Environmental Justice: Some Ecofeminist Worries About A Distributive M

Environmental Justice: Some Ecofeminist Worries About A Distributive Model ABSTRACT: Environmental philosophers, policy-makers and community activists who discuss environmental justice do so almost exclusively in terms of mainstream Western distributive models of social justice. Whether the issue is treatment of animals, human health or property, wilderness and species preservation, pollution or environmental degradation, the prevailing and largely unchallenged view is that the issues of environmental justice are for the most part distributive issues. I think this wholesale framing of considerations of environmental justice solely in terms of distribution is seriously flawed. Drawing on both ecofeminist insights into the inextricable interconnections between institutions of domination and Iris Young’s work on the inadequacy of distributive models of social justice, I argue for the twofold claim that a distributive model of environmental justice is inadequate and that what is needed is an additional nondistributive model to supplement, complement and — in some cases — take precedence over a distributive model. Introduction Environmental philosophers, policy-makers, and community activists who discuss environmental justice do so almost exclusively in terms of mainstream Western distributive models of social justice: Environmental justice is about the fair or equitable distribution of environmental goods, services, and "resources." I think this wholesale framing of environmental justice issues solely or primarily in terms of distribution is seriously problematic. Drawing on both ecofeminist insights concerning the inextricable interconnections between institutions of human oppression and the domination of the natural ... ...as helped me think through my own ecofeminist worries about how issues of environmental justice have been construed. So I use what I take to be the salient features of Young’s critique to sketch both the limitations of such a model for environmental issues and the reasons for saying that what is needed is a supplementary nondistributive model. (9) See, for example, my two essays, "The Power and the Promise of Ecological Feminism," Environmental Ethics, Spring 1990, vol. 12 (3): 125-146, and "A Feminist Philosophical Perspective on Ecofeminist Spiritualities," in Ecofeminism and the Sacred, ed. Carol J. Adams (New York: Continuum Press, 1993): 119-132. (10) Young: 18. (11) Young: 4. (12) Anthony Weston, Toward Better Problems: New Perspectives on Abortion, Animal Rights, the Environment, and Justice (Philadelphia, PA: Temple University Press, 1992): 141.>

Effects of Corruption on Economic Growth Essay

Corruption has been around for a very long time and will be around in the future unless governments can figure out effective ways to combat it. This is not going to be easy. Corruption in any form is treated as an incurable disease cause of many social and economic evils in the society and it damages the moral and ethical fibers of the civilization .Indisputably, it is correct that corruption breeds many evils in the society & once corruption start take place ,slowly and gradually whole country passes through its net and it becomes after some time incurable diseases .from the economic point of view ,there seem to be no clear cut correlation between corruption and the economic growth of a country. There may be some social maladies like inequality of income among the people ,moral degradation of people due to the prevalence of corruption ,the parameter of economic growth which are taken on percentage or an average basis are entirely different To begin with, in the presence of corruption, businessmen are often made aware that an up-front bribe is required before an enterprise can be started and that afterwards corrupt officials may lay claim to part of the proceeds from the investment. Businessmen therefore interpret corruption as a species of tax–though of a particularly pernicious nature, given the need for secrecy and the uncertainty that the bribe-taker will fulfill his part of the bargain–that diminishes their incentive to invest. Empirical evidence suggests that corruption lowers investment and retards economic growth to a significant extent. Moreover, when it takes the form of tax evasion or claiming improper tax exemptions, corruption may bring about loss of tax revenue. What is more, the allocation of public procurement contracts through a corrupt system may lead to lower quality of infrastructure and public services. Then, Corruption may distort the composition of government expenditure. Corruption may tempt government officials to choose government expenditures  less on the basis of public welfare than on the opportunity they provide for extorting bribes. Large projects whose exact value is difficult to monitor may present lucrative opportunities for corruption. A priori, one might expect that it is easier to collect substantial bribes on large infrastructure projects or high-technology defense systems than on textbooks or teachers’ salaries. So far Indian economic is concerned the slow progress is the result of lack of decision making at higher level .Many politician who take money but could not enforce their will because of powerful lobby of bureaucrats at many place and a democracy like India ,voice of media ,voice of opposition could suppress the wish of the leader . India’s economic growth on an average 6 % GDP despite considerable corruption is because of the stability and the liberalized measure taken by the present govt., gradual privatization of various sector, reducing bureaucratic intervention in routine work & other measure adopted by govt. In brief it can be concluded that corruption and economic growth has no clear correlation .strong institution, political stability, fast and reasonability in decision taking are some of the requirement for fast economic growth.

