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Gun Control
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Americans are faced with an ever-growing problem of violence. Our streets have become a battleground where the elderly are beaten for their social security checks, where terrified women are viciously attacked and raped, where teen-age gangsters shoot it out for a patch of turf to sell their illegal drugs, and where innocent children are caught daily in the crossfire of drive-by shootings. We cannot ignore the damage that these criminals are doing to our society, and we must take actions to stop these horrors. However, the effort by some misguided individuals to eliminate the legal ownership of firearms does not...
people who respect the law itself, the people who would only use firearms for legal purposes anyway. And when we give people the right to defend themselves, we find that criminals start looking for other victims out of fear that they will become the victims themselves. We must work to reduce crime in America, but we should look at the problem realistically, and develop plans that would be effective. It is obvious that gun control laws are neither realistic, nor effective in reducing crime. Therefore, we must direct our efforts toward controlling crime, not controlling legal ownership of firearms.
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As an electrician, when I make...As an electrician, when I make application for a job, the prospective employer wants to know the usual information; education, character through personal references, and professional ability from former employers. The disclosure of professional acumen is derived primarily from former employers and is limited to ability and punctuality. The object is to discover if I can accomplish the tasks expected of a master electrician in an acceptable timeframe. There is no extensive look at specific methods of mechanics or schools of thought concerning leadership, just a check to make certain that I can get the job finished on time and on budget, with the crew furnished. Selecting a Supreme Court justice is basically the same process. The President picks a nominee and the Senate checks his or her education, personal references, and past public performance; then votes yea or nay. This scenario bears out in both the debates of the Constitutional Convention and in the Federalist Papers. In the minutes of a debate dated July 21, 1787, between Madison, Randolf, and Mason of Virginia; Pickney of S. Carolina; Ellsworth of Connecticut; Morris of Pennsylvania; and Gerry, of Massachusetts, the discussion centered on who should nominate, then confirm justices. Madison made the point that the President should make the nomination because he represents the whole of the United States, and that the Senate should, ""¦let a [simple] majority reject" after stating "that he [Madison] was not anxious that two thirds should be necessary to disagree to a nomination" http://odur.let.rug.nl/~usa/D/1776-1800/federalist/anti20.htm. Indeed, in the Federalist Papers Madison favors the third option that the judicial nomination should be vested "in a single man, with the concurrence of such an assembly [the Senate]"; behind the options that "the power of appointment" should rest, "in a single man, or in a select assembly [the Senate]". The use of words like "concurrence" and "approbation" indicate that unless there is something in the character or conduct of a nominee, the Senate should "concur" with the President's pick and Madison states so in Federalist 76 http://odur.let.rug.nl/~usa/D/1776-1800/federalist/fed76.htm; "It would be an excellent check upon a spirit of favoritism in the President, and would tend greatly to prevent the appointment of unfit characters from State prejudice, from family connection, from personal attachment, or from a view to popularity". Again in Federalist 76, "it is not likely that their [the Senate] sanction would often be refused, where there were not special and strong reasons for the refusal". Mr. Madison seems clear that the choice of magistrates should not be reduced to the advancement of partisan issues, but that the stature of such a person should be held above the fray. The refusal of Senate Democrats to accept a nominee on the basis of a candidate's political views is contrary to the framers intent. It would seem that any choice made by this President specifically, is unworthy of such a degree of impartiality considering the Senate's past conduct when the pendulum swung the other way. That thought process, brought to consensus to in the convention and detailed in Federalist 76 was designed to prevent favoritism and cronyism in the Senate by representatives from particular parts of the country, "give us the man we wish for this office, and you shall have the one you wish for that"; and to hold the President to the nomination of qualified people. The logic lies in the fact that the President, elected then as today, by electors of the state legislatures to this day there is no federal right to vote represents the whole of the country, while members of the legislative branch had ,and have, regional loyalties. It was thought that the Senate would not be likely to reject a qualified nominee of good character because they will be immediately be confronted with another nominee of the President's choice, and the second pick may not be as palatable as the first. A case in point would be the bipartisan rejection of Harriet Miers, apparently now considered less objectionable by Senate Democrats than the President's current choice of Judge Alito. The good news is that the system is working as designed and we are witness to the operation of a 216 year old machine that is running as smoothly today as the day it rolled off the line in 1789. Those who divine the myriad of conspiracies concerning the nomination of Ms. Miers I must admit that I am standing with the crowd that is scratching its collective head on that one, the predominant one being that she was a Trojan horse to make Judge Alito more palatable to Senate Democrats, need to familiarize themselves with the intent of the founders as I am sure the President has. It is as inconceivable to me that the President would act in such a cavalier manner with respect to Ms. Miers' feelings, as it is that she would participate in such a vile conspiracy.   

