A state is a political organization with a centralized government that maintains a monopoly by use of force within a certain geographical territory. Some states are sovereign, other states are subject to external sovereignty or hegemony, where supreme authority lies in another state; the term "state" applies to federated states that are members of a federation, in which sovereignty is shared between member states and a federal body. Speakers of American English use the terms "state" and "government" as synonyms, with both words referring to an organized political group that exercises authority over a particular territory. In British and Commonwealth English, "state" is the only term that has that meaning, while "the government" instead refers to the ministers and officials who set the political policy for the territory. Many human societies have been governed by states for millennia; the first states arose about 5,500 years ago in conjunction with rapid growth of cities, invention of writing, codification of new forms of religion.
Over time, a variety of different forms developed, employing a variety of justifications for their existence. Today, the modern nation-state is the predominant form of state; the word state and its cognates in some other European languages derive from the Latin word status, meaning "condition, circumstances". The English noun state in the generic sense "condition, circumstances" predates the political sense, it is introduced to Middle English c. 1200 both directly from Latin. With the revival of the Roman law in 14th-century Europe, the term came to refer to the legal standing of persons, in particular the special status of the king; the highest estates those with the most wealth and social rank, were those that held power. The word had associations with Roman ideas about the "status rei publicae", the "condition of public matters". In time, the word lost its reference to particular social groups and became associated with the legal order of the entire society and the apparatus of its enforcement.
The early 16th-century works of Machiavelli played a central role in popularizing the use of the word "state" in something similar to its modern sense. The contrasting of church and state still dates to the 16th century; the North American colonies were called "states" as early as the 1630s. The expression L'Etat, c'est moi attributed to Louis XIV of France is apocryphal, recorded in the late 18th century. There is no academic consensus on the most appropriate definition of the state; the term "state" refers to a set of different, but interrelated and overlapping, theories about a certain range of political phenomena. The act of defining the term can be seen as part of an ideological conflict, because different definitions lead to different theories of state function, as a result validate different political strategies. According to Jeffrey and Painter, "if we define the'essence' of the state in one place or era, we are liable to find that in another time or space something, understood to be a state has different'essential' characteristics".
Different definitions of the state place an emphasis either on the ‘means’ or the ‘ends’ of states. Means-related definitions include those by Max Weber and Charles Tilly, both of whom define the state according to its violent means. For Weber, the state "is a human community that claims the monopoly of the legitimate use of physical force within a given territory”, while Tilly characterises them as "coercion-wielding organisations". Ends-related definitions emphasis instead the teleological aims and purposes of the state. Marxist thought regards the ends of the state as being the perpetuation of class domination in favour of the ruling class which, under the capitalist mode of production, is the bourgeoisie; the state exists to defend the ruling class's claims to private property and its capturing of surplus profits at the expense of the proletariat. Indeed, Marx claimed that "the executive of the modern state is nothing but a committee for managing the common affairs of the whole bourgeoisie".
Liberal thought provides another possible teleology of the state. According to John Locke, the goal of the state/commonwealth was "the preservation of property", with'property' in Locke's work referring not only to personal possessions but to one's life and liberty. On this account, the state provides the basis for social cohesion and productivity, creating incentives for wealth creation by providing guarantees of protection for one's life and personal property. Jinnah favoured a state with the least functions, he was of the opinion that until society becomes self-regulative and self-evolving and until the individual becomes perfect, the state, so long, would be necessary. The most used definition is Max Weber's, which describes the state as a compulsory political organization with a centralized government that maintains a monopoly of the legitimate use of force within a certain territory. General categories of state institutions include administrative bureaucracies, legal systems, military or religious organizations.
Another accepted definition of the state is the one given at the Montevideo Convention on Rights and Duties of States in 1933. It provides that "he state as a person of i
International law is the set of rules regarded and accepted in relations between nations. It serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems in that it is applicable to countries rather than to individual citizens. National law may become international law when treaties permit national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions may require national law to conform to respective parts. National laws or constitutions may provide for the implementation or integration of international legal obligations. International law is consent-based governance, as there is no means of enforcement in a world dominated by sovereign states; this means that a state may choose to not abide by international law, to break its treaty. However, violations of customary international law and peremptory norms can lead to military action or other forms of coercion, such as diplomatic pressure or economic sanctions.
