Unfair Dismissal Problem Question

Unfair Dismissal Problem Question This question would be regarding on the areas of unfair dismissal, wrongful dismissal and whether Carmen could bring a claim under Employment Tribunal(ET) for her dismissals. Firstly, Carmen would need to fulfil the qualifications under ACAS to bring a claim. Carmen would need to proof that she is the employee of the hospital and had worked for the same employer for at least 2 years after 6th of April 2012. On the facts, she is a nurse who work in Mount Vernon Hospital, Wimbledon, London for the past 11 years. Next, she would then need to prove that she has ordinarily working within United Kingdom(UK) as per the case of Ravat v Halliburton Manufacturing and Services Ltd[1]. On the facts, she had worked in London which it is clearly within UK. Then she would then need to prove that she was not employed on an illegal contract and not under the exclusion of class which is the armed forces. On the facts, it is clear that she is employed lawfully as a nurse and she was not in the excluded class. Furthermore, she has the burden of proof to prove that she had been dismissed under s.95 of Employment Rights Act 1996(ERA).[2] On the facts, she had been summarily dismissed which is dismissal without notice as she was alleged to be breach in contract due to her drunkenness in work. Moreover, she would need to bring the claim by submitting a form of ET1 for her unfair dismissal claim to the Employment Tribunal nearest to her employer in 3 months from the effective date of termination of the employment contract. However, Carmen would also need to send her employer and her contact details to the The Advisory, Conciliation and Arbitration Service(ACAS) as they will attempt to conciliate within one month under s.7 of the Enterprise and Regulatory Reform Act 2013(ERRA) which came into force in April 2014. If it fails, then the officer will issue a certificate to this effect and Carmen would need this certificate to file the ET1 form. On the facts, the effective date of termination for Ca rmen would be the date of she received the summary dismissal letter as per s.97(1) of ERA. However, the employer would have a defence if the reasonableness for the dismissal could be justified. The burden of proof would then shift to the employer. The Mount Vernon Hospital would need to prove that they had honestly believe that the facts disclosed a fair reason at the time of dismissal of Carmen and there is no need for a positive proof that the offence has been committed as per Devis Sons Ltd v Atkins[3]. However, an evidence would be considered if it relates directly to the reason for the dismissal. There could be more than one reason but if one of the reasons cannot be substantiated, the employers defence would fail even if the other reasons are valid as per Smith v City of Glasgow DC[4]. On the facts, the Mount Vernon Hospital would argue that Carmens dismissal was due to her drunkenness at work which was witnessed by Kelly where she smells alcohol in Carmens breath and her speech was slurred. Thus, the test laid in the case British Home Stores v Burchell[5]would be discussed to determine the reasonableness for Carmens dismissal as it was a misconduct dismissal. It is a 3 steps test which includes whether the employer reasonable belief the misconduct, whether it is based on reasonable grounds and whether a reasonable investigation that has been carried out. Firstly, in Salford Royal NHS Foundation Trust v Roldan[6] where it follow the test laid down in Burchell, it was held that the proof of misconduct would not need to be irrefutable. On the facts, it could be argued that the Mount Vernon Hospital had reasonably belief that Carmen was drunk in her work as the proof was that the Kelly had witnessed the incident. Then, the Mount Vernon Hospital would need to show that the belief was based on a reasonable ground. On the facts, it could be argued that it was based on the fair ground of Carmens misconduct under s.98 of ERA 1996. Next, the employer would need to carry out reasonable investigation on the established facts as per Stuart v London City Airport[7]. However, on the facts, it was unclear whether there is a reasonable investigation for Carmens misconduct. An investigation is also required to be carried on employees defences as per Shrestha v Genesis Housing Association[8]. On the facts, it could be argued that the investigation was not clear enough as the Mount Vernon Hospital did not investigate the explanation provided by Carmen herself. Furthermore, Carmen had explained about her alcohol breath was due to the non-alcoholic wine and the slurred speech was due to the tiredness of working 12 hours for the past 5 days. However, this point was not taken by the Mount Vernon Hospital and they decided to just plainly believe the words of Kelly. The Code of Practice states that the employer should informed the employee formally in writing when there is a disciplinary matter and the employer should hold a meeting to discuss the matter as an employee is entitled for a fair hearing as per the case of Clark v Civil Aviation Authority[9]. Moreover, Carmen should also be informed that disciplinary action is being considered and the reasons for it as per Alexander v Bridgen Enterprises Ltd[10]On the facts, Carmen only received an invitation for a disciplinary meeting on but the reason of the meeting was not stated in the email. Even though the invitation was sent through an email, it would still be regarded as a form of in writing as per Wang v University of Keele[11]. Furthermore, the meeting should be held as soon as possible but there must be a sufficient time given to the employee to prepare his case. On the facts, it could be argued that there is not enough time given for Carmen as the meeting was held on the next day after th e incident. Other than that, the Mount Vernon Hospital must also allow Carmen to be accompanied by a companion to attend the meeting as per s.10 of Employment Relations Act 1999 and Stevens v University of Birmingham[12]. However, it was unclear whether that she was accompanied by someone to the meeting on the facts. Next, employee should be informed of the decision in writing and be informed of the opportunity of to appeal. On the facts, Carmen was informed of the decision by a letter and was informed of an opportunity of appeal. However, on the facts, Carmen thought that it was not worth appealing. The tribunal is also required to direct itself using the terms set out in s.98(4) of ERA 1996 which requires it to only consider the reasonableness of the employers conduct and not fairness to the employee. The tribunal would need to determine whether did the employer utilise a fair procedure and an employer is expected to observe a fair procedure open to a reasonable employer as per Polkey v Dayton Services Ltd[13]. A fair procedure guidance could be found in ACAS Code of Practice on Discipline Grievance 2015[14]. This test has been laid down by Lord Browne Wilkinson in Iceland Frozen Foods v Jones[15]which was also confirmed by P.O. v Foley[16]. Moreover, the tribunal would need to determine whether a reasonable employer might have adopted the same approach and reach to the same decision. The tribunal must not answer this question by