As an electrician, when I make application for a job, the prospective employer wants to know the usual information; education, character through personal references, and professional ability from former employers. The disclosure of professional acumen is derived primarily from former employers and is limited to ability and punctuality. The object...

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"The transmission of such a price-list..."The transmission of such a price-list does not amount to an offer to supply an unlimited quantity of the wine described at the price named, so that as soon as an order is given there is a binding contract to supply that quantity. If it were so, the merchant might find himself involved in any number of contractual obligations to supply wine of a particular description which he would be quite unable to carry out, his stock of wine of that description being necessarily limited. I entertain, I confess, a very clear opinion that the Solicitor-General was quite right in arguing the case on the assumption that no sales were made in this country." Lord Herschell Just over one hundred years ago the above ratio-decendi was given in what was at the time a case concerned with alleged back taxes owed by Grainger & Son. Grainger & Son henceforth referred to as G&S were British wine merchants who as a side venture passed on the price lists of a French wine producer to their customers. G&S received a commission on any orders placed with said producer and paid tax on this commission. Gough claimed that tax was payable on the whole value of these sales not just the commission element. Monsieur Roederer henceforth Mr R was a wine producer located in France. He decided whether to accept orders the orders gathered by G&S or not. The reason for this being that the wine was shipped out ahead of any payment being received and Mr R wanted to vett his customers credit worthiness. The wine was shipped directly to the customer in the UK from France. Most customers settled their accounts directly with Mr R. A few customers instead made payment to G&S who would pass on to Mr R any amounts in excess of the commission they happened to be owed. In summary the flows of events are: Mr R, located in France, sends price list to G&S in Britain G&S distribute price list Customer places, for want a better word, an order with G&S for wine produced by Mr R G&S forward order to Mr R Mr R dispatches wine to customer Mr R dispatches bill for said customers wine to G&S for onwards transmission G&S forward bill to customer Customer sends payment to Mr R "“ occasionally made to G&S who forward this to Mr R Mr R sends receipt to customer G&S pay tax on commission received G&S maintained that they entered no contracts regarding Mr R's wine. Gough held the converse view that G&S entered contracts themselves and thus sold Mr R's wine. Our starting point must be to define what a contract under English law is. The Jurists Bentham and Austin have laid down that the "two main essentials of a contract are these: first, a signification by the promising party of his intention to do the acts or to observe the forbearances which he promises to do or to observe. Secondly, a signification by the promise that he expects the promising party will fulfil the proffered promise." More precisely to form a contract under English law the following elements are required i a valid offer has been proffered by the first party to another party or parties ii the offer has been accepted unchanged by the second party or parties and this has been communicated to the offerer . iii there is an intention by all parties to create legal relations when they entered into the contract and the parties have the capacity to contract iv the promises made within the contract are for valuable executive consideration and v the terms of the contract are certain. Did Mr R make an offer through the medium of his price list. Looking in Mozley and Whiteley"s Law dictionary an offer is "An expression of readiness to do something e.g. to purchase or sell". Mr R is saying that he is willing to sell wine. Based on this definition initial opinion would say that the price list does constitute an offer. Continuing with this line of thought G&S acted in an agency capacity for Mr R making an offer to the customers they approached and receiving the acceptance of any order. If the customers accepted G&S's offer made via the medium of the price list then Mr R merely shipped directly from France. The bills for said wine were sent to G&S who would then forward them on to the British customer. These points all suggest that the sale was made in the UK by G&S. The listing of Mr R, in the Post Office London Directory, as trading from G&S's establishment further hints at an agency type arrangement. Much of the argument supporting the invitation to treat viewpoint is by drawing analogies with cases involving auctions such as Payne v. Cave 1789 and Harris v. Nickerson 1873 in which both concluded