The Between Uk And Eu Law Essay - 1389 Words

â€Å"[I]n Britain since the invasion of Community design law, the protection of designs has become utterly disparate both in principle and in the morass of detail. The Government should be taking determined steps to simplify . . . and eliminate unnecessary differences in scope and operation of the rights†. Discuss. Design influences our lives in an unseen yet valuable way. However, original designs are frequently imitated, the law has developed to prevent this. Is this protection adequate? Or, in part due to EU law, has the protection of designs become so complicated that it is unfit for its purpose. In order to assess this, it is important to assess the methods of protecting designs and the interaction between the UK and EU law. There are two ways in which both UK and EU law protects designs: Through registered design rights and unregistered design rights. It is clear that there are multiple ways of protecting rights. What is left to be seen is if this is superfluous, or an adequately nuanced approach to the complicated matter of design law. It is also important to briefly consider pre-community design law in the UK. The registered design system was introduced in 1839, to improve the aesthetic quality of industrial goods. If the claimant submitted a new and original design, a monopoly right was awarded for three years. At the turn of the century, copyright law was expanded and offered automatic unregistered protection, which could be longer and sometimes stronger thanShow MoreRelatedIntroduction.January 1St ,1973 Is The Day The Uk Became961 Words   |  4 PagesJanuary 1st ,1973 is the day the UK became a member of the European Economic Community (EEC), (BBC.com, 1973). Which then at November 1st, 1993 became a pillar of the European Union (EU) as it is known today. The EU intends to achieve economic coordination and benefits among its members by changing regulations and laws concerning employment, EU budget, immigration, education, and culture. And Introducing agreements like free trade. Brexit is the Act of the UK lea ving the EU. A referendum, which is a popularRead MoreQuestions On Parliamentary Sovereignty Of The Uk Parliament Essay1006 Words   |  5 Pages Module: Law Component: assignment 2 Percentage of final module grade: 20% â€Å"The development of the EU has slowly eroded the sovereignty of the UK Parliament† Student Number: 1546031 Word Count: Parliamentary Sovereignty is the concept that Parliament is the supreme legal authority in the United Kingdom. Kellerman, M. G. (2011) argues that since the United Kingdom unlike most other countries does not have a codified constitution to restrict the powers of the ParliamentRead MoreTo What Extent Is Parliament Still Sovereign?898 Words   |  4 Pagesof â€Å"the power of law making unrestricted by any legal limit†. Parliamentary sovereignty is a principle of the UK constitution, stating that Parliament is the supreme legal authority in the UK, able to create and remove any law. This power over-rules courts and all other jurisdiction. It also cannot be entrenched; this is where all laws passed by the party in government can be changed by future parliaments. In recent years sovereignty of parliament has been a In 1972 the UK joined the treatyRead MoreEU Case Study966 Words   |  4 PagesThe uncertainty surrounding how the United Kingdom (UK) will exit the European Union (EU) has significantly impacted the business operations of all firms within the financial services sector who operate within the EU Market. This can be seen through the recent actions of the larger multinational banks, as many are alleged to be already be planning to relocate jobs outside of the UK while also developing corporate operations in other EU nations (Barbaglia, 2017; Callanan Sidders, 2017; Martin Read MoreReason For Mobility Of Labour1619 Words   |  7 Pageslabour: a. Education and training b. Outlook or urge c. Social set up d. Agricultural development e. Industrialisation f. Trade (Economics,  © 2015 YourArticleLibrary.com: The Next Generation Library. All Rights Reserved.) LO3.1 Advise the UK on the role of the main EU institutions in determining and legitimising policy. Article 13 of the Treaty on European Union states that the European institution is composed of 7 institutions which are the decision making bodies but 3 of them are the key players. 1Read MoreChanges And Outcomes Of Legislation As A Source Of Law Within Britain At The Hands Of Brexit Essay1588 Words   |  7 Pagessource of law within Britain at the hands of BREXIT. But before I dive into that specific area of the subject I will firstly answer the first and most common question relating to this topic. Just what exactly is BREXIT? In the most simplistic way possible ‘BREXIT’ as it is known is an abbreviation for â€Å"British Exit†, this terminology refers to the referendum which took place on the 23 June 2016. The outcome of this referendum was that the people of the UK unanimously voted to exit the EU (EuropeanRead MoreImpact of European Union Policies on Uk Businesses1633 Words   |  7 PagesImpact of European Union policies on UK businesses Case scenario – if the UK is pulling out from the EU club Legislation - A vast majority of UK law is derived from the EU, estimated at 80% of law currently in force in the UK. As such, withdrawal from the EU will have a huge effect on legislation applied in the UK. - The Treaties (the TEU and the TFEU) would cease to apply, including as part of those, the fundamental freedoms (free movement of goods, services, capital and persons/workers)Read MoreThe Protection Of The European Union Essay1418 Words   |  6 Pageslegislation procedures relating to the custom duties, economy, free movement, and social security appeared. After the two World Wars the European countries started to unite themselves, the main aim being to end the frequent wars and secure peace between the nations. In 1950 the European Coal and Steam community started to unify politically and economically the European countries for the purpose of bringing lasting peace. The Treaty of Rome signed in 1957 brings into being the European Economic CommunityRead MoreAn Internal Market Within The European Union1646 Words   |  7 PagesA) Regarding