Business law exam Case Study Example | Topics and Well Written Essays - 1000 words

Business law exam - Case Study Example This definition also ensures that the employer is protected against unlawful acts by employees, which might jeopardize the welfare of the organization. The Rand formula This stipulates the requirement of the Canadian employment laws, requiring that all employees should pay the trade union dues and subscriptions, notwithstanding their union membership status. The significance of The Rand formula for labor laws in Canada is to ensure that employees do not disassociate themselves with union membership through failing to pay the required dues, yet they benefit from the functions of the union. Wagnerism This is a provision of the law allowing employees in the private sector to engage in lawful labor practices, such as the establishment of labor unions, participating in lawful strikes and signing collective bargaining agreements with their employers. However, the law exempts certain employees from being considered eligible for Wagnerism, such as the domestic workers. The significance of Wa gnerism for labor law in Canada is to give employees working under private sector the rights to exercise their freedom at the workplace, though within the confines of the law. Secondary picketing This refers to lawful protesting by employees in support of their union activities, in a different location that is not their employer’s premises. Secondary picketing allows the union members to undertake protests or demonstrations in favor of their union, where the employer has blocked them from accessing the premises. The significance of secondary picketing for labor laws in Canada is to allow employees a channel through which they can express their grievances, on the event that their employer has blocked them from protesting within the employer’s premises. Part B Question 1 The role of International Labor Organization (ILO) is to set and oversee the adherence of the international standards of labor, as well as fair working conditions and terms, for employees globally. Thus, the ILO provides guidance for the acceptable labor standards, while advocating for the improvement of the working environment for the employees. The ILO also defines the relationship between employees and employers, with a focus on the rights and responsibilities of each party. The impact of ILO functions, on the Canadian Labor laws, is to streamline the laws so they match the required international standards and requirements. Question 2 The role of the arbitrator, as stipulated by the Canadian labor laws, is to intervene in the conflict between employees and their employers. Therefore, an arbitrator plays the role of resolving the conflict arising at the work place, or any other work related conflicts between the employer and employees. The functions and powers of the arbitrator were extended by a court ruling, granting an arbitrator the powers to require specific performance from an employer or an employee, depending on who is wrong. The impact of the Weber decision to the powers of the arbitrator is that it extended these powers, to allow an arbitrator change the collective agreement terms between the employer and the employee, as the arbitrator deems necessary. Question 4 The relationship between a union and its members is that of a contract. Therefore, the contract is established on the basis of the union receiving dues and subscriptions from the members, and in turn the union represents the interest

Critical Analysis of a Quantative Study Research Paper

Critical Analysis of a Quantative Study - Research Paper Example When a study is to be conducted, the protection of the human participants or respondents is an issue of primary importance. Essentially, all participants have to be fully aware of their role in the study and what the study is all about. It is important that they are informed of the benefits they can gain from participating in the study as well as the risks that they face. In this particular study by Miyashita, et al. (2006), no particular benefit was provided by the investigators that the respondents stood to gain by participating. The authors also did not provide any risks that the participants face if they agreed to participate in the study. Ideally, the study is supposed to obtain the informed consent of the participants. In this particular study, the respondents were enrolled by the Palliative care units. The respondents were given the freedom to choose on whether not to participate or to participate. It can then be concluded that the study obtained informed consent from the resp ondents. Additionally, the study obtained both scientific and ethical validity from the institutional review boards of hospitals that were participating in the study. With reference to data collection, there are independent and dependent variables. The author identified the variables as follows; the general population and the bereaved family were the dependent variables. The independent variables were the age and sex of the respondents. It is worth noting that the authors failed to overtly demonstrate the significance of obtaining the sex of the respondents as its value to the study was not clearly demonstrated. The authors chose to use questionnaire as the sole means of data collection. The authors did not provide a rationale for choosing to use this method of data collection. It would have beneficial for the authors to state for example why questionnaires were chosen over interviews for data collection. Again, using this method solely as the main method of data collection cast some doubt on the reliability of the data obtained. This is because respondents may give information without understanding the purpose of the study and thereby compromise the accuracy of the data (Creswell, 2008). But, by allowing the respondents to choose whether to respond or not to; they prevented any ethical issues from arising. The questionnaires did not request for any form of information that may be directly associated with any particular individual thereby assuring the respondents their privacy. The authors posted the questionnaires on August 2004 and then October 2004 for those who had failed to reply. The participant was expected to receive the questionnaire sent by mail and fill the information if he is willing to participate in the study. He would then post it back to the investigators. The primary objective of the study was to conceptualise the good death dimensions within the Japanese care center. The study also intended to clarify on the significance of each of the components of good death and explore the factors that influence an individual’s perception of good death. The authors used Cronbach’s alpha coefficients and e xplanatory factor analysis to be able to conceptualize a good death. The factor analysis enabled

Some People Believe That the Earth Is Being Harmed Essay Example for Free

Some People Believe That the Earth Is Being Harmed Essay Some people think that things humans are doing hurt the planet; but others hold the opposite view and believe positive contribution of human activity to the Earth. Although the human contribution is no doubt, from my point of view, it is also undeniable that humans are harming the planet. Firstly, human industrial activities are seriously affecting the environment. Considering this issue, industrial plants probably hold a main responsibility. Many industrial plants just pay close attention to promoting their manufacture of new products and raising their benefits, but they do not care much about possible environmental problems from such their economic activities. The operation of industrial plants usually produces a massive amount of environmentally damaging matter, which will be discarded directly to the surrounding if the plants do not have their own good system of handling waste. The produced industrial waste products can include toxic chemicals such as carbon dioxide and sulfuric acid, and other hazardous waste that put risks to the environment where human and animal are living. As a result, the human industrial activities have unintentionally become main factors that contribute to environmental damages, namely air pollution, water pollution, the green house effect and the global warming, which have already been worrying issues of the world. According to a recent environmental research, it is estimated that production activities of industrial plants worldwide account for about 43% the total amount of air pollution and water pollution produced by the world annually. Along with the industrial development, even human daily activities have adverse impacts on our Earth. One of them that must be taken into account is transportation activities. Human commuting transportation is more and more aggressive, while traffic density and therefore associated environmental problems have soared considerably over the years. Exhaust fumes from means of transportation such as vehicles, cars and buses are also elements that have caused the green house effect and the global warming. Besides, using air conditioners can also ruin the environment. Air waste produced by air conditioners is one of factors that activate the process of ozone destruction, which can cause serious health problems to humans and other animals. Our seemingly harmless routine activities have actually been undermining our home, the Earth. In conclusion, as an implication when there are more and more environmental problems and natural disasters associated with human activities, people are posing a threat to the planet, and the subsequent outcome is increasingly taking serious effect. If we do not control or stop their damaging actions, the Earth will suffer seriously soon, and so will our own lives. Despite it is a good signal that people are now more aware of environmental problems accompanied by our activity, we also need more concrete actions and efforts to minimize damages we are causing to the Earth.

