1.
Latin
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Latin is a classical language belonging to the Italic branch of the Indo-European languages. The Latin alphabet is derived from the Etruscan and Greek alphabets, Latin was originally spoken in Latium, in the Italian Peninsula. Through the power of the Roman Republic, it became the dominant language, Vulgar Latin developed into the Romance languages, such as Italian, Portuguese, Spanish, French, and Romanian. Latin, Italian and French have contributed many words to the English language, Latin and Ancient Greek roots are used in theology, biology, and medicine. By the late Roman Republic, Old Latin had been standardised into Classical Latin, Vulgar Latin was the colloquial form spoken during the same time and attested in inscriptions and the works of comic playwrights like Plautus and Terence. Late Latin is the language from the 3rd century. Later, Early Modern Latin and Modern Latin evolved, Latin was used as the language of international communication, scholarship, and science until well into the 18th century, when it began to be supplanted by vernaculars. Ecclesiastical Latin remains the language of the Holy See and the Roman Rite of the Catholic Church. Today, many students, scholars and members of the Catholic clergy speak Latin fluently and it is taught in primary, secondary and postsecondary educational institutions around the world. The language has been passed down through various forms, some inscriptions have been published in an internationally agreed, monumental, multivolume series, the Corpus Inscriptionum Latinarum. Authors and publishers vary, but the format is about the same, volumes detailing inscriptions with a critical apparatus stating the provenance, the reading and interpretation of these inscriptions is the subject matter of the field of epigraphy. The works of several hundred ancient authors who wrote in Latin have survived in whole or in part and they are in part the subject matter of the field of classics. The Cat in the Hat, and a book of fairy tales, additional resources include phrasebooks and resources for rendering everyday phrases and concepts into Latin, such as Meissners Latin Phrasebook. The Latin influence in English has been significant at all stages of its insular development. From the 16th to the 18th centuries, English writers cobbled together huge numbers of new words from Latin and Greek words, dubbed inkhorn terms, as if they had spilled from a pot of ink. Many of these words were used once by the author and then forgotten, many of the most common polysyllabic English words are of Latin origin through the medium of Old French. Romance words make respectively 59%, 20% and 14% of English, German and those figures can rise dramatically when only non-compound and non-derived words are included. Accordingly, Romance words make roughly 35% of the vocabulary of Dutch, Roman engineering had the same effect on scientific terminology as a whole
2.
Federation
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A federation is a political entity characterized by a union of partially self-governing states or regions under a central government. The governmental or constitutional structure found in a federation is known as federalism and it can be considered the opposite of another system, the unitary state. Federations are often multiethnic and cover an area of territory. The initial agreements create a stability that encourages other common interests, at some time, that is recognized and a movement is organized to merge more closely. At other times, especially when common cultural factors are at such as ethnicity and language. The Old Swiss Confederacy was an example of formal non-unitary statehood. Several colonies and dominions in the New World consisted of autonomous provinces, the oldest continuous federation, and a role model for many subsequent federations, is the United States. Some of the New World federations failed, the Federal Republic of Central America broke up into independent states ten years after its founding, others, such as Argentina and Mexico, have shifted between federal, confederal, and unitary systems, before settling into federalism. Brazil became a federation only after the fall of the monarchy, australia and Canada are also federations. Germany is another nation-state that has switched between confederal, federal and unitary rules, since the German Confederation was founded in 1815, the North German Confederation, the succeeding German Empire and the Weimar Republic were federations. The Russian Federation has inherited a similar system, Nigeria, Pakistan, India and Malaysia became federations on or shortly before becoming independent from the British Empire. In some recent cases, federations have been instituted as a measure to handle ethnic conflict within a state, such as Bosnia and Herzegovina, and Iraq since 2005. The component states are in some sense sovereign, insofar as certain powers are reserved to them that may not be exercised by the central government, however, a federation is more than a mere loose alliance of independent states. The component states of a federation usually possess no powers in relation to foreign policy, however, German Länder have that power, which is beginning to be exercised on a European level. Some federations are called asymmetric because some states have more autonomy than others, an example of such a federation is Malaysia, in which Sarawak and Sabah agreed to form the federation on different terms and conditions from the states of Peninsular Malaysia. A federation often emerges from an agreement between a number of separate states. The purpose can be the will to solve problems and to provide for mutual defense or to create a nation state for an ethnicity spread over several states. The former was the case with the United States and Switzerland, however, as the histories of countries and nations vary, the federalist system of a state can be quite different from these models
3.
International law
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Public international law concerns the structure and conduct of sovereign states, analogous entities, such as the Holy See, and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, the field of study combines two main branches, the law of nations and international agreements and conventions. The Italian jurist Sir Alberico Gentili was the first to write on public international law and it is usually distinguished from private international law, which concerns the resolution of conflict of laws. The concept of nationalism became increasingly important as people began to see themselves as citizens of a nation with a distinct national identity. Men who take up arms against one another in public war do not cease on this account to be moral beings, responsible to one another and it does not admit of the use of poison in any way, nor of the wanton devastation of a district. It admits of deception, but disclaims acts of perfidy, and, in general, because international law is a relatively new area of law its development and propriety in applicable areas are often subject to dispute. Under article 38 of the Statute of the International Court of Justice, in addition, judicial decisions and teachings may be applied as subsidiary means for the determination of rules of law. International treaty law comprises obligations states expressly and voluntarily accept between themselves in treaties, customary international law is derived from the consistent practice of States accompanied by opinio juris, i. e. the conviction of States that the consistent practice is required by a legal obligation. Judgments of international tribunals as well as scholarly works have traditionally looked to as persuasive sources for custom in addition to direct evidence of state behavior. Attempts to codify customary international law picked up momentum after the Second World War with the formation of the International Law Commission, codified customary law is made the binding interpretation of the underlying custom by agreement through treaty. For states not party to treaties, the work of the ILC may still be accepted as custom applying to those states. General principles of law are commonly recognized by the major legal systems of the world. Certain norms of international law achieve the binding force of peremptory norms as to all states with no permissible derogations. Colombia v Perú ICJ6, recognising custom as a source of international law, belgium v Spain ICJ1, only the state where a corporation is incorporated has standing to bring an action for damages for economic loss. Where there are disputes about the meaning and application of national laws. The subjective approach, which takes into consideration i. the idea behind the treaty, ii. treaties in their context, what the writers intended when they wrote the text. A third approach, which bases itself on interpretation in the light of its object and purpose, i. e. the interpretation that best suits the goal of the treaty and these are general rules of interpretation, specific rules might exist in specific areas of international law. Greece v United Kingdom ICJ1, ICJ had no jurisdiction to hear a dispute between the UK government and a private Greek businessman under the terms of a treaty
4.
Constitutional law
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Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary. Not all nation states have codified constitutions, though all such states have a jus commune, or law of the land and these may include customary law, conventions, statutory law, judge-made law, or international rules and norms. Constitutional law deals with the principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax, other times, constitutional principles act to place limits on what the government can do, such as prohibiting the arrest of an individual without sufficient cause. In most nations, including the United States, constitutional law is based on the text of a document ratified at the time the nation came into being, Constitutional laws may often be considered second order rule making or rules about making rules to exercise power. It governs the relationships between the judiciary, the legislature and the executive with the bodies under its authority, one of the key tasks of constitutions within this context is to indicate hierarchies and relationships of power. Human rights or civil liberties form a part of a countrys constitution. Most jurisdictions, like the United States and France, have a codified constitution, a recent example is the Charter of Fundamental Rights of the European Union which was intended to be included in the Treaty establishing a Constitution for Europe, that failed to be ratified. Perhaps the most important example is the Universal Declaration of Human Rights under the UN Charter and these are intended to ensure basic political, social and economic standards that a nation state, or intergovernmental body is obliged to provide to its citizens but many do include its governments. Some countries like the United Kingdom have no entrenched document setting out fundamental rights, in those jurisdictions the constitution is composed of statute, case law, a case named Entick v. Carrington is a constitutional principle deriving from the common law. John Enticks house was searched and ransacked by Sherriff Carrington, Carrington argued that a warrant from a Government minister, the Earl of Halifax was valid authority, even though there was no statutory provision or court order for it. The court, led by Lord Camden stated that, The great end and that right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. By the laws of England, every invasion of private property, if no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment. The commonwealth and the civil law jurisdictions do not share the same constitutional law underpinnings, another main function of constitutions may be to describe the procedure by which parliaments may legislate. For instance, special majorities may be required to alter the constitution, in bicameral legislatures, there may be a process laid out for second or third readings of bills before a new law can enter into force. Alternatively, there may further be requirements for maximum terms that a government can keep power before holding an election, Constitutional law is a major focus of legal studies and research. The doctrine of the rule of law dictates that government must be conducted according to law and this was first established by British legal theorist A. V. Dicey. Dicey’s rule of law formula consists of three classic tenets, the first is that the regular law is supreme over arbitrary and discretionary powers
5.
