labor, i.e., prostitution, stealing, drug dealing, bugging, or fell victim to child trafficking. Romania has also joined the ILO International Program on the Elimination of Child Labor in 2001. This program works on enhancing the capacity of the Ministry of Education and Research to increasing the performance rates, retention and attendance of ex-working children with the purpose of preventing and eliminating rural child labor.

Turkey and Child Labor

Turkey has been a member state of International Labor Organization since 1932. It has ratified 59 Conventions of the organization. Out of these 59 Conventions, 55 are in force in the country right now including the eight fundamental Conventions. Among its domestic laws on labor, child protection measures are provided in Labor Act No. 4857, which regulates provisions on work safety, working hours, and minimum employment age of children. As per this Act, the minimum age of child workers in the country is 14 years. Children in the age group of 14 years to 18 years are classified as young workers.

Sri Lanka and Child Labor

In the recent decades, Sri Lanka has made substantial improvements in the child labor arena. The change can be witnessed in the current trends in child labor, working children, and children in hazardous work conditions. The country has observed a major decline in the population of working children by 2016, relative to 1999 (statistics.gov.ik, 2017). A similar decline is also observable in hazardous form of child labor (statistics.gov.ik, 2017). Yet, the challenges exist. In 2016, 2.3-percent of the children were working children whereas 1-percent worked as child labor (statistics.gov.ik, 2017). Overall, 59-percent of the children work as contributing family members in the country (statistics.gov.ik, 2017).

Contradiction in Sri Lankan Laws on Labor and ILO Conventions

Despite being a member state of the International Labor Organization who has ratified both Conventions Nos. 138 and 182, Sri Lankan rules and regulations concerning labor are different from that of the organization. As per the Convention No. 138, children in age of 13 and 15 years are allowed to do light forms of work, i.e., the work must not be hindering their vocational and educational training and orientation, and not threatening their health and safety. The age of getting employed in Sri Lanka is 16 years, i.e., after completion of compulsory schooling (labourmin.gov.ik, 2017). However, children in the age group of 5 to 11 years can also engage in work activities (statistics.gov.ik, 2017). Although they can only work if certain conditions are met, i.e., they work as a contributing family member for less then 5 hours a week in a non-hazardous, non-agricultural zone and less than 15 hours per week in a non-hazardous agricultural area as a contributing family member (statistics.gov.ik, 2017), the rule is in clear contrast with the ILO standards provided in the Conventions.

Moreover, children in Sri Lanka engage in labor-intensive tasks such as manufacturing, construction, etc. (statistics.gov.ik, 2017). As per the Convention No. 182, the worst forms of child labor include pornography, prostitution, debt bondage, slavery, use of children in drug trafficking and other illicit activities, forced recruitment of children in armed conflicts, all other works dangerous or hazardous to the morals, safety or health of boys and girls aged less than eighteen years old are prohibited. Still, children as contributing family members keep playing a key role in various sectors of the country everyday.

Due to the differences in the rules and regulations, under-age children in Sri Lanka engage in hazardous work. The geographical dispersion of children employed, one way or another, in Sri Lanka concentrates on the rural areas (statistics.gov.ik, 2017). Primarily, 85-percent of the working children reside in these areas (statistics.gov.ik, 2017). Majority of the children work in the services sector (statistics.gov.ik, 2017). However, child labor cases have been reported in the hazardous, industrial sectors of the country as well (statistics.gov.ik, 2017). Overall, 12.5-percent children work in crafts, 14.5-percent work in plant and machine operators and assemblers, 23.0-percent in services and sales, 43.8-percent in elementary occupation, and 6.1-percent in other works (statistics.gov.ik, 2017). The majority of children exist in the elementary occupation whereas many of them involve in labor-intensive tasks such as manufacturing, construction, etc. (statistics.gov.ik, 2017).

Recommended Policy Implications

In the light of the data and information provided in the previous sections, this report makes the following recommended policy implications to Sri Lanka for the purpose of preventing and eliminating rural child labor:

Almost 36-percent of children work in unsafe work conditions in Sri Lanka (labourmin.gov.ik, 2017). Their school attendance is shortened due to injury and illness at workplace. The child workers are not allowed to join unions until the age of 16 years despite the fact that the legal age of workers is 14 years in the country (labourmin.gov.ik, 2017). Therefore, working conditions must be improved.

Although boys appear to be at a greater risk of the consequences of child labor around the globe it might also indicate an under reporting of the female child labors (ilo.org, 2017). However, more boys engage in hazardous form of child labor, child labor, and economic activities. Also, boys are more likely to have low levels of education. Therefore, gender-sensitive policies must be developed and implemented.

As per the ILO Convention No. 138, the minimum age of working must be equal or more than the age of finishing schooling, and in any case, it must not be less than 15 years of age. Sri Lanka ratified this Convention. Still, a large number of children engage in work at an early age under the umbrella of contributing family member. For this reason, the school enrolment rate of working children is much lower than the children not working. The country needs to work on spreading awareness regarding importance of education.

The countrywide education plan has enabled the government to create a new generation of parents that is more inclined to education and maintain a low tendency of sending their children to work from an early age. Sri Lanka must continue with such parental engagements.

For these reasons, the employers, trade unions, and government need to work together to address this issue while maintaining their prime focus on reframing the current policy framework and improving work conditions to better address the needs of the working children.

Bibliography

Ilo.org. (2017). Global estimates of child labour: Results and trends, 2012-2016. [online] Available at: https://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/documents/publication/wcms_575499.pdf [Accessed 11 Mar. 2019].

Labourmin.gov.lk. (2017). The National Policy on Elimination of Child Labour in Sri Lanka. [online] Available at: https://www.labourmin.gov.lk/web/images/News/ChildLabour/1.pdf [Accessed 11 Mar. 2019].

Statistics.gov.lk. (2017). CHILD ACTIVITY SURVEY 2016. [online] Available at: http://www.statistics.gov.lk/samplesurvey/Child%20Activity%20%20Survey%202016.pdf [Accessed 11 Mar. 2019].

Subject: Law and International Law

Pages: 8 Words: 2400

Victim Legislation And Social Policies

Victim Legislation and Social Policies

[Name of the Writer]

[Name of the Institution]

Victim Legislation and Social Policies

Victim’s advocacy programs are aimed to help victims of criminal acts with the criminal justice system (Aaron & Beaulaurier, 2017). Over the years, many victim’s advocacy programs have been developed that enable victims to pass through the processes of the criminal justice system with little difficulty. The victim's advocacy programs that are under discussion in this paper are the Victim Assistance Program and the National Organization for Victim Assistance.