to free movement of goods, the issue here where German company ‘Konfekt’ against the importing state Finland and UK which involve with The Treaty On The Functioning Of The European Union (TFEU) . First in Gaston Schul define an internal market within the European Union as â€Å"the elimination of all obstacles to intra-Community trade in order to merge the national markets into a single market bringing about conditions as close as possible to those of a genuine internal market†. ‘Goods’Read MoreWhat Is The Labor Force Market In The UK?1119 Words   |  5 Pagesstanding. Between April to June of 2017 and July to September of 2017, the number of people in work fell slightly along with the number of unemployed people. There were 32.06 million people in work, which is 14,000 fewer than for April to June 2017. The employment rate was 75.0% and the unemployment rate was 4.3%, which is less than the 4.8% rate announced earlier in the year. The l abor force participation rate decreased to 78.4% in August of 2017 from 78.6% in July 2017. The current UK unemployment

The Inclusion Of Special Educational Needs - 2685 Words

The inclusion of special educational needs (SEN) students into mainstream schools is a key issue across England. The Education for All Handicapped Children Act (Public Law 94-142) states that ‘all handicapped children [have] the right to a free appropriate public education.’ However, there has been much debate concerning which approaches have a more active influence on the efficacy of inclusion. This essay will aim to investigate how practical and successful inclusion techniques are within a community whilst underlying both the advantages and disadvantages that inclusion may generate. The terminology associated with this discussion is one of the main factors contributing to ineffective inclusion. What does it mean to be included? When is the inclusion complete? What is successful inclusion? How can one achieve the inclusion of all children? These questions are too open and cannot be resolved without a sole and concise explanation. ‘The term [inclusion] itself connotes a multiplicity of meanings’ (Murphy, 1996, p. 471) and as there is very little literature stating what is meant by inclusion in one concise definition, it constitutes great controversy within the matter. Therefore, the inclusion of SEN pupils within schools across England has not always been successful. Despite there being much interpretation to the terminology, integral aspects of the process can be neglected and may result in segregation still existing within some schools. This issue may be resolved byShow MoreRelatedInvestigating Staff And Children s Perceptions Of Inclusion Of Children With Special Educational Needs Essay2237 Words   |  9 PagesThis research project will investigate staff and children’s perceptions of inclusion of children with special educational needs (SEN) across year three. It will consider whether the inclusive methods used by staff are effective, with reference to psychological theories, relevant legislation and recent research. The project will take place at a three form entry junior school where I am a teaching assistant. It will involve a range of school staff and pupils from Year Three. The enquiry will be basedRead MoreAchieving Six National Education Goals990 Words   |  4 Pagespublication of A Nation at Risk (1983), educational results was not significantly improved. Second, our global participants and partners were really taking education extremely well because American students were about the lynchpin of the large numbers in worldwide assessments. Understandably, that a principal role for legislative initiative was to accomplish competitive educational excellence, which would help to improve global economic competitiveness. Reforms in Special education are facing significantRead MoreThe Class Room By William Wright G000516811318 Words   |  6 PagesGeneral Purpose: Inclusion in the Class Room Specific Purpose: To persuade my readers that inclusion is important in the class room. Central Idea: Institutions should have programs for special needs children to integrate them in classrooms with regular students. . INTRODUCTION I. Attention Material A. Models to show how students with assistance can be measured 1. Some teachers think that inclusions are a plus in the class rooms. 2. Other teachers think that think inclusion would be more workRead MoreImproving Student Participation Is A Matter Of Importance1543 Words   |  7 Pagesability, ethnicity and learning needs. Ensuring student participation is a matter of importance, since children are at times deprived of equal right to use inclusive education from early childhood through to adulthood. Inclusive education means eliminating the distinction between special and regular education and giving equal opportunities despite their level of disability. It implies that providing educational facilities to students with additional educational needs which are used by most other studentsRead MoreAnalysis Of The Article President Bush Announced On A Nation At Risk982 Words   |  4 Pages(1983), educational results had not significantly improved. Second, our global participants and trading partners were taking education seriously while American students were near the backbone of the pack in international comparis ons. Understandably, a principal function of the legislative initiatives was to achieve competitive academic excellence, which would contribute to improved international economic competitiveness. Discuss Changes and/or Reforms to Education The study of special trainingRead MoreLegal Framework Supporting Inclusive Education1632 Words   |  7 Pagesinternational policies/framework to protect those rights. One of these rights is the right to education. This right is enshrined and reasserted in various international documents . The Statement and Framework for Action from the World Conference on Special Needs Education (UNESCO 1994) states that â€Å"schools should seek to accommodate all children, regardless of their physical, intellectual, emotional, social, linguistic or other conditions.