1.
European Court of Human Rights
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The European Court of Human Rights is a supra-national or international court established by the European Convention on Human Rights. It hears applications alleging that a state has breached one or more of the human rights provisions concerning civil and political rights set out in the Convention. An application can be lodged by an individual, a group of individuals or one or more of the contracting states, and, besides judgments. The Convention was adopted within the context of the Council of Europe, the Court is based in Strasbourg, France. The jurisdiction of the Court has been recognised to date by all 47 member states of the Council of Europe. In 1998, the Court became an institution and the European Commission of Human Rights. The accession of new states to the European Convention on Human Rights following the fall of the Berlin Wall in 1989 led to a increase in applications filed in the Court. The efficiency of the Court was threatened seriously by the number of pending applications. In 19998,400 applications were allocated to be heard, in 200327,200 cases were filed and the number of pending applications rose to approximately 65,000. In 2005, the Court opened 45,500 case files, in 200957,200 applications were allocated, with the number of pending applications rose to 119,300. Protocol 14 entered into force on 1 June 2010, three months after it was ratified by all 47 contracting states to the Convention, between 2006 and 2010, Russia was the only contracting state to refuse to ratify Protocol 14. In 2010, Russia ended its opposition to the protocol, in exchange for a guarantee that Russian judges would be involved in reviewing complaints against Russia. Protocol 14 amended the Convention so that judges would be elected for a term of nine years. Amendments were also made so that a judge could reject plainly inadmissible applications. In cases of doubt, the single judge refers the applications to the Committee of the Court, a single judge may not examine applications against the state which nominated him. The three judge committee has jurisdiction to declare applications admissible and decide on the merits of the if it was clearly well founded and based on well established case law. Protocol 14 also provides that when a three judge committee decides on the merits of a case, the elected to represent that state is no longer a compulsory member of this committee. The judge can be invited by the committee, to one of its members
2.
Convention on the Future of Europe
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The Convention on the Future of Europe, was a body established by the European Council in December 2001 as a result of the Laeken Declaration. The Convention finished its work in July 2003 with their Draft Treaty establishing a Constitution for Europe, see History of the European Constitution for developments after this point. This was to be achieved by a convention, which was intended to comprise the main stakeholders, in order to examine questions about the future direction of the EU. It was to produce a document, which soon became the draft constitution, to be handed over to the Intergovernmental Conference, scheduled for 2004. The European Convention was established with 102 members, former French President Valéry Giscard dEstaing was appointed Chairman, former Italian Prime Minister Giuliano Amato and former Belgian Prime Minister Jean-Luc Dehaene were appointed Vice-Chairmen. Its members were drawn from the parliaments of member states and candidate countries, the European Parliament, the European Commission. The Convention met for the first time in February 2002, and it deliberated in public in the European Parliament building in Brussels
3.
Member states of the Council of Europe
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The Council of Europe has 47 member states. It was founded on 5 May 1949 by ten Western and Northern European states, with Greece and it now has 47 member states, with Montenegro being the latest to join. Article 4 of the Council of Europe Statute specifies that membership is open to any European country, provided they meet specific democratic, Belarus applied for full membership on 12 March 1993, and its parliament held special guest status with the Parliamentary Assembly from September 1992 to January 1997. A second change of the Belarus constitution in October 2004, moreover does not respect minimum democratic standards and violates the principles of separation of powers, as of May 2013, this condition had not been met. Kazakhstan applied for the Special Guest status with the Parliamentary Assembly in 1999, Kazakhstan signed a co-operation agreement with the Assembly in April 2004. The country acceded to the Council of Europe European Cultural Convention on 24 February 2010 and this milestone emboldens Kazakhstans Path to Europe programme, as outlined by Kazakh president Nursultan Nazarbayev in Astana in 2008. Hashim Thaçi, Kosovos Minister of Foreign Affairs, stated in December 2014 that an application for membership of the Council of Europe was planned to be filed within the first quarter of 2015, observer status was designed for non-European democracies willing to contribute to democratic transitions in Europe. Canada, Japan, Mexico, the U. S. and they may contribute financially to the activities of the Council of Europe on a voluntary basis. The parliaments of Canada, Israel and Mexico have observer status with the Parliamentary Assembly and their delegations can participate in Assembly sessions, there has been criticism concerning the observer status of Japan and the United States because both countries apply the death penalty. The Parliamentary Assembly of the Council of Europe has been lobbying for the United States, the Council also voted to restore Special Guest status to Belarus, on condition that Belarus declares a moratorium on the death penalty. CoE has adopted the policy of dialogue with the regions of the southern Mediterranean. Several of these parliaments have expressed interest in upgrading the status of the existing co-operation, so far only the Kazakhstan Parliament had taken advantage of it since 2004. In November 2006, the Kazakhstan Parliament officially asked to be granted observer status with the Assembly
4.
Secretary General of the Council of Europe
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The Secretary General of the Council of Europe is appointed by the Parliamentary Assembly on the recommendation of the Committee of Ministers for a period of five years. Coincidentally, both candidates were Prime Ministers at the time and both are social democrats. On June 23, the Council of Europe Parliamentary Assembly decided to postpone the election at least until its September session, on 11 September 2009, reporting on the election controversy, Le Monde reported that the future Secretary General would inherit an institution that was in crisis. On September 30,2009, Thorbjørn Jagland was elected as Secretary-General, on June 24,2014 he was re-elected to a second, five-year term to start on October 1,2014. The Council of Europe Secretary General
5.
French language
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French is a Romance language of the Indo-European family. It descended from the Vulgar Latin of the Roman Empire, as did all Romance languages, French has evolved from Gallo-Romance, the spoken Latin in Gaul, and more specifically in Northern Gaul. Its closest relatives are the other langues doïl—languages historically spoken in northern France and in southern Belgium, French was also influenced by native Celtic languages of Northern Roman Gaul like Gallia Belgica and by the Frankish language of the post-Roman Frankish invaders. Today, owing to Frances past overseas expansion, there are numerous French-based creole languages, a French-speaking person or nation may be referred to as Francophone in both English and French. French is a language in 29 countries, most of which are members of la francophonie. As of 2015, 40% of the population is in Europe, 35% in sub-Saharan Africa, 15% in North Africa and the Middle East, 8% in the Americas. French is the fourth-most widely spoken mother tongue in the European Union, 1/5 of Europeans who do not have French as a mother tongue speak French as a second language. As a result of French and Belgian colonialism from the 17th and 18th century onward, French was introduced to new territories in the Americas, Africa, most second-language speakers reside in Francophone Africa, in particular Gabon, Algeria, Mauritius, Senegal and Ivory Coast. In 2015, French was estimated to have 77 to 110 million native speakers, approximately 274 million people are able to speak the language. The Organisation internationale de la Francophonie estimates 700 million by 2050, in 2011, Bloomberg Businessweek ranked French the third most useful language for business, after English and Standard Mandarin Chinese. Under the Constitution of France, French has been the language of the Republic since 1992. France mandates the use of French in official government publications, public education except in specific cases, French is one of the four official languages of Switzerland and is spoken in the western part of Switzerland called Romandie, of which Geneva is the largest city. French is the language of about 23% of the Swiss population. French is also a language of Luxembourg, Monaco, and Aosta Valley, while French dialects remain spoken by minorities on the Channel Islands. A plurality of the worlds French-speaking population lives in Africa and this number does not include the people living in non-Francophone African countries who have learned French as a foreign language. Due to the rise of French in Africa, the total French-speaking population worldwide is expected to reach 700 million people in 2050, French is the fastest growing language on the continent. French is mostly a language in Africa, but it has become a first language in some urban areas, such as the region of Abidjan, Ivory Coast and in Libreville. There is not a single African French, but multiple forms that diverged through contact with various indigenous African languages, sub-Saharan Africa is the region where the French language is most likely to expand, because of the expansion of education and rapid population growth
6.
Wikisource
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Wikisource is an online digital library of free content textual sources on a wiki, operated by the Wikimedia Foundation. Wikisource is the name of the project as a whole and the name for each instance of that project, the projects aims are to host all forms of free text, in many languages, and translations. Originally conceived as an archive to store useful or important historical texts, the project officially began in November 24,2003 under the name Project Sourceberg. The name Wikisource was adopted later that year and it received its own domain name seven months later, the project has come under criticism for lack of reliability but it is also cited by organisations such as the National Archives and Records Administration. The project holds works that are either in the domain or freely licensed, professionally published works or historical source documents, not vanity products. Verification was initially made offline, or by trusting the reliability of digital libraries. Now works are supported by online scans via the ProofreadPage extension, some individual Wikisources, each representing a specific language, now only allow works backed up with scans. While the bulk of its collection are texts, Wikisource as a whole hosts other media, some Wikisources allow user-generated annotations, subject to the specific policies of the Wikisource in question. Wikisources early history included several changes of name and location, the original concept for Wikisource was as storage for useful or important historical texts. These texts were intended to support Wikipedia articles, by providing evidence and original source texts. The collection was focused on important historical and cultural material. The project was originally called Project Sourceberg during its planning stages, in 2001, there was a dispute on Wikipedia regarding the addition of primary source material, leading to edit wars over their inclusion or deletion. Project Sourceberg was suggested as a solution to this, perhaps Project Sourceberg can mainly work as an interface for easily linking from Wikipedia to a Project Gutenberg file, and as an interface for people to easily submit new work to PG. Wed want to complement Project Gutenberg--how, exactly, and Jimmy Wales adding like Larry, Im interested that we think it over to see what we can add to Project Gutenberg. It seems unlikely that primary sources should in general be editable by anyone -- I mean, Shakespeare is Shakespeare, unlike our commentary on his work, the project began its activity at ps. wikipedia. org. The contributors understood the PS subdomain to mean either primary sources or Project Sourceberg, however, this resulted in Project Sourceberg occupying the subdomain of the Pashto Wikipedia. A vote on the name changed it to Wikisource on December 6,2003. Despite the change in name, the project did not move to its permanent URL until July 23,2004, since Wikisource was initially called Project Sourceberg, its first logo was a picture of an iceberg
7.