substituting themselves for the employer. The substitution happens when the tribunal decide what would they have done if they were the employer. This approach has also been confirmed in Sainsburys Supermarkets Ltd v Hitt[17] where it was held that the test also question that whether the employers investigation into the suspected misconduct was a reasonable one in the circumstances. This test would still comply with the Article 8 of European Convention of Human Rights(ECHR) even though personal privacy might be invaded during the investigation as the traditional band of the test itself was compatible with the Article 8 in the case of Turner v East Midlands Trains[18]. On the facts, the investigation was not held thoroughly as stated above. Other than that, under s.98(4) of ERA 1996, it requires the employer to consider the merits or equity of the case. The employer would need to consider the employees length of service as per Strouthos v London Underground[19]. On the facts, the Mount Vernon Hospital clearly did not consider these factors of Carmen as she still has been dismissed even though she had worked in the hospital in the past 11 years and had a very good performance in her work. Furthermore, the Mount Vernon Hospital should also consider that whether the employee had acted consistently and whether is there a better alternative disciplinary action. On the facts, Carmen had a clean disciplinary record and there is no other similar incident happened after her misconduct. Hence, it could be submitted that Carmen had acted consistently as she had a good performance for the past 11 years as stated above but this was not considered by the Mount Vernon Hospital. Furthermore, it was held that in Diary Produce Packers Lt d v Beverstock[20] and Taylor v Alidair[21] that first offences of misconduct have to be very serious to justify the dismissal. On the facts, the Mount Vernon Hospital should have given a warning for her action instead of a dismissal as a better alternative. This is due to the severity of the reason of the dismissal, Carmen may not be employed by other employer in the future and this would affect her career. Other than that, Carmen may bring a claim under wrongful dismissal. A dismissal in breach of contract without notice or insufficient notice would be a wrongful dismissal. Wrongful dismissal is governed by common law action for breach of contract. It would be a wrongful dismissal if there is none or the notice period provided by the employer to employee is less than the minimum notice period under s.86 of ERA 1996. On the facts, a notice for Carmens dismissal was given by the Mount Vernon Hospital. However, the notice was given was less than the minimum notice period required. Hence, since Carmen had worked for the hospital for 11 years where she met the requirement of two years continuity, she would be entitled to 11 weeks with a maximum of 12 weeks of notice period. However, the Mount Vernon Hospital may argue that it was a summary dismissal as the is a repudiatory breach of contract by the Carmen. On the facts, it would be the gross act of misconduct where she was accused for being drunk during work. Hence, the Mount Vernon Hospital is entitled to dismiss her without any notice as they could argue that a serious act of negligence had been committed by Carmen which is being drunk during working time as per the case of Pepper v Webb[22]. However, Carmen would then argue that it was an alleged misconduct as she was not drunk at all as stated on the facts. Hence, if the ET held that there is no gross misconduct committed by Carmen or the misconduct was not so bad to be considered as gross, the Mount Vernon Hospital would then be held to be wrongfully dismissed Carmen as the notice given were less than statutory minimum notice period. In conclusion, in relation to the unfair dismissal claim, Carmen would be eligible to make a claim to ET. As stated above, it could be submitted that the Mount Vernon Hospital had unfairly dismissed Carmen due to the following reasons. Firstly, the Mount Vernon Hospital had failed to provide a fair procedure for the dismissal by failing to conduct a proper investigation and failed to give sufficient time for Carmen to prepare her case. Moreover, as stated above, the Mount Vernon Hospital would also fail the band of reasonable response test and failed to consider the merit and equity of the case under s.98(4) of 1996. The remedies available for Carmen in this issue would be reinstatement, reengagement, compensation of basic award, and compensatory award. On the facts, the maximum basic award of compensation that Carmen could claim would be  £5269 and it would be another 25% raise of the award due to the failure to follow the ACAS Code of Practice by the hospital. Other than that, sh e could also claim for a maximum compensatory award of  £78,962. However, the requirements for this which laid down in Norton Tool Co Ltd v Tewson[23] would be harder to be fulfilled by Carmen. Lastly, Carmen could also bring a claim under wrongful dismissal as there was an insufficient of notice period for her dismissal. The remedy available for Carmen for this issue would be to claim for a compensation with a maximum award of  £25,000 by bringing an action to employment tribunals for breach of contract. As stated above, a wrongful dismissal would be a breach of contract. [1] Ravat v Halliburton Manufacturing and Services Ltd [2012] UKSC 1 [2] Employment Rights Act 1996, s.95 [3] Devis Sons Ltd v Atkins [1977] AC 931 [4] Smith v City of Glasgow DC [1987] IRLR 326 [5] British Home Stores v Burchell [1978] IRLR 379 [6] Salford Royal NHS Foundation Trust v Roldan [2010] EWCA Civ 522 [7] Stuart v London City Airport Ltd [2013] EWCA Civ 973 [8] Shrestha v Genesis Housing Association [2015] EWCA Civ 94 [9] Clark v Civil Aviation Authority [1991] IRLR 412 [10] Alexander v Bridgen Enterprises Ltd [2006] UKEAT 0107_06_1204 [11] Wang v University of Keele [2011] IRLR 542 [12] Stevens v University of Birmingham [2015] EWHC 2300 (QB) [13] Polkey v Dayton Services Ltd [1987] AC 344 [14] ACAS, http://www.acas.org.uk/media/pdf/d/r/Discipline-and-grievances-Acas-guide.PDF , Discipline and grievances at work, accessed on 28 February 2017 [15] Iceland Frozen Foods v Jones [1982] ICR 17 [16] P.O. v Foley [2000] EWCA Civ 3030 [17] Sainsburys Supermarkets Ltd v Hitt [2003] EWCA Civ 1588 [18] Turner v East Midlands Trains [2012] EWCA Civ 1470 [19] Strouthous v London Underground [2004] EWCA Civ 402 [20] Diary Produce Packers ltd v Beverstock [1981] IRLR 265 [21] Taylor v Alidair [1978] IRLR 82 CA [22] Pepper v Webb [1969] 1 WLR 514 [23] Norton Tool Co Ltd v Tewson [1973] 1 All ER 183

International Law and International Organization