† (UNESCO, 1994, p.6). This study draws its underpinning from theRead MoreA Brief Note On Education And Individual Education870 Words   |  4 Pagesa â€Å"one size fits all† education plan for special needs students. When it comes to a student with disabilities educational placement and the consideration of inclusion, I believe that the educational placement decision should be determined on an individual student basis. There are many advantages, as well as, some disadvantages of inclusion for students with and without disabilities. Before discussing the advantages and disadvantages of the inclusion, the Individuals with Disabilities Act (IDEA)Read MoreEducational Isolation Gap Between Students With Disabilities And Those Without Disabilities898 Words   |  4 PagesDisabled students in the United States have a better and more different educational life than students in the country where I come from. Students with disabilities in the United States have been empowered in such a way that they have procured suitable dealings from both the state and federal governments. We are likely to find such students with documented hearing, visual, and physical impairments studying and socializing naturally with students without disabilities. In fact, we cannot tell the differenceRead MoreTeaching Methods For Students With Disabilities Essay1487 Words   |  6 PagesIntroduction: In recent decades, more and more schools are including special education in a general classroom setting. The subject of this inclusion has been placed on the forefront of not only the educational system but also on public consciousness. Still, there are debating questions that plague this very subject. What teaching techniques are being implemented to include students with disabilities in a general education setting? Many techniques have been implemented in the attempts to include studentsRead MoreEssay about Research Report1006 Words   |  5 Pagesstudents, either through special schools or home-based tutoring, was justified for various reasons. Separate schools provided specialized services, tailored to meet the educational needs of children with a specific type of handicap. Moreover, this freed the regular public schools of having to provide services and infrastructure needs of the disabled student population (Circle of Inclusion Project, 2003). More recently, there has been a movement towards full inclusion--integrating students with

My Autography Free Essays

My name is Md. Tanvir Rahman Mazumder and I was born in Comilla in 1990. I have a nice family and they live in Comilla. We will write a custom essay sample on My Autography or any similar topic only for you Order Now At present I live in Dhaka with my Brother, he has an employee of the multinational company for almost 5 years. I am currently attending North South University in an effort to obtain my Bachelor of Business Administration (BBA) degree. My family is the most important part of my life as well as my success.It is influenced that I have on my family as well as my personal goals that have driven me to want to excel in all I do and try to be good rule models for my family along with others I come into contact a well. My life is so far is comprised of a wonderful family, great friends, a small successful classic car restoration business and a sincere dedication to my family, education and work. My elementary school experience is very interesting and memorable. In my elementary school I am a very stubborn and sporty boy. I am totally into sports. I love to play cricket and basketball.I also love to make friends and hangout with them. I pass my leisure time by listening to music and a small chat with friends on the phone. Sometimes I really miss my elementary school experience. I am currently attending the north south university in an effort to obtain my bachelor degree in business management. I am attending this university because it is the ranked 1 university in Bangladesh. It has a big campus. All of the faculty members are highly qualified and they gain their PhD degree from abroad. Now my university days were awesome. I had lot of fun there with my friends.I also played for my university cricket team and I was the best cricketer in my university. I feel very proud for attending this university. Course CodeClass Name/SubjectTeacher’s Name MIS105Introduction to computersAfz MGT210Principles of ManagementJNA BUS172Introduction to StatisticsABS MKT202Introduction to MarketingZTK Outside university whenever I get enough time I used to go to my village. I always give away my old clothes to the poor people. Every Friday my friends and I go to the rural area and I also help my friends to cook food for the poor people.My friends and me organized a charity show for those who were live in under the poverty line. Sometimes I go to many historical places in the Dhaka city and outside the city. By the year 2015 I hope to be in a good job as top management position. The outlook for my future is a good one due to my family and education. I can see myself becoming more versed in compliance services and in the future possibly starting a related company. I see my future as being a top quality manager in a position of importance involving critical decision-making that drives a company to competition and wins.I can also see in the future where I will be taking time to reward my family for their support and accomplishments, possibly in the long vacation outside the country. I can also see in my future where my wife and myself will be able to continue to pass on our experiences to both our children and grandchildren helping them to achieve their goals. I believe that only future holds on what I put into it. To this point in my life I have worked hard to achieve my educational goals from graduating high school to shortly obtaining my degree in business management through the North South University.I think I will get more opportunities to achieve my goal. As I stated in the beginning, I have always placed a great importance on my education and have had a drive to learn more and excel in life. I would hope that through all of my experiences in my personal as well as educational life that this will provide the foundation on which I can succeed and as a professional to help my future company I would work for. I hope you have enjoyed my autobiography, I think you can see that my life has been based on hard work, education and responsibility. It is there principles that I believed could have the greatest effect on anyone’s success. How to cite My Autography, Papers