Human rights
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Human rights are moral principles or norms, which describe certain standards of human behaviour, and are regularly protected as legal rights in municipal and international law. They are applicable everywhere and at time in the sense of being universal. They require empathy and the rule of law and impose an obligation on persons to respect the rights of others. They should not be taken away except as a result of due process based on circumstances, for example, human rights may include freedom from unlawful imprisonment, torture. The doctrine of human rights has been influential within international law. Actions by states and non-governmental organizations form a basis of public policy worldwide, the idea of human rights suggests that if the public discourse of peacetime global society can be said to have a common moral language, it is that of human rights. The strong claims made by the doctrine of human rights continue to provoke considerable skepticism and debates about the content, nature, ancient peoples did not have the same modern-day conception of universal human rights. Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the family is the foundation of freedom. All human beings are free and equal in dignity and rights. According to Jack Donnelly, in the ancient world, traditional societies typically have had elaborate systems of duties, conceptions of justice, political legitimacy, and human flourishing that sought to realize human dignity, flourishing, or well-being entirely independent of human rights. These institutions and practices are alternative to, rather than different formulations of, one theory is that human rights were developed during the early Modern period, alongside the European secularization of Judeo-Christian ethics. The most commonly held view is that the concept of human rights evolved in the West, for example, McIntyre argues there is no word for right in any language before 1400. One of the oldest records of rights is the statute of Kalisz, giving privileges to the Jewish minority in the Kingdom of Poland such as protection from discrimination. Samuel Moyn suggests that the concept of rights is intertwined with the modern sense of citizenship. The earliest conceptualization of human rights is credited to ideas about natural rights emanating from natural law, in particular, the issue of universal rights was introduced by the examination of extending rights to indigenous peoples by Spanish clerics, such as Francisco de Vitoria and Bartolomé de Las Casas. In Britain in 1689, the English Bill of Rights and the Scottish Claim of Right each made illegal a range of oppressive governmental actions, additionally, the Virginia Declaration of Rights of 1776 encoded into law a number of fundamental civil rights and civil freedoms. These were followed by developments in philosophy of human rights by philosophers such as Thomas Paine, John Stuart Mill, hegel during the 18th and 19th centuries. Although the term had been used by at least one author as early as 1742, in the 19th century, human rights became a central concern over the issue of slavery
8.
Europe
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Europe is a continent that comprises the westernmost part of Eurasia. Europe is bordered by the Arctic Ocean to the north, the Atlantic Ocean to the west, yet the non-oceanic borders of Europe—a concept dating back to classical antiquity—are arbitrary. Europe covers about 10,180,000 square kilometres, or 2% of the Earths surface, politically, Europe is divided into about fifty sovereign states of which the Russian Federation is the largest and most populous, spanning 39% of the continent and comprising 15% of its population. Europe had a population of about 740 million as of 2015. Further from the sea, seasonal differences are more noticeable than close to the coast, Europe, in particular ancient Greece, was the birthplace of Western civilization. The fall of the Western Roman Empire, during the period, marked the end of ancient history. Renaissance humanism, exploration, art, and science led to the modern era, from the Age of Discovery onwards, Europe played a predominant role in global affairs. Between the 16th and 20th centuries, European powers controlled at times the Americas, most of Africa, Oceania. The Industrial Revolution, which began in Great Britain at the end of the 18th century, gave rise to economic, cultural, and social change in Western Europe. During the Cold War, Europe was divided along the Iron Curtain between NATO in the west and the Warsaw Pact in the east, until the revolutions of 1989 and fall of the Berlin Wall. In 1955, the Council of Europe was formed following a speech by Sir Winston Churchill and it includes all states except for Belarus, Kazakhstan and Vatican City. Further European integration by some states led to the formation of the European Union, the EU originated in Western Europe but has been expanding eastward since the fall of the Soviet Union in 1991. The European Anthem is Ode to Joy and states celebrate peace, in classical Greek mythology, Europa is the name of either a Phoenician princess or of a queen of Crete. The name contains the elements εὐρύς, wide, broad and ὤψ eye, broad has been an epithet of Earth herself in the reconstructed Proto-Indo-European religion and the poetry devoted to it. For the second part also the divine attributes of grey-eyed Athena or ox-eyed Hera. The same naming motive according to cartographic convention appears in Greek Ανατολή, Martin Litchfield West stated that phonologically, the match between Europas name and any form of the Semitic word is very poor. Next to these there is also a Proto-Indo-European root *h1regʷos, meaning darkness. Most major world languages use words derived from Eurṓpē or Europa to refer to the continent, in some Turkic languages the originally Persian name Frangistan is used casually in referring to much of Europe, besides official names such as Avrupa or Evropa
9.
Council of Europe
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The Council of Europe is an international organisation focused on protecting human rights, democracy, rule of law in Europe and promoting European culture. Founded in 1949, it has 47 member states, covers approximately 820 million people, No country has ever joined the EU without first belonging to the Council of Europe. Unlike the EU, the Council of Europe cannot make binding laws, the best known body of the Council of Europe is the European Court of Human Rights, which enforces the European Convention on Human Rights. The Commissioner for Human Rights is an independent institution within the Council of Europe, mandated to promote awareness of, the Secretary General heads the secretariat of the organisation. Other major CoE bodies include the European Directorate for the Quality of Medicines, the headquarters of the Council of Europe are in Strasbourg, France. English and French are its two official languages, the Committee of Ministers, the Parliamentary Assembly and the Congress also use German, Italian, Russian, and Turkish for some of their work. In a speech at the University of Zurich on 19 September 1946, Sir Winston Churchill called for a kind of United States of Europe and he had spoken of a Council of Europe as early as 1943 in a radio broadcast. There were two schools of thought competing, some favoured a classical international organisation with representatives of governments, both approaches were finally combined through the creation of the Committee of Ministers and the Parliamentary Assembly under the Statute of the Council of Europe. The Council of Europe was founded on 5 May 1949 by the Treaty of London and those conventions and decisions are developed by the member states working together at the Council of Europe. Both organizations function as concentric circles around the foundations for European co-operation and harmony. The European Union could be seen as the circle with a much higher level of integration through the transfer of powers from the national to the EU level. The Council of Europe and the European Union, different roles, Council of Europe conventions/treaties are also open for signature to non-member states, thus facilitating equal co-operation with countries outside Europe. The Convention created the European Court of Human Rights in Strasbourg, the Court supervises compliance with the European Convention on Human Rights and thus functions as the highest European court. It is to court that Europeans can bring cases if they believe that a member country has violated their fundamental rights. The various activities and achievements of the Council of Europe can be found in detail on its official website, Promotion of the right to education under Article 2 of the first Protocol to the European Convention on Human Rights and several conventions on the recognition of university studies and diplomas. Promotion of fair sport through the Anti-Doping Convention Promotion of European youth exchanges and co-operation through European Youth Centres in Strasbourg and Budapest, Promotion of the quality of medicines throughout Europe by the European Directorate for the Quality of Medicines and its European Pharmacopoeia. The institutions of the Council of Europe are, The Secretary General, mr Thorbjørn Jagland, the former Prime Minister of Norway was elected Secretary General of the Council of Europe in September 2009. In June 2014, he was re-elected, and his term in office commenced on 1 October 2014
10.
