International Customs Law Case Study

International Customs Law Case Study Natasha Joseph Candoma and Rutamu are two neighbouring States along which the river Hope runs. This river contains a rare fish that both States regularly seek out. Due to the river being narrow, the two States have created a system that allows one State to fish, while the other waits until the first has left. One day, a vessel from Candoma was fishing when a vessel from Ruatmu approached. The latter vessel refused to halt, thus resulting in a collision of both vessels. The Rutamuan captain was arrested and tried in Candoman court (Abass, 2012, p. 66). The issue, in this case, is whether Rutamu breached International Customs Law when its vessel encroached upon Candomas vessel as the Candoman crew was fishing in the river Hope. The principles discussed within the chapter will be used as an aid in advising how both parties should argue their respective cases. According to Article 38(1) of the International Court of Justice, the governing rule of law in this dispute is Customary International Law (Abass, 2012, p. 27). Customary International Law is defined as the general and consistent practice followed by States, from a sense of legal obligation (Abass, 2012, p.34). The dispute between Candoma and Rutamu meet the criteria for customary international law, as without this custom, there were severe sanctions that followed. Consistent is defined as conforming to a regular pattern that is unchanging in agreement (Oxford Dictionary, 2010).   In this case, consistency and uniformity of practice are required to prove custom (Abass, 2012, p.39). Candoma constantly abided by the rules that were set out when the custom was created. Although, Rutamu, was not as consistent given the vessel breached waiting, a small degree or frequency will not prevent the formation of this customary rule (Abass, 2012, p.39). Therefore, the practice by Candoma a nd Rutamu over the course of several years demonstrates consistent behaviour. The two criteria for proving the existence of customs in International law are general state practice and opinio juris. General state practice is defined as the total sum of how States behave in respect of a particular issue or situation (Abass, 2012, p.37). In this case, the State of Candoma participated in general state practice. The party which relies on a customà ¢Ã¢â€š ¬Ã‚ ¦must prove that this custom is established in such a manner that it has become binding on the other party (Abass, 2012, p.39). Since Candoma relied on this custom by practicing it, they proved to Rutamu that there was a custom to abide by. Therefore binding Rutamu to participate in the custom. Although it may be argued that, Rutamu did not participate in general state practice. According to Akehurst a number of States participating is more important than the frequency or duration of the practice. Even a practice followed by a few States, on a few occasions and for a short period of time, can create a custom ary rule (Abass, 2012, p.38). In this case, both States needed to participate in the action of this custom in order for there to be a customary law. As this custom is a regional custom, all States against which a regional custom is claimed must have accepted it (Abass, 2012, p. 37). Therefore, this shows that general state practice has not been established. Opinio Juris is defined as the psychological element underscoring States belief that they are under a legal obligation to do, or to refrain form doing, an act (Abass, 2012,p.42). Official statements are not required when determining opinio juris; rather it may be gathered from, acts or omissions (Abass, 2012, p. 40). In this case, the State of Condoma expressed opinio juris through accepting the custom of waiting as law, believing that they were under a legal obligation to fulfill such an act. They reaffirmed opinio juris through general state practice. Although it may be argued, that Rutamu did not express opinio juris. This can be seen through the States actions. Rutamu had previously objected once to the waiting custom by writing to Candoma. The act of writing justifies that Rutamu did not believe in the custom of waiting. In a regional custom, States must demonstrate customary acceptance. In other words, it can be considered as an opt in process. Meaning, a particular State must have demonstrated acceptance of this law through State practice and opinio juris to participate in such a custom (Braley Rattai, 2017). Seeing that Rutamu did not express opinio juris, and wrote to Candoma justified the State was not bound to any law. This demonstrates that Rutamu did not breach waiting; therefore this shows that opinio juris has not been established. In conclusion, both parties have strong cases in relation to this dispute. Although, Rutamu did not breach the custom of waiting as it failed to express opinio juris and general state practice, which are required in participating in a regional custom. Therefore, this State did not participate in the waiting custom and was thus not bound to it making them eligible to freely fish at any given time they want. References (APA Style): Abass, A. (2012). Complete International Law: Text, Cases, and Materials (2nd ed.). Oxford: Oxford University Press. Braley Rattai, A. (2017, January 10). International Law: Theories and Sources. Lecture presented at University of Toronto, Scarborough. Oxford Dictionary of Current English. (2001). New York.

