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The Legitimacy of the ICC, 2005.
An analysis of the legitimacy of the International Criminal Court.
4,030 words (approx. 16.1 pages), 10 sources, MLA, £ 75.95
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Abstract
This paper examines the International Criminal Court (ICC) and explores the nature of the legal objection to this court and whether or not, as claimed by the United States, the ICC acts in such a way as to undermine both the U.N. system and international law. While the paper argues that the ICC is the legitimate crystallization of international law and cannot be denounced as either illegitimate, "lawless," or an effort to undermine the United Nations Security Council, it concedes that critics of the ICC are correct in claiming that the international community, represented by the United Nations, would have done better to resolve the institutional weaknesses in the International Court of Justice. In other words, not only should the ICJ have been fixed before energies were directed towards the creation of another court, but the failure of the ICJ, together with the United States' refusal to accept the ICC, does not encourage one to hold out hope that this body will become an effective representative of international law and justice within the parameter of its legal jurisdiction or the crimes/offences that it is supposed to deal with.
From the Paper
"In February 1998, the United States declared that it will not sign the Rome Statute, which would establish the permanent status of the International Criminal Court, signaling its complete refusal to accept the jurisdiction or even the legal basis of the ICC. Now, while many have criticized the United States' decision, insisting that it is the natural outcome of this superpower's persistent refusal to accept the authority of the United Nations, its organs or any international institution, few have actually sought to understand the basis of the United States' rejection of the ICC. Certainly, part of that rejection was determined by the United States' anxiety over the possibility of its citizens being transferred to the ICC for alleged war crimes, among other charges, or that it itself would be taken before the court in instances of international dispute. Quite simply stated, the dimension of national interest and the possibility however remote, that the ICC would limit the United States' capacity to act as it chooses within the international arena cannot be ignored when trying to assess the reasons behind the United States' rejection of the ICC and its denouncement of it as illegitimate. This particular explanation is bolstered upon consideration of the fact that the United States pressured many of the signatory nations to include within their ratification of the Rome Statute a condition which specifies that they will not take the United States or its officials and citizens to the ICC in case of dispute or suspected crimes which fall under the supposed jurisdiction of this court. However, despite the evidence supporting this particular interpretation of the United States' refusal to accept the ICC, it oversimplifies the objections raised against this court and its legal basis."
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Legitimacy of the U.S. Government, 2002.
Examining the legitimacy of the U.S. government according to the theories of John Locke.
1,577 words (approx. 6.3 pages), 2 sources, MLA, £ 35.95
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Abstract
Explores the question of the legitimacy of the United States government using Locke's political philosophy of Contractarianism and his Principle of Legitimacy. This explanation includes a definition and a discussion of the purpose of government, Locke?s Principle of Legitimacy, the idea of consent and why consent leads to a legitimate government.
From the Paper
"In order to discuss why a government is a legitimate one, the definition of government must first be established. A dictionary definition of the word government reads as: ?The organization or apparatus through which a governing individual or body functions and exercises authority?. The United States government fits this definition simply by having authority and exercising it over a group of people through being an official organization. The government of the United States was set up and laid out by the Constitution for the intention of ruling and benefiting it?s citizens. In the specific example of the United States a governing individual does not rule, but a governing body with an official head rules. The three branches of the government, executive, legislative, and judicial, serve as an organization through which authority is exercised. Government, according to Locke, also has a specific purpose. The purpose of Locke?s legitimate government is ?to protect property, which means it must supply the three things that are absent in the state of nature: settled law, judges, and enforcement power. "
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The Legitimacy of the Indian Wars, 2008.
A review of the conflicts between native Americans and colonists.
2,372 words (approx. 9.5 pages), 5 sources, MLA, £ 50.95
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Abstract
This paper analyzes the conflicts between native Americans and colonists in terms of the moral legitimacy of warfare. The paper states that the end result of these conflicts are clear; it led to the deaths of thousands of native Americans and the eventual disappearance of the majority of the native American tribes within North America. The paper argues that the results were disastrous for the native Americans, however on further examination, it becomes evident that the Indian wars qualify as a just war.
From the Paper
"In order to determine the legitimacy of the Indian Wars, a context for understanding the agents of action within the war must be developed. The Indian Civil War occurred in parallel to the American Civil War. The conflict began in the wake of the French and Indian War. The British, after acquiring the significant amount of territory ceded by the French dictated that settlements were forbidden west of the Appalachian Mountains. This policy was made to ensure that conflicts between the Native Americans and colonists would not continue to persist. However, due to pressure from the colonists, the British negotiated a treaty with the Iroquois in 1768 to allow for colonial expansion beyond the Ohio River."