Committee of Ministers of the Council of Europe
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The Committee of Ministers of the Council of Europe or commonly the Committee of Ministers is the Council of Europes decision-making body. It comprises the Foreign Affairs Ministers of all the member states, in collaboration with the Parliamentary Assembly, it is the guardian of the Councils fundamental values, and monitors member states compliance with their undertakings. The Minister of Foreign Affairs of each Council of Europe member state sits on the Committee of Ministers, in May 1951 the Committee of Ministers invited each member state to appoint a Permanent Representative who would be in constant touch with the organisation. All Permanent Representatives reside in Strasbourg and they are usually senior diplomats with ambassadorial rank, occasionally chargés daffaires. In 1952 the Committee of Ministers decided that each Minister could appoint a Deputy, the Ministers Deputies have the same decision-making powers as the Ministers. A Deputy is usually also the Permanent Representative of the member State, the second in rank in a delegation usually has the title Deputy Permanent Representative, not to be confused with Ministers Deputy. The Committee meets at ministerial level once a year, in May or in November, the meetings, known as sessions, are normally held in Strasbourg and usually last one full day or two half days. While the greater part of each session is devoted to political dialogue. Although the records of the sessions are confidential, a final communiqué is issued at the end of each meeting, the Ministers may also issue one or more declarations. Meetings of the Ministers Deputies are usually held in the Committee of Ministers meeting room once a week, the Deputies also meet several times a week in subsidiary groups. The Committee of Ministers has the authority to invite European States to become members of the Council of Europe and it may also suspend or terminate membership. The process of admission begins when the Committee of Ministers, having received an application for membership. The Assembly adopts an opinion which is published in the Assemblys texts adopted, if the Committee decides that a state can be admitted, it adopts a resolution inviting that state to become a member. The invitation specifies the number of seats that the state will have in the Assembly as well as its contribution to the budget, recently the invitations have included a number of conditions concerning the implementation of democratic reforms in the applicant state. Once invited, a state becomes a member by depositing, normally by the Minister for Foreign Affairs, once the European Union has attained full legal personality, it could also accede to the Council of Europe. So far, the European Community has only signed Council of Europe treaties, over 190 treaties have now been opened for signature. The text of any treaty is finalised when it is adopted by the Committee, under Article 20 of the Statute adoption of a treaty requires, a two-thirds majority of the representatives casting a vote, a majority of those entitled to vote. The same majorities are required to authorise the publication of any explanatory report, the Committee also fixes the date that the treaty will be opened for signature
11.
Yukos
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OJSC Yukos Oil Company was an oil and gas company based in Moscow, Russia. Yukos was acquired from the Russian government by Russian oligarch Mikhail Khodorkovskys Bank Menatep during the controversial loans for shares auctions of the mid 1990s. Courts in several countries later ruled that the intent was to destroy Yukos and obtain its assets for the government. In 2014 the largest arbitration award in history, $50 billion, was won by Yukos former owners against Russia, from 2003-04 onwards, the Russian government presented Yukos with a series of tax claims totaling US$27 billion. As the government froze Yukos assets at the time, and alternative attempts to settle by Yukos were refused. Between 2004 and 2007, most of Yukoss assets were seized and transferred for a fraction of their value to state-owned oil companies, the Parliamentary Assembly of the Council of Europe condemned Russias campaign against Yukos and its owners as manufactured for political reasons and a violation of human rights. Between 2011 and 2014 several court cases were won by the companys management. The company was created on April 15,1993 by Resolution №,354 of the Russian government, following Presidential Decree №. OAO Yukos Oil Company, universally known as Yukos was one of the companies so formed, the company was named after these assets, YUganskneftegaz + KuybyshevnefteOrgSintez. The Samaraneftegaz refinery was added to Yukos in 1995 under decree №,864, and at some point eight distribution companies in Central Russia and Siberia and assorted technical businesses. Menatep became the owner of 78% of Yukos shares following an auction in December 1995 and Khodorkovsky became its CEO. In the late 1990s Russia was badly affected by a deepening of the economic crisis, in 2001 the company paid $500m dividend, in 2002 - $700m and in 2003 the planned dividend payout was estimatd at $3 billion. Its share prices were growing quickly - in 2001 by 191% and it started international expansion, purchasing 49% shares of Transpetrol and 53% shares of Mazeikiu Nafta. In 2002 four companies - Yukos, Lukoil, TNK and Sibneft - established a consortium to build a pipeline from Western Siberia to Murmansk, Yukos had five Americans on its board, and Khodorkovskys charity Open Russia listed Henry Kissinger and Lord Rothschild as chairmen. In a 2002 profile, Forbes described Khodorkovsky as being vilified by the West until quite recently and it quoted Khodorkovsky as saying, By now we understand how business is done in the West. I earn money in dividends and with the increase in the capitalization of my company. At the peak of its success, Yukos was producing 20% of Russian oil—about 2% of world production, in its final year before being broken up, on October 25,2003, Yukos CEO Khodorkovsky was arrested on charges of fraud and tax evasion. Control of Mikhail Khodorkovsky’s shares in the Russian oil giant Yukos have passed to Jacob Rothschild, 4th Baron Rothschild upon his arrest
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Treaty
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A treaty is an agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention, pact, or exchange of letters, regardless of terminology, all of these forms of agreements are, under international law, equally considered treaties and the rules are the same. A treaty is an official, express written agreement that states use to bind themselves. Since the late 19th century, most treaties have followed a consistent format. A treaty typically begins with a preamble describing the parties and their joint objectives in executing the treaty. Modern preambles are sometimes structured as a very long sentence formatted into multiple paragraphs for readability. The end of the preamble and the start of the agreement is often signaled by the words have agreed as follows. After the preamble comes numbered articles, which contain the substance of the actual agreement. Each article heading usually encompasses a paragraph, a long treaty may further group articles under chapter headings. The date is written in its most formal, longest possible form. For example, the Charter of the United Nations was DONE at the city of San Francisco the twenty-sixth day of June, one nine hundred. If the treaty is executed in multiple copies in different languages, that fact is always noted, the signatures of the parties representatives follow at the very end. Bilateral treaties are concluded between two states or entities, each of these treaties has seventeen parties. These however are still bilateral, not multilateral, treaties, the parties are divided into two groups, the Swiss and the EU and its member states. The treaty establishes rights and obligations between the Swiss and the EU and the member states severally—it does not establish any rights and obligations amongst the EU, a multilateral treaty is concluded among several countries. The agreement establishes rights and obligations between each party and every other party, Treaties of mutual guarantee are international compacts, e. g. the Treaty of Locarno which guarantees each signatory against attack from another. Reservations are essentially caveats to an acceptance of a treaty. Reservations are unilateral statements purporting to exclude or to modify the legal obligation and these must be included at the time of signing or ratification, i. e. a party cannot add a reservation after it has already joined a treaty
13.
World War II
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World War II, also known as the Second World War, was a global war that lasted from 1939 to 1945, although related conflicts began earlier. It involved the vast majority of the worlds countries—including all of the great powers—eventually forming two opposing alliances, the Allies and the Axis. It was the most widespread war in history, and directly involved more than 100 million people from over 30 countries. Marked by mass deaths of civilians, including the Holocaust and the bombing of industrial and population centres. These made World War II the deadliest conflict in human history, from late 1939 to early 1941, in a series of campaigns and treaties, Germany conquered or controlled much of continental Europe, and formed the Axis alliance with Italy and Japan. Under the Molotov–Ribbentrop Pact of August 1939, Germany and the Soviet Union partitioned and annexed territories of their European neighbours, Poland, Finland, Romania and the Baltic states. In December 1941, Japan attacked the United States and European colonies in the Pacific Ocean, and quickly conquered much of the Western Pacific. The Axis advance halted in 1942 when Japan lost the critical Battle of Midway, near Hawaii, in 1944, the Western Allies invaded German-occupied France, while the Soviet Union regained all of its territorial losses and invaded Germany and its allies. During 1944 and 1945 the Japanese suffered major reverses in mainland Asia in South Central China and Burma, while the Allies crippled the Japanese Navy, thus ended the war in Asia, cementing the total victory of the Allies. World War II altered the political alignment and social structure of the world, the United Nations was established to foster international co-operation and prevent future conflicts. The victorious great powers—the United States, the Soviet Union, China, the United Kingdom, the Soviet Union and the United States emerged as rival superpowers, setting the stage for the Cold War, which lasted for the next 46 years. Meanwhile, the influence of European great powers waned, while the decolonisation of Asia, most countries whose industries had been damaged moved towards economic recovery. Political integration, especially in Europe, emerged as an effort to end pre-war enmities, the start of the war in Europe is generally held to be 1 September 1939, beginning with the German invasion of Poland, Britain and France declared war on Germany two days later. The dates for the beginning of war in the Pacific include the start of the Second Sino-Japanese War on 7 July 1937, or even the Japanese invasion of Manchuria on 19 September 1931. Others follow the British historian A. J. P. Taylor, who held that the Sino-Japanese War and war in Europe and its colonies occurred simultaneously and this article uses the conventional dating. Other starting dates sometimes used for World War II include the Italian invasion of Abyssinia on 3 October 1935. The British historian Antony Beevor views the beginning of World War II as the Battles of Khalkhin Gol fought between Japan and the forces of Mongolia and the Soviet Union from May to September 1939, the exact date of the wars end is also not universally agreed upon. It was generally accepted at the time that the war ended with the armistice of 14 August 1945, rather than the formal surrender of Japan
14.