The current order of international law, the equality of sovereignty between nations, was formed through the conclusion of the "Peace of Westphalia" in 1648. Prior to 1648, on the basis of the purpose of war or the legitimacy of war, it sought to distinguish whether the war was a "just war" or not; this theory of power interruptions can be found in the writings of the Roman Cicero and the writings of St. Augustine. According to the theory of armistice, the nation that caused unwarranted war could not enjoy the right to obtain or conquer trophies that were legitimate at the time The 17th, 18th and 19th centuries saw the growth of the concept of the sovereign "nation-state", which consisted of a nation controlled by a centralised system of government; the concept of nationalism became important as people began to see themselves as citizens of a particular nation with a distinct national identity. Until the mid-19th century, relations between nation-states were dictated by treaty, agreements to behave in a certain way towards another state, unenforceable except by force, not binding except as matters of honor and faithfulness.
But treaties alone became toothless and wars became destructive, most markedly towards civilians, who decried their horrors, leading to calls for regulation of the acts of states in times of war. The modern study of international law starts in the early 19th century, but its origins go back at least to the 16th century, Alberico Gentili, Francisco de Vitoria and Hugo Grotius, the "fathers of international law." Several legal systems developed in Europe, including the codified systems of continental European states and English common law, based on decisions by judges and not by written codes. Other areas developed differing legal systems, with the Chinese legal tradition dating back more than four thousand years, although at the end of the 19th century, there was still no written code for civil proceedings. One of the first instruments of modern international law was the Lieber Code, passed in 1863 by the Congress of the United States, to govern the conduct of US forces during the United States Civil War and considered to be the first written recitation of the rules and articles of war, adhered to by all civilised nations, the precursor of international law.
This led to the first prosecution for war crimes—in the case of United States prisoners of war held in cruel and depraved conditions at Andersonville, Georgia, in which the Confederate commandant of that camp was tried and hanged, the only Confederate soldier to be punished by death in the aftermath of the entire Civil War. In the years that followed, other states subscribed to limitations of their conduct, numerous other treaties and bodies were created to regulate the conduct of states towards one another in terms of these treaties, but not limited to, the Permanent Court of Arbitration in 1899; because international law is a new area of law its development and propriety in applicable areas are subject to dispute. Under article 38 of the Statute of the International Court of Justice, international law has three principal sources: international treaties and general principles of law. 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 been 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, under the aegis of the United Nations. Codified customary law is made the binding interpretation of the underlying custom by agreement through treaty. For states not party to such treaties, the work of the ILC may still be accepted as custom applying to those states. General principles of law are those recognized by the major legal systems of the world. Certain norms of international law achieve the binding force of peremptory norms as to include all states with no permissible derogations.
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UNIDROIT is an intergovernmental organization on harmonization of private international law. As of 2018 UNIDROIT has 63 member states. UNIDROIT headquarters are located in the centre of Rome, between via Nazionale and via Panisperna, where its main entrance can be found; the institute occupies the Villa Aldobrandini, a 17th-century princely villa whose gardens were truncated by the construction of via Nazionale in the 19th century, which borders the Pontifical University of Saint Thomas Aquinas, Angelicum to the south. States become members through acceding to its statute; the 63 members are: Lebanon was a member state of UNIDROIT from 1958 to 1964. Countries which have ceased to exist are former member states: Czechoslovakia, East Germany, United Arab Republic, Yugoslavia. Unidroit has over the years prepared the following international Conventions, drawn up by Unidroit and adopted by diplomatic Conferences convened by member States of Unidroit: Convention relating to a Uniform Law on the International Sale of Goods Convention relating to a Uniform Law on the Formation of Contracts for the International Sale of Goods International Convention on Travel Contracts Convention providing a Uniform Law on the Form of an International Will Convention on Agency in the International Sale of Goods Unidroit Convention on International Financial Leasing Unidroit Convention on International Factoring UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects Convention on International Interests in Mobile Equipment Geneva Securities Convention UNIDROIT is depositary of two of its conventions: the Cape Town Convention as well as the Geneva Securities Convention.
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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 be known as an agreement, covenant, pact, or exchange of letters, among other terms. Regardless of terminology, all of these forms of agreements are, under international law considered treaties and the rules are the same. Treaties can be loosely compared to contracts: both are examples of willing parties assuming obligations among themselves, any party that fails to live up to their obligations can be held liable under international law. A treaty is an official, express written agreement that states use to bind themselves. A treaty is the official document. Since the late 19th century, most treaties have followed a consistent format. A treaty begins with a preamble describing the High Contracting Parties and their shared objectives in executing the treaty, as well as summarizing any underlying events. Modern preambles are sometimes structured as a single long sentence formatted into multiple paragraphs for readability, in which each of the paragraphs begins with a gerund.