Victim Assistance Program (VAP)

The Victim Assistance Program was developed in 1972 following a lack of support for victims of crimes (Victim Assistance Program, 2019). VAP has the vision to heal all the victims of crimes that are suffering in the country. VAP aims to enable communities to integrate and incorporate victims of crimes easily (Victim Assistance Program, 2019). There are multiple services offered under VAP. To begin with, VAP offers around the clock crisis intervention. The crisis intervention services are both individual and collective. Moreover, VAP provides on-scene assistance to assist victims with their reservations and concerns. Another service offered under VAP is advocacy. There are three kinds of advocacies offered. First one is personal advocacy that aims to enable victims to make a thoughtful decision regarding their physical and emotional well-being. The second one is court advocacy which provides victims with all the necessary support and means throughout their journey within the criminal justice system. The last one is victim rights advocacy which educates victims about their rights.

VAP is by far an effective victim's advocacy program because it provides 24-hour assistance and crisis intervention to the victims. Another reason is that VAP educates victims about their rights.

VAP caters to the needs of almost all the victims. However, victims of domestic violence would benefit the most from it. This is because of the round the clock crisis intervention facility that helps victims to seek help at any point of the day.

Although VAP is a comprehensive program, it would be better if it could address the needs of the victims of mass casualties.

Media certainly plays a vital role in addressing the needs of the victims of crime. Media positively affect the needs because it provides awareness to the victims regarding their rights.

National Organization for Victim Assistance (NOVA)

NOVA takes pride in offering services in the form of crisis response to the victims of different crimes. The most significant aspect that makes NOVA stand out from the rest of the victim's advocacy programs is that it provides services to the victims of mass casualties and natural disasters. NOVA was created in the year 1975 (NOVA, 2019). Nova helps victims to develop a normal reaction to an abnormal situation. Crisis response is central in achieving objectives that are laid down in the manifesto of NOVA. Furthermore, NOVA trains responders according to the needs of the victims. The responders that are trained under the NOVA program are skilled to assist with a broad range of victims. The NOVA teams that respond to crisis provide victims with relevant education and emotional first aid intended to enable the victim to be better prepared in coping with detrimental implications of the crime in the future.

NOVA is effective because it not only assists victims of regular crimes but also to the victims of mass casualties and natural disasters.

Victims of all type of crimes would benefit from NOVA. However, the victims of mass casualties would benefit the most. That is because they need compassionate and emotional aid and NOVA first responders have trained accordingly.

NOVA is an important program that caters to the needs of almost all the victims of crimes. There is not much that could be changed in NOVA.

Media certainly plays a vital role in addressing the needs of the victims of crime. Media positively affect the needs of the victims because it provides awareness to the victims regarding their rights.

References

Aaron, S. M., & Beaulaurier, R. L. (2017). The need for new emphasis on batterers intervention programs. Trauma, Violence, & Abuse, 18(4), 425-432.

Victim Assistance Program - From hardship to healing. (2019). Victim Assistance Program. Retrieved 19 August 2019, from https://victimassistanceprogram.org/

NOVA: Home. (2019). Trynova.org. Retrieved 19 August 2019, from https://www.trynova.org/

Subject: Law and International Law

Pages: 2 Words: 600

Victims And The Legal System

Victims and the Legal System

[Name of the Writer]

[Name of the Institution]

Victims and the Legal System

The course of Victimology has helped acquaint me to a range of different topics. I have learned about the history of victimology in the United States. Furthermore, victimology theories have offered me theoretical insight into the course. Moreover, the course of Victimology enabled me to learn about the types of victims of crimes (Fattah, 2016). Additionally, I came across contemporary issues and challenges in Victimology. Moreover, I have learned about the victims' arduous journey through the legal system. The journey of a victim through the criminal justice enlightened me with the need for advocacy of rights of the victims (Fattah, 2016). Furthermore, I have learned about the rights a victim has following the crime that made them the victim. The structure and working of criminal courts and justice system are imperative for anyone to fully understand their role in the provision of justice in the country (Cole, Smith & DeJong, 2018). This course has provided me insight into the working of the criminal courts in the provision of justice. These are the topics that have intrigued me the most throughout the course. The topics and concepts learned in Victimology would be beneficial not only in the short term, but also in the long term as well.

Discussion plays an important role in developing one's understanding of the topic stronger. To participate in the discussions, I spent a lot of time reading the book, so that I become familiar with a specific topic. By participating in the class discussions, I gained a lot of confidence in public speaking. Furthermore, participation in the class discussion provided me with multiple perspectives on a single topic. These multiple perspectives were put forward by my classmates. Moreover, during the discussion, I tried to argue with my classmates logically based on facts. Taking into account the experiences mentioned above, it can be concluded that I have learned a lot from discussions in the class. To come prepared for discussions required a comprehensive reading of the topic before coming to class. This helped me gain useful knowledge about the topic that was about to be discussed in the class. It also helped me during the discussion as I understood the topics quite easily. By effectively communicating my ideas and points to my classmates increased my confidence significantly. The discussions were quite comprehensive and covered almost all the aspects of the topic under discussion. Therefore, there is little that needs to be clarified about any particular topic.

Although the course is developed comprehensively and there is little to be learned, there are certain approaches that could have resulted in furnishing additional valuable information. For instance, if each student was tasked with reviewing three articles from the last five years regarding the challenges and issues in victimology, it would have been provided an insight into the recent developments in the domain of victimology. Another approach that could have helped provide students with the first-hand experience of the scourge of the victims was to setup interactive sessions with the victims themselves (Kirchengast, 2016). In the sessions, the victims would share their experiences with the criminal justice system. Students would not have only become familiar with the issues the victims face, there exist strong chances of them becoming ardent advocates of their rights (Kirchengast, 2016).

References

Cole, G. F., Smith, C. E., & DeJong, C. (2018). The American system of criminal justice. Cengage Learning.

Fattah, E. A. (Ed.). (2016). Towards a critical victimology. Springer.

Kirchengast, T. (2016). Victims and the criminal trial. Springer.

Subject: Law and International Law

Pages: 2 Words: 600

Victoria Jones Vs Miami Beach University

Title page

Victoria Jones vs. Miami Beach University

Background

Victoria Jones, a freshman undergraduate at Miami Beach University attended a party at Beta Tau Sigma (BTS) fraternity house. Victoria attended a late night party She filed suit against Randy for sexual assault and Miami Beach University based upon negligence. The defender (Miami Beach University) rejects the claims by stating that it is not the responsibility of university to protect students on BTS parties. The investigations revealed that three sexual assaults occurred at BTS but no legal action was taken against Miami Beach University. This caused Victoria to appeal against Miami Beach University again.

Negligence

The plaintiff (Victoria) claims that Miami Beach University remained negligent to the BTS parties that provided opportunities of sexual assault to many. Stanton v. University of Maine (2001) case reveals that the plaintiff must establish claims on the basis of elements; “a duty owed, a breach of that duty, and an injury to the plaintiff that is proximately caused by a breach of that duty” CITATION Jut01 \l 1033 (Jutice, 2001). The analysis of the Victoria’s scenario depicts that the University was not responsible for the sexual assault.