that bidders make an offer which the auctioneer is free to accept or not. The bidder's offer being retractable until accepted by the auctioneer . The pricelist could be seen as statement of the minimum price at which Mr R would bewilling to sell wine drawing analogies with Harvey v Facey 1893. Mr R's supply of wine in any year is finite and demand could outstrip supply leaving an impossible back log of orders all demanding specific performance. Mr R could possibly, though extremely doubtfully, claim the defence of frustration as the things contracted for no longer exist. Add to this Mr R's option to reject any order makes it appear that his price list is an invitation to treat as otherwise it would be an offer that is subject to revocation without notice. Acceptance of an offer has to be communicated. At the time of this case, 1896, the only readily available methods of communication for distant parties were the postal system or telegram. The postal rule would apply to any customers acceptance sent via these mediums and hence any revocation of the offer would be impossible The final item to consider is the peculiar concept of consideration to be found in the English legal system and those derived from it The 1677 Statute of Frauds made consideration vital in any contracts not made under seal. G&S received no consideration for the wine therefore they could not be a party to the contract. [Transfer of title occurred only between Mr R and the customer]. That occasionally the payments for the wine were made to G&S instead of directly to Mr R was held to be equivalent to Mr R, for the sole convenience of his customers, operating a British bank account to receive payments. Graiger v. Gough was one of the major cases in the creation of the principle of invitation to treat. In order to explore this principle more fully the case will be re-examined as it occurred today. Once again the starting point is was the price list an offer or merely a willingness to deal. There are a number of variants on an invitation to treat these are: pre-contractional negotiations , shop displays and finally advertisements. G&S's supply of the price list to potential customers is a form of direct marketing and falls under the last of these three categories. To be classed as a unilateral offer the price list would have to show some intention to be bound by pro-offering a tangible benefit, in excess of sales puff, that could be accepted by performance rather than communication . Is there any similarity to Bowerman v. ABTA 1995 or Carhill v. Carbolic Smokeball Company 1892. If the answer to this is a negative then the next step is to determine where the act of offer & acceptance occurs. In a face to face situation such as a shop the customer offers to buy goods by presenting them at the till and the shop either accepts or rejects this offer to buy. The goods on the shelves are merely invitations to treat in keeping with the findings of Fisher v. Bell and Pharmaceutical Society of GB v. Boots Cash Chemists. The views of this in America and the European Community are slightly different. Although it seems odd that a shop would not want to sell its stock the English legal system is designed to achieve consistency even if it has to distort the persons actual intent. This produces oddities such as Partridge v. Crittenden 1968 where a newspaper advert to sell wild birds was found to be an invitation to treat not an offer to sell so the defendant escaped prosecution under the Protection of Birds Act 1954 . A key point in the original Graniger v. Gough was where was the contract made. Today the location of the act of contracting can be different depending on the mode of acceptance. The postal rule puts acceptance at the place of posting. Where both parties use a telex or nowadays facsimile machine the Court of Appeal decided in the case of Entores Ltd v. Miles Far East Corporation 1955 that the contract was entered into when and where the acceptance was received. Lord Denning confirmed, obiter" that the same principles also apply to acceptances by telephone. Answering machines and voice mail are assumed to at maximum delay receipt of the acceptance till the next working day rather than grant them an agent status capable of entering contracts. Faulty hardware, lack of link & paper or sloppy business practice, such as not checking the fax for days, does not stop or delay the acceptance of an offer. Public holidays and weekends however do delay acceptance till the next working day. E-mail contrary to popular belief is not always an instant form of communication. An e-mail may pass through a number of third parties networks & servers and could quite possibly be considerably delayed. Also the recipient has to actively retrieve their e-mail from their service providers or works mail server. The Uniform Laws on International Sales Act 1967 sets out that the acceptance of an offer becomes effective at the moment the indication of assent reaches the offeror . But is the