Wednesday, November 27, 2019

Human Rights and International Law an Example of the Topic Government and Law Essays by

Human Rights and International Law Need essay sample on "Human Rights and International Law" topic? We will write a custom essay sample specifically for you Proceed The special concern of the international law of human rights is action and inaction by states. The behavior of states has traditionally been the sole concern of international law...; the behavior of others has traditionally been the concern of domestic law... `International law doctrine now goes beyond state duty not to interfere with international human rights, to hold states accountable for not acting positively to ensure rights. Moreover,... international law now obligates states to use due diligence to prevent, investigate and punish systematic and egregious human rights violations between private actors Undergraduates Often Tell EssayLab professionals: I'm not in the mood to write my essay. Because I want to spend time with my boyfriend Professional writers advise: Calculate The Price and get your college papars for sale online In order to pursue such interests, there exist specific legal mechanisms for protecting human rights as well as monitoring abuses. Further, increasingly these mechanisms are expanding to include avenues for prosecution and punishment of human rights abuses. However, although significant gains have been made in this area, there still exist cases in which international human rights law and domestic law clash. When this happens, serious difficulties arise in the fight to uphold human rights. In a perfect world, however, the fight for human rights is expanding. Based upon a combination of international humanitarian law (specifically applicable in times of armed conflict), and international human rights law, both are a body of international rules, agreed upon by treaty or custom. International Humanitarian law protects persons and property that are, or may be, affected by an armed conflict and limits the rights of the parties to a conflict to use methods and means of warfare of their choice (ICRC 2003). The legal treaties in which these rules are established are within the Geneva Conventions of 1949 and the Additional Protocol I (1977) and Additional Protocol II (1977). The complement to this, International Human Rights Law is the set of international rules (again derived from treaty or custom) which govern the rights inpiduals and groups can expect from governments in general (2003). According to the principle, these rights are inherent entitlements which belong to every person as a consequence of being human (2003), and is codified by the treaties International Covenants on Civil and Political Rights and on Economic Social and Cultural Rights (1966), Conventions on Genocide (1948), Racial Discrimination (1965), Discrimination Against Women (1979), Torture (1984) and Rights of the Child (1989) (ICRC 2003). In addition, a large number of soft laws which are not based on treaty are included under this category. It is important to note that the existence of these two branches of human rights laws are established to cover the greatest amount of possible circumstances while still remaining wieldy and effective. For example, International Humanitarian laws and provisions are considered rigid, and no departures from their principles are permitted, regardless of circumstance. However, International Human Rights laws do allow governments (in some instances) to depart from or derogate from specified rights in situations of public emergency threatening the life of the nation (2003). However, this does not mean that governments in times of public emergency threatening the life of the nation have cart blanch to disregard human rights. Instead, according to the law, derogations must be proportional to the crisis at hand, must not be introduced on a discriminatory basis, and must not contravene other rules of international law including rules of International Humanitarian Law (2003). In addition to the above limitations, there is a class of human rights set aside by these laws that are not derogable under any circumstances. These include the right to life, and the protection from torture, cruel, inhuman, or degrading treatment or punishment, slavery, servitude, and retroactive criminal laws (2003). Thus, even in times of extreme peril, governments may not resort to any of the above activities against any person or group. Both International Humanitarian Law (IHL) and International Human Rights Law (IHRL) legally bind governments (and in some cases non-government groups or non-state actors). Specifically, IHL covers both state and non-state actors in armed conflicts, while IHRL binds governments. Additionally, in some cases under IHL laws, inpidual persons may be held criminally responsible for what is known as grave breaches of the Geneva Conventions and Additional Protocol I, as well as for anything deemed to be war crimes (2003). Even in IHRL some inpidual criminal activities are punishable, provided that they are international crimes including genocide, crimes against humanity