Pros and Cons of staring a company in today’s market

Question : Discuss about the Full Risk and Uncertainties Economis ? Answer : Introduction Starting a business enterprise is a potentially beneficial and exciting prospect that is full of risk and uncertainties. Irrespective of starting a sole proprietorship business or forming a partnership firm, it is important for an individual to study the pros and cons related to the business. On the other hand, the individual must study the market conditions that may influence the business to develop an appropriate strategy to operate the business (Besser Miller, 2010). Learning the facts regarding the market and business helps to take realistic decisions that increase the chances of the survival of the firm. According to the statistical report, only seven out of ten businesses can survive for two years and only a quarter of the seven businesses will survive for fifteen or more years. Discussion Currently, the business owners can make use of different market analysis tools to observe the factors that may influence the operations of the business. For example, PESTEL analysis, SWOT analysis, Porters Five Force analysis are the most used management tools to judge the external and internal market factors that may influence the business. Furthermore, the business owners can make use of government reports and data from other organisations to judge the success rate of business. Meanwhile, it is important for a business owner to understand the pros and cons of starting a new business in the current market (Lan, 2009). Hence, the advantages and cons of starting a new business have been presented herein below: The primary reason for an individual to start a business is to reap professional and personal benefits. By starting a new business, an individual can determine own working hours, work environment and work pace (Freeman, 2017). On the other hand, the new business provides the individual with a career of own choice and interest. Furthermore, opening a new business represents a freedom of life and work balance. A person may feel illogical due to the limitations faced while working for others including the limited number of positions and mismanagement within the company (Bradt Davis, 2014). Furthermore, the business can lead to financial success for an individual and provide name and fame to the person starting a business. According to an article in the USA Today, the chances of a self-employed businessman to become a millionaire increases by four times than a traditional employee (Usatoday30.usatoday.com, 2017). A start-up business can be identified as a tiring pursuit although it is invigorating, to say the least. Setting up a business platform in a target location is an art of perfection. Most importantly, a business owner must be attached to the work around 52 hours a week whereas for a service person 40 hours of work in a week would be enough (Palmer, 2015). Precisely, the time investment in a start-up business can be recognised as a difficult task to get over. Furthermore, for a start-up business a number of insurance terms, liability arrangements, and legal paper works will be inevitable. Hence, funding and responsibilities of the owner will be enhanced in a significant order (Brenowitz, 2013). Therefore, sometimes, it will get difficult for an entrepreneur to meet all the requirements simultaneously. Moreover, a start-up business entrepreneur must make all arrangement for hiring the staff members and paying the employees. During the business crisis, responsibilities must be met toward s the staffs sacrificing personal benefits (Freeman, 2017). The leading consideration in a start-up business should be the associated market risk. Precisely, a start-up business must have enough financial resources to run a business for several months. Therefore, a new business must focus on paying bills rather than making profits at the primary level (Besser Miller, 2010). Alternatively, the demand and supply of the product or services offered by the start-up company must be matched with the market situation. If there are so many market competitors, the risk of growth will be evident. As a result of the circumstances, market analysis and fund allocation can be identified as the major resources for long-run stability in business (Hefer, Cant, Wiid, 2015). Conclusion Broadly speaking, starting-up a business and running it for a long-run, management will be the key to success. First of all, allocation of cash flow and negotiating with significant terms will lead to broadening the business perspective. Though there are sufficient risk and reward associated with a start-up business, flexibility in contemporary business practices will be crucial for entrepreneurs. Through the improvisation of cash flow, workforce, and management ideas, a well-thought out start-up business can create a significant market presence. Specifically, building the right strategy for the business course must be defined. Arguably, a start-up business has more positives than negatives if the resources allocation will be made in an efficient way. References Besser, T. Miller, N. (2010). Starting business networks: benefits and barriers.International Journal Of Entrepreneurship And Small Business,10(2), 224. A start-up business can be identified as a tiring pursuit although it is invigorating, to say the least. Bradt, G. Davis, G. (2014).First-Time Leader(1st ed.). Hoboken: Wiley. Brenowitz, R. (2013). Jump?Starting High?Performance Teams.Handbook Of Business Strategy,4(1), 241-246. Freeman, D. (2017). Risk taking with background risk under recursive rank-dependent utility.Mathematical Social Sciences. Hefer, Y., Cant, M., Wiid, J. (2015). Starting Ones Own Business What Motivates Entrepreneurs?.International Business Economics Research Journal (IBER),14(2), 237. Lan, J. (2009). Employment Obtaining and Business Starting.International Education Studies,2(1). Palmer, M. (2015). A Risky Decision: A Risky Start to a New Business and a New Life.Risk Management,2(4), 59-60. The pros and cons of starting a small business - USATODAY.com. (2017).Usatoday30.usatoday.com. Retrieved March 2017, from https://usatoday30.usatoday.com/money/smallbusiness/startup/week1-pros-cons-table.htm

