Friday, January 24, 2020

The United States Interaction with the International Court of Justice O

The United States Interaction with the International Court of Justice Over Consular Rights: How Our Refusal to Obey Is Impacting Foreign Nationals and American Citizens On January 9, 2003, Mexico initiated proceedings before the International Court of Justice against the United States of America concerning the alleged violations of Articles 5 and 36 of the Vienna Convention; basically, claiming that the United States is not honoring the consular rights of foreign nationals within the United States . While the proceedings of this case continue on, as they will into 2004, it is engaging and instructive to look at the realities of consular notification in the United States. I have chosen to focus on Mexican and American interactions not just because they are the two countries involved in the case before ICJ, but because the countries are so close, and because the issue arises so frequently. According to Mark Warren, director of Human Rights Research, an Ottawa, Canada-based company that monitors international developments regarding the death penalty, â€Å"there are more then 50 Mexican citizens under sentence of death in the US, many of whose cases, in fact, Mexico would argue all of them, involve violations of international law† (personal interview, 10/6/03). Through an examination of the Vienna Convention on Consular Relations (VCCR), American interpretation of this treaty, the role of Mexican consulates in America, and the worldwide repercussions of American actions, I hope to broadly discuss this topic and possible solutions. It is further instructive to investigate the United States interactions with the World Court in previous cases, and possible implications of sub-par consular notification with respect to the current, post-9... ...Grand Case (Germany vs. the United States). Press release June 27, 2001: The Hague International Court of Justice. Mexico brings a case against the United States of America and requests the indication of provisional measures. Press release January 10, 2003: The Hague. James, Anne, and Mark Warren. Equal Protection: Consular Assistance and Criminal JusticeProcedures in the USA. Woodbridge: The International Justice Project, 2002. Rubin, James P. United States Department of State Press Statement. 4 November 1998. Warren, Mark. â€Å"Article 36 Update: Consular Rights in America: Issue 21.† Email to Tambi Cork. 6 May 2003. Warren, Mark. Personal Interview. 6 October 2003. World View Commentary. Ed. Doug Cassel. 8 July 2003. Northwestern University School of Law. 10 November 2003

Thursday, January 16, 2020

Internet regulation vs Freedom of Speech Essay

MGM v. Grokster case determines the file sharing software. Grokster is a software development company that makes peer-to-peer file sharing software making it possible for all users to share files. However, one possibility with the usage of this software is that some users start sharing copyrighted files. Most commonly copyrighted music mp3 files are shared. In this case court determined that whether making of such software can be regulated. Proponents argue that file sharing is very popular and important technology implemented today in several companies for important business tasks. It is also commonly used by individuals for normal sharing of files for important reason. Only for just one reason it is not possible to shut down the whole business. This is just beginning of the exploration of current use of technology which may expand later. Court determined that whether Grokster should be liable for this file sharing that involves copyrighted material. The pro of this case is that today as we’re bound with each other via world wide networking, it has changed the way of our living. Regulating things going on Internet has recently affected our legislations. With internet networking we can easily connect together and communicate. However, recently several cases have emerged and made it more complex to handle people communicating on the internet. There is another law case that is very hot these days, a Yahoo case. Yahoo has been disgraced in France and now fighting with Chinese government on several issues of free speech. All legal aspects of internet regulation include several security measures and protection from threats. In addition, the way of communication on the Internet has made it much easier for anyone to pass any remarks to any person far away from the location. Speech and communication on the internet has to be regulated in order to protect people from any kind of abuse. According to the Judge decision of freedom of speech that the Yahoo had the right in favor it. The con of this case is that though, we know that all humans have rights. Freedom of speech is one of the rights an individual have by birth, but this right has a limitation as well. The limitation is decided by the exposure of the speech on makes in his social environment. Freedom of speech is a right until this freedom doesn’t hurdle the other’s same right. And if this come to happen the ‘right’ of one rests no more with him. Many firms and legislations are now restricting making use of language and topics on the communication board and email. For example, many big firms like Mircrosoft do not allow specific topics to be discussed on their forums. In China a journalist was imprisoned because of the fact that he forwarded an email that contained an inappropriate language terms. Many U. S. firms are now help resolving issues in China regarding communication. Different law now governs freedom of speech on the Internet. Whatever the case it must now be the matter of great concern to regulate everything that is going on Internet. Similarly, USA and other countries several such cases were detected. Many groups, forums and companies do not allow free talk on politics and religion in order to avoid hot debates involved on these topics. In the present circumstances, especially whereby the social environment has become digital, it’s become very crucial to maintain an equilibrium so that each one can enjoy his right of freedom of speech in the most effective way. The most prominent platform for present digital social environment is ‘internet’ which has not only reduced the distances among the continents, but has also opened the opportunities for individuals to have their say on broader channels. This outgrowth in the outreach of common man’s voice has lead him to be confident on one hand and made others to suffer from the un censored voice. Law gives the right to speech, freedom of thought, freedom of choice, freedom of choosing a religion and changing beliefs. Though we have right for freedom of expression but this does not determine that we can use abusive language, make false statements, and defame others. References Internet Regulation law. Retrieved from http://bubl. ac. uk/LINK/i/internetregulation-law. htm Kirby, Carrie (2005). Chinese Internet vs. free speech Hard choices for U. S. tech giants Retrieved from http://www. sfgate. com/cgi-bin/article. cgi? file=/c/a/2005/09/18/MNGDUEPNLA1. DTL&type=tech Supreme Court Hears Two Cases Critical For Future Of Online Free Speech. Retrieved from http://www. aclu. org/scotus/2004/13918prs20050329. html

Wednesday, January 8, 2020

The Ethics Of The Antitrust Laws Essay - 1384 Words

Review Article on the purpose of the antitrust laws is to protect and support free competition Dr Gaurav Khanna, - Associate Professor, Madhav University, Rajasthan, India. Dr. Deepak Bhandari - Professor, FDDI, Jodhpur, Rajasthan, India. Abstract: As per review on many journal, articles and bylaws we come to know that it is not an alternate for sound lawful guidance and does not take the place of knowledgeable lawful counsel required in analyzing exact problems. Competition strategy encroaches ahead all aspects of marketplace able behavior and policy. In India, companies have to act in accordance with opposition laws, both in family member to transactions and marketplace able performance. Before the Competition Act 2002 came into outcome the MRTP Act, 1969 was the governing legislation in admiration of the competition guiding principle in India. In this article we would like to through light on safety towards free competitions, advertisement and promotions, monopoly power, different acts working under antitrust etc. we also through light on different aspects on you and your customer and competitors itself. We represent clients before the Competition Commission. We also conduct due industry with respect to all merger, acquisition, joint venture with suitable anti-trust safeguard procedures and policies. Keywords: Antitrust laws, free competition, legal allegations and penalties. Introduction : This discussion is not intended to be a legal treatise or a detailedShow MoreRelatedBusiness Ethics and Corporate Social Responsibility756 Words   |  4 PagesBusiness Ethics and Corporate Social Responsibility April Duhon DeVry University The United States has several laws that are intended to further fair, balanced, and competitive business practices. Do you think that such laws are effective? If so, why? If not, why not? 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