offer accepted in the country of the readers computer or where the email server is hosted? If a person picked up the contents of their phones answer machine in a country different to that which said machine was in, where was the contract made. Within closed networks or Electronic Data Interchange systems mail delivery is more reliable and it may be possible to tag the e-mails so they generate a receipt message upon reaching their destination and upon being read. The EDI Trading Partner Agreements will also outline when acceptance takes place and which countries laws apply. If Mr R had a website that could receive customer orders would it be an invitation to treat or an electronic contracting agent ? A non-interactive site just listing his wines would most certainly be classed as an advert. This question is under consideration by may of the worlds legal minds. Unfortunately the Argos £2.99 television and recent Kodak £100 digital camera incident never made it to court so there is no precedent. The Kodak site took the customers order and issued an order confirmation which the customer was asked to retain for warranty service. Consumers would believe that having placed their order and given their credit card details and been told that the £100 will be charged to their card along with receiving an acknowledgement ,that their purchase has been made. This "clickwrap contract" is what the law calls a "contract of adhesion" -- a contract you didn"t really bargain over in any way, but which was presented as more of a take-it-or-leave-it offer . Kodak made such a bad bargain that everyone wanted to take it The only case on web based retail sales so far is American where the court stated "such an automated, ministerial act cannot constitute an acceptance" which does little to resolve the issue. As international web based commerce increases, instances similar to Gough v. Granger will become more common. Will the concept of invitation to treat expand outside of legal systems based around Anglo-American common law bringing some consistency to the dynamics of offer & acceptance or will the EU idea of its an offer until the stock runs out be adopted.   

"The transmission of such a price-list does not amount to an offer to supply an unlimited quantity of the wine described at the price named, so that as soon as an order is given there is a binding contract to supply that quantity. If it were so, the merchant might...

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''a diabetic at work without a...''a diabetic at work without a recent insulin injection approaching the lunch break may become tense, erratic, short tempered, but that behaviour does not constitute a criminal act'' Kelly, Holborn and Makin, 1983 sited in; M. Haralambos and M. Holborn 2000 It is regarded amongst sociologists that physiological characteristics do not cause criminal or deviant behaviour. This paper will look at a few of the main functionalist and conflict theories of crime and deviance and conclude with which one, in relation to the title, provides the largest body of evidence. Functionalist theorists argue that crime and deviance is caused by 'structural tensions' where as conflict theorists argue that 'deviance is deliberately chosen, and often political in nature'. Functionalists argue that people commit crimes because there is something wrong with the society the individual is in, and that this is what causes the individual to commit crime. Crime is caused by the structure of society. Conflict theorists argue that the criminal makes a choice to commit a crime ''in response to inequalities of the capitalist system'' Giddens, 2001, Pg 272 Starting then, with Albert Cohen, a subcultural functionalist, who based his studies on the lower classes, Cohen found that lower class children were disadvantaged at school and thus disadvantaged in light of general success in life. Cohen said the lower class were at a disadvantage before they had even started to achieve! Most lower class children, he argued, do not have the same starting position as middle class children. Because of the difference in class Cohen believes the lower class children suffer from 'status frustration' Haralambos and Holborn, 2000, Pg 357. Following this frustration with their position in society Cohen put forward the theory that these lower class children develop a subculture where ''the delinquent subculture takes its norms from the larger culture but turns them upside down'' Haralambos and Holborn, Pg 357. Cohen stated that the success achieved within this subculture related to earning their goals which were perceived by the delinquent as unattainable within society. This he argues is the cause of crime and deviance. Cohen's claim that lower class children are frustrated at being disadvantaged in society, that they have less opportunity to succeed, this indicates quite blatantly that society is not equal. Bernstein stated in Giddens that language differed according to class. Bernstein came