Principle of International Law

Whether the Court can exercise jurisdiction in the case The ICJ can exercise jurisdiction in this case. The Court has a double jurisdiction. The Court acts on disputes that various States submit to it (contested cases) and cases that the UN authorised bodies and agencies may refer for legal opinions.Advertising We will write a custom critical writing sample on Principle of International Law specifically for you for only $16.05 $11/page Learn More The Court shall consider the case under Article 38 of the Statute â€Å"in accordance with international law† and apply sources of law based on the international convention, international customs, the general principles of law as civilised nations recognise them, and provisions under Article 59.1 Territorial claim between Neganda and Kantara falls within these four areas. The States may accept the compulsory jurisdiction of the ICJ. The ICJ has dealt with a number of territorial jurisprudence. However, th e nature of these cases varies. Therefore, it is almost impossible to prioritise and categorise what factors the Court uses to provide decisions. This tendency makes the ICJ unattractive place for territorial cases. Taylor Sumner examined territorial disputes at the ICJ and concluded that there were nine areas relevant to adjudicating territorial claims: â€Å"treaty law, geography, economy, culture, effective control, history, uti possidetis juris (â€Å"to whom possesses by law†), â€Å"elitism†, and ideology†.2 In addition, Sumner established that the ICJ mainly bases its decisions on â€Å"treaty law, uti possidetis, and effective control† (Sumner 2004). The ICJ statute provisions also note that the Court â€Å"shall not prejudice the power of the Court to decide in cases ex aequo et bono (based on equity and welfare), if the parties agree thereto†.3 However, the Court shall act on this case because the decision on a legal ground is not possibl e and concentrate on equities. However, the ICJ has not based all cases on equitable principles. We must note that the ICJ may consider equitable principles infra legem (under law). This shall enable the Court’s interpretation and application of the law to consider both facts and conditions surrounding Kantara and Neganda case. The principles of law that will be applicable to the substance of the territorial dispute between Kantara and Neganda Treaty law Treaties bind parties under international law, irrespective of their formal designation. Treaties are only relevant in cases where bodies with a treaty-making capacity participate. This is the case of Kantara and Neganda. These states have a treaty-making capacity.Advertising Looking for critical writing on international relations? Let's see if we can help you! Get your first paper with 15% OFF Learn More These states are also parties to the Central African Treaty of Friendship and Non-Alignment. This treaty mea ns that states can formulate obligations and rights which international law can enforce. The Vienna Convention 1969 recognises written treaties. However, the absence of writing does not mean such agreements are not enforceable under international law. The Convention is not clear on when an international agreement falls under treaty. However, the instrument must have some solemnity and gravity. The Court can consider past cases to make a decision on Neganda and Kantara territorial dispute. For instance, in the case of a territorial dispute between Libya and Chad, the ICJ considered the treaty of 1955 on Friendship and Good Neighbourliness. These parties had to interpret the Treaty of Friendship and Good Neighbourliness in a good faith and apply an ordinary meaning to it. In this case, the Court must establish the provision of the Central African Treaty of Friendship and Non-Alignment and base its decision of such provisions. This is because the treaty may have annexes that clarify th e boundary under agreements. This may settle the issue and disregard arrangement between Kantara and Russia. In another similar case of Belgium and Netherlands, both parties claimed territorial enclaves that crossed the established borders. The Court based its decision on effective control and treaties. The Court argued that the Dutch side did not undermine bases of sovereignty by limited control over an enclave. In this case, from the British point of view, the area of the land ‘attached’ to Kantara came under the administration of Kantara. Based on administrative effective control Kantara has maintained over the island, the Court may award the enclave to Kantara. The Court must also consider the Kantaran declaration accepting the Court’s compulsory jurisdiction, dated 10 May, 1970 and the Negandan declaration of 1 April, 1976, excluded from the jurisdiction of the Court and their relevant contents. It must also note that these declarations do not have any condi tion of reciprocity.Advertising We will write a custom critical writing sample on Principle of International Law specifically for you for only $16.05 $11/page Learn More Uti possidetis This principle of international law claims that a territory shall remain with the party who possess it after conflict, unless a treaty may define otherwise. A treaty may have conditions regarding possession of a territory. However, in the absence of such provisions, uti possidetis prevails. In this case, Kantara has possessed the enclave ever since colonial periods. The principle was useful in the issue of Kosovo. However, the Court should consider the political reasons behind uti possidetis provisions in border disputes. For instance, the British colonialists used the enclave for their administrative purposes in Kantara. The Court may base its decision on utis possidetis juri to grant Kantara the enclave. This shall reflect the former colonial boundaries and administrati ve positions. However, we have to note that not all rulings of the case may favour the principle of utis possidetis juri. For instance, in the case of a territorial dispute between Mali and Burkina Faso, the Court defined uti possidetis