The High Contracting Parties. His Majesty The King of X or His Excellency The President of Y, or alternatively in the form of "Government of Z". However, under the Vienna Convention on the Law of Treaties if the representative is the head of state, head of government or minister of foreign affairs, no special document is needed, as holding such high office is sufficient; the end of the preamble and the start of the actual agreement is signaled by the words "have agreed as follows". After the preamble comes numbered articles, which contain the substance of the parties' actual agreement; each article heading encompasses a paragraph. A long treaty may further group articles under chapter headings. Modern treaties, regardless of subject matter contain articles governing where the final authentic copies of the treaty will be deposited and how any subsequent disputes as to their interpretation will be peacefully resolved; the end of a treaty, the eschatocol, is signaled by a clause like "in witness whereof" or "in faith whereof", the parties have affixed their signatures, followed by the words "DONE at" the site of the treaty's execution and the date of its execution.
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 thousand nine hundred and forty-five". If the treaty is executed in multiple copies in different languages, that fact is always noted, is followed by a stipulation that the versions in different languages are authentic; the signatures of the parties' representatives follow at the end. When the text of a treaty is reprinted, such as in a collection of treaties in effect, an editor will append the dates on which the respective parties ratified the treaty and on which it came into effect for each party. Bilateral treaties are concluded between entities, it is possible, for a bilateral treaty to have more than two parties. Each of these treaties has seventeen parties; these however are still bilateral, not multilateral, treaties. The parties are divided into 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 and its member states.
A multilateral treaty is concluded among several countries. The agreement establishes obligations between each party and every other party. Multilateral treaties are regional. Treaties of "mutual guarantee" are international compacts, e.g. the Treaty of Locarno which guarantees each signatory against attack from another. Reservations are caveats to a state's acceptance of a treaty. Reservations are unilateral statements purporting to exclude or to modify the legal obligation and its effects on the reserving state; these must be included at the time of signing or ratification, i.e. "a party cannot add a reservation after it has joined a treaty". Article 19 of Vienna Convention on the law of Treaties in 1969. International law was unaccepting of treaty reservations, rejecting them unless all parties to the treaty accepted the same reservations. However, in the interest of encouraging the largest number of states to join treaties, a more permissive rule regarding reservations has emerged. While some treaties still expressly forbid any reservations, they are now permitted to the extent that they are not inconsistent with the goals and purposes of the treaty.
When a state limits its treaty obligations through reservations, other states par
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. It has been defined both as "the Science of Justice" and "the Art of Justice". Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent in common law jurisdictions. Private individuals can create binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process; the formation of laws themselves may be influenced by a constitution, written or tacit, the rights encoded therein. The law shapes politics, economics and society in various ways and serves as a mediator of relations between people. A general distinction can be made between civil law jurisdictions, in which a legislature or other central body codifies and consolidates their laws, common law systems, where judge-made precedent is accepted as binding law.
Religious laws played a significant role in settling of secular matters, is still used in some religious communities. Islamic Sharia law is the world's most used religious law, is used as the primary legal system in some countries, such as Iran and Saudi Arabia; the adjudication of the law is divided into two main areas. Criminal law deals with conduct, considered harmful to social order and in which the guilty party may be imprisoned or fined. Civil law deals with the resolution of lawsuits between individuals and/or organizations. Law provides a source of scholarly inquiry into legal history, economic analysis and sociology. Law raises important and complex issues concerning equality and justice. Numerous definitions of law have been put forward over the centuries; the Third New International Dictionary from Merriam-Webster defines law as: "Law is a binding custom or practice of a community. The Dictionary of the History of Ideas published by Scribner's in 1973 defined the concept of law accordingly as: "A legal system is the most explicit, institutionalized, complex mode of regulating human conduct.
At the same time, it plays only one part in the congeries of rules which influence behavior, for social and moral rules of a less institutionalized kind are of great importance." There have been several attempts to produce "a universally acceptable definition of law". In 1972, one source indicated. McCoubrey and White said that the question "what is law?" has no simple answer. Glanville Williams said that the meaning of the word "law" depends on the context in which that word is used, he said that, for example, "early customary law" and "municipal law" were contexts where the word "law" had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word "law" and that it is equally obvious that the struggle to define that word should not be abandoned, it is possible to take the view that there is no need to define the word "law". The history of law links to the development of civilization. Ancient Egyptian law, dating as far back as 3000 BC, contained a civil code, broken into twelve books.
It was based on the concept of Ma'at, characterised by tradition, rhetorical speech, social equality and impartiality. By the 22nd century BC, the ancient Sumerian ruler Ur-Nammu had formulated the first law code, which consisted of casuistic statements. Around 1760 BC, King Hammurabi further developed Babylonian law, by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae, for the entire public to see; the most intact copy of these stelae was discovered in the 19th century by British Assyriologists, has since been transliterated and translated into various languages, including English, Italian and French. The Old Testament dates back to 1280 BC and takes the form of moral imperatives as recommendations for a good society; the small Greek city-state, ancient Athens, from about the 8th century BC was the first society to be based on broad inclusion of its citizenry, excluding women and the slave class. However, Athens had no legal science or single word for "law", relying instead on the three-way distinction between divine law, human decree and custom.