Critical ethnography Research Strategy

Critical ethnography Research Strategy Introduction The research methodology that I will be using for the Data Collection and Analysis assignment is critical ethnography. This methodology fits with my research goal to bring awareness to the unequal power structures and oppression existing within the collaborative child welfare and violence against women (VAW) advocates relationship. Madison (2005) states that critical ethnographers have an ethical responsibility to address unfairness and injustice within a particular lived domain and moves beneath surface appearances, disrupts the status quo, and unsettles both neutrality and taken-for-granted assumptions by bringing to light underlying and obscure operations of power and control (p. 5). Therefore, using the critical paradigm embedded in this methodology, I set out to uncover how issues of power, oppression and inequality affect the collaborative relationship between child welfare and violence against women (VAW) advocates that ultimately affect the services they provide to women and children. Through examining the strengths and weaknesses of their relationship, I intend to shed light onto how women and children who have experienced domestic violence and abuse are impacted by the power exerted by both service providers and their existing policies and ideologies. Theoretical and Conceptual Lens Conceptual Lens: Critical ethnography is defined as the doing or performance of critical theory. It is critical theory in action. (Madison, 2005, p. 5). Thus, critical ethnography is innately connected Exploring Methodology To the critical paradigm, which will be the conceptual lens utilized to investigate my research question. Critical theory is concerned with the mediation of power and dominance in society. Cohen, Manion and Morrison (2005) state critical theory seeks to uncover the interests at work in particular situations and to interrogate the legitimacy of those interests Its intention is transformative to transform society and individuals to social democracy (p. 28). The critical theory component of critical ethnography differentiates it from mainstream ethnography, which is concerned with the observation and description of culture or phenomenon. Critical theory modifies conventional ethnography by incorporating a political agenda which seeks to emancipate society. Theoretical Lens: Anti-oppressive theory provides a strong theoretical lens to use with critical theory and critical ethnography as both the former and the latter seek to uncover oppression and marginalization in society. It recognizes the intersectionalities of both clients and workers and can be used to highlight how legislation is entrenched in hetero-patriarchy. Similarly, at an organizational level, anti-oppressive theory can help to reveal the hegemonic practices in child welfare which influences the relationship between VAW workers and child protection workers and impacts the delivery of services to women and children. Epistemology of Critical Ethnography The epistemological underpinnings of critical ethnography are concerned with how the knowledge of oppression and power emerged historically and politically and its impact on Exploring Methodology shaping relations in society. The potential of knowledge production to reproduce and perpetuate notions of power, oppression and inequality in society is recognized. In addition, critical epistemology includes an understanding of the relationship between power and thought and power and truth claims (Carspecken, 1996, p. 10) This approach is value-laden because it has a determinedly political agenda. It seeks transformation by exposing oppressive structures in society, with the goal to emancipate society. Critical ethnographers are interested in hearing the narratives of their clients with the explicit agenda to bring forth political change. It is also value mediated because the researcher and the researched are interconnected, with the values of the investigator and the other influencing the inquiry. However, it is important to note that while research is value-driven, the validity claims of the researcher must meet rigorous standards to avoid bias. (Carspecken, 1996, p. 8) Moreover, a critical ethnographic approach goes further than other approaches. Firstly, critical researchers acknowledge researcher bias and subjectivity, as the researchers personal feelings and views are a part of the research process. The researcher is reflexive, and is engaged in a constant process of critiquing both objectivity and subjectivity. Second, researchers engage in an examination of their positionality in relation to the other (who is being studied). The researcher is engaged in a dialogical relationship with the other and remains grounded in their experience, as it is the concern for their condition which is driving the research. According to Madison (2005) dialogue moves from ethnographic presence to the present by opening up passageways for readers and audiences to experience and grasp the partial presence of a temporal conversation constituted by the others voice, body, history and yearnings (p. 10). Exploring Methodology Ontology of Critical Ethnography Critical ethnography begins from the premise that the structure and content of culture make life unnecessarily more nasty, brutish, and short for some people (Thomas, 1993, p. 33). When conducting research, critical ethnographers start with a view of what there is to know, an ontology, that furnishes a set of images and metaphors, in which various forms of social oppression constitute what is to be known (Thomas, 1993, p. 34). Thus, ontological underpinnings of critical ethnography are concerned with how societal structures and systems oppress certain groups, while reinforcing power, domination and capitalism. It sets out to expose the deeper social, historical and political meanings in society which reinforce the marginalization of some groups and how power and interests mediate these relations going below the surface level meaning to expose how bodies of ideas, norms and ideologies create meanings for constructing social subjects and concepts like gender, race and student (Thomas, 1993, p. 34). Critical ethnography also acknowledges that there are multiple realities, which can be uncovered through incorporating a narrative ontology. The narratives of participants are used to provide a rich description of their experience, as interpreted by the researcher to illustrate how issues of oppression, power and inequality are operating in his or her life (Thomas, 1993, p. 34). Unit of Analysis For this research study, dialogical data will be collected through a semi-structured interview with the intent to shed light into organizational practices existing within child protection and VAW services that influences their collaborative relationship. A