Case Study Fast Fashion Essay

After two decades of fast fashion popularity, retailers and consumers have come to realize one of its biggest issues, its impact on the environment. Can fast fashion and sustainability work together? Step 2 The affordability of Fast Fashion is one of the main reasons for its high demand. Lack of authenticity or Intellectual Property. Fast Fashion has forced retailers to desire low cost and flexibility in design. Lack of quality in production Rapid production prevents consumers to get an idea of what’s to expect. (Forecasting) Excess of production. Wastes of these products from the retailers and consumer harm the environment. Reveals what is exposed in runways and fashion shows ahead of time. Fast fashion exploits the young consumer by incentivizing impulse behavior. Consumers are getting used to buying more frequent. Due to such rapid turnover, there’s a lack of exclusivity. Step 3 1. Higher quality, lower quantity. Pros Better option for repair: The customer will rather repair a good quality garment than can last than an inexpensive low quality one. Customer satisfaction: Consumers will be happier with a better value product. Long life: Products that are of better quality will definitely last longer so the consumer wont be forced to dispose. For the retailer, there is a great possibility they may attract a variety of new consumers that do appreciate superior quality. As a result of lower quantity, garments will stand out by look fresher and spacious on the sales floor. Cons Retailers may suffer fewer sales. There is a possibility they may lose some of their usual customers. Fewer options, now that there is a lower quantity. Higher quality means it wont be as affordable for the consumer as it used to be. Companies may have to reinvent themselves and state the fact that they are now enhancing the quality of their products. Consumer will be unwilling to compromise on price. 2. Personalization of Clothing Pros Consumer will be satisfied with having a say in the creation of its particular product. This idea will attract and motivate many more consumers. It’s innovative and fun for the consumer. The design will be personalized and the consumer will want to keep. Cons May require more shopping time for the consumer Products may not be as inexpensive now that the retailer will cater to every individuals needs. Consumers of fast fashion may be disappointed that there will now be less variety. Consumers may not adapt to this idea and reject it. 2. No more wasting, get compensated! Recycle and Reuse. The system involves customers bringing all the used items back to the stores and getting compensated with either a discount or a minimal refund. This is to incentive the customer to care more instead of wasting and harming the eco-system. Pros Companies will be take back used garments and send them off to countries in need. Companies will be able to reuse and reproduce them. Customer’s ability to help other in need is facilitated by the companies they have purchased from. Customers get an incentive to bring items back after knowing they also get a discount/store credit/ refund.

Is Victor Frankenstein the Modern Prometheus?