Universal Declaration of Human Rights
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The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly on 10 December 1948 at the Palais de Chaillot, Paris. The full text is available on the United Nations website, in 1966, the General Assembly adopted the two detailed Covenants, which complete the International Bill of Human Rights. In 1976, after the Covenants had been ratified by a sufficient number of individual nations, during World War II, the Allies adopted the Four Freedoms—freedom of speech, freedom of religion, freedom from fear, and freedom from want—as their basic war aims. A universal declaration that specified the rights of individuals was necessary to effect to the Charters provisions on human rights. In June 1946, the UN Economic and Social Council established the Commission on Human Rights, the Commission on Human Rights, a standing body of the United Nations, was constituted to undertake the work of preparing what was initially conceived as an International Bill of Rights. The commission established a special Universal Declaration of Human Rights Drafting Committee, chaired by Eleanor Roosevelt, the committee met in two sessions over the course of two years. At the time, Humphrey was newly appointed as Director of the Division of Human Rights within the United Nations Secretariat, other well-known members of the drafting committee included René Cassin of France, Charles Malik of Lebanon, P. C. Chang of the Republic of China, Humphrey provided the initial draft which became the working text of the Commission. According to Allan Carlson in Globalizing Family Values, the Declarations pro-family phrases were the result of the Christian Democratic movements influence on Cassin, during these discussions many amendments and propositions were made by UN Member States. British representatives were extremely frustrated that the proposal had moral but no legal obligation, a On 10 December 1948, the Universal Declaration was adopted by the General Assembly by a vote of 48 in favor, none against, and eight abstentions. Honduras and Yemen—both members of UN at the time—failed to vote or abstain, south Africas position can be seen as an attempt to protect its system of apartheid, which clearly violated any number of articles in the Declaration. The six communist nations abstentions centred around the view that the Declaration did not go far enough in condemning fascism and Nazism, Eleanor Roosevelt attributed the abstention of the Soviet bloc nations to Article 13, which provided the right of citizens to leave their countries. 48 countries voted in favour of the Declaration, a.8 countries abstained, Later on, the underlying structure of the Universal Declaration was introduced in its second draft, which was prepared by René Cassin. Cassin worked from a first draft, which was prepared by John Peters Humphrey, the structure was influenced by the Code Napoléon, including a preamble and introductory general principles. Cassin compared the Declaration to the portico of a Greek temple, with a foundation, steps, four columns, articles 1 and 2 are the foundation blocks, with their principles of dignity, liberty, equality, and brotherhood. The seven paragraphs of the out the reasons for the Declaration—represent the steps. The main body of the Declaration forms the four columns, the first column constitutes rights of the individual such as the right to life and the prohibition of slavery. Articles 6 through 11 refer to the legality of human rights with specific remedies cited for their defense when violated
15.
Winston Churchill
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Sir Winston Leonard Spencer-Churchill KG OM CH TD PC DL FRS RA was a British statesman who was the Prime Minister of the United Kingdom from 1940 to 1945 and again from 1951 to 1955. Churchill was also an officer in the British Army, a historian. He won the Nobel Prize in Literature in 1953 for his overall, in 1963, he was the first of only eight people to be made an honorary citizen of the United States. Churchill was born into the family of the Dukes of Marlborough and his father, Lord Randolph Churchill, was a charismatic politician who served as Chancellor of the Exchequer, his mother, Jennie Jerome, was an American socialite. As a young officer, he saw action in British India, the Anglo–Sudan War. He gained fame as a war correspondent and wrote books about his campaigns, at the forefront of politics for fifty years, he held many political and cabinet positions. Before the First World War, he served as President of the Board of Trade, Home Secretary, during the war, he continued as First Lord of the Admiralty until the disastrous Gallipoli Campaign caused his departure from government. He then briefly resumed active service on the Western Front as commander of the 6th Battalion of the Royal Scots Fusiliers. He returned to government under Lloyd George as Minister of Munitions, Secretary of State for War, Secretary of State for Air, at the outbreak of the Second World War, he was again appointed First Lord of the Admiralty. Following the resignation of Neville Chamberlain on 10 May 1940, Churchill became Prime Minister and he led Britain as Prime Minister until victory over Nazi Germany had been secured. After the Conservative Party suffered a defeat in the 1945 general election. He publicly warned of an Iron Curtain of Soviet influence in Europe, after winning the 1951 election, Churchill again became Prime Minister. His second term was preoccupied by foreign affairs, including the Malayan Emergency, Mau Mau Uprising, Korean War, domestically his government laid great emphasis on house-building. Churchill suffered a stroke in 1953 and retired as Prime Minister in 1955. Upon his death aged ninety in 1965, Elizabeth II granted him the honour of a state funeral and his highly complex legacy continues to stimulate intense debate amongst writers and historians. Born into the family of the Dukes of Marlborough, a branch of the noble Spencer family, Winston Leonard Spencer-Churchill, like his father. His ancestor George Spencer had changed his surname to Spencer-Churchill in 1817 when he became Duke of Marlborough, to highlight his descent from John Churchill, Churchill was born on 30 November 1874, two months prematurely, in a bedroom in Blenheim Palace, Woodstock, Oxfordshire. From age two to six, he lived in Dublin, where his grandfather had been appointed Viceroy, Churchills brother, John Strange Spencer-Churchill, was born during this time in Ireland
16.
Konrad Adenauer
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Konrad Hermann Joseph Adenauer was a German statesman who served as the first post-war Chancellor of Germany from 1949 to 1963. He led his country from the ruins of World War II to a productive and prosperous nation that forged close relations with France, the United Kingdom, during his years in power West Germany achieved democracy, stability, international respect and economic prosperity. He was the first leader of the Christian Democratic Union, a Christian Democratic party that under his leadership became one of the most influential parties in the country, Adenauer, the Chancellor till age 87 was dubbed Der Alte. British historian Roy Jenkins says he was the oldest statesman ever to function in elected office and he belied his age by his intense work habits and his uncanny political instinct. He displayed a strong dedication to a vision of market-based liberal democracy. A shrewd politician, Adenauer was deeply committed to a Western-oriented foreign policy and he worked to restore the West German economy from the destruction of World War II to a central position in Europe, presiding over the German Economic Miracle. He reestablished the German military in 1955 and he came to terms with France, which made possible the economic unification of Western Europe. Adenauer opposed rival East Germany and made his nation a member of NATO, a devout Roman Catholic, he had been a leading Centre Party politician in the Weimar Republic, serving as Mayor of Cologne and as president of the Prussian State Council. Konrad Adenauer was born as the third of five children of Johann Konrad Adenauer and his wife Helene in Cologne, Rhenish Prussia and his siblings were August, Johannes, Lilli and Elisabeth, who died shortly after birth in c. In 1894, he completed his Abitur and began studying law and politics at the universities of Freiburg, Munich and Bonn. In 1896, at the age of 20, he was conscripted into the German army and he was a member of several Roman Catholic students associations under the K. St. V. He graduated in 1900 and afterwards worked as a lawyer at the court in Cologne and he was strongly interested in the use of medicinal herbs, according to famous French herbalist Maurice Messugue, whom he met and befriended. These were his favorite medicinal plants according to Messugue, though he had knowledge of a wide range of plants. He agreed with Messugue that plants had to be free of sprays and he told Messugue that he owed his good health to the plants, to nature. Adenauer found relaxation and great enjoyment in the Italian game of bocce, as a devout Catholic, he joined the Centre Party in 1906 and was elected to Colognes city council in the same year. In 1909, he became Vice-Mayor of Cologne, a metropolis with a population of 635,000 in 1914. From 1917 to 1933, he served as Mayor of Cologne, Adenauer headed Cologne during World War I, working closely with the army to maximize the citys role as a rear base of supply and transportation for the Western Front. He paid special attention to the food supply, enabling the residents to avoid the worst of the severe shortages that beset most German cities during 1918–19
17.
Congress of Europe
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The Congress brought together representatives from across a broad political spectrum, providing them with the opportunity to discuss ideas about the development of European political co-operation. A broad range of philosophers, journalists, church leaders, lawyers, professors, entrepreneurs, a call was launched for a political, economic and monetary Union of Europe. This landmark conference was to have an influence on the shape of the European Movement. The Spanish statesman Salvador de Madariaga proposed the establishment of a College of Europe at the Congress and this would be a college where university graduates from many different countries, some only a short while before at war with each other, could study and live together. The Congress also discussed the structure and role of the Council of Europe. Teitgen and Maxwell-Fyfe were instrumental in creating the Convention of Human Rights, the Congress provided the means to heighten public opinion for European unity. On 20 July 1948, at the Hague meeting of ministers of Western European Union, Schumans Foreign Minister Georges Bidault proposed the creation of a European Assembly, thus the conclusions of the Congress became French government policy and then the subject of European governmental policy
18.