key informant Exploring Methodology who has worked both in child welfare and VAW services will be interviewed for twenty to thirty minutes. Data Collection Tools For this research study, I will be interviewing a single individual. A semi-structured interview will be used because it allows the interview to be sufficiently open-ended. The interview questions can be re-ordered, modified and the researcher can probe the participant with additional questions, if needed. The interview will be recorded using an audio recorder. Field notes and observational notes of non verbal communication will also be taken. After the interview, additional notes will be made to capture anything that may have been missed. Strengths and Weaknesses of this Methodology One of the major strengths of critical ethnography is that it goes further than a traditional descriptive study, as it seeks to make emancipatory changes in society. Its political agenda attempts to transform society and share narratives and experiences of oppressed groups. This methodology also attempts to include the participants in the research process, using methods such as member checking (Carspecken, 1996, p. 166) which helps provide individuals who are often ignored from dominant discourses a voice. However, one glaring criticism of critical ethnography has been that we cannot separate it from the historical and political context from which it emerged. This context is problematic as it effects the researchers epistemological position because the ethnographers institutional or Exploring Methodology material standpoint within the everyday world is rarely connected or made problematic in relation to his or her subjects lived actualities. (Jordan Yeoman, 1995, p. 393). While critical ethnography is supposed to take a bottom-up view, the majority of its researchers come from an academic background, which is often in contrast of the material location of their participants. (Jordan Yeoman, 1995, p. 399-400). This influences the production of knowledge and data, as the relationship may be characterized by a power imbalance and differing worldviews as a product of varying material locations. Moreover, exposing inequality and oppression in academic literature does not ensure that change is created in the field. Thus, critical ethnographers become caught in a double bind. On one hand, the researcher seeks emancipation and liberation for their subjects, but they are constrained by their own positionality and the institutions for which they work. Thomas (1976, p. 25) states: We must never become wholly dependent upon established institutions; publishing houses, commercial media, universities, foundations. Social intellectuals must occupy some territory which is their own; their own journal, their own theoretical and practice centres: places where no one works for grades or fore tenure but for the transformation of society (Jordan Yeomans, 1995, p. 399-400). However, despite the researchers positionality, critical ethnography brings an opportunity to challenge traditional research and incorporate participant voices. It is also exciting as it attempts to liberate society from oppression and therefore, provides an alternative and welcomed choice to mainstream research. Exploring Methodology Analysis of Three Peer Reviewed Articles The appendix will discuss three peer reviewed articles in a chart, which is on the following page. The chart is divided into multiple categories, which will discuss the unit of analysis, the sample group, data collection and data analysis. I will conclude the chart by examining the strengths and the weaknesses of the methodology in the articles and then relate it back to my research study. Conclusion This paper set out to explore critical ethnography as my chosen methodology to conduct my research. Through writing this paper and reviewing the three articles, I know that critical ethnography will be useful in achieving my research goal of highlighting the oppression and power in the collaborative relationship between child welfare and VAW workers. This is important, as the relationship between these two sectors ultimately impacts the level of service provided to women and children.

themeaw Themes and Fate in The Awakening and Madame Bovary Essay

Themes and Fate in The Awakening and Madame Bovary      Ã‚  Ã‚  Ã‚  Ã‚   Kate Chopin's The Awakening and Gustave Flaubert's Madame Bovary are both tales of women indignant with their domestic situations; the distinct differences between the two books can be found in the authors' unique tones.   Both authors weave similar themes into their writings such as, the escape from the monotony of domestic life, dissatisfaction with marital expectations and suicide.   References to "fate" abound throughout both works.   In The Awakening, Chopin uses fate to represent the expectations of Edna Pontellier's aristocratic society.   Flaubert uses "fate" to portray his characters' compulsive methods of dealing with their guilt and rejecting of personal accountability.  Ã‚   Both authors, however seem to believe that it is fate that oppresses these women; their creators view them subjectively, as if they were products of their respective environments.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Chopin portrays Edna as an object, and she receives only the same respect as a possession. Edna's husband sees her as and looks, "...at his wife as one looks at a valuable piece of personal property which has suffered some damage."   (P 2 : The Awakening) Chopin foils their marriage in that of the Ratignolles who, "...understood each other perfectly." She makes the classic mistake of comparing one's insides with others' outsides when she thinks, "If ever the fusion of two human begins into one has been accomplished on this sphere it was surely in their union."   (P 56 : The Awakening) This sets the stage for her unhappiness, providing a point of contrast for her despondent marriage to Mr. Pontellier.   She blames their marriage for their unhappiness declaring that, "...a wedding is one of the ... ...ate UP, 1969. 881-1000. Delbanco, Andrew. "The Half-Life of Edna Pontellier." New Essays on The Awakening. Ed. Wendy Martin. Cambridge: Cambridge UP, 1988. 89-106. Gilmore, Michael T. "Revolt Against Nature: The Problematic Modernism of The Awakening." Martin 59-84. Giorcelli, Cristina. "Edna's Wisdom: A Transitional and Numinous Merging." Martin 109-39. Martin, Wendy, ed. New Essays on the Awakening. Cambridge: Cambridge UP, 1988. Papke, Mary E. Verging on the Abyss: The Social Fiction of Kate Chopin and Edith Wharton. Westport, CT: Greenwood, 1990. Seyersted, Per. Kate Chopin: A Critical Biography. Baton Rouge: Louisiana State UP, 1969. Showalter, Elaine. "Tradition and the Female Talent: The Awakening as a Solitary Book." Martin 33-55. Skaggs, Peggy. Kate Chopin. Boston: Twayne, 1985.               