up with a theory that the lower classes used a 'restricted code' and middle classes an 'elaborated code' Giddens, Pg 512. Going with the notion that school teachers are middle class, thus use the elaborated code of language so do not communicate as successfully with children originating from lower classes. These youths, as it appears, do not have the access to the same standards of education and so it is easy to assume the individuals motivation for turning to crime. A problem with Cohen's theory is that fundamentally it is based on class position, namely the lower class. He disregards crimes of the upper class. This could indicate that only the lower class has the potential to become deviant in their behaviour. Also Cohen seems to suggest that all disadvantaged people will perform acts of deviant, criminal nature to achieve their goals. It is important to recognise that this is not always the case. Some individuals choose to work hard within society and its laws to gain legitimate success as is seen in Coleg Harlech. Turning now to another functionalists view the writer considers Merton and his 'strain' theory. Merton modified Durkheim's theory of anomie by stressing that where Durkheim said ''that circumstances in which social norms are no longer clear and people are morally adrift'' and instead put across the point that ''"¦term anomie is to describe the strain which occurs when individuals experience conflict between their pursuit of societies goals and the means society provides to achieve them'' O'Donnell, Pg 352. Merton's theory focuses on various acts of deviance which he believes may lead to acts of crime. Merton says there are various goals pushed by society and that society emphasises a set of means to obtain these goals i.e. hard work, education, abiding by the law. Merton goes on to say that not everyone has the means to legitimately obtain these goals and so came up with a theory where he uses five models of adapting to the 'strain' he said people feel due to the inability to successfully adhere to societies goals, and the means whereby they obtain these. The five models Merton put forward are as follows; conformity, where the individual continues to accept the goals and the means to obtain these goals even though failure is almost inevitable. Innovation, according to Merton is the response when the individual accepts the goals set by society but rejects the means to obtain these goals set by society, he then goes on to say the individual finds a replacement to societies 'means', this being an illegal act. The third in Merton's theory is ritualism, this is where the means and goals of society are adhered to but the individual has lost sight of the goals and has no interest in the outcome of his/her work. It is the opposite of innovation. Retualism, according to Merton is the next step from ritualism, the individual disregards both the means and goals set by society. The individual is seen to 'drop out of the rat race', observed by those with alcohol and drug problems. The fifth part of Merton's theory is rebellion where the individual rejects both the means and goals set by society, this is recognised as terrorists/radical political parties P. Taylor et al, Pg 471. Both Cohen and Merton's theories are that of a functionalists perspective and believe crime is needed within society, to indicate there is a problem and in turn that problem can be resolved. Turning now to an interactionalists perspective on crime and deviance, the writer will compare the similarities and differences between the functionalists and the conflict theorists explanation for crime and deviance. Considering Stuart Hall, a conflict theorist, who in 1972 studied the increasing problem of mugging, Hall believed that class position was irrelevant in respect of the victim. He found that muggers would target people that appeared to come from a similar background to themselves, rather than the poor stealing from the rich as is the commonly associated stigma. At that time mugging was not recognised as an actual crime due to its ability to fall within two categories, either robbery or assault with the intent to rob. Over a period of four years the British government released a statistic claiming that muggings were on the increase of one hundred and twenty nine percent per year, Hall argued that this figure could not be completely relied upon. After comparing various statistics Hall discovered the real annual increase of muggings was only fourteen percent. From these findings Hall suggested that the source of moral panic was not the underlying economic problem Haralambos and Holborn, Pg 388. This opinion is in complete contrast to that of both Cohen and Merton who both identify class as a major factor in crime, and both based their theories on the lower classes. Hall also put the thought across that the Media's presence had the ability to make crime appear much worse than it really is/was. Hall described this exaggeration as 'moral panic' Giddens, Pg 