Yet Ancient Greek law contained major constitutional innovations in the development of democracy. Roman law was influenced by Greek philosophy, but its detailed rules were developed by professional jurists and were sophisticated. Over the centuries between the rise and decline of the Roman Empire, law was adapted to cope with the changing social situations and underwent major codification under Theodosius II and Justinian I. Although codes were replaced by custom and case law during the Dark Ages, Roman law was rediscovered around the 11th century when medieval legal scholars began to research Roman codes and adapt their concepts. Latin legal maxims were compiled for guidance. In medieval England, royal
Hugo Grotius known as Huig de Groot or Hugo de Groot, was a Dutch jurist. Along with the earlier works of Francisco de Vitoria and Alberico Gentili, he laid the foundations for international law, based on natural law. A teenage intellectual prodigy, he was studied at Leiden University, he was imprisoned for his involvement in the intra-Calvinist disputes of the Dutch Republic, but escaped hidden in a chest of books. Grotius wrote most of his major works in exile in France, it is thought that Hugo Grotius was not the first to formulate the international society doctrine, but he was one of the first to define expressly the idea of one society of states, governed not by force or warfare but by actual laws and mutual agreement to enforce those laws. As Hedley Bull declared in 1990: "The idea of international society which Grotius propounded was given concrete expression in the Peace of Westphalia, Grotius may be considered the intellectual father of this first general peace settlement of modern times."
Additionally, his contributions to Arminian theology helped provide the seeds for Arminian-based movements, such as Methodism and Pentecostalism. Because of his theological underpinning of free trade, he is considered an "economic theologist". Born in Delft during the Dutch Revolt, Hugo was the first child of Jan de Groot and Alida van Overschie, his father was a man of learning, once having studied with the eminent Justus Lipsius at Leiden, as well as of political distinction, he groomed his son from an early age in a traditional humanist and Aristotelian education. A prodigious learner, Hugo entered the University of Leiden. There he studied with some of the most acclaimed intellectuals in northern Europe, including Franciscus Junius, Joseph Justus Scaliger, Rudolph Snellius. At age sixteen he published his first book: a scholarly edition of the late antique author Martianus Capella's work on the seven liberal arts, Martiani Minei Felicis Capellæ Carthaginiensis viri proconsularis Satyricon, in quo De nuptiis Philologiæ & Mercurij libri duo, & De septem artibus liberalibus libri singulares.
Omnes, & emendati, & Notis, siue Februis Hug. Grotii illustrati. In Holland, Grotius earned an appointment as advocate to The Hague in 1599 and as official historiographer for the States of Holland in 1601, his first occasion to write systematically on issues of international justice came in 1604, when he became involved in the legal proceedings following the seizure by Dutch merchants of a Portuguese carrack and its cargo in the Singapore Strait. The Dutch were at war with Spain; the war began when Grotius's cousin captain Jacob van Heemskerk captured a loaded Portuguese carrack merchant ship, Santa Catarina, off present-day Singapore in 1603. Heemskerk was employed with the United Amsterdam Company, though he did not have authorization from the company or the government to initiate the use of force, many shareholders were eager to accept the riches that he brought back to them. Not only was the legality of keeping the prize questionable under Dutch statute, but a faction of shareholders in the Company objected to the forceful seizure on moral grounds, of course, the Portuguese demanded the return of their cargo.
The scandal led to a wider campaign to sway public opinion. It was in this wider context that representatives of the Company called upon Grotius to draft a polemical defence of the seizure; the result of Grotius' efforts in 1604/05 was a long, theory-laden treatise that he provisionally entitled De Indis. Grotius sought to ground his defense of the seizure in terms of the natural principles of justice. In this, he had cast a net much wider than the case at hand; the treatise was never published in full during Grotius' lifetime because the court ruling in favor of the Company preempted the need to garner public support. In The Free Sea Grotius formulated the new principle that the sea was international territory and all nations were free to use it for seafaring trade. Grotius, by claiming'free seas', provided suitable ideological justification for the Dutch breaking up of various trade monopolies through its formidable naval power. England, competing fiercely with the Dutch for domination of world trade, opposed this idea and claimed in John Selden's Mare clausum, " That the Dominion of the British Sea, or That Which Incompasseth the Isle of Great Britain, is, Ever Hath Been, a Part or Appendant of the Empire of that Island."