Afghan War to Drone Attacks: Legality Under Ihl Essay

Introduction: Since the terrorist attacks of September 11, 2001,And American starting Global War on Terror and attacks on Afghanistan in persuit of AL-QAEDA and TALIBAN as they were alleged to be involved in attacks of 9/11.Pakistan being a neighboring state also got effected by this war and a series of Suicide bombing started due to Pakistan’s alliance with American as frontline strategic partner in this war .Similarly more dangerous area in Pakistan was Tribal Areas along Afghan boarder and many militants escaping from Afghanistan came to these areas and allegedly planed attacks on allies forces fighting in Afghanistan. So Americans expanded this war inside the Pakistani Boarder for attacking militants by Drone Attacks. Drone attacks in Pakistan are one of the most important and controversial aspects of the Bush as well as Obama Administration’s approach to fighting terrorism. The legality of drones has been questioned for a variety of reasons, some more grounded in fact than others, but in spite of these criticisms there is little question that the use of drones in surveillance and combat roles is on the rise international law has had to grapple with the fundamental challenges that large-scale violence carried out by non-State actors poses to the traditional inter-State orientation of international law. Questions related to the â€Å"adequacy† and â€Å"effectiveness† of international humanitarian law, international human rights law and the law related to the use of force have been particularly pronounced†¦ The first reported use of a â€Å"drone† was in 1919, when the inventor of autopilot technology and the gyroscope, Elmer Sperry, sunk a German battleship with a pilotless aircraft. The Vietnam War saw drones used for surveillance purposes. Drones have the advantage of being able to gather valuable intelligence without the inherent risk to human life that a traditional way by a piloted craft would pose. Base for the Use of Drones: Drones base can be found from the speech of American President Bush while he was addressing joint session of American Congress and House of Representstive shortly after 9/11 stating that â€Å"We will direct every resource at our command, every means of diplomacy, every tool of intelligence, every instrument of law enforcement, every financial influence, and every necessary weapon of war, to attack and to the defeat of the global terror network.† The Bush Administration found great value in drone technology and used attack drones against targets in several countries, including Afghanistan, Pakistan and Iraq.Under President Obama, the use of attack drones has notably accelerated. The Taliban, subdued but not defeated, has not become a non-violent political force in the new Afghanistan. Nature of Pak-Afghan Border , Its Effect: .The border between Afghanistan and Pakistan may separate two sovereign States as a matter of law, but the Durand Line rarely functions as such in practice. This is the Pakhtun heartland, a transnational tribal cultural geographical region with large populations of Pashtuns on either side of the border. It is because of this intermingling of culture and allegiance that the area is frequently referred to as â€Å"Pak-Afghan† It is here where Al Qaeda’s then first- and second-in-command, Osama bin Laden and Ayman al-Zawahiri, were generally believed to be hiding until bin Laden was killed in an American raid on May 1, 2011 in Abbottabad, Pakistan. So due to this close relationship between the residence of Pak Afghan boarder people use to come here and there acrose the border .So it becomes necessary for fighting terrorism to take actions on both sides of Pak Afghan border, But it does not mean that the forces acting in Afghanistan have free hand to attack even in the territory of Pakistan whenever and however they want. These attacks have to be in limitations of the rules of IHL. Drones, Importance in Targeting Terrorist: It is undeniable that American drone attacks in northwest Pakistan have had a significant impact in terms of deaths and injuries to civilians and damage to civilian objects. In light of the stated purpose of these attacks, to facilitate the defeat of the Taliban and its Al Qaeda allies, this quantum of harm may or may not be justifiable in terms of ’morality, ethics or policy, but these considerations are not, or are at least not wholly, considerations that determine ’the legal analysis.For example, it is possible to support the use of drone attacks, either in particular situations or entirely, as a matter of morality, ethics or policy, and still conclude that any attack is unlawful. The inverse position is also possible. whether or not drone attacks are legal under international law related to the use of force is not dispositive as to their legality under international humanitarian law. As with the juxtaposition of considerations of morality, ethics and policy, there need not be any correlation between ’the legal analysis under the law related to the use of force and’ the legal analysis under international humanitarian law. As a matter of law, these are completely separate analyses. The legal determination of what constitutes â€Å"the battlefield† has particular significance for the use of drones, particularly armed drones. This is because â€Å"the battlefield† is used to effectively define the scope of IHL’s application. In situations outside the scope of IHL, international human rights law (IHRL) applies. Further IHL allows for lethal force to be employed based upon the status of the target. A member of the enemy’s forces may be targeted with lethal force based purely on his status as a member of those forces. That individual does not have to pose a current threat to friendly forces or civilians at the time of targeting. In contrast, IHRL permits lethal force only after a showing of dangerousness. Under IHRL, lethal force may only be employed if the individual poses an imminent threat to law enforcement officers attempting arrest or to other individuals. Further, IHRL requires that an opportunity to surrender be offered before lethal force is employed. Controversy Regarding Application of IHL on Drone Attacks: Before assessing the lawfulness of each American drone attack in northwest Pakistan under international humanitarian law, it is necessary to first draw the distinction in law between situations of violence and situations of armed conflict and then to understand how international humanitarian law classifies situations of armed conflict. International humanitarian law did not provide a clear definition of armed conflict, despite the fact that international humanitarian law’s application relies upon the existence of an armed conflict.None of the Four Geneva Conventions of1949, nor either of the two 1977 Additional Protocols to the Geneva Conventions define armed conflict, and the consensus view is that the existence of an armed conflict is determined on the basis of the particular facts and circumstances.Major Cause of this ambiguity is long Afghan War and its different phases having different legal scope. Changing Nature Of Afghan Conflict: The armed conflict in the land of Afghanistan is one of the longest conflicts in world history. The nature of the conflict has changed with the course of time. The war with spears, swords, cannons, guns