International Dispute Settlement
International Dispute Settlement
Question 1.
It guaranteed the protection of all parties involved and registered by the organization. Creating shared understanding through group discussions and cooperating as a team to achieve a goal.The first advantage is the collective retaliation where two organizations have reforms to evaluate a balanced trading economy by reducing the problem of compliance imbalance. Negative consensus power is a powerful tool and is useful in the global market if the majority member in the trading agreement wishes to protect the cooperation of the minority in board decision making. It is also built on a broader and stronger basis in the search for a reasonable solution neutral to every member concerning the issue raised and its effects on the members present.
What caused this process to be pioneered in the UNCLOS negotiations?
UNCLOS III was a negotiating strategy that was meant to connect the first world and third world countries so that they could become partners in multilateral relations. Previously, an active consensus was necessary for the UNCLOS III negotiations to take place. It demanded that the involved party states, would engage in informal negotiations and negotiate so that they could reach a consensus for the presented proposals. There were however instances where there was need to make an informal decision in case the parties failed to resolve the issue presented under case 42. The negative consensus therefore had be pioneered in the dealings to ensure the substantive decisions to ensure that some of these dealings pass without formal objections.
Question 2
Are the rules of war an illusion?
The legality of the war occurs around the world has always been questionable. Wars such as those in Iraq has been consdired illegal by some justified it by citing dictators such as Sadam Hussein as a valid reason to attach the Middle East nation. The illusion of war in this case was outright considering factors such as the low probability of Iraq attacking the US with weapons of mass destruction such as biological or chemical weapons. There was no evidence to support this assumption. This war was undeniably illegal. As such, this situation proved that the intertional law that is supposed to govern such occurences is nothing more than an illusion, just as it was before the three-week battle. The International law that should have been applied after the US destroyed the Iraqi lives and infrastructure is impotent because it was witnessed that the super power would not undergo any reprisal.
Given the changing nature of war in the century, are any rules of wartime conflict capable of being enforced. Comment
Over the years, the nature of war has undergone significant changes from the being a minor incident like organized theft, to transformation into imperial ones that involved acquisition of colonies and power. Some wars have also been of religious nature such as the Jihad. However, despite these significant changes, it is expected that the rules of war be enforced when there is need or a situation that demands for them to be applied. The rules of war can be argued to have been prompted by the Second World War. The intention was to set up a global system that would help in the maintenance of security and peace on a global scale. These rules can be implemented because of the presence of UN Charter’s Article 2(4), which prevents the member states from using force as a means to settle disputes. It is possible that there are instances where the nations might resort to force, however, the successful enforcement may be attributed to the law’s decentralized nature. The reason is that the involved countries have the chance to apply legal mechanisms that involves considerations of their own rights.
The system that governs these rules are evidently weak, however, the enforcement remains a possibility despite the change of times and nature of war because the participants that need reconciliation, supplant the situation with relative power considerations for them to determine the best form of compliance to apply in their situation. The individual states might find this option easy because applying self-help measures may lead to a rule enforcement that would last longer.
The enforcement of these war rules however changed ever since the administration of Bush, who blurred the distinction that was set to establish the procedure to followed. To enforce the rules during the time of peace, there are strict guidelines to be followed as set by international standards, however, lethal force for enforcement can be used in case a threat is eminent as long as they are within the “rules of law enforcement.
In conclusion, consensus decision making is a process that creates ownership and effective commitment to the community. The World Trade Organizations is an independent body with an interest in maintaining the support of developed countries to cater for their economic needs and wants. Exploration of improvements should take place within the workplace by following the rules on decision making. UNCLOS was formed to address the American concern on sea sailing and despite the disagreements, the organization was to prevent marine disputes. The vast nature of UNCOLS gives a framework to discuss future problems that might arise in the law of the sea and its provisions for additional progress regarding maritime protection. War rules need to be formulated in a way that members of the public are protected at all costs. Law enforcement has to be followed, and the government in power needs to work together with the individuals and the military to ensure that they protect the nation from attack by the enemy. Principle rules are formed to provide legal steps when a crime is committed by a foreigner and precautionary measures used in making judgments upon their accusation. Organizations should be involved when governments are fighting against each other for financial support and protection of human rights.
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