Jay v. Walla Walla College (1959) states that the college owed to the plaintiff because it failed to take reasonable measures that caused loss to the plaintiff. The case is not applicable in Victoria’s scenario because Miami Beach University was unaware of the sexual assaults at BTS. Victoria herself accepted the offer of Randy so the case cannot be used for justifying her claims. She willingly accepted his offer of sobering which reflects her responsibility of seeing the dangers.

Schultz, 332 A. 2d sates that “the law of Maine is that the owner of premises owes a legal duty to his business invitees to protect them from those dangers reasonably to be foreseen” CITATION Jut01 \l 1033 (Jutice, 2001). This indicates that Miami University was unable to see the dangers of the BTS parties. The law stated that sexual assaults can occur in dormitory rooms or college campuses so the college must be able to adopt adequate security measures. However in Victoria’s case the danger was not foreseeable. The absence of foreseeability in Victoria’s case can be used for defending Miami University CITATION aku18 \l 1033 (Szumelda, 2018).

It is difficult for Victoria to prove the foreseeability of Miami University. This will make her more responsible for her situation than the institute. Victoria herself was able to foresee the dangers of accepting Randy’s offer. The analysis reveals that Miami University is not responsible for the sexual assault of Victoria.

Implied contract

Miami University can also use implied contract for defending the case against Victoria. This reflects that University has not entered into the contract with the parents or Victoria about providing help against sexual assault. The contract “refers to that class of obligations which arises from mutual agreement and intent to promise”. This indicates that the university never promised to offer help against any such incidents. This indicates that the university is not at fault.

Summary

Miami Beach University must not be liable for negligence because the Victoria was responsible for her actions. Victoria herself accepted the party invitation and offer of Randy. This makes her responsible for her assault because the danger was foreseeable. On contract the Miami University was unaware of the party and it is difficult for Victoria to prove that the university’s foreseeability. Implied contract also acts in factor of Miami University because it explains that the university has not entered into any written or verbal agreement on protecting Victoria.

References

Jutice. (2001). Dolores STANTON et al. v. UNIVERSITY OF MAINE SYSTEM. .

Szumelda, a. (2018). Palm Beach Case. Retrieved 07 24, 2019, from https://palmbeachstate-mtis.mediaspace.kaltura.com/media/12-7-18+Zoom+Upload/1_abjzyt0l/70179911

Subject: Law and International Law

Pages: 2 Words: 600

WEEK 2 DISCUSSION

Legal Discussion

[Name of the Writer]

[Name of the Institution]

Legal Discussion

Scenario 1

It has to be noted that whenever any work is needed to be carried out, the key thing that ha to be done is to make sure that the determination of the fitness certificate and other documents is needed to be done in an appropriate manner (Roe, 2017). The idea behind the whole thing must be to make sure that whether the equipment that is being used during the course of the whole process would be fit for the job. Now, in this case, Brett has recommended a solution, but the final decision in this case is needed to be made by Michael. Brett is not supposed to be the part of the contractual obligations and it is not his responsibility to make sure that he takes care of these things in the due process (Roe, 2017). Thus, it is very important to make sure that there has to be clarity in a sense that how this whole thing has rolled out at the given point of time. It was later on learned by Michael that the equipment that was needed to be used for this uplifting job needed to have the strength and the core to carry out this job. Thus, no liability can be claimed in this case.

Scenario 2

One of the first thing that is needed to be kept in mind with regards to this case is that the appointment of the accountant, Blanchard was being done by Memphis CEO Walker himself. So, it was on their part that they should have made sure that the accountant that is brought on board should have not made these mistakes and there was no conflict of interest in that part. That was not made possible during the course of the whole process. So, this is where the falls goes to Walker instead of the Go Carts

On the other hand, the serious implications are going to be there for the Blanchard on two accounts. The first thing that he has done is that he has gone against the financial conventions and thus compromised the accounting ethics during the course of the whole process. At the same time, the broader implications with regards to this case is that how accounting ethics and conventions are being compromised during the course of the whole process. So, all these aspects are needed to be kept in mind. In the hindsight, though, the accountant Blanchard is the one that should be indicted in the given case (Grossman & Hart, 2016).

Discussion Posts

The first thing that is needed to be noted about UCC is that how it is supposed to work in the manner that the large body of the regulations are there that are supposed to make sure that the business transactions are being governed at the given point of time. Most of the times, the UCC is supposed to make sure that the only transactions that are being dealt with are the ones that falling under the jurisdiction of the personal property. What it means that there is not much provision when it comes to the way whole thing is going to work in terms of the way personal property. Now what it means that the transportation business that are running on the leased vehicles are not going to be falling under the given jurisdiction (Grossman & Hart, 2016). The ideal thing that is needed to be kept in mind here is that how the underlying effort is needed to be made in terms of better understanding that is needed to be developed with regards to the application of the Uniform Commercial Code specially when it comes to the way treatment of the hired vehicles is supposedly carried out.

When one talks about the international shipping conventions, one of the things that can stand out is that how the shipment treated is supposed to be meted out. The free on-board shipment is the shipping point treatment. What it constitutes is that how title and the responsibility of the good and its subsequent transfer is going to be taken by care by the seller. Furthermore, it is about how the responsibility transfer from the seller to the buyer when the goods are supposedly placed on the delivery side. On the other hand, if one talks about the FOD, then it is the method when the ownership of the good is usually transferred at the loading dock of the buyer (Grossman & Hart, 2016). Once the goods and the consignment are being delivered to the party, the title of the ownership of the goods is being transferred and it goes from the seller to the buyer. At the same time, the seller has the legal rights of the good and now becomes responsible for the damage control and the corresponding insurance process of the shipment from now onwards as it has become his own property. Shipping terms affect the buyer's inventory cost because inventory costs include all costs to prepare the inventory for sale. This accounting treatment is important because adding costs to inventory means the buyer does not immediately expense the costs and this delay in recognizing the cost as an expense affects net income. International transportation contracts generally contain abbreviated trade terms that set such factors as the agreed upon time and place of delivery and payment terms. These contracts will further detail when the risk of loss shifts from the seller to the buyer and specify who pays the costs of freight and insurance.

References

Grossman, S. J., & Hart, O. D. (2016). The costs and benefits of ownership: A theory of vertical and lateral integration. Journal of political economy, 94(4), 691-719.

Roe, M. J. (2017). Political and legal restraints on ownership and control of public companies. Journal of financial economics, 27(1), 7-41.