Legislature
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A legislature is a deliberative assembly with the authority to make laws for a political entity such as a country or city. Legislatures form important parts of most governments, in the separation of model, they are often contrasted with the executive. Laws enacted by legislatures are known as legislation, legislatures observe and steer governing actions and usually have exclusive authority to amend the budget or budgets involved in the process. The members of a legislature are called legislators, each chamber of legislature consists of a number of legislators who use some form of parliamentary procedure to debate political issues and vote on proposed legislation. There must be a number of legislators present to carry out these activities. Some of the responsibilities of a legislature, such as giving first consideration to newly proposed legislation, are delegated to committees made up of small selections of the legislators. The members of a legislature usually represent different political parties, the members from each party generally meet as a caucus to organize their internal affairs, the internal organization of a legislature is also shaped by the informal norms that are shared by its members. Legislatures vary widely in the amount of power they wield, compared to other political players such as judiciaries, militaries. In 2009, political scientists M. Steven Fish and Matthew Kroenig constructed a Parliamentary Powers Index in an attempt to quantify the different degrees of power among national legislatures, such a system renders the legislature more powerful. Legislatures will sometime delegate their legislative power to administrative or executive agencies, legislatures are made up of individual members, known as legislators, who vote on proposed laws. For example, a legislature that has 100 seats has 100 members, by extension, an electoral district that elects a single legislator can also be described as a seat, as, for, example, in the phrases safe seat and marginal seat. In parliamentary systems of government, the executive is responsible to the legislature which may remove it with a vote of no confidence, names for national legislatures include parliament, congress, diet and assembly. A legislature which operates as a unit is unicameral, one divided into two chambers is bicameral, and one divided into three chambers is tricameral. In bicameral legislatures, one chamber is considered the upper house. In federations, the upper house typically represents the component states. This is a case with the legislature of the European Union. Tricameral legislatures are rare, the Massachusetts Governors Council still exists, tetracameral legislatures no longer exist, but they were previously used in Scandinavia. Legislatures vary widely in their size, among national legislatures, Chinas National Peoples Congress is the largest with 2987 members, while Vatican Citys Pontifical Commission is the smallest with 7
6.
Government
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A government is the system by which a state or community is controlled. In the Commonwealth of Nations, the government is also used more narrowly to refer to the collective group of people that exercises executive authority in a state. This usage is analogous to what is called an administration in American English, finally, government is also sometimes used in English as a synonym for governance. In the case of its broad definition, government normally consists of legislators, administrators. Government is the means by which state policy is enforced, as well as the mechanism for determining the policy of the state. A form of government, or form of governance, refers to the set of political systems. Government of any kind currently affects every human activity in many important ways, in political science, it has long been a goal to create a typology or taxonomy of polities. as typologies of political systems are not obvious. It is especially important in the science fields of comparative politics. On the surface, identifying a form of government appears to be simple, the United States is a constitutional republic, while the former Soviet Union was a socialist republic. However self-identification is not objective, and as Kopstein and Lichbach argue, for example, elections are a defining characteristic of an electoral democracy, but in practice elections in the former Soviet Union were not free and fair and took place in a one-party state. Voltaire argued that the Holy Roman Empire is neither Holy, nor Roman, many governments that officially call themselves a democratic republic are not democratic, nor a republic, they are usually a dictatorship de facto. Communist dictatorships have been prone to use this term. For example, the name of North Vietnam was The Democratic Republic of Vietnam. China uses a variant, The Peoples Republic of China, thus in many practical classifications it would not be considered democratic. Experience with those movements in power, and the ties they may have to particular forms of government. For example, The meaning of conservatism in the United States has little in common with the way the words definition is used elsewhere, as Ribuffo notes, what Americans now call conservatism much of the world calls liberalism or neoliberalism. Since the 1950s conservatism in the United States has been associated with the Republican Party. However, during the era of segregation many Southern Democrats were conservatives, values are sorted from 1–100 based on level of democracy and political accountability
7.
Society
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In the social sciences, a larger society often evinces stratification or dominance patterns in subgroups. A society can also consist of like-minded people governed by their own norms and values within a dominant and this is sometimes referred to as a subculture, a term used extensively within criminology. The term society came from the Latin word societas, which in turn was derived from the noun used to describe a bond or interaction between parties that are friendly, or at least civil. Without an article, the term can refer to the entirety of humanity, Society, in general, addresses the fact that an individual has rather limited means as an autonomous unit. Cultural relativism as an approach or ethic has largely replaced notions of primitive, better/worse. Societies may also be structured politically, in order of increasing size and complexity, there are bands, tribes, chiefdoms, and state societies. These structures may have varying degrees of power, depending on the cultural, geographical. Thus, an isolated society with the same level of technology. A society that is unable to offer a response to other societies it competes with will usually be subsumed into the culture of the competing society. Sociologist Peter L. Berger defines society as. a human product, and nothing but a human product, according to him, society was created by humans but this creation turns back and creates or molds humans every day. This is similar to the earlier developed by anthropologists Morton H. This system of classification contains four categories, Hunter-gatherer bands, tribal societies in which there are some limited instances of social rank and prestige. Civilizations, with complex social hierarchies and organized, institutional governments, in addition to this there are, Humanity, mankind, upon which rest all the elements of society, including societys beliefs. Virtual society, a society based on identity, which is evolving in the information age. Over time, some cultures have progressed toward more complex forms of organization and this cultural evolution has a profound effect on patterns of community. Hunter-gatherer tribes settled around seasonal food stocks to become agrarian villages, villages grew to become towns and cities. Cities turned into city-states and nation-states, many societies distribute largess at the behest of some individual or some larger group of people. This type of generosity can be seen in all cultures, typically
8.
Supranational union
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A supranational union is a type of multinational political union where negotiated power is delegated to an authority by governments of member states. The concept of union is sometimes used to describe the European Union. The EU is the entity which provides for international popular elections. The term supranational is used in a loose, undefined sense in other contexts. Another method of decision-making in international organisations is intergovernmentalism, in state governments play a more prominent role. He thought this might begin with the United States, Great Britain, and the Soviet Union and he broached the idea in a November 1945 and November 1947 articles in The Atlantic Monthly that described how the constitution of such an organization might be written. In an April 1948 address at Carnegie Hall, he reiterated, There is only one path to peace and security, the term supranational occurs in an international treaty for the first time in the Treaty of Paris,18 April 1951. This new legal term defined the Community method in creating the European Coal and Steel Community and it defines the relationship between the High Authority or European Commission and the other four institutions. In the treaty, it relates to a new democratic and legal concept, the Founding Fathers of the European Community and the present European Union said that supranationalism was the cornerstone of the governmental system. This is enshrined in the Europe Declaration made on 18 April 1951 and this Europe remains open to all nations. We profoundly hope that other nations will join us in our common endeavour and it was made to recall future generations to their historic duty of uniting Europe based on liberty and democracy under the rule of law. Thus, they viewed the creation of a wider and deeper Europe as intimately bound to the development of the supranational or Community system. This Europe was open to all nations who were free to decide, a supranational union is a supranational polity which lies somewhere between a confederation that is an association of States and a federation that is a state. The EU has supranational competences, but it possesses these competences only to the extent that they are conferred on it by its member states. Within the scope of competences, the union exercises its powers in a sovereign manner, having its own legislative, executive. The supranational Community also has a chamber for organised civil society including economic and social associations, unlike states in a federal super-state, member states retain ultimate sovereignty, although some sovereignty is shared with, or ceded to, the supranational body. Supranational agreements encourage stability and trust, because governments cannot break international accords at a whim, the supranational action may be time-limited. This was the case with the European Coal and Steel Community, supranational accords may be permanent, such as an agreement to outlaw war between the partners
9.