Is Victor Frankenstein the modern Prometheus? Mary Shelley’s purpose in the subtitle of her book, Frankenstein; or, the modern Prometheus is to compare Victor Frankenstein and Prometheus, son of Zeus. By showing many similarities between the two, she has solid reasoning that Dr. Frankenstein is, in many ways, the â€Å"modern Prometheus. † Although both main characters create a problem they have no control over, they learn their lesson of tampering with the law of nature. It takes time, punishment, and tests for the both of them to understand their wrongdoings. Shelley’s book shows many similarities between Victor and Prometheus.In the beginning we are led to believe that Victor is a scientist who, through experiment and analysis, has the ability to re-create life. By using metamorphosis he uses old cadaver body parts to create an oversized and grotesque creature (Shelley, par. 91). Like Prometheus, Frankenstein created something he had no power or control over. Prometheus stole fire from the gods and gave it to humans, not only once but twice. In doing so, they both went against all laws of nature. While Victor Frankenstein created a nonhuman creature and Prometheus stole fire from the gods they were both punished very severely.After Dr. Frankenstein brought his creature to life, out of disgust, he ran away. â€Å"How can I describe my emotions at this catastrophe, or how delineate the wretch whom with such infinite pains and care I had endeavored to form? † (Shelley, par. 121). Frankenstein could not stand the sight of his creation. Looking at it made him queasy and ill. The monster’s oversized body and unsightly proportions brought Victor much agony. The creature, feeling abandoned, turned to rage and attacked Victor’s loved ones. His first victim was William Frankenstein, Victor’s beloved brother.Giving Victor little time to repair from his tragic loss, the creature attacked again. This time he lost his best friend, Henry Clerval. During these catastrophic events, Victor knew this was his fault. He created a monster who would continue hurting him by taking the life of the people he cared most about. The final death of Victor’s family was his darling wife, Elizabeth. The creature killed her out of revenge because Frankenstein would not finish the female companion he asked to be made. Frankenstein lost the people closest to him while Prometheus was punished in a very different yet, equal way.Prometheus felt that humans should be superior to the gods. Having more power and the ability to make tools and weapons, he gave them fire. Zeus was furious about this, seeing that he had taken fire away from them before. When Prometheus gave fire to man the first time, Zeus was enraged with anger and explained to Prometheus that fire was not a power man should hold. Defying Zeus, Prometheus gave it back to man anyways. This was not a gift Prometheus could bestow upon humans after it was taken away once. Later punished for his actions, he was sentenced to be chained to a rock with the company of an eagle, hungry for his liver.The eager bird picked at Prometheus’ liver each day as the sun would dissipate. Overnight his liver would grow back but he would endure this agonizing and excruciating pain all over again. Both men experienced brutal punishment. Prometheus was tortured physically, while Victor was hurt on an emotional level. After their punishment, both Dr. Frankenstein and Prometheus were given opportunities to prove themselves. The creature went to Victor and asked him to make a female companion. After seeing how compassionate the people he observed were, the creature wanted someone to share those feelings with. I demand a creature of another sex, but as hideous as myself†¦Ã¢â‚¬  (â€Å"National library of,† 1998). Dr. Frankenstein began assembling the body parts to build a female creature. It took him months, but before he finished he decided a gainst it. He thought about how he could not control the creature he already built. The thought of there being two of them out there in the world sickened him. Victor was tested by having the opportunity to craft a second monster. By refusing to do so, he finally learned that trying to play God is not a role to be taken lightly.After Dr. Frankenstein denied the creature a mate, he soon realized this was a good thing. Prometheus was tested in a similar manner. His father, Zeus, presented Prometheus with two options. As there was a prophecy that a child of Zeus would one day dethrone him, Prometheus, who had the gift of foresight, could tell Zeus the mother of the child who would do this to him. His second option was put into two parts, there had to be an immortal that was willing to die for him, as well as a human who could kill the eagle and break Prometheus’ chains.Chiron, the centaur who trained Hercules, was immortal and offered to give up his life for the sake of Promethe us. Hercules executed the eagle and broke the chains (â€Å"The creation of,†). Shelley used the resemblance between Victor Frankenstein and Prometheus in her book. By showing how these characters are alike in different aspects, she demonstrated how Dr. Frankenstein is indeed, the modern Prometheus. Both men took on the role of playing God by creating problems they could not manage. Even more so, they both attempted something only God could determine or have power over.While Victor Frankenstein created a monster out of cadaver parts, Prometheus disobeyed the Gods by giving man the power of fire. Each of them, being punished for doing so, learned their lesson. Shelley’s character of Victor shares similar traits as Prometheus. They were both very daring and audacious. Both men had the ambition to create; though it did not work in their favor it illustrated their likeness. Mary Shelley portrays Victor as a man who went against God and the law of nature. Similar to Prometh eus, Frankenstein was very head strong and unfortunately for both men it was too late to repair the damage they had committed.Dr. Victor Frankenstein is indefinitely, the modern Prometheus. Reference Page Shelley, M. (1818). Frankenstein; or, the modern Prometheus. London, England: Lackington, Hughes, Harding, Mavor, & Jones Publishing House. Retrieved from http://www. gutenberg. org/files/41445/41445-h/41445-h. htm The creation of man by prometheus. (n. d. ). Retrieved from http://www. greekmythology. com/Myths/The_Myths/Creation_of_Man_by_Prometheus/creation_of_man_by_prometheus. html National library of medicine. (1998, February 13). Retrieved from http://www. nlm. nih. gov/frankenstein/preface. html

Klansman and Dictator essays

Klansman and Dictator essays The Ku Klux Klan was very prominent and active in Southern Illinois in the 1920s. Many head officials and authorities were sympathizers of the Klan or part of the Klan themselves. However, one might ask how the Klan rose to such a high position in this area of the country during the time period, especially in the town of Herrin, Illinois. Because the Klan promised many different improvements to the people of Herrin, the Klan was able to control the town as its own and was accepted as ultimate authority. In 1923, when the KKK rose to power in southern Illinois, their beliefs were eye to eye with the townspeople. Both were primarily Protestant, and both hated and resented immigrants, especially Italians who drank wine and made up twenty percent of Herrin s population. Among the Klan rose fear of all who were not Protestant, calling all other religions crazy. Patriotism was also a key element of the Klan in post World War I era, and hatred for immigrants from Europe was popular and in full force. The Klan slogan of 100 percent American became a common saying and allowed others to take out their misfortunes on the immigrants. Because of a similar religious and cultural background and an overwhelming patriotism, the Klan was able to prosper in southern Illinois. After the passing of the 18th amendment, Prohibition, crime was at an all time high. Bootlegging, gambling, and prostitution were common, especially at roadways and other secret hideouts. Gangsters such as Charlie Birger and the Shelton Brothers enjoyed extreme power and were often above the law due to bribes and corruption. The crime ring seemed to center around Williamson County, Illinois, and the townsfolk grew restless as it struggled continuously to control it. In spite of this drastic problem, the Klan offered a simple and swift solution. They proposed that a series of raids would take place under federal authority, and stop all ille...