and now the hottest; Drones. Simultaneously, the dynamics of humanitarian law cannot be ignored. The law of war was not that explicit in ancient times like the way they are now. We will assess the conflict status after 9/11 attack. The period since then can be divided into two phase: * 7th October 2001 to 19th June 2002 * June 2002 to present If we discard the armed conflict of Afghanistan post 9/11 then it will be hard to understand the changing trend. On 12th September 2001. A resolution no.1368 has been passed by Security Council which legalized the war (Operation enduring freedom) on terror by US in the land of Afghanistan. The contention from the side of US was right to self defense and collective rights. The intervention of such nature gives rise to following upshots: * The armed opposition on one side and the intervening state/states supporting the other side keeping the nature of the conflict as non-international armed conflict; The discrepancy in the warfare technology is one of the causes behind this. As US is equipped with high tech war machines while on the other hand the armed opposition are far more inferior. This led them to shift hostilities in a different level to cope up with the opponent. Hence, they have started targeting crowded areas among civilians. This finally resulted in a blur to apply the principle of distinction between the combatants and non combatant. In the same manner While there is some disagreement about whether â€Å"combatant status† should be recognized in non-international armed conflicts, that dispute is irrelevant when it comes to questions concerning the status of members of al-Qaeda or other terrorist organizations. Because combatant status is based upon membership in a group that organizationally enforces â€Å"compliance with the rules of international law applicable in armed conflict. Groups such as al-Qaeda, whose means and methods of warfare include deliberately targeting civilians, cannot claim combatant status for their members. It should be emphasized that the behavior of an individual al-Qaeda member cannot confer combatant status. No matter how strictly an individual member of a non-privileged group adheres to IHL or how scrupulously they distinguish between civilian and military targets, they are never entitled to the combatant’s privilege and may therefore be criminally liable for attacks on members of an opposing armed force. Al-Qaeda does not, as some have suggested, have a â€Å"basic right to engage in combat against us† in response to our attacks. If al-Qaeda members are not combatants, then what are they? Like all people, IHL treats them as being presumptively civilians who, as a general rule are immune from targeting. If they are civilians than how American Harold H. Koh, legal adviser to the United States State Department relied on the Art 51 of UN charter for justification of Drones in Pakistani territory. This in term of humanitarian law is known as â€Å"Asymmetric warfare†. On 5th December 2001, an accord was made, known as Bonn Agreement which formed a Transitional administration in Afghanistan. With this emergency Loya Jirga, the one year old international armed conflict terminated but the hostilities continued from the side of the Taliban and Al-Qaeda. This type, this puppet government was striving hard against this opposition. This has taken a new shape of a non international armed conflict. At this point the application of the article 3(common article) of Geneva Convention, 1949 was no more questionable. The gravity of the new form was so grave that even customary International customary humanitarian law cannot be set aside. Where IHL Applies? And Status of Drones In Pakistani Territory: But a question remains over the legality of the US support in afghan war because there are some criteria which are required to be fulfilled to justify the attacks. The criteria are: > The armed opposition should have control over the territories of that country; > They (armed opposition) must have carried out, sustained and concerted military Operations. They must have control over the civilians in certain territory of that state; > The AdPII is not binding on the states who haven’t ratified it; > Even if they (US) ratify, they are not bound because, the AdPII is applicable in the conflict between a state actor and the non sate actor of that country (Article 1(1) of AdPII). On the basis of same arguments as Drones are part of this War on Terror but their targets are in Pakistan are of more grave nature as Allies Armies are not fighting in Pakistan or against Pakistan nor Americans are doing so because they are not in Conflict With Pakistan but in saying They are strategic partner in this War. And importantly like armed conflict, non international Armed conflict also have no definition under International Law which can cover this War on Terror as international or internal armed conflict so it became controversial that either these Drone Attacks are subject to IHL or IHRL due to doubtful nature of this War specially its actions in Pakistani territory, Because IHL only applies in International Armed conflict and requires some qualifications to become a combatant which can be summed up as under: A combatant is: 1) a member of the armed forces of a Party to the conflict (who then has the obligation to distinguish himself/herself from the civilian population); or 2) a member of another armed group (militias, organized resistance movements,†¦) belonging to a Party to the conflict, provided that such group fulfills the following conditions: a. that of being commanded by a person responsible for his subordinates; b. that of having a fixed distinctive sign recognizable at a distance; c. that of carrying arms openly; d. that of conducting their operations in accordance with the laws and customs of war. As Al Qaeda and Taliban does not have character of distinct uniform but have a strong command as known by whole world similarly they have training centers as American alleges that they have safe havens in Pakistan for training but does it mean that if Al Qaeda and Taliban does not folow any law the Allies and American forces should not follow any rule while acting against them? Though Al Qaeda’s suicide attackers also attacks on civilian without any distinct uniform as part of Al Qaeda so the forces could not identify them but it does not mean that the forces can kill any time to any one just in doubt of suicide ? Similarly if the answer to these questions is not in affirmative than whether the right to self defense extends to the territory of other state who have not a party in conflict? as American Attacks are of on such grounds as expressed by Harold H. Koh, legal adviser to the United States State Department, delivered the keynote address to the American Society of International Law on On March 25,2012. Prof Koh argued that drone attacks meet the legal principles set out in the law of war because they fall under the larger doctrine of `self-defense` and stated: â€Å"In an ongoing armed conflict the United States has the right to use Force including lethal force to defend itself including by targeting Persons such as high-level Al Qaeda leaders who are planning attacks†. Harold H. Koh’s stance and its Legal Implications: Koh held that the attacks are legal because they meet the principles of both `distinction` in that they are