The Hague
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The Hague is a city on the western coast of the Netherlands, and the capital city of the province of South Holland. With a population of 520,704 inhabitants and more than one million including the suburbs, it is the third-largest city of the Netherlands. The Rotterdam The Hague Metropolitan Area, with a population of approximately 2.7 million, is the 12th-largest in the European Union and the most populous in the country. Located in the west of the Netherlands, The Hague is in the centre of the Haaglanden conurbation and lies at the southwest corner of the larger Randstad conurbation. The Hague is the seat of the Dutch government, parliament, the Supreme Court, and the Council of State, but the city is not the capital of the Netherlands, which constitutionally is Amsterdam. King Willem-Alexander of the Netherlands plans to live at Huis ten Bosch and works at Noordeinde Palace in The Hague, the Hague is also home to the world headquarters of Royal Dutch Shell and numerous other major Dutch companies. The Hague originated around 1230, when Count Floris IV of Holland purchased land alongside a pond, in 1248, his son and successor William II, King of the Romans, decided to extend the residence to a palace, which would later be called the Binnenhof. He died in 1256 before this palace was completed but parts of it were finished by his son Floris V, of which the Ridderzaal and it is still used for political events, such as the annual speech from the throne by the Dutch monarch. From the 13th century onwards, the counts of Holland used The Hague as their administrative centre, the village that originated around the Binnenhof was first mentioned as Haga in a charter dating from 1242. In the 15th century, the smarter des Graven hage came into use, literally The Counts Wood, with connotations like The Counts Hedge, s-Gravenhage was officially used for the city from the 17th century onwards. Today, this name is used in some official documents like birth. The city itself uses Den Haag in all its communication and their seat was located in The Hague. At the beginning of the Eighty Years War, the absence of city walls proved disastrous, in 1575, the States of Holland even considered demolishing the city but this proposal was abandoned, after mediation by William of Orange. From 1588, The Hague also became the seat of the government of the Dutch Republic, in order for the administration to maintain control over city matters, The Hague never received official city status, although it did have many of the privileges normally granted only to cities. In modern administrative law, city rights have no place anymore, only in 1806, when the Kingdom of Holland was a puppet state of the First French Empire, was the settlement granted city rights by Louis Bonaparte. After the Napoleonic Wars, modern-day Belgium and the Netherlands were combined in the United Kingdom of the Netherlands to form a buffer against France, as a compromise, Brussels and Amsterdam alternated as capital every two years, with the government remaining in The Hague. After the separation of Belgium in 1830, Amsterdam remained the capital of the Netherlands, when the government started to play a more prominent role in Dutch society after 1850, The Hague quickly expanded. The growing city annexed the rural municipality of Loosduinen partly in 1903, the city sustained heavy damage during World War II
19.
David Maxwell Fyfe, 1st Earl of Kilmuir
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However, he was also a controversial Home Secretary who refused clemency to commute Derek Bentleys highly controversial death sentence. His political ambitions were dashed in Harold Macmillans cabinet reshuffle of July 1962. Born in Edinburgh, the son of William Thomson Fyfe, Headmaster of Aberdeen Grammar School, by his second wife Isabella Campbell, daughter of David Campbell, of Dornoch. Sutherland, he was educated at George Watsons College and Balliol College, Oxford and he also took time out from education to serve in the Scots Guards in 1918-19, at the end of the World War I. After graduation, he went on to work for the British Commonwealth Union as political secretary to Sir Patrick Hannon MP and he entered Grays Inn and was called to the bar in 1922. He became a pupil of George Lynskey in Liverpool then joined his chambers to practise, not pausing before beginning his political career in earnest, he stood for Wigan in 1924, a parliamentary seat unwinnable for the Conservatives. Maxwell Fyfe was finally elected to parliament in Liverpool West Derby in a by-election in July 1935, meanwhile, Maxwell Fyfes legal career had prospered, largely through his capacity for hard work. In 1934 he had become Kings Counsel, the youngest in 250 years and he was Recorder of Oldham from 1936 to 1942. He was badly injured in an air raid in September 1940, in May 1941 Maxwell Fyfe became deputy to R. A. Butlers chairmanship of a Conservative Party committee to analyse forthcoming post-war problems, taking over from Butler in July 1943. In March 1942, Sir Winston Churchill, on the advice of Brendan Bracken, at the same time he was knighted and sworn to the Privy Council. When the war ended and the coalition was dissolved in May 1945, Shawcross, to emphasise the non-partisan nature of the trials, appointed Maxwell Fyfe his deputy. However, Shawcross was largely committed to his duties in Westminster. Maxwell Fyfe took on most of the day-to-day responsibilities as capable lawyer, efficient administrator, there were misgivings in some quarters as to how Fyfe would perform, cross-examination not being regarded as one of his strengths. However, his cross-examination of Hermann Göring is one of the most noted cross-examinations in history, faced with sustained and methodical competence rather than brilliance, Goering. After Nuremberg, Maxwell Fyfe returned to parliament to shadow the Minister of Labour while simultaneously pursuing a full, busy and successful career at the Bar. Reputedly, he would arrive at the House of Commons at around 5.00 pm, often stay throughout debates that lasted all night then, after a quick shave and breakfast and he was ably assisted in his punishing schedule by his wife, herself a Conservative Party worker. Maxwell Fyfe played a role in drafting the Partys Industrial Charter of 1947. The report shifted the balance of funding from the candidate to the Party
20.
Nuremberg trials
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The trials were held in the city of Nuremberg, Germany, and their decisions marked a turning point between classical international law and contemporary international law. Not included were Adolf Hitler, Heinrich Himmler, and Joseph Goebbels, all of whom had committed suicide in the spring of 1945, reinhard Heydrich was not included, as he had been assassinated in 1942. The second set of trials of war criminals was conducted under Control Council Law No.10 at the U. S. Nuremberg Military Tribunals, which included the Doctors Trial. This article primarily deals with the IMT, see Subsequent Nuremberg Trials for details on the NMT, at the beginning of 1940, the Polish government-in-exile asked the British and French governments to condemn the German invasion of their country. The British initially declined to do so, however, in April 1940, three-and-a-half years later, the stated intention to punish the Germans was much more trenchant. In order that justice may be done and this intention by the Allies to dispense justice was reiterated at the Yalta Conference and at Berlin in 1945. British War Cabinet documents, released on 2 January 2006, showed that as early as December 1944 the Cabinet had discussed their policy for the punishment of the leading Nazis if captured. In late 1943, during the Tripartite Dinner Meeting at the Tehran Conference, US President Franklin D. Roosevelt joked that perhaps 49,000 would do. Churchill was vigorously opposed to executions for political purposes, US Secretary of the Treasury, suggested a plan for the total denazification of Germany, this was known as the Morgenthau Plan. The plan advocated the forced de-industrialisation of Germany and the execution of so-called arch-criminals. Roosevelt initially supported this plan, and managed to convince Churchill to support it in a less drastic form, later, details were leaked generating widespread condemnation by the nations newspapers. Roosevelt, aware of public disapproval, abandoned the plan. The demise of the Morgenthau Plan created the need for a method of dealing with the Nazi leadership. The plan for the Trial of European War Criminals was drafted by Secretary of War Henry L. Stimson, following Roosevelts death in April 1945, the new president, Harry S. Truman, gave strong approval for a judicial process. After a series of negotiations between Britain, the US, Soviet Union and France, details of the trial were worked out, the trials were to commence on 20 November 1945, in the Bavarian city of Nuremberg. On 20 April 1942, representatives from the nine countries occupied by Germany met in London to draft the Inter-Allied Resolution on German War Crimes, France was also awarded a place on the tribunal. The legal basis for the jurisdiction of the court was that defined by the Instrument of Surrender of Germany. Because the court was limited to violations of the laws of war, leipzig and Luxembourg were briefly considered as the location for the trial
21.
Civil liberties
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Civil liberties or personal freedoms are personal guarantees and freedoms that the government cannot abridge, either by law or by judicial interpretation, without due process. Other civil liberties include the right to own property, the right to defend oneself, within the distinctions between civil liberties and other types of liberty, distinctions exist between positive liberty/positive rights and negative liberty/negative rights. Many contemporary states have a constitution, a bill of rights, or similar constitutional documents that enumerate, the existence of some claimed civil liberties is a matter of dispute, as are the extent of most civil rights. Controversial examples include property rights, reproductive rights, and civil marriage, whether the existence of victimless crimes infringes upon civil liberties is a matter of dispute. Another matter of debate is the suspension or alteration of certain civil liberties in times of war or state of emergency, including whether and to what extent this should occur. The formal concept of civil liberties is often dated back to Magna Carta, the Constitution of Peoples Republic of China, especially its Fundamental Rights and Duties of Citizens, claims to protect many civil liberties. Taiwan, which is separated from China, has its own Constitution, the Fundamental Rights—embodied in Part III of the constitution—guarantee liberties such that all Indians can lead their lives in peace as citizens of India. The six fundamental rights are right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights and right to constitutional remedies. These include individual rights common to most liberal democracies, incorporated in the law of the land and are enforceable in a court of law. Violations of these result in punishments as prescribed in the Indian Penal Code. These rights are neither absolute nor immune from constitutional amendments and they have been aimed at overturning the inequalities of pre-independence social practices. Specifically, they resulted in abolishment of un-touchability and prohibit discrimination on the grounds of religion, race, caste, sex and they forbid human trafficking and unfree labour. They protect cultural and educational rights of ethnic and religious minorities by allowing them to preserve their languages, all people, irrespective of race, religion, caste or sex, have the right to approach the High Courts or the Supreme Court for the enforcement of their fundamental rights. It is not necessary that the party has to be the one to do so. In public interest, anyone can initiate litigation in the court on their behalf and this is known as Public interest litigation. High Court and Supreme Court judges can also act on their own on the basis of media reports, the Fundamental Rights emphasize equality by guaranteeing to all citizens the access and use of public institutions and protections, irrespective of their background. The rights to life and personal liberty apply for persons of any nationality, while others, such as the freedom of speech, the right to equality in matters of public employment cannot be conferred to overseas citizens of India. Fundamental Rights primarily protect individuals from any arbitrary State actions, for instance, the constitution abolishes untouchability and prohibits begar
22.