Subject: Law and International Law

Pages: 3 Words: 900

WEEK 3 DISCUSSION

Week 3 Discussion

Student’s Name

Institution

Date

Scenario 2 - Negotiable Instruments

Under section 30, 32, 35 and 42 the negotiation instrument is clearly defined to provide guidance on the way liberty if treated. However, the holder in due course changes when the bank Sun Trust bank transferred the debt to the First bank in New York City. Holder in due course referred to as the subsequent holder of the negotiated instrument. Therefore, the loan of $30,000 was a negotiated instrument between Ginny DeWitt and Sun Trust Bank. The holder in due course is the new holder of the instrument who has accepted in good faith for the exchange with something valuable. It is also important to point that when Ginny took the note from SunTrust Bank, Ginny became the holder on the due course; it is because by the time Ginny accepted a loan from he negotiated and accepted terms of the condition of such a loan. This means that he had no choice due to section (30) of the negotiation instrument; Ginny had accepted the responsibilities and must pay the loan.

But when the loan was transferred to First Bank, the bank accepted the responsibilities to get the loan paid by the Ginny to the bank. It is also significant to note that when Ginny failed to pay the debts has agreed and signed by him, the bank had all the rights under section 32 of the liability of Acceptor of the Bill and Maker of Note. It means that the SunTrust Bank has hired First Bank of New York to collect the said amount from Ginny CITATION Ric15 \l 1033 (Philips, 2015). However, under section 36 of liability of prior Parties, the original issuer of the loan or the instrument has the liability towards the holder in due course, until the instrument negotiated is fully paid CITATION Mic18 \l 1033 (Lean, 2018). In the case of dishonor, the holder in due course can declare all or any prior parties to be liable and should pay for the amount. It means that if any case, Ginny declined to clear off the loan, SunTrust bank can decide to declare that First Bank and Ginny are responsible or either of them is liable for the lost.

The argument of Ginny is not valid and it is not supported by the liability act or any other law. It is noted that Ginny signed a note with SunTrust Bank and therefore, it makes her the legal holder in due course of the loan. It means that it owes the bank a total of $30,000 as agreed and signed by him as required under section 36, and 35 of the liability parties. In this case, she became a drawer and became liable for the loan repayment. However, the argument of Ginny that the loan is not valid because she did not sign any note with First Bank could be valid if the bank does not have an appointment letter stating that it is supposed to collect a certain check on behalf of the SunTrust Bank. It is required for the banks to sign a transfer of due in course for it to be recognized and applicable. And if the two banks signed a note it is bidding and it has all the rights to coming for the amount from Ginny. Ginny would be forced to pay, the sum of $30,000 to the First Bank New York. Despite that that First Bank did not sign the statement or note with the Ginny. Under section 1-201 (20) the instrument is still payable to the identified party. However, the identity part is First Bank which has been appointed by the SunTrust to get the loan paid by Ginny. And therefore, Ginny would be required to pay the loan to First Bank of New York as required under section 1–201 (20) of Uniform Commercial Code.

The case might end in favor of the First Bank. The court is likely to run in the favor of the bank since it was endorsed by the issuer of the instrument. Under Liability Act section 32 to 35, the issuer of the instrument has the power under the law to appoint an identified person to collect the instrument form the holder in due course.

Part b

Prevention of forgery (internal employees)

The company intends to work with employees and the stakeholders to improve the trust among employees. Forgery is one of the issues, which affect the profitability of the company. Therefore, the company deploys ICT within its system to countercheck every process especially signature and other forms, which can be forged. It should also install anti-forgery systems to safeguard financial files and other information which might be targeted CITATION Fea15 \l 1033 (Michael, 2015).

Gift cards

The gift card can also be protected by ensuring that security features are used when making the card. Gift cards without security features can easily be stolen and then used by any third party. It is, therefore, the responsibilities of the company to protect their servers from any authorized entry into the system, which can compromise the security of gift cards CITATION Kad15 \l 1033 (Benjamin, 2015). Access to the information related to gift cards or any electronic materials can compromise the security of the company

Acceptance of payment by electronic means, such as PayPal

The electronic mode of payment can be protected using strict policies and string passwords, which can prevent any unauthorized access to the payment or any electronic payment which a company has.

References

BIBLIOGRAPHY Benjamin, K. (2015). Examine the concept "holder in due course" showing differences in Liability. Negotiable Instruments and Related acts, 2-42.

Lean, M. (2018). Liability of Parties – Cheque. Negotiable Instruments Act, 2-15.

Michael, F. (2015). Six Strategies for Fraud Prevention in Your Business. International Journal of Information Security, 2-18.

Philips, R. (2015). Holder in Due Course and Defenses. https://2012books.lardbucket.org/pdfs/the-law-corporate-finance-and-management/s24-holder-in-due-course-and-defen.pdf, 12-38.

Subject: Law and International Law

Pages: 3 Words: 900

Week 3 Project

Abortion

[Name of the Writer]

[Name of the Institution]

Abortion

Abortion is the practice where the removal or the expulsion of the embryo or fetes is being carried out. This process has to be done before it is able to survive outside the uterus. Now, an abortion is the process that is supposed to happen without intervention is called as the miscarriage or spontaneous abortion. Whereas when there are deliberate steps taken for the abortion, it is termed as the induced abortion. With the passage of time, there has been considerable discussion about the legality of the abortion, and with concerns by the religious authorities, the topic has always garnered considerable interest among the stakeholders. In this paper, it is going to be seen that how the process of the abortion is supposed to be carried out, and how the late termination of the pregnancy would imply late term abortion. Historically, one of the reasons that there has been debate about the abortion is due to the fact that how the religious implications that are attached to it as well as the safety of the procedure along with the fact that the determination if the fact that whether a fetes can be considered a life or not.

Laws and Regulations Regarding Abortion

Due to the increased usage of the contraception, the number of abortions that are occurring around the world are declining, despite this fact, it has been a topic of considerable interest among all the stakeholders and there has always been debate about how the abortion laws are supposed to be shaped up. Now, there are certain conditions under which abortion is going to be legal in some of the countries, but there is wide argument regarding how and what are some of the ways through which these conditions are going to be working out. The United Nations charter makes it clear that the abortion is important when there is a case that the life of the women is in danger due to the pregnancy complications. There are some other commonly accepted reasons such as the preservation of the physical and mental health of the women. Not only that, there are large number of countries that tend to discourage abortion if there is a case that if pregnancy is happening due to rape and incest, then the abortion is somewhat considered to be legal. At the same time, there are certain countries that ask for the special procedures to be taking place before the practice of the abortion is going to be allowed. These grounds are supposed to be met all the time if the legislation is supposed to be controlled. In Finland, for instance, the abortions are not going to be granted due to the fact that they are merely based on the request of the women. There is difference in the laws as far as the country wise legislation is supposed to be carried out. For instance, it has been found out in several of the clinics that how the circumventing law is supposed to be shaped and when there is a case of the abortion, then the women who is supposed to go through the procedure must make sure that the circumventing law has to be signed by the user at that point of time. This signature is an integral process as f areas the progression of the abortion is going to be taking place. Talking about the things in the context of the United States, the abortion laws have always created some unwarranted discussion and one of the reasons that there is divide is that how the interpretation of the special circumstances under which the abortion is allowed is bound to vary from one state to the another. The main actors who take part in the discussion with regards to the abortion is that there are two groups that tend to talk about how these things are supposed to be working, the first one is the prochoice and the other one is the prolife. Most of the Americans though tend to share a somewhat liberal stand in this regard. One of the discussions about the way legal abortion is going to be determined is that how the fetes is viable at the time of the abortion. The majority of the opinion is divided in this regard and it is one of the prime reasons that the abortion laws have created considerable debate among the people of the United States.