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Karl Marx and Max Weber On Consent and Legitimacy, 1993.
A comparison of the views of Karl Marx and Max Weber on the basis of political power in the modern state.
1,350 words (approx. 5.4 pages), 5 sources, £ 32.95
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From the Paper
"This study will explain the importance of the different concepts of consent/legitimacy in both Marxist and Weberian theories of the state. The study will show in both cases --Marxist and Weberian theories --- how these legitimacy concepts are relevant to understanding the actions of the contemporary state.
Both Marx and Weber have supportable arguments to make about the nature of legitimacy, but it seems to this reader that Weber spends much time and energy skirting the basic economic interests of the state which Marx focuses on as the basis for legitimacy and for the actions of the contemporary state in the world system.
Essentially, Marx argues that the concept and practice of legitimacy flow from historical materialism, the development of..."
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The Legitimacy of Religious Schools, 2002.
This paper evaluates the Seventh Day Adventist (SDA) and the Catholic approach to education in an attempt to determine whether they should be considered legitimate recipients of government money in the form of vouchers.
1,610 words (approx. 6.4 pages), 6 sources, APA, £ 36.95
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Abstract
This paper discusses that the Catholic school emphasis is on educating students to be successful, rather than instructing them how to attain divine revelation, which is the goal of the Seventh Day Adventist schools. The author feels that too much emphasis on the spiritual and on divine revelation diminishes reasoning ability and the ability to think and understand on the theoretical level. The paper concludes that, if a school is to be subsidized by the community as a whole, the school must provide its students with a strong academic program.
Table of Contents
Why It is Important
Seventh Day Adventist Approach to Education
Catholic Approach to Education
Concluding Statement
From the Paper
"In recent years, the rhetoric over this issue has been ratcheted up. Why? Primarily because a general perception has developed in the United States that public education is failing to deliver on its great promise. The resulting backlash has created a demand for an alternative to the typical public school. Thus, one witnesses the proliferation of charter schools as well as a call for the introduction of private school vouchers. And this means that American society has come almost full circle. Two hundred years ago, the government funded private religious schools. A hundred years later, this funding was then removed and legal barriers put in place to bar access to it. Now, calls are being made to re-institute this funding."
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The Legitimacy of Violence, 2002.
Questioning whether violence is a legitimate form of protest.
900 words (approx. 3.6 pages), 4 sources, £ 24.95
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Abstract
This paper discusses the justifiableness of social protestors using violence to achieve their goals in the context of racism.
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The U.S. and the International Criminal Court (ICC), 2006.
This paper argues against the United States of America becoming part of the International Criminal Court (ICC).
1,480 words (approx. 5.9 pages), 7 sources, MLA, £ 33.95
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Abstract
This paper explains that, although the International Criminal Court (ICC) stands, complementary to national criminal jurisdictions, to prosecute heinous criminals of international concern, the United States would lose much of its sovereignty if it signed onto the ICC. The author points out that not only would American soldiers and politicians be breached of their sovereignty when they travel abroad, but also the court is flawed and has many weaknesses, which need to be worked out. The paper stresses that this rejection of membership in the ICC does not imply that the U.S. does not care about persons affected by war crimes or that it opposes prosecuting war criminals; the U.S. is well known to have led efforts in taking legal action among such individuals such as Slobodan Milosevic. Annotated bibliography.
From the Paper
"The hopes of the ICC are to "render accountable the perpetrators of the worst atrocities, and to deter future abuses." Imagine an operational body that might have brought to justice such historical tyrants as Hitler, Stalin, or even Chairman Mao for their known acts of violence. As it stands now, the ICC is committed to holding individuals accountable and is currently investigating war criminals in the Democratic Republic of the Congo, Uganda, and Sudan. The essential issue here is best described by Jamie Mayerfeld, "how can the world institute the global enforcement of fundamental human rights in a manner that is fair and accurate and that does not inflame international tensions" (94)? The Rome Statue draws out an excellent definition of genocide, war crimes, and crimes against humanity but the lack of a global agreement on human rights blocks the ICC from becoming universally acceptable."
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The International Criminal Court (I.C.C.), 2003.