International Law and International Organization Introduction Generally public international law primarily is the laws of states, in all its forms. This includes the many international dealings of states with each other. The purview of international law includes the institutions which operate under its broad coverage.[1] International law is presupposed on the concept of equality of states, which are subject to international laws, subject to their recognition of any rule of law as binding upon them, with the same principle applying to the courts. Hence for the system of international law to be further recognizable, there comes the need for international organizations or institutions. Thus, if there is no identifiable institution either to establish rules, or to clarify them or see that those who break them are punished, how what can is called international law be law.[2] The role of force in international law has been largely misinterpreted to favor powerful states, hence the equality of states in international law, but without a unified system of sanction in international law, the use of indiscriminate force by nation-states would be almost inevitable.[3] The inability of the structure of international law to properly deter any aggressor country would continually breed new levels of aggression amongst states, hence the need for international organization.[4] History of Relationship between International Law and International Organization. International law has been developing steadily since the Second World War, and forces have been consistently playing a critical role in the international scene, as this include international organizations. As the complexities of life has multiplied so has the response of international law. International organizations are product of the ingenuity of corporate international to spread its globalization and promote international law. Meanwhile, among many international organizations, the United Nations facilitates international diplomacy, the World Health Organization coordinates international public health and protection, and the International Labor Organization monitors and fosters workers rights around the world.[5] Historically, international law addressed only relations between states, and war was the major reason for international diplomacy between countries, but today international organization have a major part to play in the executing of international goals. Treaties are the foundation for the establishment for international organization, and usually the establishment treaty or agreement is what determines the limit and extent of the powers of the organization. International organizations have a limited degree of international personality, especially vis-à  -vis member States. They can enter into international agreements and their representatives have certain privileges and immunities. The United Nations gets its power from the charter of the United Nations 1945, and in the dispensing of its functions it is divided into different arms. History of international organization in world politics today The idea of nations-states having and establishing bodies to secure its interest in another country or promote a certain cause around the world is not new to international legal system. Without going back into medieval Europe where countries had consuls which represented the interest of their mother nation. The private International associations sprang from the realization by non-governmental bodies, whether private individuals or corporate associations, that their interests had an international character which demanded the furtherance of those interests via a permanent international association with like bodies in other countries. In those fields where co-operation between governments became imperative, there developed the public international unions; these were, in fact, an essay into international organization in the administrative sphere. There developed a gradual transition from the private corporate unions to international organization.[6] Thus, in 1840, the world Anti-Slavery Convention was established, and in 1863 a Swiss philanthropist, Henry Dunant, Created the Red Cross.[7] Modern international organizations The need for increased international participations and cooperation fostered the need to developed more stable organizations to checkmate the politics of the nation-states hence acting independent of the states i.e. subject only to the agreement creating them. The powerful nature of states and sovereignty of these states led to the private international charter companies becoming an extension of their home countries, hence a need to bring more independent organization. In 1903 the International Office of Public Health was created, and in the field of economics the establishment of the Metric Union (1875), the International Copyright Union (1886), the International Sugar Union (1902) and the International Institute for Agriculture (1905) may be mentioned as early forerunners of present-day international organization. A major breakthrough for modern international organization was in the year 1919 and the Versailles peace Settlement which followed the First World War, American president advocated for a general association of nations.[8] The League of Nations was the first international organization which was designed just to organization operation between states as a result of the war, its specific aims was to guarantee peace and the establishment of a system of collective security, following which an attack against one of the member-states of the League would give the rest the right to come to the attacked states rescue, but sadly the league of nations failed in preventing war, which was its major objective. In 1945, the United Nations was established as a successor to the League of Nations. Since the creation of the UN, much of international law and diplomacy has been developed, shaped, implemented, and enforced through U.N. bodies and related international organizations. International organizations both make international law and are governed by it.[9] Functions and Structures of International Law and Organizations In an attempt to discuss the structure of international law and international organizations, to highlight the sources of international law and its enforcement mechanisms. It is of general knowledge that the main function of international law is to promote peace and cooperation among nations-states, any other function would be specific to an arm or organization operating in the international sphere. A vast network of international laws and dozens of international organizations make globalization possible, the scope and authority of international law have thus expanded dramatically during the era of globalization. Historically, international law addressed only relations between states, but globalization has changed international law in numerous ways. For example, as globalization has accelerated, international law has become a vehicle for states to cooperate regarding new areas of international relations (such as the environment and human rights).[10] Because of the need for enhanced international cooperation, age hold topics of sovereignty are becoming malleable.[11] The structure of international law involves, Public International Law (The relationship between sovereign states and international entities such as International Criminal Court and international criminal courts), Private international law, this involves jurisdictional conflict in resolving transnational issues. Since there is no parliament to make international law the way domestic Legislatures create laws for one country, the major source of international is treaties between states, also the customary state practice, general principles of law common to many countries, domestic judicial decisions, and the legal scholarship.