designed to target specific individuals in response to intelligence and `proportionality` — that is, they do not cause excessive loss of life in relation to the military or strategic goals thatare sought to be achieved by them. In response to the critique that targeted killings are never legal Koh argued that no legal process is required to inform those planning attacks against the United States. But if we consider Mr. Koh’s stance valid than it gives raise to many questions. For example, if the targeting of individuals was considered prima facie valid simply under the basis of self-defense then the war in Gaza (documented in the Goldstone Report) and hostilities against civilians in Sri Lanka, Congo etc would not need to be discussed by the relevant UN bodies? Simply put, if all extra-judicial targeted killings were so easily justified based on the pr- emises of self-defense then any nation could be allowed under the flimsiest of pretexts to encroach on another`s territory to kill individuals they believed were involved in hostile acts against it. As this doubtful nature of these attacks is clear from this part of my assignment . Answer to these questions are necessary before commenting on illegality of Drone Attacks because it will give us clear view that under which law these should be dealt IHL or IHRL? Drones ,A matter of IHL: Though some people think Drone just as a subject of IHRL but its not so simle to say this .Many interpretation of International Law by ICJ, ICTY, ICC ,most Importantly U.S Supreme Court as well as Israelian Court’s comments and Judgement clearly put this War in the ambit of IHL. Transnational Armed Conflict and Drones: But along this another term is of Transnational Armed Conflict which is more relevant to the nature of these attacks because The problem with these definitions of international and non-international armed conflict is that collectively they did not describe all the types of armed conflicts that might exist. It was possible for an armed conflict to satisfy neither of these definitions. The United States’ conflict with al-Qaeda could not be an international armed conflict because al-Qaeda was not a â€Å"High Contracting Party† to the Geneva Conventions. Yet it was also clearly not a non-international armed conflict as defined above because it was not internal to the United States. The existence of this purported â€Å"gap† in IHL’s coverage was felt most immediately by detainees in the conflict between al-Qaeda and the United States. Similarly An illustration of why this distinction between internal civil wars and transnational armed conflicts must be maintained. In a recent lawsuit brought by the ACLU against the Obama Administration. The ACLU attempted to enjoin drone strikes directed against Anwar al-Aulaqi, a prominent member of al-Qaeda in the Arabian Peninsula. Although the ACLU conceded that strikes targeting al-Aulaqi would be governed by IHL if they were conducted in Af- ghanistan, they maintained that such strikes would be occurring â€Å"outside the context of armed conflict† if they were directed against al-Aulaqi in Yemen. Using the reasoning that underlies the strict geographical limitations on the scope of IHL described above, the ACLU argued that the absence of an armed conflict in Yemen foreclosed the application of IHL to anyone in Yemeni territory. Instead, the use of lethal force was governed by IHRL and might only be employed when al-Aulaqi presented a â€Å"concrete, specific, and imminent threat of death or serious physical injury† to others. Because the ACLU conceded that al-Aulaqi was targetable under IHL in Afghanistan, the legal basis for their claim was based upon where al-Aulaqi was rather than upon who he was. Similarly Israel’s Supreme Court put situation under IHL, where a state is fighting against a non state actor, the Israeli Supreme Court was tasked with assessing the lawfulness of Israel’s policy of targeted killings in the West Bank and Gaza. Between the outbreak of the Second Intifada in 2000 and 2005, Israel’s targeted killing policy resulted in the death of nearly 300 suspected terrorists, over 100 civilian deaths and hundreds of injuries. The most famous example of this policy was the 2004 attack on Sheikh Ahmed Yassin, founding member of Hamas, when an Israeli helicopter gunship killed him in Gaza. In discussing whether an armed conflict paradigm applied to Israel’s targeted killing policy, the court boldly stated that â€Å"there is no doubt today that an armed conflict may take place between a state and groups or organizations that are not states, inter alia because of the military abilities and weapons in the possession of such organizations and their willingness to use them.† The court was also clearly influenced by the State Attorney Office’s argument that Israel had suffered proportionately a much greater loss in terms of terrorism victims during the period under review than the United States had on September 11, and that these attacks were in the nature of an â€Å"‘unceasing, continuous and murderous barrage of attacks, which are directed against Israelis wherever they are, without any distinction between soldiers and civilians or between men, women and children.† Thus, Targeted Killings’ main contribution to the discussion lies in its focus on the willing use of violence on a significant scale by an organized group. The Tadic Case: Application of IHL on non state actors in Transnational Conflict: In Tadic’s Case The ICTY acknowledged this â€Å"overlap† understanding of armed conflict in its 1999 Tadic’s judgment when it stated: It is indisputable that an armed conflict is international if it takes place between two or more States. In addition, in case of an internal armed conflict breaking out on the territory of a State, it may become international (or, depending upon the circumstances, be international in character alongside an internal armed conflict) if (i) another State intervenes in that conflict through its troops, or alter- natively if (ii) some of the participants in the internal armed conflict act on behalf of that other State. This concept was further developed it in Boskoski, where it determined that fighting between Macedonian security forces and the Albanian National Liberation Army constituted an armed conflict. The test consists of two prongs: (1) the intensity of the conflict, and (2) the organization of the parties thereto. In addition, the Boskoski court laid out factors relevant to the satisfaction of each prong in a lengthy opinion that sheds light on the highly fact-specific nature of the inquiry, particularly where one of the parties is a non-state actor. Under the Boskoski analysis, fighting between al Qaeda and the United States constitutes an armed conflict, permi-tting the United States to conduct targeted killings of al Qaeda fighters. Similarly U.S Supreme Court in some judgements relating to Afghan war also declared this as an Armed conflict The Federal court on enforcement says that the US government considers itself in war with Afghanistan. The efforts from the executive branch have always been to portray the situation in Afghanistan asan armed conflict. This statement has also been supported by the congress. The standpoint over the detention of the terrorists has been endorsed by US courts also its judgements linked with issues arising from