Cultural Heritage Protection During Armed Conflict

The destruction of cultural heritage during armed conflict has become the forefront issue within the international discourse on its legal protection in the last several decades. Many scholars and professionals have contributed to the development of international legal instruments concerning cultural heritage protection. This thesis analyzes the existing international legal instruments to demonstrate their practical application, or lack there of, in recent armed conflict situations vis-aÌ€-vis the changing paradigm in the execution of war. The complexity of the issue of law and cultural heritage protection during armed conflict is that it involves a variety of disciplines: anthropology, archeology, architecture, conservation, law,†¦show more content†¦This chapter is broken down into three main parts, culture and heritage, the law and war, and the international community and its legal instruments. The first part addresses the historical perspective of the ideas about culture by acknowledging the development of the term; starting from Edward Burnett Tylor’s definition of culture from the 19th century to the ideas suggested by Clifford Geertz concerning culture.1 These ideas are further explored through contemporary scholarship on the associations of culture and heritage, and how cultural heritage relates to the identities of human beings and thus becomes a target in conflict situations. The second part of the first chapter, on the law and war, outlines the development of International Humanitarian Law th roughout history in order to communicate how the law is reactive and consequently created. The distinct difference in treatment of cultural objects throughout the history of war has demonstrated the value and ideas surrounding their importance and safeguarding. The last part of Chapter 1 is a legal analysis of primary sources of law, chiefly dealing with the Geneva Law and Hague Law, on the protection of cultural heritage and their practical application during armed conflict. Chapter two presents two recent armed conflict situations, the Bosnian War (1992-1995) and the Cultural Heritage Protection During Armed Conflict Introduction The destruction of cultural heritage during armed conflict has become the forefront issue within the international discourse on its legal protection in the last several decades. Many scholars and professionals have contributed to the development of international legal instruments concerning cultural heritage protection. This thesis analyzes the existing international legal instruments to demonstrate their practical application, or lack there of, in recent armed conflict situations vis-aÌ€-vis the changing paradigm in the execution of war. The complexity of the issue of law and cultural heritage protection during armed conflict is that it involves a variety of disciplines: anthropology, archeology, architecture, conservation, law, international affairs, politics and philosophy among others. Therefore when addressing the issue, all disciplines, as well as the many stakeholders involved, must be considered and challenged. Nevertheless, this thesis focuses on a legal analysis of cultural heritage protection during armed conflict to establish the importance that cultural heritage has on humanity at large and to emphasize the role of the international community in its safeguarding. The conceptual basis of this thesis is cultural heritage, therefore a critical analysis of the ideology associated with the terms, culture and heritage, is fundamental to understanding their development throughout time and within international legal instruments. The first chapter of thisShow MoreRelatedCultural Heritage Protection During Armed Conflict1927 Words   |  8 PagesThe destruction of cultural heritage during armed conflict has become the forefront issue within the international discourse on its legal protection in the last several decades. Many scholars and professionals have contributed to the development of international legal instruments concerning cultural heritage protection. This thesis analyzes the existing international legal instruments to demonstrate their practical application, or lack there of, in recent armed conflict situations vis-aÌ€-vis theRead MoreConflict, Looting and the Law Essay1293 Words   |  6 PagesConflict, Looting and the Law Iraq has over ten thousand registered archaeological sites (Patron 2008:466) and there is a long history of uncontrolled excavations which resulted from the demand for antiquities in museums and the mantelpieces of London, New York and Tokyo. When Saddam Hussein became president of Iraq in 1973 (Bio 2013) he used nationalistic parallels with Babylonian history to stimulate a national unity (Cuno 2011:54) - for example Nebuchadnezzar II’s palace at Babylon was rebuiltRead MoreUnderstanding Identity Asolitarist Approach1630 Words   |  7 Pagesdemonstrated how a particular group identity becomes a target in war, for example, the Jews were persecuted during the Second World War, but it should be noted that before the war, 80% of the Jews were also German citizens. Furthermore, Sen advocates for a deeper understanding of the multiplicities of identities to combat the integration of violence geared toward the cultivated singularity. When conflict arises the identities of the opposing groups can become a target for attack. Neal Ascherson, declaresRead MoreThe Arab Civil War And The Destruction Of Ancient Objects And Cultural Heritage Sites2184 Words   |  9 PagesSince the early twenty-first century and even before, museums in the Middle East have had to learn to cope with conflict. Syria is the best example of a country with many cultural heritage sites and museums that are in danger due to conflict. The onset of the Syrian Civil War and the destruction of ancient objects and cultural heritage sites by ISIS have been the most recent manifestation of this. As a result of the Syrian Civil War and ISIS takeover, sites like Palmyra and the Aleppo historicRead MoreThe United Nations Educational, Scientific And Cultural Organisation1105 Words   |  5 Pagesthen the UK has a stunning number of heritage destinations. The rich culture of the misty island has even resulted in a number of listings in the World Herit age Program. VoucherBin looked at the favourite UK World Heritage Sites and the reasons these destinations are such a good destination for a visit. What are World Heritage Sites? The United Nations Educational, Scientific and Cultural Organisation (UNESCO) keeps a list of sights that have special cultural or physical significance. The listRead MoreThe Cultural Heritage Of The Museum1804 Words   |  8 PagesIntroduction Today, armed conflicts still keep to strike the cultural identity of people through their cultural heritage more strongly than the worst natural risks. The cultural heritage is part of our human rights. It was highlighted that culture heritage is closely linked to sustainable development in economic terms. However, it is also a driver of sustainable development in its own right. Moreover, culture is a factor contributing to peace and security as well. Yet, these days, our historicalRead MoreTourism Development Of Sri Lanka2256 Words   |  10 Pagescontributed enormously for the economic development. Sri Lanka has earned $1.8 billion revenue from Travel Tourism alone. Report shows that it contributed 5.5% in Gross Domestic Products during 2013 and direct employment in tourism sector is doubled within 4 years at the end of conflict (CBSL, 2014). Thirty years armed conflict in the North East region of the country led to loss of life, displacement of persons, and destruction of infrastructure. The said situation led down the economy especially tourismRead MoreThe Roman Province Of Dacia1378 Words   |  6 Pagesarea corresponding to modern-day Ukraine, Russia, Kazakhstan) from Central Asia after the fall of the Asiatic Rouran Empire in 552 CE.† After the Huns and Avars came the Slavs which were designates an ethnic group of people who share a long-term cultural continuity and who speak a set of related languages known as the Slavic languages. After the Huns, Slavs and Avars came, Romania the slowly settled down and a feudal order was born. Around the 8-10th century, Eastern Orthodox Christianity was broughtRead MoreProblems Associated With Global Co Operation2516 Words   |  11 Pages It is widely recognised that the planet is facing serious environmental encounters that can only be addressed through global co-operation. The international legal developments related to the protection of environment took place in the second half of 19th century which was due to political and intellectual movement in west . Because they are unique so that is why they are and they should be treated in a unique manner â€Å"sui generis†. Due the fragmentation of environment the accumulation bringsRead MoreJap Land Of The Rising Sun1541 Words   |  7 PagesThis paper is going to look into how that transition happened and what we as Americans should know about the culture of this friendly nation. It was the morning of September 02, 1945, when the United States welcomed representatives of the Japanese Armed Forces and other Japanese government officials aboard the USS Missouri to sign documents making Japan’s surrender to the United States and end to World War II official. However, it wasn’t until fifteen years after the brutal end of World War II, that

In history, a woman was the one who would nurture the...