212. It is also important to recognise that neither Cohen nor Merton discussed the medias influence upon crime. It is stated in Giddens that ''"¦moral panic about muggings was encouraged by both the state and the media as a way of deflecting attention away from growing unemployment, declining wages and other deep structured flaws within society'' By stating this Hall is concluding that the individuals committing the crimes are individuals forced into crime due to the nature of the economic situation, although Hall is talking about the wider population this could be loosely associated with Cohen and Merton's link with class position. As Hall takes a Marxist view on crime some sociologists argue that it is almost inevitable he comes to the conclusion that the economic situation and to a greater extent the influence of capitalism is the cause for crime and deviance. However Hall's study is based upon statistics and like all statistics these may or may not be accurate, as statistics have the tendency to be bias. It is also important to recognise that crime statistics are collected from crimes that have been reported, thus the figures shown do not represent the whole spectrum of crime, a lot of crimes are clearly not represented by these figures. Hall's study, like that of Cohen and Merton's, focuses on class. But unlike others sociologists i.e. Cohen and Merton, it acknowledges that criminals can/do target individuals in similar social situations as themselves. Cohen and Merton's studies gave the impression that the lower classes select the upper classes and intentionally harm them. This study clearly states that anyone is liable to become a victim of crime and acknowledges the influence of the media on crime. Living in a world where the media has such a large influence upon people it is easy to see how many crimes are exaggerated on television and in the newspapers, the term 'moral panic' used by Hall is a good description. Concentrating now on a more radical perspective the writer shall consider Taylor et al. Ian Taylor, Paul Walton and Jock Young, new criminologists with a neo-Marxist almost radical perspective, developed a theory whereby they believed criminals, out of free will, choose to break the laws set by society and decline any theories that view human behaviour as being influenced by external factors. Functionalists have quite a different opinion to this and believe almost the exact opposite to Taylor et al. Taylor et al view the individual's reason for turning to crime as ''the meaningful attempt by the actor to construct and develop his own self-perception'' Haralambos and Holborn, Pg 386. This strand of new criminology reject's theories which claim coherence with anomie, physiological perspectives and those which include the forming of a subculture, this is undoubtedly as distant in regards to Merton and Cohen's theories as is possible, without creating a new theory. Taylor et al are in complete contrast to the functionalists opinions and actually see crime and deviance as ''actively struggling to alter capitalism'' Giddens, Pg 386. They see crime as a deliberate act, more often than not, with a political basis against the state. Taylor et al hold rather a liberal view upon the capitalist society and its restrictions and would base much devotion on the freedom of a future Marxist society. They believe that ethnic minorities, homosexuals and drug users should not be persecuted but accepted by society. Taylor et al all have the belief that crimes related with property involves the redistribution of money. An example given in Haralambos and Holborn Pg 386 is that ''if a poor resident of an inner-city area steals from a rich person, the former is helping to change society'' Taylor et al come from a socialist perspective and like many other Marxists would like to see the capitalist society replaced by another type of society, Taylor et al would rather adopt a more 'socialist' society which is not only a substantial difference to the functionalists but also to conventional Marxists who would adopt a more 'communist' society. In conclusion this paper has shown that functionalists and conflict theorists hold opposing views about the nature and cause of crime and deviance. As shown above functionalists see crime and deviance as a product of society whereas conflict theorists view crime and deviance as a path chosen by the criminal. I believe, like functionalists the environment possibly created by those in power, i.e. the patriarchal government determines and influences the opportunities given to an individual. I also feel that the individuals have choices in the way they interpret and act upon the opportunities society provides - much like the conflict theorists. In my opinion, neither of these theories produce an accurate, 'whole' picture of the nature and cause of crime, however each of the theories, with their contrasting statements, contain specific characteristics which help to form the larger picture.   