juri as â€Å"a principle that transforms former administrative borders created during the colonial period into international frontiers†.4 5This implies that uti possidetis juris acted as a decolonisation tool in order to preserve and protect the independence and stability of new African countries. Based on this argument, the Court may grant the enclave to Neganda. This also means that the Court may departure from the principle of uti possidetis juris. Considering this case, the Court may consider the British administrative boundary as an international frontier. The Court must also note that the principle of uti possidetis juris has changed over time. It now includes issues concerning â€Å"democracy, human rights, the rule of law, and rights of the minority groups† (Hasani 2003). In this regard, the Court must ascertain Neganda claims of ill-treatment of its native in the enclave under administration of Kantara. Effective control (effectività ©s) The principle of effective control has both internal and external aspects. Internally, a State government has the capacity to â€Å"establish and maintain a legal order in the sense of constitutional autonomy whereas externally, the State can act autonomously on the international level without being legally dependent on other states within the international legal order†.6Advertising Looking for critical writing on international relations? Let's see if we can help you! Get your first paper with 15% OFF Learn More The Court may dismiss Kantara claims of administrative control from colonial periods to present and sovereign over the enclave and establish a legal title. If the Court can establish a legal title from the British colonial time, then the matter can end. However, if the Court fails to ascertain effective control, then it can apply utis possidetis based on the colonial boundaries. However, due to changes in the boundary it would be difficult to determine the exact location of the previous boundary. In this case, the Court can decide to divide the disputed enclave in two halves on equitable basis under infra legem. This was the case of Burkina Faso and Mali frontier dispute. History Historically, Kantara has always possessed and exercised administrative control over the area. However, the enclave has an ethnic group from Neganda. The Court may consider the history in this case because of its clarity. Consequently, the Court may grant Kantara the enclave based on evidence of the Kantara ’s long-established and effective control of the enclave since colonial periods. This was the case of France and the UK regarding Channel Islands where the Court granted the UK the islands based on its history.7 The Court must also consider the fact that African leaders insisted on preserving the administrative boundaries which colonialists established. Enver Hasani notes that African countries, which make territorial claims on grounds of history and ethnic entitlements, have lost their claims. However, uti possidetis juris has worked for most African states. These were cases of Somali and Mali. The Court shall also assume that Kantara and Neganda can avoid territorial conflicts by recognising their former colonial administrative boundaries. In this context, it can apply the Article 2(4) of the UN Charter to protect such territories. Explain and critically discuss the following statement ‘It is noted that rather than stating conditions of legality of secession, internat ional law has traditionally acknowledged secession subsequent to a factual state of events which has led to a situation in which the constitutive elements of a State are present’. (Written Statement of the Kingdom of Norway in the Kosovo Advisory Opinion case) The birth of a new state is an important event in the international politics. This is of interest to scholars in international law because a new state shall carve its territory from an existing state in order to declare independence. It also provides opportunities to review the legal ramifications of processes involved in creating a new state under provisions of international law. Thus, the secession of Kosovo and the subsequent verdict of the ICJ on the issue raise issues worth examining under the above statement.8 The independence of Kosovo in 2008 from Serbia raised issues because Serbia did not provide its consent. Thus, there was no coordinated independence as Kosovo took a section of Serbia’s population and territory. These are facts of Kosovo secession. Under international law, an entity has a right to secede when the state it belongs to recognise that and when it also reviews constituents rights to self-determination as was the case of South Sudan. The right to self-determination remains limited based on the principle of territorial integrity of a state. The case of Kosovo is slightly different. From the history of Kosovo, the international community rejected Kosovo’s claims to secession. As a result, Kosovo only had remedial secession as a viable legal option. Remedial secession grounds have disputes on de lege lata (the law as it exists) and de lege ferenda (what the law ought to be). The history of Kosovo also provides reasons for remedial secession. For instance, Milosevic engaged in systematic discrimination of Kosovo Albanians (cultural group of Serbia). There were no possibilities of achieving meaningful and mutual solution through peace. Thus, the abuse of 1990s made the international community recognise the plight of Kosovo Albanians. The Security Council Resolution 1244 of 1999 depicts a rejection for secession. However, this document has resolutions that guarantee Kosovo Albanians the right to self-determination. Over time, states have recognised the independence of Kosovo due to a gradual change of its population that has evolved from a minority to people. This move contradicts the norm of state practice. This is because, in the past, states have based their recognitions of new states on the consent of the parent state to separation. Thus, recognition of Kosovo as an independent state show grounds for remedial secession in legal situations. The US argued that Kosovo was a special case based on its history of abuse, systematic ethnic cleansing, Yugoslavia breakup, and the role of the UN