[12] Enforcement of International Law and Structure of Organisation Within International Law In an international system where there is no overarching authoritative enforcer, punishment for non-compliance with the rules of public international law rules, hence the deriding insinuations that it is not law. Some of the enforcement mechanism in the international legal system include Reciprocity is a type of enforcement by which states are assured that if they offend another state, where the other state is primed to respond in the same measure. There is mutuality of response, as was witnessed in the cold war, between geopolitical powers of the era. The fear of reprisal or reciprocal action act as a form of deterrence, to prevent a state from committing acts against another state which it may not itself be able to withstand. The killing of prisoners of war or the imposition of heavy tariffs on products from a certain country to limit the imports. Guarantees of reciprocal reactions encourage states to think twice about which of their actions they would like imposed upon them. Collective action: several states act together against one state to produce what is usually a punitive result, in a bid to force such state from refraining from an act or from continuing with an action. Example is the commonwealth sanction of South Africa during the apartheid regime. Similarly, the United Nations imposed joint economic sanctions, such as restrictions on trade, on South Africa in the 1980s to force that country to end the practice of racial segregation known as apartheid. Name and shame:[13]Most states dislike negative publicity and will actively try to avoid it, so the threat of shaming a state with public statements regarding their offending behavior is often an effective enforcement mechanism. This method is particularly effective in the field of human rights where states, not wanting to intervene directly into the domestic affairs of another state, may use media attention to highlight violations of international law. In turn, negative public attention may serve as a catalyst o having an international organization address the issue; it may align international grassroots movements on an issue; or it may give a state the political will needed from its populace to authorize further action. A recent example of this strategic tactic was seen in May 2010, when the U.N. named the groups most persistently associated with using child soldiers in Asia, Africa, and Latin America[14] However since international organizations are established under international law, law serves two important purposes in relation to international organizations. On the one hand international organizations rely upon law and legal technique as the primary means of their protection[15]. On the other hand one of the major claims to legitimacy of international organizations is their rational-legal foundation. It is therefore important to provide a legally coherent account of the relations between international organizations and national legal systems, particularly where the rights of individuals are concerned.[16] The constituent instrument establishing the organization will set out the functions and goals of the organization and the structures and powers through which these are to be achieved. In particular international organizations are usually endowed with organs of their own, including an assembly or council, at which the membership is represented in plenary, to determine the direction and policy of the organization, and a permanent staff employed by the organisation which will at very least service the representative organ, but also will often carry out the policies of the organization or assist, supervise or coordinate their execution by others. Some organizations, or course, have more sophisticated organic structures requiring more clearly defined separation of powers. Political and Economic Interdependency Within The Organisation and The States International organizations, otherwise known as intergovernmental organizations, or IGOs, are formed between two or more state governments. Some IGOs operate by making decisions on the basis of one vote for each member-state, some make decisions on a consensus or unanimity basis, while still others have weighted voting structures based on security interests or monetary donations. In the General Assembly of UN, each state has one vote, while in the Security Council, five states are permanent members and have a veto over any action. The World Bank arranges its voting according to the Member States shareholding status, which is roughly based on the size of the states economy. This is often thought of as the one dollar = one vote approach to representation. There are nearly 2,000 international organizations that deal with a wide variety of topics requiring international cooperation, such as the International Civil Aviation Organization, the Universal Postal Union, the International Organ ization for Standardization, and the International Organization for Migration (United Nations, 2003). The relationship of an organisation to its member States is complex and multi ­faceted, On the one hand the organisation is the servant of the member States, in that the member States as a collectivity establish the organisation, fund it and determine its direction and policy.[17] However once the organisation is established individual members owe numerous duties to the collectivity, including not only the specific duties contained in the constituent instrument such as to contribute to the funding of the organisation, but also duties of good faith and cooperation[18] It follows that where the membership has collectively empowered an organisation to act, each member States must respect the rights of an organisation to act accordingly, and must eschew any interference which would amount to an undue unilateral attempt to modify the collective will. The United Nations Charter 1945 Article 100 provides: In the performance of their duties the Secretary General and the staff shall not seek or receive instructions from any Government or from any other authority external to the Organisation. They shall refrain from action which might reflect upon their position as international officials responsible only to the Organisation. The implication of the above is that the United Nations in the charter was trying to forged an isolated relationship and freedom from interference from states and hence the United Nations is not an extension of any country and the principle of equality of states is enshrined in Articles 2 of the charter 1945, and this was departure from the position under the league of nations where governments were responsible for their national in the league civil service, hence one of the many factors that contributed to the failure of the league of nation was the inability to secure freedom from the nation states. Article 105(2) of the charter provides for independence and immunities to necessarily exercise independent functions. A key feature of the united nation which highlights the interdependence between the organization and the states is the Charter also provides that, in the territory of each of its members, the Organisation shall have such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes (Art. 104). This has been interpreted to confer on the United Nations organisation legal personality subject to the laws of the nation states, i.e. to enable it to contract, hold and dispose of property and to be party to legal proceedings.