''a diabetic at work without a recent insulin injection approaching the lunch break may become tense, erratic, short tempered, but that behaviour does not constitute a criminal act'' Kelly, Holborn and Makin, 1983 sited in; M. Haralambos and M. Holborn 2000 It is regarded amongst sociologists that physiological characteristics do...

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When comparing apples to pears,... When comparing apples to pears, one is not making a fair comparison, but a disproportionate comparison. Often times when international law is discussed or attempts are made to understand international law; many often attempt to compare international law with existing laws such as national law or domestic law. Making such disproportionate comparisons leads to many misconceived notions and attitudes toward international law. For an adequate comparison of international law to other laws, one should look closely at the available facts. This essay will demonstrate the vitality of international law, in a world of nations which continue to increase in interdependence. Unlike municipal law, international law is a horizontal system designed to deal with the external interactions of states between each other; whereas municipal law represents a centralized system with various institutions. In the eyes of international law, states are recognized as being sovereign and equal, although in reality some states are more powerful than others. Therefore, dealing with states of equal statue makes it difficult to force a state to behave in a particular manner. Municipal law on the other hand behaves as supreme law of the land and people of various states suffer penal consequences for not adhering to the established law of the state. In the international arena agreements are made and states uphold these agreements which they have consented and expect other states involved to do like wise. In effect, what distinguishes the rules and principles of international law from 'mere morality' is that they are accepted in practice as legally binding by states in their intercourse because they are useful to reduce complexity and uncertainty in international relations Malanczuk 6-7. As mentioned previously, municipal law is mainly concerned with state internal affairs, whereas international law pertains to the external dealings of states with one another. Taking this into consideration, dealing with external activities of a state, international law has extensive latitude. In Article 38 1 of the Statue of the International Court of Justice, the following sources of international law are acknowledged: a international conventions, whether general or particular, establishing rules expressly recognized by the contesting States; b international custom, as evidence of a general practice accepted as law; c the general principles of law recognized by civilized nations; d ... judicial decisions and the teachings of the most highly qualified publicists of the various nations, subsidiary means for the determination of rules of law 36. Sources having a technical meaning related to the law making process and must not be confused with information sources, research sources or bibliographies on international law 35. Rules expressed and recognized by consenting states are referred to as treaties and/or conventions. Treaties are codified agreements established by consenting states as means of resolving a dispute or to recognize mutual interests. Since treaties are codified, they are favored over customary law; therefore, becoming a vital part of building a more stable foundation for international law. States are required to meet their international obligations as well as formulate efforts to bring their municipal law into agreement with international law. States can not use their municipal law as a means for denying fulfillment of their international obligations. For example, the Free Zone case where France attempted to use its internal legislation to nullify an international obligation agreed to in the Versailles Peace Treaty 1919. The Permanent Court of International Justice said: 'It is certain that France cannot rely on her own legislation to limit to the scope of her international obligations' Malanczuk 64. No specific method has been established for states to follow for bringing their municipal law into harmony with international law. Several states require legislative action if a treaty conflicts or requires a change of existing municipal law. In the United Kingdom U.K., the Queen has the authority to make and ratify treaties on the advice of other officials such as the Prime Minister. However, if a treaty requires a change to English law, it becomes necessary to pass an Act of Parliament to bring English law in accordance with the treaty. If an Act of Parliament is not obtained, the U.K. is bound by the treaty as far as the international arena is concerned and accepts responsibility for the consequences that may arise as a result of not complying with the terms of the treaty. Likewise, the United States U.S. accepts treaties ratified in agreement with the U.S. Constitution as automatic municipal law. International agreements are carefully reviewed to ensure they do not violate the BiIl of Rights or other U.S. Constitutional requirements; those in violation cannot be