Arbitration
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Arbitration, a form of alternative dispute resolution, is a technique for the resolution of disputes outside the courts. The parties to a dispute refer it to arbitration by one or more persons, a third party reviews the evidence in the case and imposes a decision that is legally binding on both sides and enforceable in the courts. Arbitration is often used for the resolution of disputes, particularly in the context of international commercial transactions. Arbitration can be voluntary or mandatory and can be either binding or non-binding. Non-binding arbitration is similar to mediation in that a decision cannot be imposed on the parties, by one definition arbitration is binding and non-binding arbitration is therefore technically not arbitration. Arbitration is a proceeding in which a dispute is resolved by an impartial adjudicator whose decision the parties to the dispute have agreed, or legislation has decreed, will be final, there are limited rights of review and appeal of arbitration awards. This is especially useful when the matter of the dispute is highly technical. Arbitration is often faster than litigation in court, because of the provisions of the New York Convention 1958, arbitration awards are generally easier to enforce in other nations than court verdicts. In most legal systems there are very limited avenues for appeal of an arbitral award, if the arbitration is mandatory and binding, the parties waive their rights to access the courts and to have a judge or jury decide the case. Although usually thought to be speedier, when there are multiple arbitrators on the panel, discovery may be more limited in arbitration or entirely nonexistent. The potential to generate billings by attorneys may be less than pursuing the dispute through trial, unlike court judgments, arbitration awards themselves are not directly enforceable. A party seeking to enforce an arbitration award must resort to judicial remedies, by their nature, the subject matter of some disputes is not capable of arbitration. For example, until the 1980s, antitrust matters were not arbitrable in the United States. Matters relating to crimes, status and family law are not considered to be arbitrable. However, most other disputes that involve private rights between two parties can be resolved using arbitration, in some disputes, parts of claims may be arbitrable and other parts not. Some legal orders exclude or restrict the possibility of arbitration for reasons of the protection of members of the public. Arbitration agreements are generally divided into two types, Agreements which provide that, if a dispute should arise, it will be resolved by arbitration, sometimes, legal significance attaches to the type of arbitration agreement. For example, in certain Commonwealth countries, it is possible to provide each party should bear their own costs in a conventional arbitration clause
10.
Mediation
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All participants in mediation are encouraged to actively participate in the process. Mediation is a process in that it is focused primarily upon the needs, rights. The mediator uses a variety of techniques to guide the process in a constructive direction. A mediator is facilitative in that s/he manages the interaction between parties and facilitates open communication, Mediation is also evaluative in that the mediator analyzes issues and relevant norms, while refraining from providing prescriptive advice to the parties. Mediation, as used in law, is a form of dispute resolution. Typically, a party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community, the term mediation broadly refers to any instance in which a third party helps others reach agreement. More specifically, mediation has a structure, timetable and dynamics that ordinary negotiation lacks, the process is private and confidential, possibly enforced by law. The mediator acts as a third party and facilitates rather than directs the process. Mediation is becoming a peaceful and internationally accepted solution in order to end conflict. Mediation can be used to resolve disputes of any magnitude, Mediators use various techniques to open, or improve, dialogue and empathy between disputants, aiming to help the parties reach an agreement. Much depends on the skill and training. As the practice gained popularity, training programs, certifications and licensing followed, producing trained, while a case in the hands of a lawyer or a court may take months or years to resolve, mediation usually achieves a resolution in a matter of hours. Taking less time means expending less money on hourly fees and costs, confidentiality While court hearings are public, mediation remains strictly confidential. No one but the parties to the dispute and the mediator or mediators know what happened, confidentiality in mediation has such importance that in most cases the legal system cannot force a mediator to testify in court as to the content or progress of mediation. Many mediators destroy their notes taken during a mediation once that mediation has finished, the only exceptions to such strict confidentiality usually involve child abuse or actual or threatened criminal acts. Control Mediation increases the control the parties have over the resolution, in a court case, the parties obtain a resolution, but control resides with the judge or jury. Often, a judge or jury cannot legally provide solutions that emerge in mediation, thus, mediation is more likely to produce a result that is mutually agreeable for the parties
11.
Country
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A country is a region that is identified as a distinct national entity in political geography. Sometimes the word countries is used to both to sovereign states and to other political entities, while other times it refers only to states. The word country comes from Old French contrée, itself derived from Vulgar Latin contrata and it most likely entered the English language after the Franco-Norman invasion during the 11th century. Areas much smaller than a state may be called by names such as the West Country in England, the Black Country, Constable Country. In many European countries the words are used for sub-divisions of the territory, as in the German Bundesländer. The modern Italian contrada is a word with its meaning varying locally, the term country is frequently used to refer to sovereign states. There is no agreement on the number of countries in the world. There are 206 sovereign states, of which 193 states are members of the United Nations, all are defined as states by declarative theory of statehood and constitutive theory of statehood. The latest proclaimed state is South Sudan in 2011, the Kingdom of Denmark, a sovereign state, comprises Metropolitan Denmark and two nominally separate countries—the Faroe Islands, and Greenland—which are almost fully internally self-governing. The Kingdom of the Netherlands, a state, comprises four separate countries, Netherlands, Aruba, Curaçao. The degree of autonomy of non-sovereign countries varies widely, some are possessions of sovereign states, as several states have overseas territories, with citizenry at times identical and at times distinct from their own
12.
Sovereignty
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Sovereignty is understood in jurisprudence as the full right and power of a governing body to govern itself without any interference from outside sources or bodies. In political theory, sovereignty is a term designating supreme authority over some polity. It is a basic principle underlying the dominant Westphalian model of state foundation, derived from Latin through French souveraineté, its attainment and retention, in both Chinese and Western culture, has traditionally been associated with certain moral imperatives upon any claimant. The concept of sovereignty has been discussed throughout history, and is still actively debated and it has changed in its definition, concept, and application throughout, especially during the Age of Enlightenment. The current notion of state sovereignty contains four aspects consisting of territory, population, authority, Sovereignty is a hypothetical trade, in which two potentially conflicting sides, respecting de facto realities of power, exchange such recognitions as their least costly strategy. The Roman jurist Ulpian observed that, The imperium of the people is transferred to the Emperor, the Emperor is not bound by the law. Emperor is the law making and abiding force, Ulpian was expressing the idea that the Emperor exercised a rather absolute form of sovereignty, although he did not use the term expressly. Classical Ulpians statements were known in medieval Europe, but sovereignty was an important concept in medieval times, Medieval monarchs were not sovereign, at least not strongly so, because they were constrained by, and shared power with, their feudal aristocracy. Furthermore, both were strongly constrained by custom, Sovereignty existed during the Medieval Period as the de jure rights of nobility and royalty, and in the de facto capability of individuals to make their own choices in life. 1380–1400, the issue of sovereignty was addressed in Geoffrey Chaucers Middle English collection of Canterbury Tales. The story revolves around the knight Sir Gawain granting to Dame Ragnell, his new bride, what is purported to be wanted most by women and we desire most from men, From men both lund and poor, To have sovereignty without lies. For where we have sovereignty, all is ours, Though a knight be ever so fierce and it is our desire to have master Over such a sir. Jean Bodin, partly in reaction to the chaos of the French wars of religion, in his 1576 treatise Les Six Livres de la République Bodin argued that it is inherent in the nature of the state that the sovereign must have both great and perpetual authority. Bodin rejected the notion of transference of sovereignty from people to the ruler, however, although he is often connected with absolutism, Bodin held some moderate opinions on how government should in practice be carried out. Thus, Bodin’s sovereign was restricted by the law of the state. Bodin believed that “the most divine, most excellent, and the form most proper to royalty is governed partly aristocratically and partly democratically”. With his doctrine that sovereignty is conferred by law, Bodin predefined the scope of the divine right of kings. During the Age of Enlightenment, the idea of sovereignty gained both legal and moral force as the main Western description of the meaning and power of a State
13.