One of the major acts and legislation that was being signed with regards to the abortion was the Pain Capable Unborn Child Protection Act. This was a United States Congress bill and the idea behind the bill was to make sure that the long term late abortions are supposed to be banned at the nationwide level after 20 weeks post fertilization that is working on the basis that how the fetes is going to be capable of feeling the pain during the course of an abortion and after the end point of the pregnancy. The bill was first introduced in Congress in 2015, and it was quite successful when it comes to getting passed in the House of the Representatives. The important thing though that has to be kept in mind is that the Bill is yet to pass the Senate, and this is one of the areas that is needed to be worked upon so that the greater degree of accuracy is achieved in this regard. There was another bill that was passed more recently in April in Alabama and that Bill talked about how the criminalization of the abortion if it is going to be signed into the law. There are only two exceptions that are offered in this regard, the first one is that if there are serious healthcare issues for the women, and the other major risk is that how the lethal fatal anomaly is bound to occur during the case. There was an effort by the lawmakers to make sure that they challenge the Roe v Wade in the Supreme Court was this judgement was going against this act where criminalization of the Abortion was supposed to be done.

Legal Cases

There have been many legal cases in the past where the way decision was being made by the courts and the circumstances that surrounded the whole ordeal lead to considerable debate. In this section, some of the previous cases regarding the abortion are going to be discussed and it would be seen that how they changed the debate surrounding the abortion.

One of the first major case regarding the abortion was Roe vs Wade. In this case, one of the key points that was discussed legally was how the viability was being defined at that point of time. The idea is that how they fete is going to be live outside the mother’s womb and whether some sort of artificial aid can be provided in this regard. The viability in the given case was placed at about seven months. Though this time period is not definitive, and the duration can be as low as 24 weeks. A central issue in the Roe case (and in the wider abortion debate in general) is whether human life or personhood begins at conception, birth, or at some point in between. The Court declined to make an attempt at resolving this issue, noting: "We need not resolve the difficult question of when life begins.

There was another case during which considerable outpour by the media was witnessed. It was the case of the Gerri Santoro, a woman who was in Connecticut and how she died trying to obtain illegal abortion. Her photo became somewhat of the start of the movement where it was discussed that how greater choice is supposed to be given to the women in this regard as far as the way abortion laws are supposed to be working out. There were some groups that were working in the Chicago at that point of time that had worked quite considerably in this regard as far as the way level of control is supposed to be implemented at the given point of time.

In 2006, the youngest child to survive the premature birth in the United States was born to be a girl in the Kapiolani Medical Centre that is located in Honolulu. Because there exists a split between the way Federal and State laws are supposed to be implemented, the legal access to the abortion continues to be change from one state to the another. At the same time, the way geographic availability is witnessed is bound to vary quite dramatically from one state to the another.

The Doe v Bolton was another case that gained considerable attention was far as the way abortion laws are supposed to be shaped up. The major premises of the law based on the idea that how the state governments are not going to be allowing late termination pregnancy if there is a case where it becomes important to make sure that the prevention of the life becomes necessary in terms of how the health and life of the mother is supposed to be taken care off. This rule was further clarified in the 1973 judicial decisions and the ruling that was given for the Doe v Bolton as it specified about the fact that how relevant the age of the women is when it comes to making sure that the adequate care is being provided to her. It is the provision for the mental healthcare of the women patient that women in the United States have to choose to make sure that they make it more viable as far as the way screenings are going to be revealing the abnormalities that are not causing a baby to die shortly after the birth. So, there is considerable provision in law when it comes to these cases. What it goes to show that extent of the debate abortion tends to create in the United States.

In the case of Whole Woman's Health v. Hellerstedt, the Supreme Court in a 5-3 decision on June 27, 2016 swept away forms of state restrictions on the way abortion clinics can function. The Texas legislature enacted in 2013 restrictions on the delivery of abortions services that created an undue burden for women seeking an abortion by requiring abortion doctors to have difficult-to-obtain "admitting privileges" at a local hospital and by requiring clinics to have costly hospital-grade facilities.

Summary

There has been considerable debate surrounding the way abortion laws are supposed to work in the United States. The problem with the United States is that it becomes quite hard to make sure that the implementation of the laws is carried out at the Uniform level. One of the reasons that the clear definition and the purpose of the law is not created is due to the fact that the Americans are quite divided as far as the way abortion laws are supposed to be working out at the given point of time. Not only that, the other major problem as far as the abortion laws tend to work is that how there are considerable differences from one state to the another in terms of how the abortion laws are supposed to work and how the broader perspective is going to be developed in this regard at the given point of time. The debate by the moral and the religious circles is another reason that the abortion laws are bound to gain considerable debate among all the stakeholders at the given point of time. it has to be noted that Federal laws are also not clear in terms of how the abortion is supposed to work. A 2018 Gallup survey found the percentages that were pro-choice or pro-life were equal (at 48%), but more people considered abortion morally wrong (48%) than morally acceptable (43%). The poll results also indicated that Americans harbor a diverse and shifting set of opinions on the legal status of abortion. The survey found that only 29% of respondents believed abortion should be legal in all circumstances, and 50% of respondents believed that abortion should be legal under certain circumstances.

References

de Crespigny, L. J., & Savulescu, J. (2014). Abortion: time to clarify Australia's confusing laws. Medical Journal of Australia, 181(4), 201-203.

Francome, C. (2014). Abortion freedom: A worldwide movement.

George Jr, B. J. (2015). Current Abortion Laws: Proposals and Movements for Reform. W. Res. L. Rev., 17, 371.

Haddad, L. B., & Nour, N. M. (2018). Unsafe abortion: unnecessary maternal mortality. Reviews in obstetrics and gynecology, 2(2), 122.

Lovenduski, J., & Outshoorn, J. (2016). The new politics of abortion.

Rossi, A. S. (2016). Abortion laws and their victims. Society, 3(6), 7-12.

Sarvis, B., & Rodman, H. (2013). The abortion controversy. Columbia U. Press.