In history, a woman was the one who would nurture the bodies and minds of her children and husband. Dickens story takes a turn when he makes Mr. Gradgrind take on this role. Mrs. Gradgrind is barely mentioned but continues to have a strong message in her character. Through hard facts Gradgrind teaches both his students and children the same things and removes the burden of ideal femininity from his daughter, Louisa. Unfortunately, this leaves her unprepared for entering the world outside her own progressive family. She is unable to fulfill the idealized roles of wife and mother, and has no other options for adulthood outside of these. This book shows the constant need of a female role model in the household but fails to show it’s proceed†¦show more content†¦In this quote Dickens uses simile to make his point. He compared her to â€Å"any human being not arrived at the perfection of an absolute idiot, ever was.† Dickens uses powerful words like â€Å"no nonsen se† to show how submissive Mrs. Gradgrind was in her relationship with Mr. Gradgrind. He also used the word â€Å"injunction† to show how she opposes the stereotypical â€Å"motherly† traits; she is not nurturing, nor is she affectionate towards her children or husband. Mrs. Gradgrind is cold and aloof. Mrs. Gradgrind even goes as far to tell her children, â€Å"I really do wish that I had never had a family† (Dickens 58). She makes repeated statements like this throughout the novel, not sparing her children’s feelings. Just like Mrs. Gradgrind, Rachael was just as much a part of this disgraceful discrimination to females. Rachael is a factory worker who was childhood friends with Stephen Blackpools wife. She is now in love with Stephen, and helps him deal with life as a friend. After Stephens death, she spends the rest of Garcia 3 her life taking care of his widow. Steven is head over heels in love with Rachael but knows their secret love can’t turn into something because of his marriage. Steven says â€Å"No! Dont, please; dont. Let me see thee setten by the bed. Let me see thee, a so good, and so forgiving. Let me see thee as I see thee when I coom in. I can never see thee better than so. Never, never, never! He had a violent fit of trembling, and then sunk into hisShow MoreRelatedWomen During The Babylonian Exile1722 Words   |  7 Pageswill never be forgotten in the Church’s history. Meanwhile, the women who helped the church become a whole are often overlooked. It is not only men who build the church, for women also play a role in establishing it as well. While men indeed play a very significant part in spreading the Good News, women should also be recognized more often for their faith and courage to follow Christ. In early history, the involvement of women in any activity was overlooked. They were not allowed to takeRead MorePowerful Discourses Regarding Womens Bodies707 Words   |  3 PagesThroughout history, women and their bodies have been portrayed in numerous different forms. Some argue that the weak female body was prone to madness and hysteria, while others praise its purity and ability to nurse children. Edward Jorden’s A Briefe Discourse of a Disease called the Suffocation of the Mother, printed in 1603, is a prime example of the former argument. Jorden contends that women are more liable to fall under the control of supernatural powers and evil spirits. On the other hand,Read MoreWomen in Greek Society Essay1122 Words   |  5 Pagestoday started taking form. On the other side of the inequality, throughout the ancient history of the world, the roles and positions that women have had have improved over time. We can see this tracing time from Athens, to Sparta, the Roman Rep ublic, its Empire and the rise of Christianity. Although some of theses societies lived parallel in time, each one shows a difference in the way they treat women. Each one did not treat women the same, but the end result compared to the beginning is positiveRead MoreWomen Throughout History1999 Words   |  8 Pagessupposed to be housewives and nurture their children, overtime these views have changed. In todays society not only are women able to be mothers but they can also work outside of their homes. Women, who are considered single mothers, do every job whether at home or at the workplace. Men see women as inferior because until the about the twentieth century women began to gain just a tad bit of independence. This ties into gender roles, there has been many studies on how children are brought up, when a girlRead MoreWomen of Japanese Theater Essay2381 Words   |  10 PagesWomen in Japanese Theater The history of women in Japanese theater is the history of the social changes that swept the country in the late 19th and early 20th Centuries. Actresses at this time progressed from a point where they were not allowed to perform at all to the point where they were celebrated artists. Although it would be intriguing to tackle womens history in the theater across the entire period, the source book, Acting Like a Woman in Modern Japan, is so packed with informationRead More Gender Roles Essay2315 Words   |  10 Pagesthe strong prevailing social structure of the period and were constantly changing because of historical circumstances. For example, in the Greek ancient city of Sparta, masculinity as an ideal was strictly associated with the characteristics of being physically powerful, loyal warriors while femininity was related to marriage and procreation. In the High Middle Ages, France’s social structure deemed that a noble masculine role could include becoming either a member of the church or a knight whereasRead MoreA Brief Analysis on Sexism in English5522 Words   |  23 Pagesworld. English, one of the most popular languages in the world is no exception. The phenomenon of sexism is not only a linguistic one, but basically, a social issue that is far more notice-worthy than the public would have thought. Demonstrations of Sexism in English are too numerous to be totally covered. This paper illustrates demonstrations from the viewpoints of word-structure, word choosing, sentence structure, sentence pattern, meaning and speech, just to name the most common ones. Then it takesRead MoreWhy We Work and Changing the Approach to Work2174 Words   |  9 PagesOF WOMEN When one travels back in history, in the 1950s, women were given specific roles in society. If you were a woman then your role was to be a housewife and take care of the kids. The husband would go out and work whereas the woman would clean the house, cook the food, and nurture the