Guido Raimondi
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Guido Raimondi is an Italian judge born in Naples and currently the President of the European Court of Human Rights. Raimondi was nominated to the court by Italy and began his 9-year term as ECHR judge on 5 May 2010 and he has been the President of ECHR since 1 November 2015. Between 1997 and 2003 Raimondi served on the Supreme Court of Cassation, first in the Advocate General’s office, during the same period he occasionally served as ad hoc judge in cases before the European Court of Human Rights. In May 2003 he joined the International Labour Organization as Deputy Legal Adviser in Geneva, in February 2008 he became Legal Adviser of that organization. Raimondi has been a judge at the European Court of Human Rights since 2010, in September 2012 he was elected Section President and then Vice-President of the Court for a three-year term of office starting on 1 November 2012
23.
Bill of Rights 1689
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The Bill of Rights is an Act of the Parliament of England that deals with constitutional matters and sets out certain basic civil rights. It sets out certain rights of individuals including the prohibition of cruel and unusual punishment, furthermore, the Bill of Rights described and condemned several misdeeds of James II of England. These ideas reflected those of the political thinker John Locke and they became popular in England. It also sets out—or, in the view of its drafters, restates—certain constitutional requirements of the Crown to seek the consent of the people, a separate but similar document, the Claim of Right Act 1689, applies in Scotland. The Bill of Rights 1689 was one of the inspirations for the United States Bill of Rights, along with the Act of Settlement 1701, the Bill of Rights is still in effect in all Commonwealth realms. Following the Perth Agreement in 2011, legislation amending both of them came into effect across the Commonwealth realms on 26 March 2015, during the early modern period, the power of the Parliament of England continually increased. Passage of the Petition of Right in 1628 and Habeas Corpus Act in 1679 established certain liberties for subjects, the idea of a political party took form with groups debating rights to political representation during the Putney Debates of 1647. The English Civil War was fought between the King and an oligarchic but elected Parliament, in the Glorious Revolution of 1688, a group of English Parliamentarians invited the Dutch stadtholder William III of Orange-Nassau to overthrow King James II of England. Williams successful invasion with a Dutch fleet and army led to James fleeing to France and this assembly called for an English Convention Parliament to be elected, which convened on 22 January 1689. On 2 February a committee specially convened reported to the Commons 23 Heads of Grievances and it passed the Commons without division. On 13 February the clerk of the House of Lords read the Declaration of Right, William replied for his wife and himself, We thankfully accept what you have offered us. They then went in procession to the gate at Whitehall. The Garter King at Arms proclaimed them King and Queen of England, France and Ireland, whereupon they adjourned to the Chapel Royal and they were crowned on 11 April, swearing an oath to uphold the laws made by Parliament. They were also to maintain the laws of God, the profession of the Gospel. This replaced an oath which had deferred more to the monarch, the previous oath required the monarch to rule based on the laws and customs. Granted by the Kings of England, the Declaration of Right was enacted in an Act of Parliament, the Bill of Rights 1689, in December 1689. The Act declared James flight from England following the Glorious Revolution to be an abdication of the throne and it listed twelve of Jamess policies by which James designed to endeavour to subvert and extirpate the protestant religion, and the laws and liberties of this kingdom. The Bill of Rights is commonly dated in legal contexts to 1688 and this convention arises from the legal fiction that an Act of Parliament came into force on the first day of the session in which it was passed
24.
United States Bill of Rights
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The Bill of Rights is the first ten amendments to the United States Constitution. Proposed following the oftentimes bitter 1787–88 battle over ratification of the U. S, on June 8,1789, Representative James Madison introduced nine amendments to the constitution in the House of Representatives. Among his recommendations Madison proposed opening up the Constitution and inserting specific rights limiting the power of Congress in Article One, Seven of these limitations would become part of the ten ratified Bill of Rights amendments. Contrary to Madisons original proposal that the articles be incorporated into the body of the Constitution. Articles Three through Twelve were ratified as additions to the Constitution on December 15,1791, Article Two became part of the Constitution on May 5,1992, as the Twenty-seventh Amendment. Article One is technically still pending before the states, the door for their application upon state governments was opened in the 1860s, following ratification of the Fourteenth Amendment. Since the early 20th century both federal and state courts have used the Fourteenth Amendment to apply portions of the Bill of Rights to state, the process is known as incorporation. There are several original engrossed copies of the Bill of Rights still in existence, One of these is on permanent public display at the National Archives in Washington, D. C. However, the government that operated under the Articles of Confederation was too weak to adequately regulate the various conflicts that arose between the states. The Philadelphia Convention set out to correct weaknesses of the Articles that had been apparent even before the American Revolutionary War had been successfully concluded, the convention took place from May 14 to September 17,1787, in Philadelphia, Pennsylvania. The convention convened in the Pennsylvania State House, and George Washington of Virginia was unanimously elected as president of the convention, the 55 delegates who drafted the Constitution are among the men known as the Founding Fathers of the new nation. Thomas Jefferson, who was Minister to France during the convention, Rhode Island refused to send delegates to the convention. However, the motion was defeated by a vote of the state delegations after only a brief discussion. Madison, then an opponent of a Bill of Rights, later explained the vote by calling the bills of rights parchment barriers that offered only an illusion of protection against tyranny. The quick rejection of this motion, however, later endangered the entire ratification process, thirty-nine delegates signed the finalized Constitution. Thirteen delegates left before it was completed, and three who remained at the convention until the end refused to sign it, Mason, Gerry, elbridge Gerry wrote the most popular Anti-Federalist tract, Hon. Mr. Gerrys Objections, which went through 46 printings, the essay particularly focused on the lack of a bill of rights in the proposed constitution, many were concerned that a strong national government was a threat to individual rights and that the president would become a king. Jefferson wrote to Madison advocating a Bill of Rights, Half a loaf is better than no bread, if we cannot secure all our rights, let us secure what we can
25.
Basic Law for the Federal Republic of Germany
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The Basic Law for the Federal Republic of Germany is the constitutional law of the Federal Republic of Germany. The Basic Law was approved on 8 May 1949 in Bonn and its original field of application comprised the states of the Trizone that were initially included in the then West German Federal Republic of Germany, but not West Berlin. As part of the Two Plus Four Agreement of 1990 between the two parts of Germany and all four Allied Powers, a series of amendments were agreed to be implemented. In the subsequent Unification Treaty of 1990, this amended Basic Law was adopted as the constitution for a united Germany, the German word Grundgesetz may be translated as either Basic Law or Fundamental Law. Nevertheless, although the amended Basic Law was finally to be approved in 1990 by the full Allied Powers, the authors of the Basic Law sought to ensure that a potential dictator would never again have the chance to come into power in the country. Although some of the Basic Law is based on the Weimar republic constitution, Fundamental rights are guaranteed in Germany by the Federal Constitution and in some state constitutions. In the Basic Law, most fundamental rights are guaranteed in the first section of the same name and they are subjective public rights with constitutional rank which bind all authorities of the state. Hence, these rights are called the rights identical to fundamental rights, since initially the Basic Law did not apply for all of Germany, its legal provisions were only valid in its field of application. This legal term was used in West German legislation when West German laws did not apply to the entirety of Germany. Article 23 of the Basic Law provided other de jure German states, initially not included in the field of application of the Basic Law, therefore, although the Basic Law was considered provisional, it allowed more parts of Germany to join its field of application. In other parts of Germany it shall be put into force on their accession, the Saar held no separate referendum on its accession. The Communist regime in East Germany fell in 1990, East Germanys declaration of accession included the East German territories into the field of application of the Basic Law. After the changes of the Basic Law, mostly pertaining to the accession in 1990, the negotiations ended with the conclusion that a democratic and federal West German state was to be established. These papers—amongst other points—summoned the Ministerpräsidenten to arrange a constitutional assembly, with the specific request of a federal structure of a future German state the Western Powers followed German constitutional tradition since the foundation of the Reich in 1871. The Ministerpräsidenten were reluctant to fulfill what was expected from them, a few days later they convened a conference of their own on Rittersturz ridge near Koblenz. They decided that any of the Frankfurt requirements should only be implemented in a formally provisional way, so the constitutional assembly was to be called Parlamentarischer Rat and the constitution given the name of Grundgesetz instead of calling it a constitution. The Ministerpräsidenten prevailed and the Western Powers gave in concerning this highly symbolic question, the draft was prepared at the preliminary Herrenchiemsee convention on the Herreninsel in the Chiemsee, a lake in southeastern Bavaria. The delegates at the Convention were appointed by the leaders of the newly formed Länder, on 1 September 1948 the Parlamentarischer Rat began working on the exact wording of the Grundgesetz
26.