Discusses the legal implications of the establishment of the I.C.C.
2,025 words (approx. 8.1 pages), 22 sources, £ 49.95
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Abstract
The paper presents information on the purpose of prosecution, trial, and sentencing of individuals found guilty of serious international crimes through the International Criminal Court. It also discusses the implications for world order and international law.
From the Paper
"LEGAL IMPLICATIONS OF THE ESTABLISHMENT OF INTERNATIONAL CRIMINAL COURT (ICC)
This brief discusses and analyzes the Rome Statute of the International Criminal Court (Rome Statute), the international treaty providing for the creation of an international ..."
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An International Criminal Court (ICC), 2005.
This paper examines the debate over an international criminal court.
1,800 words (approx. 7.2 pages), 10 sources, £ 49.95
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Abstract
This paper explains that an interesting but not surprising theme of this debate is that most advocates of an international criminal court tend to be from smaller and less powerful countries. The author points out that most opponents of an international criminal court tend to be from powerful, wealthy, industrialized countries. The paper relates that some of the main argument in favor of an international criminal court are its empower of weaker countries and their citizens and the reduce global tensions.
From the Paper
"In analyzing whether the world needs an international criminal court, it is evident that a number of arguments have been made both for and against such a court. The first main pro argument in favor of an international criminal court is that it would empower weaker countries and their citizens by providing them with the means through the ICC to redress grievances against powerful countries or their citizens. The second main pro argument is that the establishment of an ICC would reduce global tensions through the empowerment it provided weaker states and their citizens."
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ICC and International Humanitarian Law, 2004.
A look at why the U.S. voted against the text of the Rome Statute of the International Criminal Court.
12,752 words (approx. 51.0 pages), 84 sources, MLA, £ 168.95
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Abstract
This paper begins with a discussion of the U.S.A. arguments against its opposition to the International Criminal Court. This is then followed by a brief history of Article 16, beginning with the Article 23(3) of the International Law Commission Draft and ending with the final amendments that led to the adoption of Article 16 in its present form. The paper then provides a legal analysis of the conditions stipulated under Article 16 in conjunction with the conditions set forth in Article 39 of the United Nations Charter. It further examines the consistency of Resolution 1422 with both Article 16 and Article 39 of the UN Charter. The consequent section considers the conformity of the Resolution 1422 with the UN purposes and principles, arguing that there are inconsistencies, which have legal ramifications. The subsequent section commences arguing that the Security Council had exceeded its competence by adopting Resolution 1422. It further discusses the impact of the aforesaid resolution on two main points of the law of treaties. Finally, the paper addresses the impact of Resolution 1422 on different aspects of international law.
Outline
The U.S.A. and the Rome Statute
The Drafting History of Article 16
Resolution 1422 and Article 16
Resolution 1422 and the Purposes and Principles of the UN
Resolution 1422 and the Law of Treaties
Flying in the Face of International Law
From the Paper
"After the Rome Conference, the USA proclaimed that it wouldn't sign or ratify in present or in future the treaty in its present form . "Some U.S. officials have suggested that U.S. policy may go beyond mere non-participation to 'actively opposing' the ICC." After returning from the Diplomatic Conference in Rome, Meron Stated that, "[t]here is a real possibility that the United States may become actively hostile to the [Rome Statute] treaty." Senator Rod Grams who chaired the first Congressional hearing to review the ICC stated, "[t]his Court truly is a monster, and it is a monster that must be slain," . What are the reasons for a democratic country to become 'actively hostile' to such a treaty? Illustrating the stiffness and the rigidity of the USA position regarding the ICC treaty during the Rome Conference, it has been argued that, at the Rome Conference the USA delegation, "baked by its world's preeminent power," was so rigid to reach compromises that "some delegates began to wonder if the United States was really 'negotiating' at all, and many began to contemplate the possibility of proceeding without U.S. support."
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"King Henry IV", 2004.
An analysis of legitimacy as a theme in Shakespeare's "King Henry IV".
753 words (approx. 3.0 pages), 0 sources, £ 18.95
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Abstract
This paper examines the use of legitimacy as a theme in the play, "King Henry IV," by William Shakespeare. The paper includes a discussion of the legitimacy of the king and his rule, as a well as a close look at Prince Hal. The paper contends that Henry's legitimacy becomes the center of all of the major crises in the play and, thus, is a major and binding theme.