Sedgh, G., Singh, S., Shah, I. H., Åhman, E., Henshaw, S. K., & Bankole, A. (2012). Induced abortion: incidence and trends worldwide from 1995 to 2008. The Lancet, 379(9816), 625-632.

Tietze, C. (1979). Induced abortion: 2018.

Tietze, C., & Henshaw, S. K. (2016). Induced abortion: a world review 1986 6th ed.

Subject: Law and International Law

Pages: 7 Words: 2100

WEEK 4 DISCUSSION

Law and International Law

[Name of the Writer]

[Name of the Institution]

Law and International Law

Scenario 1

The first thing that has to be noticed here is that what are some of the important facts related to the case as they are going to help us determine the liability of the respective party. Whenever there is a case of the corporate credit card (Schiff, 1983). The organization that is owning the Credit Card is going to be acquitted during the course of each month (Ribstein & Kobayashi, 1994). That does not matter that what type of transaction was being carried out and the among of the transaction that was being done at that point of time (Schiff, 1983). Now, it also depends on the liability profile of the user who is owning the credit card (Reese & Flesch, 1960). That liability profile is needed by the credit card owner to make sure that they are making sure that the determination of the responsibility for the user of the card can be determined in an appropriate manner (Reese & Flesch, 1960). Not only that, it has to be noted that the liability of the company in this case is going to be limited in a sense that the implementation of the type of liability is only going to be witnessed on the type of expenses that are being approved at the end of the business (Ribstein & Kobayashi, 1994). These expenses are supposed to be reimbursed to the Card member (Ribstein & Kobayashi, 1994). Now what can be seen here is that the corresponding credit card was being used for the personal expenses by Ima Krimnel and in this case, as the given expense is not in the part of the larger expenses that are incurred by the company at the given point of time, the fact can be made that how the whole thing is going to shape up at the given point of time in terms of how the remaining liability is going to be faced in the given scenario (Reese & Flesch, 1960).

Discussion Questions Part II

The business that was started in the first week was that of the energy drinks (Whincup, 1982). Now, if one talks about how the usage of the energy drinks is being carried out at, he extensive level, as it is a consumer oriented product, what can be done is that the expansion of the credit facility might be carried out to the retail outlets (Reese & Flesch, 1960). The reason that such a step is going to be taken is due to the fact that how it is going to allow the expansion of the business to be carried out in terms of how things are supposed to be handled (Ribstein & Kobayashi, 1994). It has to be noted that only certain percentage of the whole transaction is going to be allowed in the credit and the 45 days’ time period is going to be taken in due course for the clearance of the payment (Reese & Flesch, 1960). As far as the type of insurance that is going to be most suitable in the given case, the product liability insurance is one of the things that would suit the nature of the business (Schiff, 1983). It would allow the coverage to be tailor made as per the scalability and the asset base of the business. The other thing that becomes quite important during the course of the whole process is that the subsequent laws are going to be taken care off (Reese & Flesch, 1960). Companies that manufacture products have to ensure they have purchased the product liability insurance with coverage tailor-made for specific types of products.

References

Reese, W. L., & Flesch, A. S. (1960). Agency and Vicarious Liability in Conflict of Laws. Columbia Law Review, 764-779.

Ribstein, L. E., & Kobayashi, B. H. (1994). Uniform Laws, Model Laws and Limited Liability Companies. U. Colo. L. Rev., 66, 947.

Schiff, M. (1983). The Undisclosed Principal: An Anomaly in the Laws of Agency and Contract. Com. LJ, 88, 229.

Whincup, M. (1982). Product liability laws in common market countries. Common Market L. Rev., 19, 521.

Subject: Law and International Law

Pages: 2 Words: 600

WEEK 4 PROJECT

Law and International Law

[Name of the Writer]

[Name of the Institution]

Law and International Law

Scenario II

The first thing that is needed to be kept in mind in this case is that what are some of the relevant facts that are associated with the case (Lee et al, 2010). Keeping that aspect, there are three major stakeholders, the fire insurance Company Allstate, Liberty Mutual is going to be covering the life insurance provision and Juanita herself (Lee et al, 2010). Now, the first thing that is needed to be kept in mind is that what is going to be the change in the state of the insurance as there is a change in the location by Juanita (Dehejia & Lleras, 2007). Now, the way fire insurance works (Mayers & Smith, 1982), they are dependent on the person and the corresponding location of the individual (Lee et al, 2010). Not only that, the other underlying factor that has to be kept in mind is that as her house was burnt down, there was still one month to go before her insurance expired (Dehejia & Lleras, 2007). What it means was that there was sufficient time and as the policy stays intact, the liability that Allstate had towards Juanita stays relevant (Lee et al, 2010).

The second part is that status of the liabilith of the Liberty Mutual is going to be playing out in this case, here the situation is going to be a bit complicated (Lee et al, 2010). Here the problem at the end of the Juanita is that how the payment regarding the insurance premium is being done on her part (Lee et al, 2010). There is also a certain time period before the realization of the amount of insurance is supposed to be carried out and as the age of the grandmother is on the higher side, it can be assumed that date of the maturity that was setup by the insurance company was forward dated (Lee et al, 2010). Thus, there is no liability of Liberty towards Juanita and they don’t have any financial obligation towards the recipient of the insurance holder (Lee et al, 2010).

Summary of the Article

One of the major premises of the bankruptcy is to make sure that some sort of chance is given to the personal, organization or an individual that has faced financial crisis to make sure that they are in the position to redeem themselves (Boettcher et al, 2014). As compared to the liquification, which comes across as an option that is quite unethical and not quite efficient, it is a much more relaxed and easier option for the businesses to take care of themselves. Despite this fact, there are many issues and ethical considerations that are needed to be kept in mind when the Chapter bankruptcy is being filed by the bank (Boettcher et al, 2014). There are many chances that the unethical act might be carried out (Boettcher et al, 2014). For instance, after the filing of the bankruptcy, there has been multiple instances when it has been found out that this type of firms had enough assets in their financial ledger to make sure that they are able to take care of their obligations in an appropriate manner (Boettcher et al, 2014). Not only that, during the court proceedings, it has been found out that some bankruptcy professionals where not completely impartial when dealing with the cases of the bankruptcy. So, this article underlines some of the concerns that are related with the bankruptcy (Boettcher et al, 2014). Bankruptcy is designed to give the debtor another chance after a financial failure, and it is often an option that is both more ethical and more efficient than liquidation.

References

Lee, J. S., Sheer, J. L., Lopez, N., & Rosenbaum, S. (2010). Coverage of obesity treatment: a state-by-state analysis of Medicaid and state insurance laws. Public health reports, 125(4), 596-604.