Dragons Blood essays

Dragon's Blood essays The title of the novel that I read is Dragons Blood. The author of Dragons Blood is Jane Yolen. The major character in Dragons Blood, Jakkin, is introduced after the prolog, and talks about how he is looking for a dragon. The reason why he wants a dragon is to fill his bond bag with gold for him. This means that he is a slave and wants to buy himself out of bondage. The setting of Dragons Blood is mentioned in the prolog. In the prolog, it states that the boy Jakkin lives on Austar IV, which is a desert planet. When I read this, I immediately thought that there most likely is an Austar III etc. On Austar IV, Jakkin lives in a nursery for dragons. This is where he steals his dragon. The plot of this book is about Jakkin, who is in bondage. He steals a hatchling from the nursery, and raises it as his own. The reason why he did this, is to free himself from bondage. Jakkin has an external conflict with Akki, Jakkins masters daughter. Jakkin also has an internal conflict with himself. The climax of Dragons Blood is when the dragon Red, also known as Hearts Blood, wins her first pit fight. She almost kills her opponent because the other dragon does Fools Pride. Fools Pride is when a really good dragon is defeated and starts to whine implying finish me now. If a dragon kills another dragon then the killer either gets slaughtered or goes straight to the stews. Instead Jakkin persuades Red not to kill the other dragon and therefore Jakkins Red wins the tournament. The resolution is when Jakkin is finally freed from bondage. Jakkins master Sarkkhan frees him. Sarkkhan becomes Jakkins sponsor because only the first match is free, the others cost money. Anyone who has the double k in his or her name is either a slave or was a slave. Jakkin Stewart is the main character, and he is fifteen years old at the present ...

Labor law and overtime Essay Example | Topics and Well Written Essays - 250 words

Labor law and overtime - Essay Example There is an exemption to-overtime-pay for employees working in police department, fire fighters, and employees working in the hospitals like nurses (Solis, 2012). Exemption from overtime applies to registered nurses and those who earn $455 per week. Nurses who receive an hourly pay will qualify for overtime. Additionally, labour laws give room for an agreement between the employer and the employees. A nurse can receive extra pay for working on weekends, on call, or working at night according to the agreement with the employer. There is a law that protects nurses from working overtime. According to New York Department of labour, restrictions on consecutive hours of work for nurses, law effected on 1 July 2009 prohibits healthcare employers from mandating overtime for nurses. This law covers registered professional nurses or licensed practical nurses that provide direct patient care through contracts with third party staffing providers. The law applies on part time bases, full time, and to nurses working under contracts, (â€Å"New York Department of labour,† 2012). It is not allowed for a nurse to engage in voluntary work ask for pay. At the time of employment, every nurse signs a contract that stipulates the terms of employment. A contract guides and binds the nurse, the employer to the terms recorded, and nothing outside the contract is

HEALTHCARE PRINCIPLES AND POLICIES Essay Example | Topics and Well Written Essays - 2750 words

HEALTHCARE PRINCIPLES AND POLICIES - Essay Example social target of governments and WHO on the coming decades should be (1) â€Å"the attainment by all citizens of the world by year 2000 of a level of health that will permit them to lead a socially and economically productive life,† for brevity called â€Å"Health fro All† (2) with the adoption of health a san integral part of socio-economic development by the united Nations in 1979 (3) health, while being an end in itself, has also become a major instrument of overall socio-economic development and the creation of a new of a new social order. â€Å"Health† is one of those terms which most people find it difficult to define although they are confident of its meaning. Therefore, many definitions of health have been offered from time to time, including the following: But the widely accepted definition of health is that given by the World Health Organization (1948) in the preamble of its constitution, which is as follows: â€Å"Health is a state of complete physical mental and social well being and not merely an absence of disease or infirmity†. In recent years, this statement has been amplified to include the ability to lead a socially and economically productive life. The WHO definition of health has been criticized as being too broad. Some argue that health can not be defined as a â€Å"state† at all but must be seen as a process of continuous adjustment to the changing demands of living and of the changing meaning meanings we give to life. It is a dynamic concept. It helps people like well, work well and enjoy themselves. The WHO definition of health is therefore considered by many as an idealistic goal than a realistic proposition. In spite of all limitations, the concept of health as defined by WHO is broad and positive in its implications; it sets out the standard, the standard of positive health. It symbolizes the aspirations of people and represents an overall objective or goal towards which nations should strive. In recent years, we have acquired a new