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
14.
International Criminal Court
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The International Criminal Court is an intergovernmental organization and international tribunal that sits in The Hague in the Netherlands. The ICC has the jurisdiction to prosecute individuals for the crimes of genocide, crimes against humanity. The ICC began functioning on 1 July 2002, the date that the Rome Statute entered into force, the Rome Statute is a multilateral treaty which serves as the ICCs foundational and governing document. States which become party to the Rome Statute, for example by ratifying it, currently, there are 124 states which are party to the Rome Statute and therefore members of the ICC. However, Burundi has given notice that it will withdraw from the Rome Statute. The ICC has four organs, the Presidency, the Judicial Divisions, the Office of the Prosecutor. The President is the most senior judge chosen by his or her peers in the Judicial Division, the Office of the Prosecutor is headed by the Prosecutor who investigates crimes and initiates proceedings before the Judicial Division. The Registry is headed by the Registrar and is charged with managing all the functions of the ICC, including the headquarters, detention unit. The Office of the Prosecutor has opened ten official investigations and is conducting an additional nine preliminary examinations. The convention was signed by 13 states, but none ratified it, following the Second World War, the allied powers established two ad hoc tribunals to prosecute axis power leaders accused of war crimes. The International Military Tribunal, which sat in Nuremberg, prosecuted German leaders while the International Military Tribunal for the Far East in Tokyo prosecuted Japanese leaders. In 1948 the United Nations General Assembly first recognised the need for a permanent international court to deal with atrocities of the kind prosecuted after the Second World War. In his first book published in 1975, entitled Defining International Aggression, The Search for World Peace, following Trinidad and Tobagos proposal, the General Assembly tasked the ILC with once again drafting a statute for a permanent court. While work began on the draft, the United Nations Security Council established two ad hoc tribunals in the early 1990s, the creation of these tribunals further highlighted the need for a permanent international criminal court. To consider major substantive issues in the statute, the General Assembly established the Ad Hoc Committee on the Establishment of an International Criminal Court. After considering the Committees report, the General Assembly created the Preparatory Committee on the Establishment of the ICC to prepare a draft text. Finally the General Assembly convened a conference in Rome in June 1998, on 17 July 1998, the Rome Statute of the International Criminal Court was adopted by a vote of 120 to 7, with 21 countries abstaining. The seven countries that voted against the treaty were China, Iraq, Israel, Libya, Qatar, the United States, following 60 ratifications, the Rome Statute entered into force on 1 July 2002 and the International Criminal Court was formally established
15.
Universal jurisdiction
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Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. Universal jurisdiction risks creating universal tyranny – that of judges, from these premises, representing the Enlightenment belief in trans-territorial, trans-cultural standards of right and wrong, derives universal jurisdiction. Perhaps the most notable and influential precedent for universal jurisdiction were the mid-20th century Nuremberg Trials, U. S. Justice Robert H. Indeed, one charge was Nazi law itself became a crime, law distorted into a bludgeon of oppression. The Nuremberg trials supposed universal standards by which one nations laws, and acts of its officials, can be judged, on the other hand, even at the time the Nuremberg trials appeared to be victors justice, revenge papered over with legal simulcra. US Supreme Court Chief Justice Harlan Fiske Stone remarked that his colleague Justice Jackson acting as Nuremberg Chief prosecutor was conducting his high-grade lynching party in Nuremberg. I dont mind what he does to the Nazis, but I hate to see the pretense that he is running a court and this is a little too sanctimonious a fraud to meet my old-fashioned ideas. Kenneth Roth, the director of Human Rights Watch, argues that universal jurisdiction allowed Israel to try Adolf Eichmann in Jerusalem in 1961. Universal jurisdiction differs from a states prosecuting crimes under its own laws, States attempting to police acts committed by foreign nationals on foreign territory tends to be more controversial, than a state prosecuting its own citizens. The Indian Information Technology Act 2000 largely supports the extraterritoriality of the said Act, the law states that a contravention of the Act that affects any computer or computer network situated in India will be punishable by India – irrespective of the culprit’s location and nationality. Also relatively non-controversial is the ability of a state to try its own nationals for crimes committed abroad, France and some other nations will refuse to extradite their own citizens as a matter of law, but will instead try them on their own territory for crimes committed abroad. More controversial is the exercise of jurisdiction where the victim of the crime is a national of the state exercising jurisdiction. In the past some states have claimed this jurisdiction, while others have strongly opposed to it (e. g. the United States. Argentinian Alfredo Astizs sentence is part of this juridical frame and this has only happened with Darfur and Libya. The International Criminal Tribunal for the Former Yugoslavia investigates war crimes took place in the Balkans in the 1990s. Universal jurisdiction may be asserted by a nation as well as by an international tribunal. These states include, Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Israel, Mexico, Netherlands, Senegal, Spain, Switzerland, the United Kingdom and the United States. In addition, it is now recognized that states, even those that are not states parties to these treaties. Examples of particular states invoking universal jurisdiction are Israels prosecution of Eichmann in 1961, bush cancelled his trip to Switzerland after news of the planned prosecution came to light
16.
International organization
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An international organization is an organization with an international membership, scope, or presence. There are two types, International nongovernmental organizations, non-governmental organizations that operate internationally. The UN has used the term intergovernmental organization instead of organization for clarity. The first and oldest intergovernmental organization is the Central Commission for Navigation on the Rhine, International organizations also define the salient issues and decide which issues can be grouped together, thus help governmental priority determination or other governmental arrangements
17.
United Nations
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The United Nations is an intergovernmental organization to promote international co-operation. A replacement for the ineffective League of Nations, the organization was established on 24 October 1945 after World War II in order to prevent another such conflict, at its founding, the UN had 51 member states, there are now 193. The headquarters of the UN is in Manhattan, New York City, further main offices are situated in Geneva, Nairobi, and Vienna. The organization is financed by assessed and voluntary contributions from its member states, the UNs mission to preserve world peace was complicated in its early decades by the Cold War between the US and Soviet Union and their respective allies. The organization participated in actions in Korea and the Congo. After the end of the Cold War, the UN took on major military, the UN has six principal organs, the General Assembly, the Security Council, the Economic and Social Council, the Secretariat, the International Court of Justice, and the UN Trusteeship Council. UN System agencies include the World Bank Group, the World Health Organization, the World Food Programme, UNESCO, the UNs most prominent officer is the Secretary-General, an office held by Portuguese António Guterres since 2017. Non-governmental organizations may be granted consultative status with ECOSOC and other agencies to participate in the UNs work, the organization won the Nobel Peace Prize in 2001, and a number of its officers and agencies have also been awarded the prize. Other evaluations of the UNs effectiveness have been mixed, some commentators believe the organization to be an important force for peace and human development, while others have called the organization ineffective, corrupt, or biased. Following the catastrophic loss of life in the First World War, the earliest concrete plan for a new world organization began under the aegis of the US State Department in 1939. It incorporated Soviet suggestions, but left no role for France, four Policemen was coined to refer to four major Allied countries, United States, United Kingdom, Soviet Union, and China, which emerged in the Declaration by United Nations. Roosevelt first coined the term United Nations to describe the Allied countries, the term United Nations was first officially used when 26 governments signed this Declaration. One major change from the Atlantic Charter was the addition of a provision for religious freedom, by 1 March 1945,21 additional states had signed. Each Government pledges itself to cooperate with the Governments signatory hereto, the foregoing declaration may be adhered to by other nations which are, or which may be, rendering material assistance and contributions in the struggle for victory over Hitlerism. During the war, the United Nations became the term for the Allies. To join, countries had to sign the Declaration and declare war on the Axis, at the later meetings, Lord Halifax deputized for Mr. Eden, Wellington Koo for T. V. Soong, and Mr Gromyko for Mr. Molotov. The first meetings of the General Assembly, with 51 nations represented, the General Assembly selected New York City as the site for the headquarters of the UN, and the facility was completed in 1952. Its site—like UN headquarters buildings in Geneva, Vienna, and Nairobi—is designated as international territory, the Norwegian Foreign Minister, Trygve Lie, was elected as the first UN Secretary-General
18.