Afghan. Consent of Pakistani Gov’t And Its Effect On Legal Status of Drones: Another argument is most commonly given that all the attacks are with the consent of Pakistani Gov’t but if its so than what is proof ,is there any treaty in this regard? If its only verbal than its existence is doubtful at all .Another main thing which contradict existence of any understanding on these attacks is the statements of Pakistani Officials including P.M , Foreign Minister and many others condemning these attacks publically as well as officially so no Question of Consent remains valid. Specifically It is also worth mentioning in this context that Pakistani Minister of State for Foreign Affairs Hina Rabbani Khar’s condemnation of American drone attacks in northwest Pakistan on March 17, 2011 was phrased in the language of armed conflict: such strikes constitute a matter of serious concern and raise issues regarding respect for human rights and humanitarian law. Irresponsible and unlawf ul conduct cannot be justified on any grounds’. Admittedly, the Minister of State’s statement was not particularly clear in recognizing that the United States was engaged in an armed conflict with the Taliban and its Al Qaeda allies on the Pakistani side of the Durand Line, but it is a legally significant admission that contributes to the case for the existence of an armed conflict in northwest Pakistan , Proceeding from the position that the situation of violence that the United States is engaged in War with the Taliban and its Al Qaeda allies in northwest Pakistan amounts to an armed conflict, international humanitarian law would be the appropriate legal frame of reference for assessing the lawfulness of individual drone attacks in northwest Pakistan. Is Pakistan’s Inability to Trace and Attack Militants Justifies Drone Attacks? Now the next argument is for the justification of these drones is that Pakistan do not have ability to tackle these terrorist so that’s why American are intervening for striking them .Is it not a violation of the rights of a sovereign state to have respect of his territorial area by non-interference by others without due process of law .This view is clearly upheld by ICJ in case of In Democratic Republic of Congo case, the retaliation from the side of Uganda due to the previous intrusion of Congo raised the issue to armed conflict. It was held that Congo’s inability to take any action against the militant does not give any right to Uganda to commit an act of incursion and attack the group themselves. Victims of Drones under IHL: Though the purpose of drone is to counter terrorist but statistics shows that among them there are many civilians, A study at Stanford and New York University titled ‘Living Under Drones’ claimed that only two percent of drone strike casualties in Pakistan are top militants, and that the large number of related civilian deaths turn Pakistanis against the US. The study revealed that number of casualties among Pakistani civilians was far higher than the US acknowledged. The NAF report covers the period between 2004 and February 24, 2010, its date of publication. Particularly striking is that the number of drone attacks that took place during the first fifty-five days of 2010 were, at eighteen, exactly twice the number of drone attacks that took place during the entire four years from 2004 to 2007. Overall, during the almost six years and two months covered by the study, the United States carried out 114 drone attacks, resulting in between 830 and 1,210 total deaths, with between 550 and 850 of the dead being militants. This means that slightly more than 30% of deaths from drone attacks in the study were civilian deaths, with the percentage dropping to slightly less than 25% if one focuses only on 2009, the most active year covered by the study. Basic Principles of IHL and Their Observance In Drone Attacks: As its clear that Drones are subject to follow the IHL. But if we examine their style of attacking and their targets and effectees as mentioned in previous heading we can say that Drones are even violating the fundamental principles of IHL Principal of proportionality and Distinction: Given that the United States has conducted almost 300 drone attacks in northwest Pakistan in recent years and that international humanitarian law would require an exacting and individualized assessment for each of these attacks, space constraints preclude broad and sweeping generalizations about the compliance of each of these attacks under this branch of law. International humanitarian law is extraordinarily fact intensive, and the meaning attached to many of its key principles, in particular the principle of proportionality, is often contested and prone to political manipulation. First, although international humanitarian law recognizes that it is unable to eliminate the scourge of war .and instead endeavours to master it and mitigate its effects, the principle of proportionality does not forbid collateral damage when such damage is outweighed by a particular Attacks concrete and direct military advantage anticipated. Of course, international humanitarian law does prohibit disproportionate attacks. The principle of distinction and the underlying principle of proportionality are the most fundamental principles of humanitarian law. The principle of distinction embodies the concept that the effects of war must be limited to combatants and military objectives as much as is feasible. Civilians and civilian objects should be spared and may not be targeted. However, it is clear that collateral damage as such is not necessarily unlawful under international humanitarian law and that proportionality is a calculus of intangibles that balances military and civilian concerns. Proportionality must be assessed within the context of particular facts and circumstances, and conclusions of law cannot be drawn in abstracto. With this understanding of the international humanitarian law principle of proportionality, one can begin to assess the legal implications of the drone attack that killed Baitullah Mehsud. When Hellfire missiles from an American Predator drone killed Mehsud in South Waziristan, it was reported that he perished along with his wife, his mother- and father-in law, seven bodyguards and a TTP lieutenant. Though in present circumstances, and involvement of international politics its difficult to solve the problems peacefully specially terrorism .But it does not mean this necessity gives free hand to fight war without any rules As there is customary law of war in shape of conventions, and necessity of war is also there subject to rule of Distinction which provides that during war distinction must be kept in mind between military targets and civilian objects .So attacks on Masajid,Madaris Houses as well as on wedding ceremonies are illegal under the rule of Distinction. IHL does not declares war as illegal but accepts the military necessity and regulate the use of force by providing that only military object should be targets even though some civilians also get effect from it. But should be minute, this lose in language of IHL is known as collateral damagebut the rule of customary law applies on all states regardless of their ratification by that state. In short if we examine the causalities of Drone Attacks a huge number of Civil Victims are there. Similarly many attacks