implemented internally. Nonetheless, states have the right to modify a treaty to bring it into compliance with its internal laws; Article 21 d of the Vienna Convention defines a reservation as a unilateral statement...made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State 133. Customary law refers to the general practices of states that have come to be accepted as law. How is general practice defined? Observing a state's actions during international meetings, newspaper and television reports of a state's actions, governmental decisions made by states, and a state's daily practices can reveal the customs of various states. Just as much can be determined by one's individual choices, actions, and character; the same holds true for states. Despite the fact that all rules of international law are not as concrete as critics feel they should be, states acknowledge the need to comply with international law. For instance, it is not necessary to codify that foreign diplomats should not pay custom duties, but simply instructing custom officers not to levy customs duties on the belongings of foreign diplomats keeps the state in compliance with international law 71. No state, not even the most powerful can exist for long without interaction with the outside world; other states. The post war period after World War I and World War II, state leaders came to the realization that international forum was needed. Furthermore, this forum needed the authority to make binding decisions; especially, in the arena of maintaining world security. World security and environmental issues such as the thinning ozone layer are issues that a single state can not handle alone. Under the leadership of the United States and Great Britain, the United Nations U.N. was birthed upon the adoption of the U.N. Charter. Unlike some present day notions, the U.N. was developed to cater to a real need not an ideology; the idea was not to create a centralized international authority, but collectiveness among states for the greater good which extended beyond any individual state. Although a state can not be sentenced to prison time, international community eyes are watching and taking note of wrongs committed against fellow states for future reference. Punishments for an uncooperative state in violation of its international obligations include: Retorsion, a lawful act which is designed to injure the wrongdoing state "“ for example, cutting off economic aid. Reprisals, acts which would normally be illegal but which are rendered legal by a prior illegal act committed by the other state. The Merriam Webster dictionary defines a society as a part of a community bound together by common interests and standards. The argument selected for this essay: it is impossible to have an international system of orderly and stable relations between states without international law. Thereby, international law is a fundamental requirement of a modern, increasingly interdependent, global system of states and non-state actors. Some argue that interdependence is not the proper term to describe the current international system; instead they prefer the term interconnected. The argument claims that only 'transactions' are exchanged among states via advancements in technology. On the contrary, are rules not needed for the conduct of transfers to determine the equality of the currency or mediums being exchanged; does not the mere essence of exchange require consent; therefore, establishing a general practice? Corporations such as Nike, Honda, McDonalds, General Motors, Disney, and many others have ventured into foreign regions seeking opportunities beyond those offered by their home states. Such maneuvers require much more than the transfer of 'transactions'. Corporations going global are not only faced with cultural differences of the foreign land, but are subject to the state's internal law as well as the nationality principle which bounds them to obey rules of their homeland. Likewise, foreign states accepting aliens must treat them fairly or be guilty of breaching international law. Moreover, globalization is on the rise in the twenty-first century. Companies like the potential profits and other benefits associated with putting aside differences for the sack of common interest and its rewards. Chaos in such situations is ineffective; order is needed to develop a system which benefits the best interests of all involved parties. People as well as states are happy when their needs and desires are met; it is when states feel threatened that they become uncooperative. The deduction made that a society, even if society of states can not exist without laws for governing the society "“ any relationship whether two people or two nation-states, involves compromise. Even since the beginning of mankind, Adam and Eve, the union of the first society required rules; they were not free to fulfill their heart's desires, but to serve a higher purpose.   

When comparing apples to pears, one is not making a fair comparison, but a disproportionate comparison. Often times when international law is discussed or attempts are made to understand international law; many often attempt to compare international law with existing laws such as national law or domestic law. Making...

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