[19] In the reparations case that the Organisation had the capacity to bring an international claim against both a government (de jure or de facto) of a Member State and of a non-Member State, responsible for injuries to an agent of the Organisation in the performance of his duties, with a view to obtaining reparation in respect of damage caused to the Organisation[20] Finally the interdependence of the UN, for its enforcing of international obligations on members states is the bane on the organisation. In the quest not to create a super state superior to all states which a members of it are. The fear by the states was not surrender their sovereignty to the UN, and hence the UN is more of a cajoling organisation. Until the UN, can enforce international obligations without the help of the strong state, the UN may not be said to be fairly balanced to handle international aggression. International Law and the Need for Multilateral Intervention State sovereignty is the concept that states are in complete and exclusive control of all the people and property within their territory. State sovereignty also includes the idea that all states are equal as states, since all states are equal in this sense, one State does not have the right to interfere with the internal affairs of another state. Practically, sovereignty means that one state cannot demand that another state take any particular internal action. Under the concept of state sovereignty, no state has the authority to tell another state how to control its internal affairs. Sovereignty both grants and limits power: it gives states complete control over their own territory while restricting the influence that states have on one another. Globalization is changing this view of sovereignty Similarly, states no longer view the treatment of citizens of one state as only the exclusive concern of that state. International human rights law is based on the idea that the entire global community is responsible for the rights of every individuals.[21] Multilateral intervention by a 3rd party state maybe views as any form of external force which attempt to limit the external sovereignty of a state. This may be the imposition of sanctions by the UN, acting as a front for the powerful member states to secure their own national interest. Otherwise multilateral intervention may be the intervention of a state in another to protect the former national interest through war. The law of armed conflict (also called the law of war) can be divided into two categories. The first concerns the legitimate reasons for starting a war, known by its Latin terminology, jus ad bellum (Right to Wage War). The laws during war, jus in bello (Justice in War), are also called international humanitarian law. Article 2(4) UN Charter All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.(United Nations, 1945). Some regard this as the prohibition of the use of force outside of UN-approved actions. On the other hand, others consider this clause only non-binding rhetoric, especially considering the history of armed conflict since the UNs birth in 1945. In my opinion the UN Charter and CIL do recognize that a state is entitled to use force without international approval when it is acting in self-defense. However, the events that trigger this right to self-defense are subject to debate. Most international lawyers agree that self-defense actions must be immediately necessary and proportional to the attack the state is trying to repel. Russian aggression against Georgia in 2005. The applicability of Art. 2.4 In this era of terrorism and weapons of mass destruction, some contend that legal self-defense also extends to pre-emptive attacks to prevent the development of a military threat. Geneva Conventions of 1949 (ICRC,1949 Some of the most important principles of jus in bello are that there must be a valid military purpose to every attack (military necessity), that attackers must try to avoid killing non-combatants (the principle of distinction between military and non-military targets), and that if non-combatants are killed, their deaths must be in proportion to the military necessity of the attack (proportionality). Once armed conflict has begun, international humanitarian laws begin to apply.[22] New directions in international law and organization interdependency This is the new world order, to create a more central world, as certain challenges are global in nature and there may be need to act swiftly irrespective of territorial sovereignty. International Human Rights Law International human rights law is different from most areas of international law because, rather than governing relations between states, human rights law governs a states relations with its own citizens. The modern human rights law movement has its roots in the post-WWII trials of Nazi leaders at Nuremburg. The world community recognized that the mass atrocities committed during WWII were too serious to be handled under domestic laws because the crimes committed were crimes against all of humanity. Subsequently, the creators of the UN recognized the reaffirmation of fundamental human rights as one of its most important purposes, and in the first year of its existence, set out to ensure that goal. The first step took place when The Human Rights Commission-at the time the lead UN body of human rightsproduced the International Bill of Human Rights, which is composed of the Universal Declaration of Human Rights and two binding treaties, the International Convention on Civil and Politica l Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). On March 15, 2006, recognizing the need to update its human rights organizations, the General Assembly of the UN created the Human Rights Council. The Human Rights Council was created with the specific intention to address the heavy criticism that The Human Rights Commission had received for allowing far too many states with poor human rights records into the delegation (BBC, 2006). This new body is responsible for further strengthening and promoting human rights around the world. One of the Councils many tools for protecting human rights is the innovative Universal Periodic Review, which allows for the examination of the status of human rights within all member states. Less than two weeks after the formation of the Human Rights Council, on March 27, 2006, the Commission on Human Rights met for its sixty-second and final session A sophisticated system of agreements and monitoring organizations exists to promote respect for the rights enshrined in these documents, both on international and regional levels, as with the European Convention on Human Rights and its Court of Human Rights, and the American Declaration and American Convention on Human Rights and their Inter-American Commission and Inter-American Court on Human Rights International Environmental Law Environmental law revolves around a core theory that the earth has limited resources that must be jointly enjoyed and cared for, regardless of their physical presence in the territory of one state as opposed to another. Environmental