and activities that constitute torture (2003). These laws are enforced and prosecuted by the International Criminal Court, as well as the ad hoc International Criminal Tribunals for the former Yugoslavia and Rwanda. Further, the states themselves are bound to implement IHL and IHRL laws and must actively prevent and punish war crimes by establishing relevant legislation, apply fundamental and judicial guarantees, implement IHRL rules, and provide legislative, administrative, judicial and other measures that may be necessary to give effect to the rights provided for in the treaties (ICRC 2003). Thus, inpidual states (governments) are required to take such actions as developing criminal laws to prohibit and punish acts against IHRL and IHL treaties. Collectively, governments agree to be bound by a supervisory system which includes the Protecting Power mechanism, the inquiry procedure and the International Fact-Finding Commission (2003). Given, then, that these rights, laws, and protections of human rights exist, the above mechanisms are expanding beyond idealistic rule-making to real enforcement. The aftermaths of the recent Balkan wars are excellent examples of this. However, clashes remain between international human rights laws and domestic law in protecting human rights. One contemporary example of this problem is the United States use of interrogation techniques that violate the Geneva Convention. Specifically, in 2002, allegations emerged concerning detainees in U.S. custody in Afghanistan or while held by United States allies. In a Washington Post article, authors allege that people held in Bagram Air Base in Afghanistan have been subjected to interrogation techniques which fit the Geneva Convention definition of torture. According to groups like Human Rights Watch, these people are guaranteed freedom from this treatment, be they captured combatants, civilians or criminal suspects (HRW, 2002). According to Human Rights Watch, these allegations are severe, in that Direct involvement or complicity in torture, as well as the failure to prevent torture by subordinates, may subject U.S. officials to prosecution under international law (2002). Further, Such acts are grave breaches, or war crimes, under the 1949 Geneva Conventions. Clearly, the prohibition against the above behavior is clear, and one would imagine that governments like the United States would have been immediately bound to stop such activities or risk prosecution. However, the reaction of the Bush administration illustrates the possible barriers and loopholes to block the very mechanisms that are expanding to prosecute and punish such abuses. Indeed, the United States reacted to this by attaching a signing statement to the McCain anti-torture legislation that relies on the presidents Commander-in-Chief power to undermine domestic legislation and treaty provisions prohibiting the torture and cruel, inhuman, and degrading treatment of detainees in U.S. custody (Palmer 2006). Specifically, the administration took steps to reclassify what constitutes cruel, inhuman and degrading treatment as outside the sphere of U.S. interrogation techniques. Clearly, the remedy for such actions (and the similar actions of other states) is to be found in the authority of the greater international community of treaty members, and with the agreed upon jurisdiction of the international courts. However, given the strong geo-political power of superpower nations like the United States, there remains the question of how to enforce the law against immensely powerful entities. As of today this continues to be a significant problem that undermines the future of Human Rights protections globally. One remedy, however, that may temper the reinterpretation trend begun by the Bush administration is for future leaders to recognize the folly of reinterpretation out of simple self-interest. After all, if torture can be interpreted to serve the needs of one state, it only follows that all states may follow suit, putting all in jeopardy. Until the majority of governments come to that realization, the on the ground implementation of human rights law will remain imperfect. However, for now the world must deal with the imperfection of what is, and continue to work toward what should be in a world of ideals. References Cook, Rebecca J. 1994. Womens International Human Rights Law: The Way Forward. Philadelphia: University of Pennsylvania Press. HRW. Human Rights Watch. Staff. 2002. Human Rights Watch News: United States: Reports of Torture of Al-Qaeda Suspects. ICRC. International Committee of the Red Cross. Staff. 2003. International Humanitarian Law and International Human Rights Law: Similarities and differences. [Online]. Available: http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/57JR8L/$FILE/IHL_and_IHRL.pdf? Palmer, Rebecca. 2006. Reinterpreting Torture: Presidential Signing Statements and the Circumvention of U.S. and International Law. [Online]. Available: http://www.wcl.american.edu/hrbrief/14/1palmer.pdf Perry, Michael J. 1998. The Idea of Human Rights: Four Inquiries. New York and Oxford: Oxford University Press, page 44-45