children. Parents did not bother much with the education of their daughter and rarely females were allowed to go for post-graduation. Many societies back then did not allow a woman to marry who she liked and theRead More Why Women Stay in Violent Relationships Essay4419 Words   |  18 PagesViolent Relationships Most women have at least one dependant who must be taken care of, many are not employed, their parents are either distant or unable or unwilling to help. She may lack the access to cash; she or the children may be in poor health, may face a decline in the living standard for herself and her children. Many older children may resent this decision. She may believe that she will be charged with desertion or losing the children and cash assets if she leaves. Some battered womenRead MoreBlood Brothers, by Willy Russell Essay2096 Words   |  9 PagesBlood Brothers Blood Brothers is a story of a pair of twins who are separated at birth. They are brought up in totally different ways and this is shown through the characters register, body language and reactions to each other. They story is told by various methods such as the use of an interventionist narrator and soliloquy in the form of songs by the characters. In this essay I intend to analyse various techniques and themes which help establish this play to the succesful status it has attained

Essay on Honor and Glory in Homers Iliad - 1402 Words

Honor and Glory in Homers Iliad Mortality, by its very nature, causes mens lives to be cut short at their primes.The Fates cut our lives short at any time, so the Greeks must have an example, a model mortal, to follow so as to make the most of their lives.A model mortal is one who lives his life accumulating the most honor and glory: he pressed for battle now where men win glory (4: 259).By strictly adhering to the honor/heroic code, a mortal can raise himself to become the model mortal. This hero, Diomedes, is the model mortal of the Greeks. Diomedes follows the heroic code, finding glory and honor on a battlefield and does so humbly while caring for his men.Diomedes lives and is prepared to die by†¦show more content†¦Achilles is selfish when, being dishonored, he leaves his men and goes crying to his tent.Agamemnon also acts like this when he takes the most honor (booty) just because he is the king, not because he earns it.Diomedes, while establishing glory by the great feats he accomplishes, is able to keep order in the troops.He cares for other troops and his people.He does not run away when Agamemnon calls him a coward.Instead he holds steadfast, realizing that Agamemnon is just doing his job and accepts dishonor.Most heroes in the Iliad are able to establish greatShow MoreRelatedExamples Of Glory And Glory In The Iliad1054 Words   |  5 Pages4, 2017 Glory and Honor in Homer’s Iliad Thesis: Great honor comes with great responsibility. Glory should come with wisdom. Homer presents this idea in various ways. This theme is woven through The Iliad showing the foundation of dignified heroes and self-glorification. Introduction: I. Honor and glory A. Heroic actions B. God-like glory II. Social Status A. Greek Society B. Recognition and influences III. Mortality and immortality A. Glory after death B. Ongoing honor ConclusionRead MoreHonor, Glory, Legacy Of The Iliad1735 Words   |  7 PagesHonor, Glory, Legacy How important is it to be honored? To gain glory in this life? To secure a lasting legacy? To the Greeks and Trojans in Homer’s famous epic, The Iliad, these were the most important things in life. The Greeks of Homer’s time believed that personal honor and glory was just that, personal. Honor and glory belonged to the individual who was skilled and accomplished enough to obtain it for himself. This honor and glory was held in the highest regard, and the worldview that honorRead More The Role of Women in Homer’s Iliad Essay796 Words   |  4 PagesThe Role of Women in Homer’s Iliad Homer’s Iliad is undoubtedly focused on its male characters: Achilles, primarily, but also Hector and Agamemnon. Nevertheless, it seems that the most crucial characters in the epic are female. Homer uses the characters of Thetis, Andromache, and Helen as a basis for comparison to the male characters. Homer wants his audience to see and understand the folly of his male characters in choosing war over peace, aggression over kindness, and honor over family. WhileRead MoreGreek Mythologies: Gods and Mortals in Greek Literature1714 Words   |  7 Pagessociety; however, the role of the divinities in human affairs is particularly accentuated in most, if not all, Greek mythologies. Nevertheless, each author displays the role of divinities and supernatural differently, as Homer in The Odyssey and The Iliad displays direct interaction between the supernatural divinities and the mortals. On the other hand, Sophocles’ Antigone lessens such interactions and emphasizes the human r ole, while Thucydides’ History of the Peloponnesian War completely ignores theRead MoreThe Importance of Woman in the Iliad684 Words   |  3 PagesHomers Iliad is the product of a society in which men played the dominant role. Throughout history, women have been viewed as playing small roles in society. The role of women in the Iliad is very small and overshadowed by the main story of Achilles and the Trojan War. The shadow that is cast over the women in the Iliad can often block readers from seeing the important role that they play in this classic Epic Poem. Most readers view the women of the Iliad as simply war prizes but without them thereRead MoreThe Iliad: Literary Analysis1552 Words   |  7 PagesThe Iliad: Literary Analysis Throughout The Iliad, an epic poem written by Homer, there were numerous warriors and other characters that could be looked upon as heroes; some of these heroes included Achilles, Ajax, Diomedes, Hector, and Glaucus. All of these individuals were heroes because of their remarkable mental and physical strength: they were courageous and were better fighters in war than other ordinary men. The trade of battle was a way of life to the Greeks back in Homer’s time. ChildrenRead MoreTrojan War in Homer ´s The Iliad868 Words   |  4 Pages Homer’s Heroes The epic poem called The Iliad written by Homer concerns the Trojan War. It shows Trojan and Achaean warriors’ courage, bravery and their attempt to become the best fighter to get fame, glory, and honor. The heroes in The Iliad follow Homer’s heroic code, striving for excellence. Hector and Achilles’ strength comes from their desire for fame, glory, honor and