From the Paper
"From the moment Shakespeare's play 1 King Henry IV opens, the legitimacy of King Henry's crown is a major theme throughout the play. Not only does it become the justification of the Percys and others violent revolts against Henry, but it can also be used to explain the disobedient acts carried out by Hal, King Henry's son and heir to the throne. King Henry's usurpation of the throne and act of regicide lead to consequences that will spoil his reign illegitimate."
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The United Nations and Humanitarian Intervention, 2002.
A study of the legitimacy and success of humanitarian intervention (HI)with respect to the United Nations.
2,000 words (approx. 8.0 pages), 13 sources, APA, £ 43.95
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Abstract
This paper analyzes the importance of reforms in the machinery of UN peace and security operations in ensuring that future humanitarian interventions are both legitimate and successful. The paper argues that the success and legitimacy of HI are inextricably related. On the one hand, legitimacy is important if success is to be attained. On the other, legitimacy of HI will be undermined if the success is minimal. The paper claims that since UN machinery has defects in both terms, reforms are very important to increase the likelihood of successful and legitimate HI.
From the Paper
"Humanitarian intervention (HI), which increasingly involves the use of arms for humanitarian claims, is undoubtedly one of today?s important international relations (IR) discourses. Being an infant IR practice, HI is still being questioned for its legitimacy and success in relation to its claims. HI operations by the United Nations (UN) in Somalia and Bosnia have been considered unsuccessful, while in Kosovo, it has lacked international legitimacy mainly in the absence of UN authorisation. In those cases, the machinery of UN has been named as one significant cause. Therefore this essay will look into this supposition as to how important are reforms in the machinery of UN peace and security operations in ensuring that future humanitarian interventions are both legitimate and successful?"
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Legal Ramifications of the Iraq War, 2005.
A discussion of the legal arguments surrounding the Iraq war, dismissing legitimacy claims.
3,675 words (approx. 14.7 pages), 15 sources, MLA, £ 70.95
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Abstract
This paper examines the Iraq war from within the framework of the 'just war' theory and the legal parameters established by the United Nations through the Law of War. Through a critical analysis of the justifications presented for the war versus both the letter and the spirit of international law, the paper argues that this is an illegitimate war. The paper contends that the United States is in violation of international laws.
Outline
Introduction
The Legitimacy Question of the Current War
The Doctrine of Preemption and International Law
United States' Violations of International Law
Conclusion
From the Paper
"Following the destruction nations suffered in the wake of World War Two, the international community realized the necessity of establishing mechanisms for the prevention of war and the control of warfare. One means of preventing war was to establish a set of laws, outlining the precise circumstances under which wars may be conducted. The legal circumstances under which war can be conducted are expressed in the United Nations' Charter and the Law of War, both of which are based on the "just war doctrine" (Falk). The just war doctrine emphasizes the difference between wars that are morally principles and which are, basically, justified and those which are neither justified nor based on accepted principles. According to the United Nations' Charter, wars are just only in two cases. The first case is if it is a war of defence against a real threat, or against an actual attack, carried out by another nation (Falk). The second case is if the United Nations Security Council determines that a particular nation is in violation of international law, persistently rejects the application of international law and denies the validity and legitimacy of its institutions, thereby constituting a real threat to regional/global peace and security (Falk). In this case, the United Nations Security Council passes a resolution that legitimizing and authorizing war (Falk). This is what occurred during the first Gulf war of 1991."
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Blogging, 2005.
A discussion of the legitimacy of blogging as a method of receiving news.
675 words (approx. 2.7 pages), 3 sources, £ 18.95
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Abstract
This paper analyzes methods for receiving news, particularly blogging. It discusses the legitimacy of blogging as a form of journaling and reporting. It then compares blogging to alternate methods fro receiving news, such as late-night television and tabloid television shows.
From the Paper
"Blogging and Alternative Methods of Receiving News Blogging is a relatively new method for both giving and receiving news. Blogging is essentially journaling; however, through its popularity as a form of communication, it has gained legitimacy as a form of reporting. This legitimacy that has been gained is similar to that of other alternate news sources, such as late-night television and tabloid television shows. This paper will examine blogging and other alternate methods for receiving news. It will be used to discuss the influence of blogging and alternate news methods on the public and on more traditional new reporting, as well as the ethics of these alternate methods of reporting the news. Blogging Blogging is a method of journaling online. According to Deborah Ng, blogs are "personal Internet journals [that] have taken the Internet by storm" (par. 1)."
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