law attempts to bring states into agreement on issues such as desertification, sustainable development, biodiversity, endangered species, hazardous materials, climate change, and trans-boundary pollution, all of which have been the subject of major international treaties, such as the United Nations Convention on Biological Diversity (CBD), the United Nations Convention to Combat Desertification, and the Convention on International Trade in Endangered Species. Conclusion As noted earlier, there are nearly 2,000 international organizations that deal with a wide variety of topics requiring international cooperation, including diplomacy, trade, aviation, migration, development, and many, many others. As with international law in general, these organizations are crucial to managing globalization, but are controversial because of their impact on state sovereignty. The United Nations is a complex network of organizations. Just as any government may be divided into branches, such as the judiciary, legislative, and executive, the UN also has various bodies with different functions. The overarching framework of the United Nations incorporates five principal organs, but a vast array of underlying specialized agencies, programs, funds, and related organizations maintain ties with the UN while operating under differing levels of independence. Article 24 of the UN Charter confers upon the Security Council the primary responsibility for the maintenance of international peace and security. As such, the Security Council is the only UN body that can pass resolution that the member states are legally committed to obey. The Security Council is also the only part of the UN that can authorize the use of force and there by physically enforce its resolutions, hence it is the arm twister of the organisation. The Security Council has 15 members, including five permanent members, China, France, Russia, the U.K., and the U.S., and ten non-permanent members selected on a regional basis by the GA. The five permanent members have the authority to veto any substantive issue. The Security Council can meet at any time and has previously established peacekeeping operations, international tribunals, and sanctions [1] J. Bentham, Introduction to the Principles of Morals and Legislation, London, 1780. [2] H. L. A .Hart, The Concept of Law, Oxford, 1961. [3] L. Henkin, International Law: Politics and Values, Dordrecht, 1995 [4] Security Council resolution 221 (1966). Note also Security Council resolution 418 (1977) imposing a mandatory arms embargo on South Africa but couldnt deter the continuation of the Rhodesia killings, and even after the aggression by south Africa, there was insufficient response by the international law structure. [5] A. Nussbaum, A Concise History of the Law of Nations, revised edition, New York, 1954 [6] Rhine Commission, in order to deal with issues of navigation, or issues of pollution, on a regular basis. Following the establishment of the Rhine Commission in 1915, a number of other river commissions were established -managing the Elbe (1821), the Douro (1835) the Po (1849) and, after the end of the Crimean War, the European Commission for the Danube in 1856 [7] C. Cheshire and P. North, Private International Law, 13th edn, London, 1999. [8] L. Henkin, International Law: Politics and Values, Dordrecht, 1995 [9] Fr. Robert J. Araujo, S.J., Implementation of the ICJ Advisory Opinion Legal Consequences of a Wall in the Occupied Palestinian Territory: Fences [Do Not]Make Good Neighbors?, 22 B.U. Intl L.J. 349 (2004 [10] Newman and Weisbrodt ,International Human Rights(1st ed. 1994), pp.182-213, 13-19, 91-97, 130-141 [11] United Nations. (1969, May). Vienna Convention on the Law of Treaties, Vienna. Retrieved from: http://untreaty.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf [12] Dinstein, Y. (2004). The conduct of hostilities under law of international armed conflict. Cambridge: Cambridge University Press [13] United Nations. (2010, May 21). UN identifies most persistent users of child soldiers in armed conflicts. Retrieved from: http://www.un.org/apps/news/story.asp?NewsID=34778Cr=coomaraswamyCr1 [14] Greenhill, S. (2011, October 29). Gaddafis killers will be puton trial over mob execution, vow Libyas new rulers. Daily MailRetrieved from: http://www.dailymail.co.uk/news/article-2054344/Gaddafi-dead-Mob-killers-trial-vow-Libyas-new-rulers.html [15] Bekker, The Legal Position of Intergovernmental Organizations. A functional necessity analysis of their Legal Status and Immunities (Kulwer, The Hague, 1994) pp.39- 42 [16] Reinisch International Organizations before National Courts(CUP, Cambridge,2000) at pp.5-10; [17] Nicholas Rostow, Before and After: The Changed UN Response to Terrorism Since September 11th.35 Cornell Intl L.J. 475 [18] ICJ Advisory Opinion on the Interpretation of the Agreement of 25 March1951 between the WHO and Egypt -1980 ICJ Rep. 73 esp. pp.94-96

bombing of world trade center in manhatten 1993 :: essays research papers

Tapes Depict Proposal to Thwart Bomb Used in Trade Center Blast Law-enforcement officials were told that terrorists were building a bomb that was eventually used to blow up the World Trade Center, and they planned to thwart the plotters by secretly substituting harmless powder for the explosives, an informer said after the blast. The informer was to have helped the plotters build the bomb and supply the fake powder, but the plan was called off by an F.B.I. supervisor who had other ideas about how the informer, Emad Salem, should be used, the informer said. The account, which is given in the transcript of hundreds of hours of tape recordings that Mr. Salem secretly made of his talks with law-enforcement agents, portrays the authorities as being in a far better position than previously known to foil the February 26th bombing of New York City's tallest towers. The explosion left six people dead, more than a thousand people injured, and damages in excess of half-a-billion dollars. Four men are now on trial in Manhattan Federal Court [on charges of involvement] in that attack. Mr. Salem, a 43-year-old former Egyptian Army officer, was used by the Government [of the United States] to penetrate a circle of Muslim extremists who are now charged in two bombing cases: the World Trade Center attack, and a foiled plot to destroy the United Nations, the Hudson River tunnels, and other New York City landmarks. He is the crucial witness in the second bombing case, but his work for the Government was erratic, and for months before the World Trade Center blast, he was feuding with th F.B.I. Supervisor `Messed It Up' After the bombing, he resumed his undercover work. In an undated transcript of a conversation from that period, Mr. Salem recounts a talk he had had earlier with an agent about an unnamed F.B.I. supervisor who, he said, "came and messed it up." "He requested to meet me in the hotel," Mr. Salem says of the supervisor. "He requested to make me to testify, and if he didn't push for that, we'll be going building the bomb with a phony powder, and grabbing the people who was involved in it. But since you, we didn't do that." The transcript quotes Mr. Salem as saying that he wanted to

A Judgment in Stone, by Ruth Rendell Essay -- Literary Analysis, Ruth