Dehejia, R., & Lleras-Muney, A. (2007). Financial development and pathways of growth: state branching and deposit insurance laws in the United States, 1900–1940. The Journal of Law and Economics, 50(2), 239-272.

Mayers, D., & Smith, C. W. (1982). On the corporate demand for insurance. In Foundations of insurance economics (pp. 190-205). Springer, Dordrecht.

Boettcher, J., Cavanagh, G., & Xu, M. (2014). Ethical Issues that arise in Bankruptcy. Business & Society Review (00453609), 119(4), 473-496. doi:10.1111/basr.12042

Subject: Law and International Law

Pages: 2 Words: 600

Week 5 Discussion

Law and International Law

[Name of the Writer]

[Name of the Institution]

Law and International Law

Discussion Question Part 1

Scenario 1 – Discrimination

In this case, an argument can be made that discrimination has been made based on the sexual orientation and gender of a person. Despite the fact that the person who has been involved brings about greater degree of experience as well as the expertise, they are not being given the job. The argument is that the transgender is not going to be considered for the position is not implicitly told so that makes it all the more easier for the legal case to be filed. Now, the legal status of the discrimination is quite clear in this case and the Federal Law of employment discrimination in Alabama makes it quite clear that such an offense is not going to be allowed. The way functionality of the law operates, the employee cannot be subjected to any discrimination and they have to be protected from discrimination not only from the present employees, but the same degree of caution is expected from the former employees as well. Here how the particulars of the law work out.

“Title VII of the federal Civil Rights Act of 1964 prohibits employment discrimination because of race, colour, sex, religion or national origin. This law applies to public employers and private employers with at least 15 employees, employment agencies, apprenticeship programs and unions. 42 U.S.C. section 1981 prohibits all race discrimination in all contracts, even between individuals.”

This law provides protection to the employee if there is a case that they have been made subject of discrimination at the workplace. The workplace structure should be such that the employees should be allowed to work in provision in the manner that their must not be any door closed on them due to their sexuality, or their sexual orientation for that matter. The laws in Alabama are quite clear in this regard. Before one can proceed, it has to be noted that how the anti-discriminatory laws are supposed to be worked out. The idea is that how the laws are going to be changed depending on the fact. There are limited causes of action and in order to make sure that the claim can be made, the necessary filing of the action has to be carried out and the written complaint is needed to be made in case of how the charge of the discrimination and administrative agency is going to be worked out. The person that is claiming the discrimination has to file a complaint to the Federal Equal Employment Opportunity Commission. For example, a policy requiring that employees be a certain height and weight. Such a policy excludes more women than men, more Latinos than others. So, the employer can only continue to use the policy if it can prove that the height and weight requirements are related to the jobs employees perform and are necessary to its business.

Discussion Question Part II

Drug Testing

When one talks about the way drug testing is being carried out at the workplace. It has to be noted that there are lines that are needed to be drawn in terms of the right to the privacy and how the right to the professionalism is supposed to be working. Despite the controversy in this regard, it has to be noted that workplace drug testing is needed to be done in many professions. Specially in the ones where margin of error is quite low during the course of the organizational operations such as transportation, medication and construction industry. The business safety in these workplaces is quite important it is quite crucial for the employees to make sure that they are clean in terms of substance abuse and other drug related offenses. The problem is that how the line can be drawn in terms of the usage and abuse, and how the determination and criterion can be set in terms of how it is going to be made sure that the employee performance protocol are going to be setup at the given point of time under any circumstances.

Employee Usage of the Social Media Policy

This policy provides guidance for employee use of social media, which should be broadly

understood for purposes of this. . One of the thing that is needed to be noted about how the social media usage is supposed to be drawn about is that what is the departmental implications, so at times it can be quite of a challenge to make sure that how the implementation of the social media policy can be carried out. For instance, if one talks about the marketing department, then they have to use social media for different purposes, and it would be quite hard to come up with the blanket social media policy consideration. Furthermore, other thing that has to be kept in mind is that how the quality certifications and data protection protocol of the organization work out when the social media policy of the business is being charted. For instance, ISO certifications imply that there has to be complete embargo when it comes to the usage of the social media websites, while on the other hand, there are some instances when more relaxed usage of the social media is being propagated. So, it all depends on how things work out at the given point of time in terms of what organization is trying to achieve as far as the usage of the social media is supposed to be there.

References

Beegle, K., & Stock, W. A. (2003). The labor market effects of disability discrimination laws. Journal of Human Resources, 38(4), 806-859.

Culnan, M. J., McHugh, P. J., & Zubillaga, J. I. (2010). How large US companies can use Twitter and other social media to gain business value. MIS Quarterly Executive, 9(4).

Neumark, D., & Stock, W. A. (1999). Age discrimination laws and labor market efficiency. Journal of Political Economy, 107(5), 1081-1125.

Stone, D. L., & Kotch, D. A. (1989). Individuals' attitudes toward organizational drug testing policies and practices. Journal of Applied Psychology, 74(3), 518.

Subject: Law and International Law

Pages: 3 Words: 900

Week 5 Project

Legal Scenarios

[Name of the Writer]

[Name of the Institution]

Legal Scenarios

Discussion Question Part 1

It has to be noted that looking at this case, Mandle tends to fulfil all the criterion that are related with this job and she does have the experience and the technical capability to make sure that she is going to be able to take up the role. Furthermore, the other applicant that has been hired does not possess the same experience and she is not having the same credentials as Mandle. Now, important thing that has to be noted in the given scenario is that how the discrimination seems to have been carried out against Mandle due to the basis of her being a transgender. The legal case that is going to be quite clear, The Federal laws would mean that exists in terms of the discrimination at the workplace are such that it should provide her with an insight in terms of how she would be able to gain monetary gains out of the whole situation. On the other hand, looking specifically at the state laws of Alabama, it becomes clear that how with many years of experience as a waitress would go a long way towards making sure that her experience is enhanced, and she is offered a suitable alternate or provided the same job.

Discussion Question Part II

Employment Discrimination

When the workplace policy has to be charted, it has to be quite clear that the non-discrimination is going to be carried out against anyone. What it means that the organization has to make sure that when they are devising a policy, none of it must be going against a particular demographic, and that includes representation of the alternative sexual communities such as LGBTQ. The gender neutrality has to be also incorporated and taken into account when policy is devised.

Employee Usage of the Social Media

Social media is a tricky rope in a sense that the nature of the department and extent to which the usage of social media is being used varies from one department to the another. What must be done is that the whole policy must be varied in other departments and effects has to be made to make sure that how the management of the internet security protocols has to be there. What must be done is that certain websites have to be blocked and only certain department such as marketing and PR must be allowed to use them in the organization.