Sunday, November 24, 2019

Poetry Analysis of Introduction to Poetry by Billy Collins Essays

Poetry Analysis of Introduction to Poetry by Billy Collins Essays Poetry Analysis of Introduction to Poetry by Billy Collins Paper Poetry Analysis of Introduction to Poetry by Billy Collins Paper Essay Topic: The Poems Of Billy Collins The Poem â€Å"Introduction to Poetry† is by Billy Collins, an English poet, and it is about how teachers often force students to over-analyze poetry and to try decipher every possible meaning portrayed throughout the poem rather than allowing the students to form their own interpretation of the poem based on their own experiences. Throughout the poem, a number of literary devices are used. For example: â€Å"or press an ear against its hive†. Using this metaphor, Billy Collins is comparing the body of a poem to the hive of a bee. The hive of a bee appears to be something dangerous and unknown, just like a new poem, never before seen, with which one is unfamiliar. Using this metaphor, Billy Collins is suggesting that one should get an energy of the poem by reading it just as one would get a sense of energy by pressing one’s ear to a hive of a bee. The nature of a bee is particularly busy and bees are creatures that seem to be constantly on the go. In this way, Billy Collins is suggesting that whilst the reader is digesting the poem, he or she should constantly be ‘feeling’ the poem and be busily analyzing it. By comparing the poem to a hive, he is also saying that, like a hive, a poem is full of intense life. The characteristics shared by both the two metaphoric images are very similar, thus, it is an effective comparison. The poem is effectively personified once again through the lines: â€Å"or walk inside a poem’s room†. Here, Billy Collins suggests that the poem’s room, in other word, its body or what the poem contains, like a room of a person, defines the poem. One can learn a lot about another by viewing his or her room. Like a room too, which is private and should not be invaded, one should not invade a poem in the sense that one should not analyze it too heavily. Another effective metaphor, â€Å"I want them to water-ski across the surface of the poem† is used in this poem. Billy Collins is comparing water-skiing across the surface of the water to the way in which he believes poems should be read which is gently and merely on the surface. This is an effective metaphor as water-skiing brings about a great sense of joy and is fun, just as reading a poem – in Billy Collins’ opinion – should be. The use of onomatopoeic devices and onomatopoeic words are abundant in this poem. For instance, â€Å"I say drop a mouse into a poem† is a line whereby the word â€Å"drop†, a very onomatopoeic word, effectively suggests that the reader of a poem must gently analyze a poem. This is portrayed through the gentle ‘p’ sound of the word and this is therefore effective as the reader gets a sense of the gentleness Billy Collins wishes his readers had when it comes to analyzing poetry. The fact that enjambment is used throughout the poem such as in the lines, â€Å"like a colour slide or press an ear against its hive† portrays a lack of structure and therefore emphasizes the initial enjoyment one feels when reading a poem before the chore of analyzing it begins. This is also emphasized through the fact that the poem is a free verse poem. The poem suddenly becomes much darker in the last stanza and a Billy Collins explains how teachers, students or general readers of poetry ‘torture’ a poem by being what he believes is cruelly analytical. He says, â€Å"all they want to do is tie the poem to a chair with rope and torture a confession out of it†. Here, the poem is being personified yet again and this brings about an almost human connection between the reader and the poem. This use of personification is effective as it makes the reader feel somewhat guilty for over-analyzing a poem. This line is also a metaphor. The way in which one analyzes a poem is being compared to a victim being tied down to a chair and having a confession tortured out of them. This metaphor is effective as, like a rope pinning down a person would be very restrictive, over-analyzing a poem narrows the focus and constricts it from simply allowing it to be. They begin beating it with a hose to find out what it really means†. This is a continuation of the metaphor and is highly effective as it strongly portrays a sense of inhumanity through the choice of ‘hose’ as an object with which to torture as opposed to a typical weapon. One can just imagine how painful this would be and again, forces the reader to almost empathize with the poem. The poem sends a powerful message to its readers and is significantly clear in its message to not delve too deep into the message o f a poem.

Thursday, November 21, 2019

Alternatives to Microsoft office Essay Example | Topics and Well Written Essays - 500 words

Alternatives to Microsoft office - Essay Example The most notable of alternative office software packages is the OpenOffice.org suite. OpenOffice.org is free to download, and is completely open source. It can be used freely for any reason, including commercial. The software will never expire, and the wording of the licensing agreement ensures that any user who downloads a free copy can never be charged for it even if there are later policy changes. The program is capable of opening and reading documents in most formats, including the standard .doc*, .ppt*, and .xls* file types, as well as saving files into pre-2007 formats and PDF documents. There is no capacity to save into the .*x format, but as the current Microsoft Office suite is backwards compatible to that format, even when sending files to other users this is a non-issue (OpenOffice.org). The Microsoft Word alternative, OpenOffice.org Writer, and the Powerpoint alternative, OpenOffice.org Impress, are nearly identical in features offered and ease of use. The layout is simil ar to pre-2007 Office and so feels comfortable and familiar to most users of the Office software bundle (OpenOffice.org). However, OpenOffice.org Calc and Base, the products comparative to Microsoft Excel and Access, leave much to be desired in calculating power and data analysis.