International Court of Justice
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The International Court of Justice is the primary judicial branch of the United Nations. Established in 1945 by the UN Charter, the Court began work in 1946 as the successor to the Permanent Court of International Justice, the Statute of the International Court of Justice, similar to that of its predecessor, is the main constitutional document constituting and regulating the Court. The Courts workload covers a range of judicial activity. Chapter XIV of the United Nations Charter authorizes the UN Security Council to enforce Court rulings, however, such enforcement is subject to the veto power of the five permanent members of the Council, which the United States used in the Nicaragua case. The election process is set out in Articles 4–19 of the ICJ statute, elections are staggered, with five judges elected every three years to ensure continuity within the court. Should a judge die in office, the practice has generally been to elect a judge in an election to complete the term. No two judges may be nationals of the same country, according to Article 9, the membership of the Court is supposed to represent the main forms of civilization and of the principal legal systems of the world. Essentially, that has meant common law, civil law and socialist law, the exception was China, which did not have a judge on the Court from 1967 to 1985 because it did not put forward a candidate. Judicial independence is dealt with specifically in Articles 16–18, judges of the ICJ are not able to hold any other post or act as counsel. A judge can be dismissed only by a vote of the other members of the Court. Despite these provisions, the independence of ICJ judges has been questioned, judges may deliver joint judgments or give their own separate opinions. Judges may also deliver separate dissenting opinions, Article 31 of the statute sets out a procedure whereby ad hoc judges sit on contentious cases before the Court. The system allows any party to a case if it otherwise does not have one of that partys nationals sitting on the Court to select one additional person to sit as a judge on that case only. It is thus possible that as many as seventeen judges may sit on one case, the system may seem strange when compared with domestic court processes, but its purpose is to encourage states to submit cases. Although this system does not sit well with the nature of the body. Ad hoc judges usually vote in favor of the state that appointed them, generally, the Court sits as full bench, but in the last fifteen years, it has on occasion sat as a chamber. Articles 26–29 of the statute allow the Court to form smaller chambers, usually 3 or 5 judges, Two types of chambers are contemplated by Article 26, firstly, chambers for special categories of cases, and second, the formation of ad hoc chambers to hear particular disputes. In 1993, a chamber was established, under Article 26 of the ICJ statute
19.
World Trade Organization
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The World Trade Organization is an intergovernmental organization which regulates international trade. The WTO officially commenced on 1 January 1995 under the Marrakesh Agreement, signed by 123 nations on 15 April 1994, replacing the General Agreement on Tariffs and Trade, most of the issues that the WTO focuses on derive from previous trade negotiations, especially from the Uruguay Round. The WTO is attempting to complete negotiations on the Doha Development Round, as of June 2012, the future of the Doha Round remained uncertain, the work programme lists 21 subjects in which the original deadline of 1 January 2005 was missed, and the round is still incomplete. This impasse has made it impossible to launch new WTO negotiations beyond the Doha Development Round, as a result, there have been an increasing number of bilateral free trade agreements between governments. As of July 2012, there were various groups in the WTO system for the current agricultural trade negotiation which is in the condition of stalemate. The WTOs current Director-General is Roberto Azevêdo, who leads a staff of over 600 people in Geneva, a trade facilitation agreement, part of the Bali Package of decisions, was agreed by all members on 7 December 2013, the first comprehensive agreement in the organizations history. Seven rounds of negotiations occurred under GATT, the first real GATT trade rounds concentrated on further reducing tariffs. Then, the Kennedy Round in the mid-sixties brought about a GATT anti-dumping Agreement, because these plurilateral agreements were not accepted by the full GATT membership, they were often informally called codes. Several of these codes were amended in the Uruguay Round, only four remained plurilateral, but in 1997 WTO members agreed to terminate the bovine meat and dairy agreements, leaving only two. Well before GATTs 40th anniversary, its members concluded that the GATT system was straining to adapt to a new globalizing world economy. In response to the problems identified in the 1982 Ministerial Declaration, the GATT still exists as the WTOs umbrella treaty for trade in goods, updated as a result of the Uruguay Round negotiations. GATT1994 is not however the only legally binding agreement included via the Final Act at Marrakesh, the highest decision-making body of the WTO is the Ministerial Conference, which usually meets every two years. It brings together all members of the WTO, all of which are countries or customs unions, the Ministerial Conference can take decisions on all matters under any of the multilateral trade agreements. When agricultural export subsidies were agreed to be phased out and adoption of the European Unions Everything, the WTO launched the current round of negotiations, the Doha Development Round, at the fourth ministerial conference in Doha, Qatar in November 2001. This was to be an effort to make globalization more inclusive and help the worlds poor, particularly by slashing barriers. The initial agenda comprised both further trade liberalization and new rule-making, underpinned by commitments to strengthen substantial assistance to developing countries. Among the various functions of the WTO, these are regarded by analysts as the most important and it provides a forum for negotiations and for settling disputes. Another priority of the WTO is the assistance of developing, least-developed and low-income countries in transition to adjust to WTO rules and disciplines through technical cooperation and training
20.
Harmonization
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In music, harmonization is the chordal accompaniment to a line or melody, Using chords and melodies together, making harmony by stacking scale tones as triads. A harmonized scale can be created by using each note of a scale as a root note for a chord. Using the minor one would have, i minor, ii diminished, III major, iv minor, v minor, VI major, VII major, reharmonization is the technique of taking an existing melodic line and altering the harmony which accompanies it. Typically, a melody is reharmonized to provide musical interest or variety, another common use of reharmonization is to introduce a new section in the music, such as a coda or bridge. A melodic tone can often be harmonized in a variety of different ways, for example, an E might be harmonized with an E major chord. In this case, the tone is acting as the root of the chord. That same E might be harmonized with a C major chord and this concept extends to ninths, ♯fifths, and a wide array of other options. Typically however, reharmonizations involve not just a melody note. As a result, there are often several melodic tones which might occur over a harmony, experienced arrangers might decide to use these kinds of highly dissonant chords when reharmonizing, however handling this dissonance requires a good ear and a deep understanding of harmony. In jazz, the term is used to refer to the process of reharmonizing some or all of a tune. Jazz musicians often take the melody from a standard and alter the changes to make the tune sound more contemporary or progressive. One of the most common techniques in jazz reharmonization is the use of substitute chords, in tritone substitution, a dominant chord is replaced by another dominant chord a tritone above its tonic. This technique is based on the fact that the third and seventh degrees of a dominant chord are enharmonically the same as the seventh and third degrees of the dominant chord a tritone away. For example, B and F, the third and seventh of a G7 chord, are enharmonic equivalents of C♭ and F, since the tritone is a distinguishing feature of the sound of a dominant 7th chord, a D♭7 chord may thus replace G7. Tritone substitution works very well on standards, because the chord progressions typically utilize the II – V – I progression, for example, a jazz standard using a chord progression of Dm7 – G7 – Cmaj7 could easily be reharmonized to Dm7 – D♭7 – Cmaj7. The new progression has a contemporary sound, with chromatic bass motion. Tritone substitution is possible with major seventh chords, for example Dm7 – G7 – Cmaj7 could become Dm7 – D♭maj7 – Cmaj7. Thad Jones sometimes uses this type of substitution in his big band writing, as opposed to the classical approach to tonal harmony, in jazz there are only three functions, tonic, subdominant and dominant
21.