Aided by his continued association with Van Oldenbarnevelt, Grotius made considerable advances in his political career, being retained as Oldenbarnevelt's resident advisor in 1605, Advocate General of the Fisc of Holland and Friesland in 1607, as Pensionary of Rotterdam in 1613. In 1608 he married Maria van Reigersberch, with whom he would have eight children and who would be invaluable in helping him and the family to weather the
In language, a clause is the smallest grammatical unit that can express a complete proposition. A typical clause consists of a subject and a predicate, the latter a verb phrase, a verb with any objects and other modifiers. However, the subject is sometimes not said or explicit the case in null-subject languages if the subject is retrievable from context, but it sometimes occurs in other languages such as English. A simple sentence consists of a single finite clause with a finite verb, independent. More complex sentences may contain multiple clauses. Main clauses are those. Subordinate clauses are those that would be incomplete if they were alone. A primary division for the discussion of clauses is the distinction between main clauses and subordinate clauses. A main clause can stand alone, i.e. it can constitute a complete sentence by itself. A subordinate clause, in contrast, is reliant on the appearance of a main clause. A second major distinction concerns the difference between non-finite clauses.
A finite clause contains a structurally central finite verb, whereas the structurally central word of a non-finite clause is a non-finite verb. Traditional grammar focuses on finite clauses, the awareness of non-finite clauses having arisen much in connection with the modern study of syntax; the discussion here focuses on finite clauses, although some aspects of non-finite clauses are considered further below. Clauses can be classified according to a distinctive trait, a prominent characteristic of their syntactic form; the position of the finite verb is one major trait used for classification, the appearance of a specific type of focusing word is another. These two criteria overlap to an extent, which means that no single aspect of syntactic form is always decisive in determining how the clause functions. There are, strong tendencies. Standard SV-clauses are the norm in English, they are declarative. The pig has not yet been fed. - Declarative clause, standard SV order I've been hungry for two hours.
- Declarative clause, standard SV order...that I've been hungry for two hours. - Declarative clause, standard SV order, but functioning as a subordinate clause due to the appearance of the subordinator thatDeclarative clauses like these are by far the most occurring type of clause in any language. They can be viewed as other clause types being derived from them. Standard SV-clauses can be interrogative or exclamative, given the appropriate intonation contour and/or the appearance of a question word, e.g. a. The pig has not yet been fed? - Rising intonation on fed makes the clause a yes/no-question.b. The pig has not yet been fed! - Spoken forcefully, this clause is exclamative.c. You've been hungry for how long? - Appearance of interrogative word how and rising intonation make the clause a constituent questionExamples like these demonstrate that how a clause functions cannot be known based on a single distinctive syntactic criterion. SV-clauses are declarative, but intonation and/or the appearance of a question word can render them interrogative or exclamative.
Verb first clauses in English play one of three roles: 1. They express a yes/no-question via subject–auxiliary inversion, 2, they express a condition as an embedded clause, or 3. They express a command via e.g. a. He must stop laughing. - Standard declarative SV-clause b. Should he stop laughing? - Yes/no-question expressed by verb first order c. Had he stopped laughing... - Condition expressed by verb first order d. Stop laughing! - Imperative formed with verb first ordera. They have done the job. - Standard declarative SV-clause b. Have they done the job? - Yes/no-question expressed by verb first order c. Had they done the job... - Condition expressed by verb first order d. Do the job! - Imperative formed with verb first orderMost verb first clauses are main clauses. Verb first conditional clauses, must be classified as embedded clauses because they cannot stand alone. Wh-clauses contain a wh-word. Wh-words serve to help express a constituent question, they are prevalent, though, as relative pronouns, in which case they serve to introduce a relative clause and are not part of a question.
The wh-word focuses a particular constituent and most of the time, it appears in clause-initial position. The following examples illustrate standard interrogative wh-clauses; the b-sentences are direct questions, the c-sentences contain the corresponding indirect questions: a. Sam likes the meat. - Standard declarative SV-clause b. Who likes the meat? - Matrix interrogative wh-clause focusing on the subject c. They asked. - Embedded interrogative wh-clause focusing on the subjecta. Larry sent Susan to the store. - Standard declarative SV-clause b. Whom did Larry send to the store? - Matrix interrogative wh-clause focusing on the object, subject-auxiliary inversion present c. We know. - Embedded wh-clause focusing on the object, subject-auxiliary inversion absenta. Larry sent Susan to the store. - Standard declarative SV-clause b. Where did Larry send Susan? - Matrix interrogative wh-clause focusing on the ob