their acceptance of fate. These qualities are considered to be characteristics of Homer’s heroic code. However, the actionsRead MoreMorality In Hesiod And Homers Theogony And The Iliad763 Words   |  4 PagesIn ancient Greece, the two poets Hesiod and Homer wrote dramatic stories outlining the nature of the Greek gods with their main works Theogony and The Iliad. They each offer descriptions of order, morality, and justice in the world, but there is a stark difference between each author’s work; Homer’s mythology features much more authoritative deities than Hesiod’s, ultimately establishing a more political, absolutist social order. The gods’ interactions with each other and with the human world areRead MoreHonor And Glory By Homer1574 Words   |  7 PagesOctober 5, 2015 Honor and Glory The idea of obtaining honor and glory are what Greek characters dedicate their lives to. The Greeks lived by a heroic code, which shaped their society. Being remembered, as a great warrior, is one of the highest honors a Greek soldier can obtain. Honor and glory are the cause of the Trojan War, which takes the lives of many men. Honor and Glory are what define the hero in the epic poem, The Iliad, written by Homer. Throughout the Iliad, honor and glory is the motivationRead MoreExistentialism And Akhilleus : State Of Affairs1182 Words   |  5 Pagesand Akhilleus’ State of Affairs in Homer’s Iliad Existentialism is a philosophy that deals with human existence. This philosophy is a complex subject that asks questions about life that include meaning, purpose, choice, morality, ideology, and individuality. When reading other texts one could easily make connections to existential themes within the book’s literary tropes. Occasionally, some books have an overloaded abundance of existential themes. Homer’s Iliad is one of the books that comprise of

Principles of Public International Law free essay sample

â€Å"Law will never really play an effective part in international relations until it can annex to its own sphere some of the matters which at present lie within the domestic jurisdiction of the several states. † Discuss ‘The principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognised’. The aforementioned is a definition of law as defined by the American Heritage dictionary of the English Language. If we apply this definition of community in its strictest sense it becomes increasingly difficult to subscribe to the view that there is an international community at large. If we begin to analyse statistics that show that there are over 7000 languages in the world, approximately 10,000 distinctly different religions, and a disputably infinite number of ethnic groups across just the 195 countries that comprise our global society, then it becomes patently clear that we would be better off highlighting our divisiveness rather than our prospects as a global community. Our collective history as human beings, however, tells a different story about our common interest and the way in which we have formally raised and torn down barriers to promote the same. We have, on the other hand, been separated on the basis of differing ideologies and the exercise of exclusive nationalism. Since the latter is a sentiment which resides in particular nations which have at their core a set legal framework validating their very existence and their interaction with other nations, it is essential to any study of law’s application to international relations. How does a sovereign nation reconcile its very sovereignty with its growing need to be integrated into a shrinking global society with its concomitant shrinking global economy? It is clear that some compromises must be made. Before we consider any specific cases in which states have decided to relinquish some of their sovereign power, we must consider the implications of the term sovereignty itself, the elements of sovereignty and its importance to a nation-state. Much has been written on the topic of sovereignty. Definitions vary slightly from one text to the other but they all have at their core, when specifically referring to the idea of state sovereignty, the idea of legitimate authority. In Sohail H. Hashmi’s discourse on sovereignty in the book ‘State Sovereignty, Change and Resistance in International Relations’, he asserts, referring to the concept of legitimate authority, that it is â€Å" a broad concept – not a definition but a wide category – that unites most of sovereignty’s tradition. He further notes that authority can be defined as â€Å"The right to command and correlatively, the right to be obeyed† and is only legitimate â€Å"when it is seen as right by those living under it. † It is to be noted that legitimate authority is not simply the idea of more power. R. P. Wolf, the twentieth century political philosopher and individual anarchist, illustrates the difference more sharply in a classical example in which he argues â€Å"if I am forced at gunpoint to hand over my money, I am subject to power; if I pay my taxes even though I think I can cheat I am recognizing legitimate authority. † We must recognize, however, that though legitimate authority is the overarching principle on any discourse on state sovereignty, there are specific elements of state sovereignty that are crucial, which every sovereign state holds dear to it and attempts to retain regardless of seemingly necessary or stipulated concessions of power, influence or authority to the international community. They include International Legal Validation (of a sovereign state), Interdependence Sovereignty and Domestic Sovereignty. International Legal Validation can be viewed as the right of the state to be a sovereign entity as prescribed by ‘international law’. It is legitimate authority as a legal construct or as Hashami puts it â€Å"legitimate authority† that is â€Å"prescribed by the law. † (Hashami, pg 18) The author Stephen D. Krasner in his book ‘Sovereignty, Organised Hypocrisy’ describes this element of sovereignty as international legal sovereignty. He states that it â€Å"refers to the practices associated with mutual recognition, usually between territorial entities that have formal juridical independence. † At its core international legal validation concerns issues of the recognition of states. If one were ignorant about the political climate on the global front, the natural answer to the question ‘how did a state become a state? ’ would be that ‘the would-be state must satisfy the defined stipulations (in international law) for becoming a state. Following this line of