European Union
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The European Union is a political and economic union of 28 member states that are located primarily in Europe. It has an area of 4,475,757 km2, the EU has developed an internal single market through a standardised system of laws that apply in all member states. Within the Schengen Area, passport controls have been abolished, a monetary union was established in 1999 and came into full force in 2002, and is composed of 19 EU member states which use the euro currency. The EU operates through a system of supranational and intergovernmental decision-making. The EU traces its origins from the European Coal and Steel Community, the community and its successors have grown in size by the accession of new member states and in power by the addition of policy areas to its remit. While no member state has left the EU or its antecedent organisations, the Maastricht Treaty established the European Union in 1993 and introduced European citizenship. The latest major amendment to the basis of the EU. The EU as a whole is the largest economy in the world, additionally,27 out of 28 EU countries have a very high Human Development Index, according to the United Nations Development Programme. In 2012, the EU was awarded the Nobel Peace Prize, through the Common Foreign and Security Policy, the EU has developed a role in external relations and defence. The union maintains permanent diplomatic missions throughout the world and represents itself at the United Nations, the World Trade Organization, the G7, because of its global influence, the European Union has been described as an emerging superpower. After World War II, European integration was seen as an antidote to the nationalism which had devastated the continent. 1952 saw the creation of the European Coal and Steel Community, the supporters of the Community included Alcide De Gasperi, Jean Monnet, Robert Schuman, and Paul-Henri Spaak. These men and others are credited as the Founding fathers of the European Union. In 1957, Belgium, France, Italy, Luxembourg, the Netherlands and West Germany signed the Treaty of Rome and they also signed another pact creating the European Atomic Energy Community for co-operation in developing nuclear energy. Both treaties came into force in 1958, the EEC and Euratom were created separately from the ECSC, although they shared the same courts and the Common Assembly. The EEC was headed by Walter Hallstein and Euratom was headed by Louis Armand, Euratom was to integrate sectors in nuclear energy while the EEC would develop a customs union among members. During the 1960s, tensions began to show, with France seeking to limit supranational power, Jean Rey presided over the first merged Commission. In 1973, the Communities enlarged to include Denmark, Ireland, Norway had negotiated to join at the same time, but Norwegian voters rejected membership in a referendum
22.
African Union
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The African Union is a continental union consisting of all 55 countries on the African continent. It was established on 26 May 2001 in Addis Ababa, Ethiopia, the most important decisions of the AU are made by the Assembly of the African Union, a semi-annual meeting of the heads of state and government of its member states. The AUs secretariat, the African Union Commission, is based in Addis Ababa, the objectives of the AU are, To achieve greater unity and solidarity between the African countries and Africans. To defend the sovereignty, territorial integrity and independence of its Member States, to accelerate the political and social-economic integration of the continent. To promote and defend African common positions on issues of interest to the continent, to encourage international cooperation, taking due account of the Charter of the United Nations and the Universal Declaration of Human Rights. To promote peace, security, and stability on the continent, to promote democratic principles and institutions, popular participation and good governance. To promote and protect human and peoples rights in accordance with the African Charter on Human and Peoples Rights, to establish the necessary conditions which enable the continent to play its rightful role in the global economy and in international negotiations. To promote sustainable development at the economic, social and cultural levels as well as the integration of African economies, to promote co-operation in all fields of human activity to raise the living standards of African peoples. To coordinate and harmonize the policies between the existing and future Regional Economic Communities for the attainment of the objectives of the Union. To advance the development of the continent by promoting research in all fields, in particular in science, to work with relevant international partners in the eradication of preventable diseases and the promotion of good health on the continent. The African Union is made up of political and administrative bodies. The highest decision-making organ is the Assembly of the African Union, the Assembly is chaired by Idriss Déby, President of Chad. The AU also has a body, the Pan African Parliament. Its president is Bethel Nnaemeka Amadi, the AU Commission, the secretariat to the political structures, is chaired by Nkosazana Dlamini-Zuma of South Africa. On 15 July 2012, Ms. Dlamini-Zuma won a contested vote to become the first female head of the African Union Commission. The main administrative capital of the African Union is in Addis Ababa, Ethiopia, a new headquarters complex, the AU Conference Center and Office Complex, was inaugurated on 28 January 2012, during the 18th AU summit. The tower is 99.9 meters high to signify the date 9 September 1999, the AU covers the entire continent except for several territories held by Spain, France, Portugal and the United Kingdom. AU troops were deployed in Sudan for peacekeeping during Darfur conflict
23.
Nationalism
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Nationalism is a complex, multidimensional concept involving a shared communal identification with ones nation. It is contrasted by Anti-nationalism as a political ideology oriented towards gaining and maintaining self-governance, or full sovereignty, Nationalism therefore holds that a nation should govern itself, free from unwanted outside interference, and is linked to the concept of self-determination. Nationalism therefore seeks to preserve the nations culture and it often also involves a sense of pride in the nations achievements, and is closely linked to the concept of patriotism. In these terms, nationalism can be considered positive or negative, from a political or sociological outlook, there are three main paradigms for understanding the origins and basis of nationalism. The first, known as Primordialism or Perennialism, sees nationalism as a natural phenomenon and it holds that although the concept nationhood may be recent, nations have always existed. The third, and most dominant paradigm is Modernism, which sees nationalism as a recent phenomenon that needs the structural conditions of society in order to exist. There are various definitions for what constitutes a nation, however and this anomie results in a society or societies reinterpreting identity, retaining elements that are deemed acceptable and removing elements deemed unacceptable, in order to create a unified community. Nationalism means devotion for the nation and it is a sentiment that binds the people together. National symbols and flags, national anthems, national languages, national myths, Nationalism is a newer word, in English the term dates from 1844, although the concept is older. It became important in the 19th century, the term increasingly became negative in its connotations after 1914. Glenda Sluga notes that The twentieth century, a time of disillusionment with nationalism, was also the great age of globalism. Nationalism is the term used to characterize the modern sense of national political autonomy. For example, German nationalism emerged as a reaction against Napoleonic control of Germany as the Confederation of the Rhine around 1805–14, linda Colley in Britons, Forging the Nation 1707–1837 explores how the role of nationalism emerged about 1700 and developed in Britain reaching full form in the 1830s. The early emergence of a popular patriotic nationalism took place in the mid-18th century, National symbols, anthems, myths, flags and narratives were assiduously constructed by nationalists and widely adopted. The Union Jack was adopted in 1801 as the national one, Thomas Arne composed the patriotic song Rule, Britannia. in 1740, and the cartoonist John Arbuthnot invented the character of John Bull as the personification of the English national spirit in 1712. The political convulsions of the late 18th century associated with the American, the Prussian scholar Johann Gottfried Herder originated the term in 1772 in his Essay on the Origins of Language. Stressing the role of a common language, the political development of nationalism and the push for popular sovereignty culminated with the ethnic/national revolutions of Europe. During the 19th century nationalism became one of the most significant political and social forces in history, napoleons conquests of the German and Italian states around 1800–06 played a major role in stimulating nationalism and the demands for national unity
24.