As human beings, our personalities determine our actions. In the novel, â€Å"A Judgment in Stone† by Ruth Rendell, Eunice Parchman and Joan Smith both possess two distinct personalities that fuel their hatred of the Coverdale family. Because of Eunice’s illiteracy and Joan’s insanity, they develop a mutual friendship that proves to be fatal for the Coverdale family. Eunice Parchman’s illiteracy drives her to kill the Coverdale family and leads to the discovery of her crime. Eunice is accused by Rendell of killing the Coverdale family because she cannot read or write (1). Because of the war, Eunice never learned to read, and as a result, she has shut herself out of the world. Rendell states at the opening of the novel, â€Å"Literacy is one of the cornerstones of civilization. To be illiterate is to be deformed. And the derision that was once directed at the physical freak may, perhaps more justly, descend upon the illiterate† (1). Eunice’s feeling of embarrassment in regards to her illiteracy causes her to misjudge the Coverdale famil. She insensitively prejudges their gestures of friendliness towards her as mockery of her illiteracy. Not only does her inability to read cause her to misjudge her victims’ sociability, but it also causes her to have a very limited imagination and little regard for others. Rendell states , â€Å"Illiteracy had dried up her sympathy and atrophied her imagination. That, along with what psychologists call affect, the ability to care about the feelings of others, had no place in her make-up† (42), in reference to Eunice’s heartlessness. Eunice’s hatred for literacy intensifies throughout the novel as she is faced with several tasks that require literacy, the ability that she does not possess. Rendell describes suc... ...ed of the upper class society and by extension the Coverdale family causes them to form a mutual bond which they both benefit from. Rendell describes their relationship, â€Å"Without letting on Eunice thought Joan brilliantly clever, to be relied on for help whenever she might be confronted by reading matter†¦ Without letting on, Joan saw Eunice eminently respectable, a possible bodyguard too if Norman (her husband) should ever attempt to carry out his feeble threat of beating her up†¦Ã¢â‚¬  (87). Fate is what brings Eunice and Joan together, and fate is what ultimately brings about the deaths of the Coverdale family. Works Cited Rendell, Ruth. A Judgement in Stone. Vintage; January 4, 2000

Comparing The Infernal Machine and Oedipus Rex Essay -- comparison com

Comparing The Infernal Machine and Oedipus Rex (the King)   Ã‚  Ã‚   The myth of Oedipus’s incest and parricide has been retold many different times. The basic story line has remained the same. Oedipus leaves Corinth to try to escape a fate of incest and parricide. After he leaving the city, he ends up saving Thebes from the Sphinx, becoming king of the city and in the process fulfilling the prophecy. The character of Oedipus changes in each play to help support a different meaning to the entire myth. Cocteau’s The Infernal Machine and Sophocles’s Oedipus the King are both centered on the myth, yet their themes are different. By changing Oedipus’s personality, motive, relationship with Jocasta, his mother and wife, and his character development Cocteau makes his theme the idea that the gods simply play with humans, instead of like Sophocles’s theme that man can not escape his own fate. Sophocles depicts Oedipus as an intelligent though too proud man, however Cocteau depicts Oedipus as an egotistical and not too smart man. In Oedipus the King, Oedipus actually solves the riddle of the Sphinx and then became known for being clever. Teiresias, an old blind prophet, reminds him of this: "But it’s in riddle answering you are strongest." Soph. O.T. 440. Oedipus intelligence is also shown in his inquisitive nature. From the beginning Oedipus searches for the killer of Laius by asking many questions. This eventually leads to his downfall, though Jocasta tries to make him stop asking questions: "I beg you—do not hunt this out—I beg you, if you have any care for your own life. What I am suffering is enough." (Soph. O.T. 1060-1063) Cocteau’s Oedipus does not have to solve the riddle of the Sphinx because she gives him the answer a... ... Abrams, M. H. A Glossary of Literary Terms, 7th ed. New York: Harcourt Brace College Publishers, 1999. Cocteau, Jean. The Infernal Machine and other plays. (Bermel, Albert.). New York: New Directions. 1963. Ehrenberg, Victor. â€Å"Sophoclean Rulers: Oedipus.† In Twentieth Century Interpretations of Oedipus Rex, edited by Michael J. O’Brien. Englewood Cliffs, NJ: Prentice-Hall, Inc., 1968. Jaeger, Werner. â€Å"Sophocles’ Mastery of Character Development.† In Readings on Sophocles, edited by Don Nardo. San Diego, CA: Greenhaven Press, 1997. Sophocles. (1991). Sophocles I: Oedipus the King, Oedipus at Colonus, Antigone (Grene, David.). Chicago: University of Chicago.   Sophocles. Oedipus Rex. Transl. by F. Storr. no pag. http://etext.lib.virginia.edu/etcbin/browse-mixednew?tag=public&images=images/modeng&data=/texts/english/modeng/parsed&part=0&id=SopOedi

Mercy killing Essay

The first reason we support mercy killing is it does relieve the pain that the patient suffer. For patients that terminally ill, there no need to make any actions to prolong their life because this may make them struggle and suffer in the last moment of their life. All those chemotherapy and medicines may prolong the patient life but also torture them physically and mentally as these treatments have side effects on human body. It is quite depressed when seeing the patients having all these treatments. It is a way for the patient to release themselves from all these pain. Another reason we support it is it will reduce the burden of the patient’s family especially from the economically aspects. From the day the patient started to hospitalise, the medical fees for the patient started to count into the bill. For patient that is not capable to carry on these medical fees, they will feel stress to find money to pay for this large amount of bill. They may start to think of selling their own properties and even loan money from loan sharks, just to pay the bill. The medical fee in a hospital is not cheap, if the patient stays one more day in the hospital, the family need to more money to the hospital. Even the patient will also feel stress when know his or her family members are funding for the medical bills. The third reason is euthanasia can save life. For example, a coma patient who has laid on bed for about 10 years. For this 10 years, he is occupying a hospital bed, medical equipment and medicine that sustain his life. As we know, almost every day, the spaces in hospital are inadequate for incoming patients. Instead of letting the coma patient to suffer and wasting a bed space, mercy killing an incurable patient can definitely save lots of life. Besides, if the organs of the patient are still functioning well, his organs can donate to other patients who are in need and have higher probability to survive. In short, euthanasia not only bring the grief suffered by a patient to an end, but this method too, can save many others lives. This reason should compensate the ethics problem that the public are discussing for decades.