reasoning would inevitably lead one to the very first article of the Montevideo Convention on Rights and Duties of States, which since 1933 set out that â€Å"The state, as a person of international law should possess the following qualifications: (a) permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with other states. It does not take much political savvy, however, to understand that the legal criteria for statehood and the actual criteria for being recognized as a state by the international community at large is a de facto and de jure issue. As Krasner postulates â€Å"States have recognized other governments even when they did not h ave control over their claimed territory, such as the German and Italian recognition of the Franco regime in 1936, and the American recognition of the Lon Nol government in Cambodia in 1970. States have continued to recognize governments which have lost power, including Mexican recognition of the Spanish republican regime of 1977, and recognition of the Chinese Nationalist regime by all of the major Western powers until the 1970s. States have refused to recognize new governments even when they have established effective control, such as the British refusal to recognize the July monarch in France until 1832, the US refusal to recognise the Soviet regime until 1934. (Krasner, pg 15) The recognition of states is definitely an area in which the law (as prescribed by the Montevideo Convention and more recently the EU, which has almost identical tenets concerning the recognition of states) has proved ineffective in international relations precisely because of the political agendas and consequently domestic jurisdiction of the several states which reflect the political climate in which they operate. States attempt to hold on to this type of sovereignty because it affords them clout and validation in a global society in which interdependence is not just an ideal but a tool for survival, at the very least and a necessary aid to prosperity at the very most. The point here is not that nonrecognition brings with it a form of absolute isolation which renders the unrecognised state permanently barred from international commerce and diplomatic relations. What is of paramount importance, however, is the fact that nonrecognition brings with it an air of uncertainty concerning the unrecognised state, particularly in the eyes of multinational firms which as a result may be more reluctant to invest. Krasner notes that â€Å"by facilitating accords, international legal sovereignty offers the possibility for rulers to secure external resources that can enhance their ability to stay in power and promote the security, economic, and ideational interest of their constituents. (Krasner, pg 17) Interdependence sovereignty is the ability of a state to regulate the flow of information, goods, ideas and people into and out of its country. States try to hold on to this type of sovereignty because their ability to do this is directly related to their ability to effectively take control and organise their own polity, which in essence is domestic sovereignty which states must hold on to by definition i. e. in order to be a state in the first place. We shall consider reasons which prompt states to relinquish some of their sovereignty later in our discussion. We have thus far acknowledged, via several examples, based on the politics involved in the process of mutual recognition of states, that the issue of international legal sovereignty or international legal validation is a de facto versus de jure consideration. Is this, however, a trend in the legal procedures in international relations? The law, based on our previously defined definition, must be applicable to the actors in the community in hich it is operating. If, in the realm of international relations, the law can be voluntarily and regularly flouted by those who come under its subjection then serious questions arise about the very existence of ‘international law’. It must be duly noted though that states undeniably operate within the workings of a law order which to a large extent regulates their day to day interactions with one another and which is autonomo us in its operations. There are a countless number of international treatises that are steadfastly observed on a day to day basis. Examples include international agreements which facilitate the smooth to and fro transport of letters which are transported to all corners of the globe at fixed rates which are stipulated by the Universal postal union, the establishment of hundreds of football leagues worldwide- the individual countries who oversee them all subscribing to the specific rules and regulation set out by the world governing body in football, F. I. F. A. and the Vienna Convention on Diplomatic Relations which afford diplomats exemption from prosecution within the courts of the country in which they are stationed. It is evident then that there is a legal framework that regulates the goings on of international relations. We have to probe a bit deeper into the workings of this system in order to ascertain whether or not it can accurately be characterised as international law. It can be argued that upon examination of our above examples of situations in which law plays an effective role in international relations, that the circumstances demand that such broad and far-reaching legal action be undertaken. The methods may vary but in order for letters to be transported globally there must be some standardisation procedure. This sort of necessary ‘self-coercion’ can be observed in a slightly different manner in the operations of international trade and commerce. Often times when two countries have a trade dispute they seek to resolve it in the World Trade Organisation (W. T. O. ), the foremost international authority on trade and trade disputes. The country that loses the dispute, in a legal case which is heard before a court of law under the auspices of the W. T. O. , more often that not abides by the decision. This, again, is not necessarily because the losing party has a great respect or reverence for ‘international law’ or the W. T. O. per se, but rather because it is within its interest to do so. As Harris explains, â€Å"The great majority of the rules of international law are generally observed by all nations without actual compulsion, for it is generally in the interest of all nations concerned to honour their obligations under international law. † (Harris pg 8) He further argues that a nation will be â€Å"reluctant to disregard its obligations