European Court of Justice
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The European Court of Justice, officially just the Court of Justice, is the highest court in the European Union in matters of European Union law. As a part of the Court of Justice of the European Union it is tasked with interpreting EU law, the Court was established in 1952 and is based in Luxembourg. It is composed of one judge per member state – currently 28 – although it normally hears cases in panels of three, five or 15 judges, the court has been led by president Koen Lenaerts since 2015. The court was established in 1952, by the Treaty of Paris as part of the European Coal and it was established with seven judges, allowing both representation of each of the six member States and being an unequal number of judges in case of a tie. One judge was appointed from each state and the seventh seat rotated between the large Member States. The Maastricht Treaty was ratified in 1993, and created the European Union, the name of the Court did not change unlike the other institutions. The power of the Court resided in the Community pillar, the Court gained power in 1997 with the signing of the Amsterdam Treaty. Issues from the pillar were transferred to the first pillar. Previously, these issues were settled between the member states, the ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal the decisions of courts to the ECJ. However, it is ultimately for the court to apply the resulting interpretation to the facts of any given case. Although, only courts of appeal are bound to refer a question of EU law when one is addressed. The treaties give the ECJ the power for consistent application of EU law across the EU as a whole, the court also acts as arbiter between the EUs institutions and can annul the latters legal rights if it acts outside its powers. The judicial body is now undergoing strong growth, as witnessed by its continually rising caseload, the Luxembourg courts received more than 1,300 cases when the most recent data was recorded in 2008, a record. The staff budget also hit a new high of almost €238 million in 2009, the Court of Justice consists of 28 Judges who are assisted by 11 Advocates-General. The Judges and Advocates-General are appointed by common accord of the governments of the member states, 37% of judges had experience of judging appeals before they joined the ECJ. In practice, each member state nominates a judge whose nomination is then ratified by all the member states. The President of the Court of Justice is elected from and by the judges for a term of three years
25.
Direct effect
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Direct effect is not explicitly stated in any of the EU Treaties. The principle of effect was first established by the European Court of Justice in Van Gend en Loos v. Nederlandse Administratie der Belastingen. The ECJ first articulated the doctrine of direct effect in the case of Van Gend en Loos, the EU article provision had to be, clear, negative unconditional, containing no reservation on the part of the member state, and not dependent on any national implementing measure. If these criteria were satisfied, then the right or rights in question could be enforced before national courts, of course whether or not any particular measure satisfies the criteria is a matter of EU law to be determined by the EU Courts. In Defrenne v. British Gas plc, horizontal direct effect concerns the relationship between individuals. If a certain provision of EU law is directly effective. Directives are usually incapable of being horizontally directly effective, certain provisions of the treaties and legislative acts such as regulations are capable of being directly enforced horizontally. Direct effect is applicable when the particular provision relied on fulfils the Van Gend en Loos criteria and it is therefore applicable in the case of treaty articles, in which case it can be both vertically and horizontally directly effective. Regulations are also subject to direct effect, decisions are directly effective against whomever they are addressed to, as under Article 288 TFEU, they are binding in its entirety. The horizontal direct effect of Directives is an issue among law makers of the European Community. Numerous Advocates General have supported the case for establishing direct effect. In a number of cases the ECJ has established means for avoiding this limitation to a Directives application, in Grad v Finanzamt Traunstein, a case involving VAT, the ECJ ruled that a directive could be directly effective, as they imposed an obligation to achieve a required result. As the ECJ held in Becker, another case involving VAT, in Pubblico Ministero v. Ratti, however, it was held that if the time limit given for the implementation of the directive has not expired, it cannot have direct effect. Directives were directly effective only if the date, by which the Member State should have implemented it, had passed. Unlike Treaty provisions and regulations, directives cannot have horizontal effect, as such, Directives are currently only vertically directly effective. In Comet v. Produktschap, the European Court of Justice established that the rules of each member state generally apply to cases of EU law. However, two basic principles must be adhered to, equivalence and effectiveness, self-executing right The direct effect of European law – an overview at Eur-lex Analysis of Current Legal Trends in the Area of Direct Effect Dr. Jur
26.
Citizen
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Citizenship is the status of a person recognized under the custom or law as being a legal member of a sovereign state. A person may have multiple citizenships and a person who does not have citizenship of any state is said to be stateless. Nationality is often used as a synonym for citizenship in English – notably in international law – although the term is understood as denoting a persons membership of a nation. In some countries, e. g. the United States, each country has its own policies, regulations and criteria as to who is entitled to its citizenship. A person can be recognised or granted citizenship on a number of bases, usually citizenship based on the place of birth is automatic, in other cases an application may be required. If one or both of a persons parents are citizens of a state, then the person may have the right to be a citizen of that state as well. Formerly this might only have applied through the line. Citizenship is granted based on ancestry or ethnicity, and is related to the concept of a nation state common in China, where jus sanguinis holds, a person born outside a country, one or both of whose parents are citizens of the country, is also a citizen. States normally limit the right to citizenship by descent to a number of generations born outside the state. This form of citizenship is not common in civil law countries, Some people are automatically citizens of the state in which they are born. This form of citizenship originated in England where those who were born within the realm were subjects of the monarch, in many cases both jus solis and jus sanguinis hold, citizenship either by place or parentage. Many countries fast-track naturalization based on the marriage of a person to a citizen, States normally grant citizenship to people who have entered the country legally and been granted permit to stay, or been granted political asylum, and also lived there for a specified period. Some states allow dual citizenship and do not require naturalized citizens to renounce any other citizenship. In the past there have been exclusions on entitlement to citizenship on grounds such as color, ethnicity, sex. Most of these no longer apply in most places. The United States grants citizenship to those born as a result of reproductive technologies, Some exclusions still persist for internationally adopted children born before Feb 27,1983 even though their parents meet citizenship criteria. Polis meant both the assembly of the city-state as well as the entire society. Citizenship has generally been identified as a western phenomenon, there is a general view that citizenship in ancient times was a simpler relation than modern forms of citizenship, although this view has come under scrutiny
27.
Netherlands
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The Netherlands, also informally known as Holland is the main constituent country of the Kingdom of the Netherlands. It is a densely populated country located in Western Europe with three territories in the Caribbean. The European part of the Netherlands borders Germany to the east, Belgium to the south, and the North Sea to the northwest, sharing borders with Belgium, the United Kingdom. The three largest cities in the Netherlands are Amsterdam, Rotterdam and The Hague, Amsterdam is the countrys capital, while The Hague holds the Dutch seat of parliament and government. The port of Rotterdam is the worlds largest port outside East-Asia, the name Holland is used informally to refer to the whole of the country of the Netherlands. Netherlands literally means lower countries, influenced by its low land and flat geography, most of the areas below sea level are artificial. Since the late 16th century, large areas have been reclaimed from the sea and lakes, with a population density of 412 people per km2 –507 if water is excluded – the Netherlands is classified as a very densely populated country. Only Bangladesh, South Korea, and Taiwan have both a population and higher population density. Nevertheless, the Netherlands is the worlds second-largest exporter of food and agricultural products and this is partly due to the fertility of the soil and the mild climate. In 2001, it became the worlds first country to legalise same-sex marriage, the Netherlands is a founding member of the EU, Eurozone, G-10, NATO, OECD and WTO, as well as being a part of the Schengen Area and the trilateral Benelux Union. The first four are situated in The Hague, as is the EUs criminal intelligence agency Europol and this has led to the city being dubbed the worlds legal capital. The country also ranks second highest in the worlds 2016 Press Freedom Index, the Netherlands has a market-based mixed economy, ranking 17th of 177 countries according to the Index of Economic Freedom. It had the thirteenth-highest per capita income in the world in 2013 according to the International Monetary Fund, in 2013, the United Nations World Happiness Report ranked the Netherlands as the seventh-happiest country in the world, reflecting its high quality of life. The Netherlands also ranks joint second highest in the Inequality-adjusted Human Development Index, the region called Low Countries and the country of the Netherlands have the same toponymy. Place names with Neder, Nieder, Nether and Nedre and Bas or Inferior are in use in all over Europe. They are sometimes used in a relation to a higher ground that consecutively is indicated as Upper, Boven, Oben. In the case of the Low Countries / the Netherlands the geographical location of the region has been more or less downstream. The geographical location of the region, however, changed over time tremendously
28.