administration. These features were special to Kosovo. As a result, the US recognised Kosovo as an independent state with no precedent for any other condition s.9 Serbia showed concern about Kosovo’s declaration of independence in 2008 and sought the advisory opinion of the ICJ on the legality of Kosovo as a state. The ICJ released its advisory opinion in 2010 that Kosovo’s declaration of independence did not break general principles of international law. The Court based its decision on the UN Security Council Resolution 1244 and the Constitutive Framework. In addition, the Court also considered the unique history of Kosovo under Serbia. Scholars note that premature recognition of Kosovo presented legal challenges before the international law.10 They argue that the case of Kosovo was non-precedential. They also note that even states that recognised Kosovo have clearly refused to create rules governing remedial secession. In the case of Kosovo, secession was the only option for ending oppression of the Kosovo Albanians. This is the basis of the doctrine of remedial secession. However, we can note that the doctrine of remedial secession has a weak legal base and foundation. This explains why Serbia questioned the legality of Kosovo’s independence. It shows that secession is not an entitlement even under oppression. However, when the oppressed minority strives to create their own state, then remedial secession remains the only option with international recognition. Thus, remedial secession depends on recognition from the international community so as to make it legal. Under the UN Charter, remedial secession has grounds through recognitions. This explains why Kosovo’s declaration of independence was legal. However, the case of Kosovo independence sets precedence for review of international law as the doctrine of remedial secession is weak. Kosovo only survived because of a combination of several factors that made it a special case before the international community and the ICJ. Kosovo set a precedent for states or minority groups on how to use remedial secession. The ICJ confirmed Kosovoâ₠¬â„¢s claim for statehood and the issue of legality under international law did not deter it. We can see that remedial secession can establish grounds for minority groups to hold the state accountable for issues under international obligations. By referring to Kosovo as a special and unique case, the international community disregarded the base and theory of remedial secession. It also created irreproachable states. Kosovo’s case is significant in identification of loopholes that exist in international law and legality of secession. The case of Kosovo presented the international community with a suitable chance to clarify issues of remedial secession. These issues should include types of alternatives that parties should exhaust, threshold of abuse considered, the issue of uti possidetis juris, description of cultural groups, claims of the parent state, and effects of the secession. Clarification of these issues can present grounds for the international community to gauge sece ssion and avoid issues of unique and special case. This can show a state of arbitrariness in state secession as the case of Kosovo is similar to secession of Bangladesh from Pakistan. â€Å"International Law is made of a succession of apologetic and utopian moments and arguments.† The above statement is true due to serious weaknesses in the system. In addition, the system of international law is never perfect. These weaknesses may be due to lack of vital formal institutions and systems, lack of certainty, manipulation, and disregard by states. However, there are many chances for reforms and improvements. We can also look at the above statement from the point of view of structure of international law and specific issues that arise during enforcement. To this end, various scholars have given their arguments and theories about international law and its origin.11 Koskenniemi argues that international law lacks legal objectivity at all. This is a deconstructive approach to explain ing international law. Such theorists argue that states can use international law to criticise or justify international behaviours on a rational ground. According to these critics, we can justify or condemn a given behaviour using a â€Å"conjunction of politics, morality and self-interest† (Dixon 2007). Thus, such behaviours can happen in any setting and for reasons not related to any legal rule. Some jurists claim that international law is a means of pursuing a given community values. Thus, interpretation and application of all rules should conform to such values. This is a value-oriented approach in explaining the existence of international law. Some of these values include â€Å"world public order†. Proponents of this view include McDougal, Lasswell and Feliciano. Realists claim that we should view international law based on the impact it has on the conduct of the international community and relations, rather than trying to establish its validity as a law. This vie w posits that what is important is the influence of international law in international politics and relations. Issues of acceptance or obedience to international law are irrelevant. Therefore, its role to enhance international politics is what matters. Some scholars apply non-statist theories to explain the nature of international law. They disregard the fundamental principle of international law as a system created mainly for states and by states. They claim that notable developments in international law render its fundamental concept narrow. They seek to show the importance of international law to individuals. In addition, international law should also be a means of gaining justice and accommodating diverse cultures and ethic orientations of the modern world since the world no longer revolves around Europe. This view has gained popularity especially with issuing relating to the ICJ ruling on Africa states. For instance, Gbenga Odentun claims that both the ICJ and Permanent Court o f Arbitration (PAC) have shown a lack of interest in matters regarding African states and their Western counterparts. The author also claims that representation of Africans in these institutions is