under a commercial treaty, since the benefits that it expects from the execution of the treaty by the other contracting parties are complimentary to those anticipated by the latter. It may thus stand to loose more than it would gain by not fulfilling its part in the bargain. This is particularly so in the long run since a nation that has the reputation of reneging on its commercial obligations will find it hard to conclude commercial treaties beneficially to itself. † (Harris pg8) There is, evidently then, a law amongst nations, which is effective regardless of the reason for it being so. The problem of defining this law amongst nations as ‘international law’, however, lies in part because of those very cases in which it is flagrantly disregarded. For any legal system to functional optimally it must operate in a community in which there is a legislative system to make laws as it sees fit, a judiciary to implement the administration of justice and an executive body to enforce the law. Now grant it, generally speaking, there is no formal legislative system in international relations, when countries enter into agreements with each other the signing of treaties is usually undertaken and this serves as the source of law that is meant to dictate the terms of their agreement. However, unlike what is the case in municipal law, there is no definite enforceability method. There is no one authority that can guarantee the compliance of states to international treaties or conventions. We have already made the point that in most cases compliance has become second nature – but what of the cases (though they are scarce) in which it is not? Within the domestic law arena there are cases in which the law is glaringly broken. Once there is enough evidence to convict the wrongdoer, he is convicted and punished. The punitive measures that are undertaken would have been pre-determined by the legislative body and subsequently enforced by an executive body. There is no such arrangement in the international domain. As Harris puts forward â€Å"The problem of enforcement becomes acute, however, in that minority of important and generally spectacular cases, particularly important in the context of our discussion, in which compliance with international law and its enforcement have a direct bearing on the relative power of the nations concerned. In those cases†¦considerations of power rather than of law determine compliance and enforcement. † (Harris, pg 9) Therein lies the difficulty in saying that there is a law of nations. Having established the problematic nature of ‘international law’ or a ‘law of nations’, we shall henceforth temporarily ignore our challenges with nomenclature for the purposes of our remaining discussion. That being said, it is of critical importance to analyse the impact of international law on municipal law and vice versa. There is an ongoing dispute between theorist who believe that international law and municipal law are two separate legal orders and theorist who believe that they are part of the same legal order. The formative argument is known as dualism while the latter is known as monism. There is no one argument based on either monism or dualism that comprehensively settles the dispute. â€Å"On the international plane, international law is invoked and applied on a daily basis by states and intergovernmental organisations. With minor exceptions, it is the only law that applies to the conduct of states and international organisations in their relations with one another. Here international law is a distinct legal system, comparable in its scope and function to a national legal system. † (Buergenthal-Murphy, pg 3) The point mentioned above is very valid and gives credence to the dualism argument. Diplomatic relations, as discussed earlier, are dealt with strictly on the international plane. In order to see the appeal of the monism argument however we have to look no further than the argument establishing the Caribbean Court of Justice (C. C. J. ). Article XXIII of this agreement is as follows: 1)Each contracting party should, to the maximum extent possible, encourage and facilitate the use of arbitration and other means of alternative dispute resolution for the settlement of international commercial disputes. )To this end, each contracting party shall provide appropriate procedures to ensure observance of agreements to arbitrate and for the recognition and enforcement of arbitral award in such disputes. The C. C. J. is a court whose aim is to have a â€Å"determinative role in the further development of Caribbean jurisprudence through the juridical process† is thus an international lega l authority. In order for its smooth operation it must nevertheless depend on the domestic jurisdictions of its member states. Monism and dualism can hence be viewed as fluid concepts which exist in varying degrees. Though we noted that the operations of the C. C. J. can give credence to the monism argument, this is not so for all international organization and agreements. The operations of the European Union (E. U. ) for the most part are done independently of its member states (as there is a parliament which sets laws that are binding to the EU members). Besides the fact that this can be used to illustrate one example in which dualism is at play, it brings us to the crucial consideration of treaties, conventions and multilateral agreements which make international agreements like the C. C. J. and the E. U. ossible. ‘The Revised Treaty of Chaguramas’ and the ‘Treaty of Maastricht’ are the treatise which birthed the C. C. J. and the E. U. respectively. Treaties and Conventions are paramount to international law because they serve as sources of international law in an international community in which there is no sole international legislative body which establishes inter national laws. One of the biggest challenges to international law is the challenge of compliance. In the eyes of most states their sovereignty is paramount and so agreements which diminish it in any form are entered into tentatively. However over time there have been international agreements which have proved effective in advancing the political, economic, and social needs of specific states and as the opportunity cost of surrendering some of ones sovereignty becomes bigger more states seek to enter into these international agreements. A perfect example of this reality is that of the Treaty of Maastricht, which birthed the E. U. The benefits that states have accrued since joined the E. U. have been unprecedented and as a result more and more European countries are seeking to join. Some of the major benefits of E. U. member states are listed below: 1)Elimination of foreign exchange transaction costs with other E. U. countries 2)Elimination of exchange rate uncertainty of one country’s currency against. This has improved the quality of information on which consumers and firms base their decisions. 