European Convention on Human Rights
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The European Convention on Human Rights is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the newly formed Council of Europe. All Council of Europe member states are party to the Convention, the Convention established the European Court of Human Rights. Any person who feels his or her rights have been violated under the Convention by a party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them, the compensations imposed under ECHR can be rather large, in 2014 Russia agreed to pay in excess of $2 billion in damages to former shareholders of Yukos. The Convention has several protocols, which amend the convention framework, the European Convention on Human Rights has played an important role in the development and awareness of Human Rights in Europe. The development of a system of human rights protection operating across Europe can be seen as a direct response to twin concerns. Second, the Convention was a response to the growth of Communism in Central and Eastern Europe and designed to protect the member states of the Council of Europe from communist subversion. The Convention was drafted by the Council of Europe after the Second World War in response to an issued by Europeans from all walks of life who had gathered at the Hague Congress. British MP and lawyer Sir David Maxwell-Fyfe, the Chair of the Assemblys Committee on Legal and Administrative Questions, was one of its leading members, as a prosecutor at the Nuremberg Trials, he had seen first-hand how international justice could be effectively applied. After extensive debates, the Assembly sent its proposal to the Councils Committee of Ministers. So a non-democratic State could not participate in the ECHR system, the Convention was opened for signature on 4 November 1950 in Rome. It was ratified and entered force on 3 September 1953. It is overseen and enforced by the European Court of Human Rights in Strasbourg, until procedural reforms in the late 1990s, the Convention was also overseen by a European Commission on Human Rights. Statements of principle are, from a point of view, not determinative. As amended by Protocol 11, the Convention consists of three parts, the main rights and freedoms are contained in Section I, which consists of Articles 2 to 18. Section II sets up the Court and its rules of operation, Section III contains various concluding provisions. Article 1 simply binds the parties to secure the rights under the other Articles of the Convention within their jurisdiction
29.
United Kingdom
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The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom or Britain, is a sovereign country in western Europe. Lying off the north-western coast of the European mainland, the United Kingdom includes the island of Great Britain, Northern Ireland is the only part of the United Kingdom that shares a land border with another sovereign state—the Republic of Ireland. The Irish Sea lies between Great Britain and Ireland, with an area of 242,500 square kilometres, the United Kingdom is the 78th-largest sovereign state in the world and the 11th-largest in Europe. It is also the 21st-most populous country, with an estimated 65.1 million inhabitants, together, this makes it the fourth-most densely populated country in the European Union. The United Kingdom is a monarchy with a parliamentary system of governance. The monarch is Queen Elizabeth II, who has reigned since 6 February 1952, other major urban areas in the United Kingdom include the regions of Birmingham, Leeds, Glasgow, Liverpool and Manchester. The United Kingdom consists of four countries—England, Scotland, Wales, the last three have devolved administrations, each with varying powers, based in their capitals, Edinburgh, Cardiff and Belfast, respectively. The relationships among the countries of the UK have changed over time, Wales was annexed by the Kingdom of England under the Laws in Wales Acts 1535 and 1542. A treaty between England and Scotland resulted in 1707 in a unified Kingdom of Great Britain, which merged in 1801 with the Kingdom of Ireland to form the United Kingdom of Great Britain and Ireland. Five-sixths of Ireland seceded from the UK in 1922, leaving the present formulation of the United Kingdom of Great Britain, there are fourteen British Overseas Territories. These are the remnants of the British Empire which, at its height in the 1920s, British influence can be observed in the language, culture and legal systems of many of its former colonies. The United Kingdom is a country and has the worlds fifth-largest economy by nominal GDP. The UK is considered to have an economy and is categorised as very high in the Human Development Index. It was the worlds first industrialised country and the worlds foremost power during the 19th, the UK remains a great power with considerable economic, cultural, military, scientific and political influence internationally. It is a nuclear weapons state and its military expenditure ranks fourth or fifth in the world. The UK has been a permanent member of the United Nations Security Council since its first session in 1946 and it has been a leading member state of the EU and its predecessor, the European Economic Community, since 1973. However, on 23 June 2016, a referendum on the UKs membership of the EU resulted in a decision to leave. The Acts of Union 1800 united the Kingdom of Great Britain, Scotland, Wales and Northern Ireland have devolved self-government
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Statute
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A statute is a formal written enactment of a legislative authority that governs a state, city or country. Typically, statutes command or prohibit something, or declare policy, statutes are rules made by legislative bodies, they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Statute law is written by a legislative body and signed into law by its executive. Before a statute becomes law in countries, it must be agreed upon by the highest executive in the government. A universal problem encountered by lawmakers throughout human history is how to organize published statutes, such publications have a habit of starting small but growing rapidly over time, as new statutes are enacted in response to the exigencies of the moment. Eventually, persons trying to find the law are forced to sort through a number of statutes enacted at various points in time to determine which portions are still in effect. In turn, in theory, the code will thenceforth reflect the current cumulative state of the law in that jurisdiction. In many nations statutory law is distinguished from and subordinate to constitutional law, statute is also another word for law. The term was adapted from England in about the 18th century, in the Autonomous Communities of Spain, the autonomy statute is a legal document similar to a state constitution in a federated state. The autonomies statutes in Spain have the rank of Ley Organica, leyes Organicas rank between the Constitution and ordinary laws. The name was chosen, among others, to avoid confusion with the term Constitution, in biblical terminology, statute refers to a law given without any reason or justification. The classic example is the statute regarding the Red Heifer. The opposite of a chok is a mishpat, a law given for a reason, e. g. the Sabbath laws, which were given because God created the world in six days. That which upholds, supports or maintains the order of the universe meaning the Law or Natural Law. This is a concept of central importance in Indian philosophy and religion, Constitution Legislation Legislature Organic statute Statutory law
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Common law
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Common law is the body of law developed from the thirteenth century to the present day, as case law or precedent, by judges, courts, and tribunals. In cases where the parties disagree on what the law is, if a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision. Resolution of the issue in one case becomes precedent that binds future courts, stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems. A common law system is a system that gives great precedential weight to common law. Common law systems originated during the Middle Ages in England, today, one third of the worlds population live in common law jurisdictions or in systems mixed with civil law. The term common law has many connotations, the first three set out here are the most-common usages within the legal community. Other connotations from past centuries are seen, and are sometimes heard in everyday speech. Blacks Law Dictionary, 10th Ed. gives as definition 1,1, the body of law derived from judicial decisions, rather than from statutes or constitutions, CASELAW, STATUTORY LAW. In this connotation, common law distinguishes the authority that promulgated a law. e, examples include most criminal law and procedural law before the 20th century, and even today, most contract law and the law of torts. Interstitial common law decisions that analyze, interpret and determine the fine boundaries. Publication of decisions, and indexing, is essential to the development of common law, while all decisions in common law jurisdictions are precedent, some become leading cases or landmark decisions that are cited especially often. Blacks 10th Ed. definition 2, differentiates common law jurisdictions, by contrast, in civil law jurisdictions, courts lack authority to act if there is no statute. Judicial precedent is given less weight, which means that a judge deciding a given case has more freedom to interpret the text of a statute independently. For example, the Napoleonic code expressly forbade French judges to pronounce general principles of law. As a rule of thumb, common law systems trace their history to England, blacks 10th Ed. definition 4, differentiates common law from equity. This split propagated to many of the colonies, including the United States, for most purposes, most jurisdictions, including the U. S. federal system and most states, have merged the two courts. Additionally, even before the courts were merged, most courts were permitted to apply both law and equity, though under potentially different procedural law. In the United States, determining whether the Seventh Amendments right to a jury trial applies or whether the issue will be decided by a judge, the standard of review and degree of deference given by an appellate tribunal to the decision of the lower tribunal under review