Human Resource Management in the Global Environment

Today’s job market is rapidly becoming globalized and more companies are entering into international markets in a variety of ways. Some companies are building plants in other countries, some companies are exporting products overseas, and some are entering into alliances with foreign companies. No matter how the involvements begin, the reality is that in today’s world, managing global human resources is something that is growing.Global competition is driving changes in organizations throughout the world. Companies are attempting to gain a competitive advantage and a way to accomplish this is to expand internationally. When a company decides to enter into a foreign market, whether to develop plants or other facilities in other countries, it is no simple task and many human resource issues surface. (Noe, Hollenbeck, Gerhart, and Wright; 534) Doing business globally requires that adaptations be made to reflect cultural and other factors that differ from each country.Human r esource regulations and laws vary among countries in character and detail. Equal employment legislation exists to varying degrees. In some countries, laws address issues such as employment discrimination and sexual harassment. For example, in the United States, Title VII established the Equal Employment Opportunity Commission (EEOC) to administer and enforce the Civil Rights law at work. The commission consists of five members who have been appointed by the president with the consent and advice of the senate.The main objective of the EEOC is to investigate job discrimination complaints from aggravated individuals. If a complaint is found justified, an agreement is attempted to be made through conciliation. (Dessler, Gary (2011). Equal Employment Opportunity 1964-1991. In Human Resource Management Twelfth Edition (pp. 32). Upper Saddle River, New Jersey: Prentice Hall. ) There are various approaches which can be utilized when recruiting and managing employees from different countries . Three different approaches are (1) Ethnocentric, (2) Polycentric and (3) Geocentric. In the ethnocentric pproach, the staffing and managing approach used is one consistent throughout the world. Companies which use this approach assume their home country approach is the best and that any employee around the world should follow it. The polycentric approach is applied when a company assumes each country is different than each other and employees in each country develop appropriate practices according to their surroundings. The last approach the geocentric approach tries to combine the best from headquarters and the subsidiaries to develop consistent worldwide practices.This practice shifts the power back to headquarters for hiring managers. (http://www. buzzle. com/articles/managing-global-human-resources. html) Some advantages of using local employees, but are not limited to are lower labor costs and familiarity with the political and legal environment and with business practices in the host country. Some disadvantages are aligned with the difficulty in recruiting qualified staff and communication difficulties in dealing with the parent company personnel.There are advantages to using transferred employees, as well. Some of the advantages are that the employee is familiar with the parent company’s policies and procedures and it permits closer control and coordination of international subsidiaries. A few disadvantages would be the difficulty in adjusting to the foreign language and the creation of personal and family problems. ( Treven, Sonja (March 2006). Human Resources Management in the Global Environment. The Journal of American Academy of Business, Cambridge. Vol. 8, Num. , 120-121) Five major functions of global human resource management are (1) recruitment and selection, (2) development and training, (3) performance evaluation, (4) remuneration and (5) labor relations. When recruiting new employees, the classification of the employee is very import ant. The company should focus on allowing a balance between the practices of their own country and others to ensure the person they hire fits the personal characteristics fit for the job. It is very important for companies to have managers with a global perspective.Providing various trainings and developmental opportunities is a way to ensure managers are kept familiar with current procedures and current events. The ability to learn what others are doing in another country can be found beneficial to others, as incorporating new techniques can allow for growth and development. Performance evaluation is going to depend on the overall strategy set forth by human resources. Companies must evaluate employees from different countries which can be a very difficult task because consistency for performance comparisons is conflicted with the background of people of different cultures.There are two major concerns when formulating compensation for employees from different countries. The first i s the complexity which arises when trying to give a comparable and competitive package within the marketplace. The second concern is cost because companies strive to reduce their costs and this is challenging when bringing in employees who need to be compensated for their relocation expenses, etc. The last function of global human resource management is the function of labor relations. Many countries allow the government to regulate the labor relations practices. Treven, Sonja (March 2006). Human Resources Management in the Global Environment. The Journal of American Academy of Business, Cambridge. Vol. 8, Num. 1, 121-125) Human Resource Management in the Global Environment requires us to understand our employees and their individual personality and abilities. No matter what country the business resides, managers should focus on what is best for the employee. The understanding and acceptance that there will be some level of diversity in an organization should make for a better work environment.REFERENCES: Dessler, Gary (2011). Equal Employment Opportunity 1964-1991. In Human Resource Management Twelfth Edition (pp. 32). Upper Saddle River, New Jersey: Prentice Hall. Noe, Hollenbeck, Gerhart, and Wright; 534. Treven, Sonja (March 2006). Human Resources Management in the Global Environment. The Journal of American Academy of Business, Cambridge. Vol. 8, Num. 1, 120-125. http://www. buzzle. com/articles/managing-global-human-resources. htm http://www. orcworldwide. com/readroom/Herod_IHRJ2007. pdf