Capital punishment
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Capital punishment, also known as the death penalty, is a government sanctioned practice whereby a person is put to death by the state as a punishment for a crime. The sentence that someone be punished in such a manner is referred to as a death sentence, etymologically, the term capital in this context alluded to execution by beheading. Fifty-six countries retain capital punishment,103 countries have abolished it de jure for all crimes, six have abolished it for ordinary crimes. Capital punishment is a matter of controversy in various countries and states. In the European Union, Article 2 of the Charter of Fundamental Rights of the European Union prohibits the use of capital punishment, also, the Council of Europe, which has 47 member states, prohibits the use of the death penalty by its members. The United Nations General Assembly has adopted, in 2007,2008,2010,2012 and 2014, non-binding resolutions calling for a moratorium on executions. Although most nations have abolished capital punishment, over 60% of the population live in countries where executions take place, such as China, India. Execution of criminals and political opponents has been used by nearly all societies—both to punish crime, in most countries that practise capital punishment it is reserved for murder, terrorism, war crimes, espionage, treason, defection or as part of military justice. In many countries use the death penalty, drug trafficking is also a capital offence. In China, human trafficking and serious cases of corruption are punished by the death penalty, in militaries around the world courts-martial have imposed death sentences for offences such as cowardice, desertion, insubordination, and mutiny. The use of formal execution extends to the beginning of recorded history, most historical records and various primitive tribal practices indicate that the death penalty was a part of their justice system. Communal punishment for wrongdoing generally included compensation by the wrongdoer, corporal punishment, shunning, banishment, usually, compensation and shunning were enough as a form of justice. The response to crime committed by neighbouring tribes or communities included a formal apology, a blood feud or vendetta occurs when arbitration between families or tribes fails or an arbitration system is non-existent. This form of justice was common before the emergence of a system based on state or organized religion. It may result from crime, land disputes or a code of honour, acts of retaliation underscore the ability of the social collective to defend itself and demonstrate to enemies that injury to property, rights, or the person will not go unpunished. However, in practice, it is difficult to distinguish between a war of vendetta and one of conquest. Elaborations of tribal arbitration of feuds included peace settlements often done in a religious context, compensation was based on the principle of substitution which might include material compensation, exchange of brides or grooms, or payment of the blood debt. Settlement rules could allow for animal blood to replace human blood, the person offered for execution did not have to be an original perpetrator of the crime because the system was based on tribes, not individuals
27.
Torture
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Torture is the act of deliberately inflicting physical or psychological pain on an organism in order to fulfill some desire of the torturer or compel some action from the victim. Torture, by definition, is a knowing and intentional act, in other cases, the torturer may be indifferent to the condition of the victim. Alternatively, some forms of torture are designed to inflict pain or leave as little physical injury or evidence as possible while achieving the same psychological devastation. The torturer may or may not kill or injure the victim, depending on the aim, even a form of torture that is intentionally fatal may be prolonged to allow the victim to suffer as long as possible. Although torture is sanctioned by some states, it is prohibited under international law, although widely illegal and reviled there is an ongoing debate as to what exactly is and is not legally defined to be torture. It is a violation of human rights, and is declared to be unacceptable by Article 5 of the UN Universal Declaration of Human Rights. Torture is also prohibited for the signatories of the United Nations Convention Against Torture, despite these findings and international conventions, organizations that monitor abuses of human rights report widespread use condoned by states in many regions of the world. Amnesty International estimates that at least 81 world governments currently practice torture, the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which is currently in force since June 26,1987, provides a broad definition of torture. It does not include pain or suffering arising only from, inherent in, or incidental to and this definition includes torture as part of domestic violence or ritualistic abuse, as well as in criminal activities. The Rome Statute is the treaty set up the International Criminal Court. The treaty was adopted at a conference in Rome on 17 July 1998. The Rome Statute provides a simplest definition of torture regarding the prosecution of war criminals by the International Criminal Court, since 1973, Amnesty International has adopted the simplest, broadest definition of torture. Title 18 of the United States Code contains the definition of torture in 18 U. S. C, §2340, which is only applicable to persons committing or attempting to commit torture outside of the United States. The Torture Victim Protection Act of 1991 provides remedies to individuals who are victims of torture by persons acting in a capacity of any foreign nation. The definition is similar to the U. S. Code §2340, Torture grew into an ornate discipline, where calibrated violence served two functions, to investigate and produce confessions and to attack the body as a form of punishment. Entire populaces of towns would show up to witness an execution by torture in the public square and those who had been spared torture were commonly locked barefooted into the stocks, where children took delight in rubbing feces into their hair and mouths. The Age of Enlightenment in the world further developed the idea of universal human rights. The adoption of the Universal Declaration of Human Rights in 1948 marks the recognition at least nominally of a ban of torture by all UN member states
28.
Extradition
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Between countries, extradition is normally regulated by treaties. Where extradition is compelled by laws, such as among sub-national jurisdictions and it is an ancient mechanism, dating back to at least the 13th century BC, when an Egyptian Pharaoh, Ramesses II, negotiated an extradition treaty with a Hittite King, Hattusili III. Through the extradition process, a sovereign typically makes a formal request to another sovereign, if the fugitive is found within the territory of the requested state, then the requested state may arrest the fugitive and subject him or her to its extradition process. The extradition procedures to which the fugitive will be subjected are dependent on the law, such absence of international obligation, and the desire for the right to demand such criminals from other countries, have caused a web of extradition treaties or agreements to evolve. When no applicable extradition agreement is in place, a sovereign may still request the expulsion or lawful return of an individual pursuant to the requested state’s domestic law and this can be accomplished through the immigration laws of the requested state or other facets of the requested state’s domestic law. Similarly, the codes of penal procedure in many countries contain provisions allowing for extradition to take place in the absence of an extradition agreement. Sovereigns may, therefore, still request the expulsion or lawful return of a fugitive from the territory of a state in the absence of an extradition treaty. By enacting laws or in concluding treaties or agreements, countries determine the conditions under which they may entertain or deny extradition requests, political nature of the alleged crime, most countries refuse to extradite suspects of political crimes. Possibility of certain forms of punishment, some countries refuse extradition on grounds that the person, if extradited, a few go as far as to cover all punishments that they themselves would not administer. This was due to the conditions on death row and the uncertain timescale within which the sentence would be executed. Jurisdiction, Jurisdiction over a crime can be invoked to refuse extradition, in particular, the fact that the person in question is a nations own citizen causes that country to have jurisdiction. These countries often have laws in place that give them jurisdiction over crimes committed abroad by or against citizens, by virtue of such jurisdiction, they prosecute and try citizens accused of crimes committed abroad as if the crime had occurred within the countrys borders. A concept related to extradition that has significant implications in transnational criminal law is that of aut dedere aut judicare, many international agreements contain provisions for aut dedere aut judicare. These include all four 1949 Geneva Conventions, the U. N, the refusal of a country to extradite suspects or criminals to another may lead to international relations being strained. Often, the country to which extradition is refused will accuse the other country of refusing extradition for political reasons, another long-standing example is Roman Polanski whose extradition was pursued by California for over 20 years. For a brief period he was placed under arrest in Switzerland, the questions involved are often complex when the country from which suspects are to be extradited is a democratic country with a rule of law. Typically, in countries, the final decision to extradite lies with the national executive. However, such countries typically allow extradition defendants recourse to the law and these may significantly slow down procedures
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Slavery
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A slave is unable to withdraw unilaterally from such an arrangement and works without remuneration. Many scholars now use the chattel slavery to refer to this specific sense of legalised. In a broader sense, however, the word slavery may also refer to any situation in which an individual is de facto forced to work against his or her will. Scholars also use the generic terms such as unfree labour or forced labour. However – and especially under slavery in broader senses of the word – slaves may have some rights and/or protections, Slavery began to exist before written history, in many cultures. A person could become a slave from the time of their birth, capture, while slavery was institutionally recognized by most societies, it has now been outlawed in all recognized countries, the last being Mauritania in 2007. Nevertheless, there are still more slaves today than at any point in history. The most common form of the trade is now commonly referred to as human trafficking. Chattel slavery is still practiced by the Islamic State of Iraq. An older interpretation connected it to the Greek verb skyleúo to strip a slain enemy, there is a dispute among historians about whether terms such as unfree labourer or enslaved person, rather than slave, should be used when describing the victims of slavery. Chattel slavery, also called traditional slavery, is so named because people are treated as the chattel of the owner and are bought, although it dominated many societies in the past, this form of slavery has been formally abolished and is very rare today. Even when it can be said to survive, it is not upheld by the system of any internationally recognized government. Indenture, otherwise known as bonded labour or debt bondage is a form of labour under which a person pledges himself or herself against a loan. The services required to repay the debt, and their duration, debt bondage can be passed on from generation to generation, with children required to pay off their parents debt. It is the most widespread form of slavery today, debt bondage is most prevalent in South Asia. This may also include institutions not commonly classified as slavery, such as serfdom, conscription, Human trafficking primarily involves women and children forced into prostitution. And is the fastest growing form of forced labour, with Thailand, Cambodia, India, Brazil, in 2007, Human Rights Watch estimated that 200,000 to 300,000 children served as soldiers in current conflicts. A forced marriage may be regarded as a form of slavery by one or more of the involved in the marriage