insufficient. According to Odentun, this undermines the basis that such courts within their charter should represent â€Å"the principal legal systems of the world†.12 This idea has gained popularity as states depend on international law for checking excesses of other sovereign states.13 Any attempt to achieve a consensus or conclusion regarding the nature, source, or system of international law shall draw criticisms from all quarters. What is of importance in this case is the binding problem that leads to the formation of international law. Such problems are both national and international matters. At the national level, we have an institution like the Australian parliament that has the mandate to create laws. This is not the case with the international law. However, the significa nt issue is that states and individuals have recognised international law. Such a succession of apologetic and utopian moments and arguments drives vital interests of states. However, we must note that a vital interest of state is important than the dictates of the law. The legal system may recognise vital interests in cases of self-defence in relation to international law. In this regard, the international law may not be different from any national law and the issue of obedience may not arise. However, we can see that due to weaknesses in international law, states can violate it. In this sense, it becomes a weaker system than any other national legal system that has machinery for enforcement. It is difficult for states to rely on international law in situations where their vital interests are under threat.14 As a result, they are likely to engage in illegal conducts. These could be the reasons for â€Å"the US invasion of Iraq and Afghanistan and NATO’s 1999 action in Serbi a† (Dixon 2007). From these observations, we can note that international law cannot stop such attacks. However, this does not mean it is irrelevant when it comes to protection of vital interest of states. The international community can formulate laws to control future behaviours of such states and soften their approaches. This also leads to confusion about the major role of international law in relation to political and diplomatic crises. In all, international law role should be to ensure â€Å"world public order† among international communities. Therefore, what shows the effective of vital rules of international law is the extent to which states obey or enforce them. This is the failure of international law. It cannot enforce its vital rule of prohibiting the use of force against other states. Such creations of international law have led to lack of certainty. It is too flexible and open to manipulation. For instance, we can see that Serbia challenged Kosovo’s d eclaration of independence because the international law was not clear on remedial secession. This lack of clarity can lead to disputes among states. Thus, the issue of creation of international law is debate that cannot end. However, the fundamental concept is that international law protects sovereign states with regard to their international relations. Therefore, these rules are for states and created by states as they give state sovereignty high regards as it is the fabric that holds international community. We have to recognise that states need international law and its processes of creation remain irrelevant. Bibliography Cismas Ioana, ‘Secession in Theory and Practice: the Case of Kosovo and Beyond’ (2010) 2(2) Goettingen Journal of International Law 531-587. Dixon Martin, Textbook on International Law (Oxford University Press, 2007). Harris David, Cases and Materials on International Law, 7th ed (Sweet and Maxwell, 2010). Hasani Enver, ‘International Law un der Fire: Utis Possidetis Juris: From Rome to Kosovo’ (2003) Fletcher Forum of World Affairs 1-3. Malanczuk Peter, Akehurst’s Modern Introduction to International Law (Routledge, 1997). Odentun Gbenga, ‘Africa before the International Courts: The Generational Gap in International Adjudication and Arbitration’ (2004) 44(4) Indian Jrn. Int. Law 701-748. Sumner Taylor, ‘Note: Territorial Disputes at the International Court of Justice’ (2004) 53 Duke Law Journal 1779-1812. Vidmar Jure, ‘Remedial Secession in International Law: Theory and (Lack of) Practice’ (2010) 6(1) St Antony’s International Review 37-56. Footnotes 1 U.N. Charter, Chapter VI, â€Å"Pacific Settlement of Disputes.† Article 33.1: â€Å"The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbit ration, conciliation, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.† 2 Sumner Taylor, ‘Note: Territorial Disputes at the International Court of Justice’ (2004) 53 Duke Law Journal 1779-1812. 3 Statute of the International Court of Justice, annexed to the Charter of the United Nations (1945), entered into force, October 24, 1945. 4 Enver Hasani, International Law under Fire, Uti Possidetis Juris: From Rome to Kosovo, Fletcher Forum of World Affairs, 2003. 5 1986 ICJ 570 (December 22). 6 Malanczuk Peter, Akehurst’s Modern Introduction to International Law (Routledge, 1997). 7 1953 ICJ Reports (ICJ) 47 (17 November). 8 Cismas Ioana, ‘Secession in Theory and Practice: the Case of Kosovo and Beyond’ (2010) 2(2) Goettingen Journal of International Law 531-587. 9 U.S. Department of State, U.S. Recognizes Kosovo as Independent State, Washington D.C., (18 February 2008). 10 â€Å"In the v iew of Oliver Corten by â€Å"prematurely† recognizing Kosovo third states are in breach of the principle of sovereignty and of non-intervention in the internal affairs of Serbia† (Cismas, 2010). 11 Dixon Martin, Textbook on International Law (Oxford University Press, 2007). 12 Gbenga Odentun, â€Å"Africa before the International Courts: The Generational Gap in International Adjudication and Arbitration,† Indian Jrn. Int. Law, 44:4, (Oct.-Dec. 2004), pp. 701-748. 13 Harris David, Cases and Materials on International Law, 7th ed (Sweet and Maxwell, 2010). 14 A. D’Amato, ‘Trashing Customary International Law’, 81 American Journal of International Law (1987) 1, 77, 102. This critical writing on Principle of International Law was written and submitted by user Ian U. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

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