have destroyed houses Masajid and Madaris which is against the rules of IHL dealing with lawful targets. As the General Rule is that the benefit of doubt will go to the accused ,the same principle is adopted in IHL prohibiting attacks on such targets about which you are having a doubt that it have some civilian nature.Though its difficult to draw line distinction .r Proportionality but maximum care must be taken.But in Drones it was also not observed. Even against enemies only such amount of force or wapon can be used which only compels him to accept defeat ,and the purpose of war is to overtake opponent and not its extermination. Conclusion: Drone Attacks along Pak-Afghan Border inside the territory of Pakistan are important in a way that they developed some new concepts in International Law ,especially in IHL. If we see from the perspective of Americans and their Ally’s view it seems that The drone campaign raises fundamental questions of the acceptability of violence as a form of conflict resolution. Further the confusing nature of Afghan Issue also stops the way to argue from one legal angle to discuss validity of drones. A question can be raised that Drones are being used in Pakistan than why a detailed discussion on Afghan War given? But in reality World has become a global village so no one can be assessed in isolation specially Pak-Afghan area ,having strong ties in all dimensions of Life International Relations. As here Drones were discussed under IHL but if there is some doubt about the application of IHL than necessarily IHRL will apply and assessment under UDHR also invalidates the application of Drones violating fundamental rights like Right to Fair Trail, Representation by Counsel, Right to Life and Freedom Of Movement, etc .But it’s a separate detailed discussion. Even with full opposition by International Community having knowledge of IHL continuous and non stop use of Drones is showing Practical Example of â€Å"Might Is Right†. BIBLIOGRAPHY * Ahmad, Muhammad Mushtaq. Jihad,Mazahmat Aur Baghawat:Islami Shari’at Aur Bain al Aqwami Qanun Ki Roshni Men†,Gujranwala:Al-Shari’ah Accademy,2008 * Gabor,Rona.†Interesting Times for International Humanitarian Law: Challenges from the â€Å"War on Terror†Ã¢â‚¬ , The Fletcher Forum Of World Affairs,27(2007) * Barindge,Robert.†A Qualified Defense Of Drone Attacks In Northwest Pakistan Under International Humanitarian Law†Boston University International Law Review.30(2012) * Evans,Malcolm D.International Law.Oxford:Oxford University Press,2003. * Starke,J.G. Introduction to International Law.Kent:Butterworth Law Publishers Limited,1994. * â€Å"Mapping US Drone and Islamic Militant Attacks in Pakistan†, BBC NEWS (July 22, 2010) * Lewis,Michel. †.Drones and the Boundaries of the Battlefield† Texas International Law Journal.47(2012) * Basak, Chiradeep.†Legality Over Drone Attacks From The Facet Of IHL†(2012) ava ilable at ssrn.com/abstract2139001. * North Atlantic Treaty * Zakaria,Rafia.† Are drone attacks legal?†DAWN NEWS. * Solomon,Erika & Mohammed Ghobari, CIA Drone Kills U.S.-born Al Qaeda Cleric in Yemen, REUTERS(sep 2011) * Michael W. Lewis and Ben Wizner, Predator Drones and Targeted. Killings, FEDERALIST SOCIETY (Jan. 27, 2011) * Prosecutor v. Tadi ´c, Case No. IT-94-1-A, Appeals Chamber, 84 (Int’l Crim. Trib. for the Former Yugoslavia July 15, 1999) * Prosecutor v. Boskoski, Case No. IT-04-82-T, Judgment, at 78– 93 (Int’l Crim.Trib. for the Former Yugoslavia July 10,2008. * Hamdan v. Rumsfeld 584 U.S.557 (2006) * Boumedine v. Bush 553 U.S.723 (2008) * â€Å"Minister of State for Foreign Affairs Joins in the Condemnation† DAWN(18,March,2011) * Democratic Republic of Congo v. Uganda 2005 ICJ * †The Year of the Drone: An Analysis of U.S. Drone Strikes in Pakistan† 2004-2012†. NEW AMERICAN FOUNDATION. * â€Å"Mapping US Drone and Islamic Militant Attacks in Pakistan†, BBC NEWS (July 22, 2010) * ICRC, PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949, AND RELATING TO THE PROTECTION OF VICTIMS OF INTERNATIONAL ARMED CONFLICTS (PROTOCOL I), 8 JUNE 1977 * Hague Conventions and Protocols * St Petersberg Declaration WEBLIOGRAPHY * http://www.bbc.co.uk * http://counterterrorism.newamerica.net * http://counterterrorism.newamerica.net/ * http://www.thebureauinvestigates.com * http://rt.com/news/pakistan-drones-study-civilians-933/ * http://www.dawn.com * http://www.fed-soc.org * http://www.reuters.com * http://archives.dawn.com

Impact Hammurabi’s Code of Laws and Egyptians Be Human Essay

Select a minimum of TWO [2] primary-source documents [easier if a contrast] from the list on Blackboard HICC 101 course package as a basis to answer the central questions listed below. In other words, answer the question using evidence from what the authors at the time thought about these issues. Always clearly state your idea first, and then quote from the source. REMEMBER: the term â€Å"quote† should be restricted to a verb form. You are quoting the text, but if you refer to the text, don’t say â€Å"In this quote†; refer to the â€Å"statement† or â€Å"text.† All quotations from the primary sources must state the author’s last name (or title of book) and page number in parentheses directly following the quote. You will need to quote the most significant passages in order to support your claims. Keep the length of all quotations to a minimum, and make certain that you interpret and point out the meaning of the text [texts are never obviou s]. Quote only what you can explain: quotations are only evidence for the points you already make! In order to reflect on a document you will have to quote it several times. Never quote your professor or class notes; they only teach you the material so you can find evidence in published texts, like your text book, which you can choose to quote in a limited way, but is not necessary. This assignment is your analysis of the primary sources (thus: never begin or end a paragraph with a quotation), and always interpret and explain the quotation in light of the idea that you have made. A good paragraph (in a nut shell) has one central idea, the idea is explained, then evidence is suggested (quote), then interpretation, then conclusion of the idea. Primary Source paper #1 reflect on any of the material in Units I, II, III. Central Question: How did civilizations in the ancient world view humanity? What did it mean to be human? Compare and contrast at least two different civilizations (i.e. Mesopotamian, Hebrew, Greek, or Roman). Primary Source paper #2 reflect on any of the material in Units IV, V. Central Question: How did Christians in the European West [AD 200-1600] develop the Catholic intellectual tradition? How did they balance the wisdom from Greco-Roman thought with Christian theology, and what balance was developed between faith and reason? Compare and contrast an author from the early medieval period (any Christian thinkers before 1000 AD) with an author from the high Middle Ages or Renaissance period (after 1000 AD). Primary Source paper #3 reflect on any of the material in Units VI on China. Central question: What did Chinese authors [1500 BC- AD 220] think was necessary to forge a more just society for the common good? Compare and contrast two different authors. You may refer to some of the authors in Units I-V to compare and contrast, but most of the paper should be reflecting on Chinese authors