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Unfree labour
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Unfree labour includes all forms of slavery, and related institutions. According to the Marxian economics, under capitalism, workers never keep all of the wealth they create, as some of it goes to the profit of capitalists. Slavery was common in ancient societies, including ancient Greece, ancient Rome, ancient Israel, ancient China, classical Arab states, as well as many societies in Africa. Being sold into slavery was a fate of populations conquered in wars. The term slavery is often applied to situations which do not meet the above definitions, examples are the Repartimiento system in the Spanish Empire, or the work of Indigenous Australians in northern Australia on sheep or cattle stations, from the mid-19th to the mid-20th century. In the latter case, workers were rarely or never paid, in late 16th century Japan, unfree labour or slavery was officially banned, but forms of contract and indentured labour persisted alongside the period penal codes forced labour. Somewhat later, the Edo period penal laws prescribed non-free labour for the family of executed criminals in Article 17 of the Gotōke reijō. The 1711 Gotōke reijō was compiled from over 600 statutes promulgated between 1597 and 1696, according to Kevin Bales, in Disposable People, New Slavery in the Global Economy, there are now an estimated 27 million slaves in the world. Convict or prison labour is another form of unfree labour. The forced labour of convicts has often been regarded with lack of sympathy, three British colonies in Australia — New South Wales, Van Diemens Land and Western Australia — provide probably the best examples of the state use of convict labour. A considerable number of Irish convicts were sentenced to transportation for treason while fighting for Irish independence from British rule, more than 165,000 convicts were transported to Australian colonies from 1788 to 1868. Most British or Irish convicts who were sentenced to transportation, however and it is estimated that in the last 50 years more than 50 million people have been sent to Chinese laogai camps. Chinas Laogai system and North Koreas Kwalliso camps are current examples, about 12 million forced labourers, most of whom were Poles and Soviet citizens, were employed in the German war economy inside Nazi Germany. Library of Congress estimates that in Java, between 4 and 10 million romusha were forced to work by the Japanese military, about 270,000 of these Javanese laborers were sent to other Japanese-held areas in South East Asia. Only 52,000 were repatriated to Java, meaning there was a death rate of 80%. Kerja rodi, was the term for forced labor in Indonesia during Dutch colonisation, the Khmer Rouge attempted to turn Cambodia into a classless society by depopulating cities and forcing the urban population into agricultural communes. The entire population was forced to become farmers in labour camps, a specific kind of truck system, in which credit advances are made against future work, is known in the U. S. as debt bondage. Many scholars have suggested that use such systems to exploit workers and/or indebt them
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Conscription
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Conscription, or drafting, is the compulsory enlistment of people in a national service, most often a military service. Conscription dates back to antiquity and continues in countries to the present day under various names. The modern system of national conscription for young men dates to the French Revolution in the 1790s. Most European nations later copied the system in peacetime, so that men at a certain age would serve 1–8 years on active duty and those conscripted may evade service, sometimes by leaving the country. As of the early 21st century, many no longer conscript soldiers. The ability to rely on such an arrangement, however, presupposes some degree of predictability with regard to both war-fighting requirements and the scope of hostilities, many states that have abolished conscription therefore still reserve the power to resume it during wartime or times of crisis. Around the reign of Hammurabi, the Babylonian Empire used a system of conscription called Ilkum, under that system those eligible were required to serve in the royal army in time of war. During times of peace they were required to provide labour for other activities of the state. In return for service, people subject to it gained the right to hold land. It is possible that this right was not to hold land per se, various forms of avoiding military service are recorded. While it was outlawed by the Code of Hammurabi, the hiring of substitutes appears to have practiced both before and after the creation of the code. Later records show that Ilkum commitments could become regularly traded, in other places, people simply left their towns to avoid their Ilkum service. Another option was to sell Ilkum lands and the commitments along with them, with the exception of a few exempted classes, this was forbidden by the Code of Hammurabi. The levies raised in this way fought as infantry under local superiors, although the exact laws varied greatly depending on the country and the period, generally these levies were only obliged to fight for one to three months. Most were subsistence farmers, and it was in everyones interest to send the men home for harvest-time, the bulk of the Anglo-Saxon English army, called the fyrd, was composed of part-time English soldiers drawn from the landowning minor nobility. These thegns were the aristocracy of the time and were required to serve with their own armour. Medieval levy in Poland was known as the pospolite ruszenie, the system of military slaves was widely used in the Middle East, beginning with the creation of the corps of Turkish slave-soldiers by the Abbasid caliph al-Mutasim in the 820s and 830s. In the middle of the 14th century, Ottoman Sultan Murad I developed personal troops to be loyal to him, the new force was built by taking Christian children from newly conquered lands, especially from the far areas of his empire, in a system known as the devşirme
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State of emergency
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A government or division of government may declare that their area is in a state of emergency. This means that the government can suspend and/or change some functions of the executive and it alerts citizens to change their normal behavior and orders government agencies to implement emergency plans. Justitium is its equivalent in Roman law, where Senate could put forward senatus consultum ultimum and it can also be used as a rationale for suspending rights and freedoms guaranteed under a countrys constitution or basic law. The procedure for and legality of doing so varies by country, under international law, rights and freedoms may be suspended during a state of emergency, for example, a government can detain persons and hold them without trial. All rights that can be derogated from are listed in the International Covenant for Civil, non-derogable rights are listed in Article 4 of the ICCPR, they include the rights to freedom from arbitrary deprivation of liberty and to freedom from torture and/or ill-treatment. Constitutions are contracts between the government and the individuals of that country. The International Covenant for Civil and Political Rights is an international law document signed by states, therefore, the Covenant only applies to persons acting in an official capacity, not private individuals. However, signatories to the Covenant are expected to integrate it into national legislation, although this is common protocol stipulated by the ICCPR often this is not strictly followed, enforcement is better regulated by European Convention of human rights. In some situations, martial law is declared, allowing the military greater authority to act. In other situations, emergency is not declared and de facto measures taken or decree-law adopted by the government. Ms. Nicole Questiaux and Mr. Article 4 to the International Covenant on Civil, the European Convention on Human Rights and American Convention on Human Rights have similar derogatory provisions. No derogation is permitted to the International Labour Conventions, some political theorists, such as Carl Schmitt, have argued that the power to decide the initiation of the state of emergency defines sovereignty itself. The state of emergency can, and often has been, abused by being invoked, an example would be to allow a state to suppress internal opposition without having to respect human rights. An example was the August 1991 attempted coup in the Soviet Union where the coup leaders invoked a state of emergency and this provision was much abused during dictatorships, with long-lasting states of siege giving the government a free hand to suppress opposition. State-of-emergency legislation differs in each state of Australia, in Victoria, the premier can declare a state of emergency if there is a threat to employment, safety or public order. The declaration expires after 30 days, and a resolution of either the upper or lower House of Parliament may revoke it earlier, under the Public Safety Preservation Act, a declared state of emergency allows the premier to immediately make any desired regulations to secure public order and safety. However, these regulations expire if Parliament does not agree to them within 7 days. Also, under the Essential Services Act, the premier may operate or prohibit operation of, as desired, a State of Emergency does not apply to the whole state, but rather districts or shires, where essential services may have been disrupted
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Liberty
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Liberty, in philosophy, involves free will as contrasted with determinism. In politics, liberty consists of the social and political freedoms to all community members are entitled. In theology, liberty is freedom from the effects of sin, spiritual servitude, as such, the exercise of liberty is subject to capability and limited by the rights of others. Philosophers from earliest times have considered the question of liberty, according to Thomas Hobbes, a free man is he that in those things which by his strength and wit he is able to do is not hindered to do what he hath the will to do. John Locke rejected that definition of liberty, while not specifically mentioning Hobbes, he attacks Sir Robert Filmer who had the same definition. According to Locke, In the state of nature, liberty consists of being free from any power on Earth. People are not under the will or lawmaking authority of others but have only the law of nature for their rule, in political society, liberty consists of being under no other lawmaking power except that established by consent in the commonwealth. People are free from the dominion of any will or legal restraint apart from that enacted by their own constituted lawmaking power according to the trust put in it. Thus, freedom is not as Sir Robert Filmer defines it, A liberty for everyone to do what he likes, to live as he pleases, freedom is constrained by laws in both the state of nature and political society. Freedom of nature is to be no other restraint but the law of nature. Freedom of people under government is to be under no restraint apart from standing rules to live by that are common to everyone in the society and made by the lawmaking power established in it. Persons have a right or liberty to follow their own will in all things that the law has not prohibited and not be subject to the inconstant, uncertain, unknown, and arbitrary wills of others. John Stuart Mill, in his work, On Liberty, was the first to recognize the difference between liberty as the freedom to act and liberty as the absence of coercion, the modern concept of political liberty has its origins in the Greek concepts of freedom and slavery. To be free, to the Greeks, was to not have a master and that was the original Greek concept of freedom. It is closely linked with the concept of democracy, as Aristotle put it, This, another is that a man should live as he likes. This, they say, is the privilege of a freeman, since, on the other hand and this applied only to free men. In Athens, for instance, women could not vote or hold office and were legally and socially dependent on a male relative, the populations of the Persian Empire enjoyed some degree of freedom. Citizens of all religions and ethnic groups were given the rights and had the same freedom of religion, women had the same rights as men
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