Legal Scenarios

Scenario 1

The type of organizational structures that are going to work out well for them are going to be sole proprietorship if both of them want to manage their things in a separate manner. They can also go towards the partnership, or they can opt for the most complex options which is an LLC. All these three choices have their own benefits and drawbacks. If they go as a sole proprietor, what it would mean is that they would be having complete creative control over the business. Not only that, it would also make sure that they would have less capital at their disposal if they want to expand their business and even if they want to setup at a much better level. The same set of issues are faced when the partnership is going to be setup. Both would also have drawback in terms of the limited liability. On the other hand, having an LLC as a form of the business structure would mean that they have much more secure business setup, with greater creative control in terms of how they want to do their things. The name for the Coffee Shop can be Imperial Taste.

Scenario 2

Mendoza has few possible grounds against which she is in the position to make sure that she can file for a discrimination lawsuit against the Imperial Taste. The first thing is that how she has been discriminated based on her ethnicity and how she speaks. Her language is another ground on which she has faced discrimination. Keeping in mind she has extensive experience at her disposal, it would be fair to assume that she would be a good candidate for the job. Now, the state of the Federal Laws are quite simple in a term that how any sort of the discrimination against another person, based on their ethnicity and other considerations has to be kept in mind when a decision has to be made in terms of the broader organizational interest at the given point of time. The State laws are also quite evident that no discrimination is supposed to be carried out against the employee based on their ethnicity and other constraint. So, she has considerable options. There would not have been much change in situation if the employees were on the lower side as it does not change the grounds for discrimination.

Scenario 5

One of the major things that is stated under the state laws of Alabama when it comes to the business practices is that the business terms are needed to be implicitly mentioned whenever there is any business dealing supposed to be carried out. What it means is that the effort has to be made to make sure that the prices and other particulars about the product are needed to be mentioned in a clear manner so that there has to be some sense of clarity in terms of how the transaction is needed to be rolled out. This is what that is not being done here and instead there is not mention about the prices of the drinks. Now, as another customer has discussed the same issue that the prices of the products are not mentioned implicitly, what it means is that under the consumer protection laws, as well as the acceptable business practice, they are supposed to share the price of their goods at any given point of time. Due consideration must also be needed to be given to the fact that how it constitutes the fraud as well as unfair business practice.

Scenario 7

This scenario has to be looked at in the pretext of the contract law. Now, the important implication in terms of how the whole process works out is that as the particulars of the product as well as the conditions in which the tables were supposed to be received are pre-determined. Imperial Taste is well within their rights to claim for the damages. They are also liable to hold the payments until all the remaining charges are being paid beforehand. In this paragraph, "monetary obligation" means a monetary obligation secured by the goods or owed under a lease of the goods and includes a monetary obligation with respect to software used in the goods. The term does not include (i) charters or other contracts involving the use or hire of a vessel or (ii) records that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card. If a transaction is evidenced by records that include an instrument or series of instruments, the group of records taken together constitutes chattel paper. Thus the transaction laws are also pretty clear about the way it is supposed to work.

References

Latty, E. R. (1964). Why Are Business Corporation Laws Largely Enabling. Cornell LQ, 50, 599.

Gatti, D. D., Di Guilmi, C., Gaffeo, E., Giulioni, G., Gallegati, M., & Palestrini, A. (2005). A new approach to business fluctuations: heterogeneous interacting agents, scaling laws and financial fragility. Journal of Economic behavior & organization, 56(4), 489-512.

Pence, K. M. (2006). Foreclosing on opportunity: State laws and mortgage credit. Review of Economics and Statistics, 88(1), 177-182.

Moore, W. J. (1998). The determinants and effects of right-to-work laws: A review of the recent literature. Journal of Labor Research, 19(3), 445-469.

Subject: Law and International Law

Pages: 4 Words: 1200

Writer Discretion

State Responsibility

[Name of the Writer]

[Name of the Institution]

State Responsibility

After the disclosure of several terrorist attacks in Country A held by the Intelligence Bureau of the Fanatical Republic, the evidence gathered by George should be presented to the International Court of Justice (ICJ). The evidence alone is too compelling to hold the terrorism liable for the acts of these terrorists (Trapp, 2012). If the intelligence bureau is involved in financing these terrorists over the past ten years, then they are subliminally accountable for the actions of these terrorists. The significant killing and kidnapping of the CEO of the largest firm of Country A explain that the terrorists could not plan this alone unless they have help and support from the intelligence bureau. Only the bureau has this much resources to have gone through such terrorist operations without being disclosed sooner. After being sued by the daughter of the CEO, the fanatical republic of terrorism would now have to face unexpected and harsh charges that are equally liable of these terrorists attacks.

Seeing the situation that has developed, the ICJ should rule this case by holding Country A liable and the Intelligence Bureau responsible for the terrorist's attacks. They should also account the murder of the CEO which was initially supported by the help of the Fanatical Republic of Terrorism. The way in which the ICJ should rule is by holding each of them accountable and sentencing them to a maximum of jail time along with the disabling there establishments and bureaus for a long time. Making an exemplary case out of those who were directly involved with the murder of the CEO and the attacks held throughout ten years would be an excellent start to justify their rule. The evidence gathered from George should be consciously evaluated.

Even though what can be stated as in the question can be identified as an accident by The S.S. EssoValdeez, but the destruction of aquatic life in the rich fishing area is a vast offense which their company would have to pay. Even though the country Sadly Aruba is identified as a poor developing country, it might be that these rich fishing areas might be one of the ways of generating their GDP and economic growth. After the dumping of crude oil, huge quantities of fish were killed and thus, from that, the EssoValdeezt got detained by their warship. Regardless of the lawsuit being pushed by EssoValdeezt for being improperly detained along with demanding a recovery for their damages, are demands which cannot be compiled by the court. As the pollution control regulation of the country states that the injury sustained to the wildlife must be paid in some of the substantial charges, the EssoValdeezt would have to oblige (Dupont, Ganesan, & Theodore, 2017).

However, the loss of the profits that were supposed to be earned by The S.S. EssoValdeez, only a proportion of that loss would be paid by the court due to their submission of their full compliance with the pollution control regulations. However, for the charges of being improperly detained to bring the barges alongside and pump off the oil in the tanker, the court would have to generate a simple warning to the company who sued but not the warship as it is their job to protect the coast and seas from any domestic or international harm. The EssoValdeez cannot be entirely successful with there charges against the warship and the damages they suffered but can be slightly compensated for their loss because of the compliance report that was provided as proof.

References

Dupont, R. R., Ganesan, K. S., & Theodore, L. A. (2017). Pollution Prevention. In Pollution Prevention (Vol. 3, No. 8, pp. 3-8). ROUTLEDGE in association with GSE Research.

Trapp, K. N. (2012). Holding states responsible for terrorism before the International Court of Justice. Journal of International Dispute Settlement, 3(2), 279-298.

Subject: Law and International Law

Pages: 2 Words: 600

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