3)Inflation has been kept in check so that new countries that have joined the E. U. joined a low inflation area. This continues to contribute to economic efficiency and credibility of the European central bank. 4)Protection against illegal immigration )Tighter overall security as there is a common computer record of dangerous individuals, traffickers, terrorists and missing persons. 6)Europol, which is a European police office set up by the treaty of Maastricht, is an organization designed to fight drugs, crime and terrorism in the countries of the member states. The office establishes a system for the exchange information among the national police and legal sys tems. The aforementioned are just a few of the many benefits of the E. U. Others are centered in benefits to tourism (as boundary restrictions between member states are relaxed) and education. Treaties can clearly go a long way in creating elements of international law. The member states often voluntarily give up some of their sovereignty but welcome the benefits they receive in return. From our investigations we have noted cases in which law has proved effective without being invasive in a country’s domestic jurisdiction. We have discussed several examples which include the formal organization of a well run diplomatic community and the smooth overseeing of world football by its governing body F. I. F. A. We have also observed cases in which it is necessary for law to extend its reach into the sphere of municipal law to establish its effectiveness in international law. Examples include the establishment of the E. U. and the C. C. J. In the case of the latter problems in efficiency arise as the sovereign member states have been reserved in relinquishing key aspects of their sovereignty as evident by Article IV of the treaty establishing the C. C. J. which stipulates that judges of the court are to be selected by the executive branch of the several member states. The former body transcends such problems for the very reason that the latter doesn’t – because it requires its member states to cede a sizeable amount of their sovereignty in order to create a legislature which has the power to make laws concerning the affairs of the member states. It is true that there are many cases in which law plays a very effective role in international relations without having to annex to its own sphere any of the matters which lie within the domestic jurisdiction of the several states. On the contrary, it is also true that there are some issues, which are impossible to effectively resolve through the avenues of law without the comprehensive integration of domestic law into the realm of international relations and this in itself is a monumental challenge because it often requires sovereign states to surrender some of their sovereignty, which oftentimes, they are not willing to do.

Tortilla Curtain Essay Example

Tortilla Curtain Paper Social Criticism: Looking at the book â€Å"The Tortilla Curtainâ€Å" in detail, it is very obvious that the author T. C. Boyle tries to imply the theme of social criticism. Therefore he uses the technique of shifting between either the American or the Mexican couple. Thus the lives of the two couples are continually juxtaposed and contrasted in a kind of a dual structure which highlights the fundamental differences and makes the contrast visible. Due to the story of the Mexican couple he makes us look at the bottom of society and the lowest possible level of living. They have no proper food, no proper shelter, no work, no health care and the characters life is insecure and unprotected. The American couples life stands in stark contrast to them, because the have everything what one can think about. However, the Mexican illegal laborers and maids go about unrecognized and unacknowledged in American society, unless they can be used as cheap labor. And all this happens day by day in one of the worlds richest countries and in wealthy communities like the Arroyo Blanco. This huge diversity or as you which contrast between the two human conditions raises questions of social justice, of social responsibility and of societys moral. T. C. Boyle draws ones attention to a problem, which seems most far-reaching invisible for the most Americanas. But in fact the illegal immigration has become a big problem which America is facing. We will write a custom essay sample on Tortilla Curtain specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Tortilla Curtain specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Tortilla Curtain specifically for you FOR ONLY $16.38 $13.9/page Hire Writer But America hasnt found the right answers to those problems yet. Finally, one can see this book as a concession from an American citizen, who T. C. Boyl is, to the current problems. Cars and Traffic: The richness in detail concerning cars and traffic is one of the striking features of the novel. Not only do cars have a great importance in American society, they also are treasured possessions, status symbols and playthings. For example Delaney is in love with his white Acura Vigor and keeps him clean. The little damage his car got from the crash with Candido has to be rectifies immediately. And after the theft of his car the fear of being again separated from his brand new one and of losing it paralyzes him. It seems as if the car as the American symbol of freedom and mobility seems to enslave Delaney. Kyras Lexus matches her elegance and stand for her personal success and her business job. In stark contrast to those expensive cars stands Senor Willis , who is Mexican, old car which hardly manages to get up the canyon road. Furthermore, the once idyllic Topanga Canyon Road has to suffer from the onslaught of cars, especially during rush hours. Overpopulation, American restlessness, the Americans chase for money and their wealth are seen as the causes of the traffic congestion. For Candido the constant hurry is just crazy and he cannot understand that. Finally Candido becomes injured by a car at the very beginning, which can also be seen as the first sign of his fate and that he is not suppose to make it in the U. S. A..