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Sample Essay on Lobbying and Legal Advancement

December 8th, 2016 Comments off

lobbying-essay
In a modern democratic society there are many different voluntary associations of people (interest groups) seeking to bring their requirements and demands to the authorities. Some of them use economic means of influence, others use discreet ways and act in the corridors of power which promote the adoption by authorities of various solutions using formal and informal relationships in government.

The most common form of influence made by these organizations on governmental authorities is called lobbying. Sometimes it is associated with corruption and illegal methods of influence on decision-making process by government bodies. As a rule, lobbyists act as intermediaries in different kinds of transactions between interest groups and politicians, including legislators and members of the government, thereby making significant influence on the formation of political course of the country.

Lobbying is important for various spheres of society. At the same time it has both positive, and negative effects. Among the advantages we may find the fact that lobbyism is a tool of interaction between representative and executive bodies. It can be seen as a way of mutual balancing and reconciliation between a variety of interests. Lobby groups, defending sometimes diametrically opposed interests, help to preserve the balance of different groups and reach consensus in decision-making process. Also, it creates opportunities for minority interests, therefore acting as a specific form of manifestation of political pluralism.

Concerning the disadvantages of lobbyism, it can significantly affect stability and operation of public policy. Some measures can appear under certain conditions in the form of social injustice manifestation. On the one hand, it promotes the “improvement” of society due to constant accommodation of interests between the state and civil society respectively, and on the other hand, it could lead to formation of a criminal state, defending narrow group interests and shaking the stability of society. Lobbying in the media, which, due to its powerful influence on the minds and behavior of people in politics, is called as “fourth branch of government.” Lobbying in the West and in the United States of America is rather a prestigious type of activity, some people call it as “fifth branch of government”.

In different countries, lobby procedure is regulated differently. Concerning the model that exists in the United States of America, back in 1946, America had a special law (Federal Regulation of Lobbying Act), which guarantees the right of citizens to apply to the authorities with complaints. Under this law, lobbyists are required to register with the Secretary of the Senate and Clerk of the House of Representatives, notifying their area of ??interest. Lobbyists must also provide a written statement with the following data: name and address of their establishment; name and address of the employer; terms of employment; amount of remuneration paid to them. By the way, the law does not limit the amount of money spent on lobbying, but it is prohibited to use federal funds. In addition, lobbyists provide the relevant bodies with their financial report four times a year.

Lobbying is a mediator between the society and the state, attracting the attention of authorities to the urgent social and political problems.

Resources:

  1. Cave, T. (2016). The truth about lobbying: 10 ways big business controls government. [online] the Guardian. Available at: https://www.theguardian.com/politics/2014/mar/12/lobbying-10-ways-corprations-influence-government.
  2. Fagan, C. (2016). What is ‘lobbying’ and its link to corruption? | Space for Transparency. [online] Blog.transparency.org. Available at: http://blog.transparency.org/2009/09/14/what-is-%E2%80%98lobbying%E2%80%99-and-its-link-to-corruption/
  3. org, (2016). Influence & Lobbying | OpenSecrets. [online] Opensecrets.org. Available at: https://www.opensecrets.org/influence/
  4. gov. (2016). Union Members Summary. [online] Available at: http://www.bls.gov/news.release/union2.nr0.htm
  5. org. (2016). 5 Digital Governance Models. [online] Available at: http://www.aedev.org/ict4d/www.knowledgefordevelopment.com/ICT4D03SP/pub/Phases_of_eGovernmenthw4.htm

Sample Essay on Global Intellectual Property Regime

December 8th, 2016 Comments off

intellectual-property-essay

Twenty-first century is often called the time of intellectual and informational evolution, century where knowledge and intellectual potential are highly valued and appreciated by people. It is well known that knowledge is power, but it is also wealth. Not only physical type of work has to be valued and paid, intellectual work too.

Nowadays, people are constantly faced with products protected by intellectual property. We read books, watch movies, listen to music, and this is a small part of what intellectual property involves. The term “intellectual property” is widely used these days all over the world. In 1967 Stockholm Convention was signed. On its basis the World Intellectual Property Organization (WIPO) was founded.

Intellectual property products consist of advances in science, literature, art and other forms of creative activity in manufacturing, including discoveries, inventions, innovations, designs, computer programs, databases, expert systems, know-how, trade secrets , trademarks, trade names and service marks. The concept of intellectual property, in particular copyright concept takes its roots since in times of ancient Greece.  Legislators of that time acknowledged social, political and economic value of works of literature and art. Creations of writers and poets were presented to the public in an undistorted form.

It was England, where in 1710 the first intellectual property law was adopted, known as the “Statute of Anne” containing one of the most important principles of writing – principle of “copyright”, the right for protection of published work, prohibition on duplicating the work without author’s consent. For every intellectual property product people got a rewarding fee. Such people were subsidized by governors, their prosperity was entirely dependent on the goodwill of the latter. For example, Leonardo da Vinci was forced to admit: “I serve to those people who pay me.”

It should be noted that, historically, the main factors that influenced the formation of the Institute of Intellectual Property were: division of labor, separation of intellectual work into particular type of activity, transformation of intellectual products of labor into commodities, their involvement in the trade market.

Although the system of intellectual property protection in the world meets international standards, the system itself is very imperfect. There is a need to develop new principles of protecting the rights of owners of intellectual property. Among the most common types of current intellectual property and copyright violations are the use of objects without signing any contracts or agreements with the author-owner, or no indication of the author’s name when using the product.

The rapid growth of the role and value of intellectual property in the socio-economic development of society, implementation of creative intellectual work as the most important factor for successful production and commercial operation of modern high-tech enterprises, increase of their competitiveness in domestic and foreign markets complicates the creation of a reliable and effective protection system of intellectual property.

Intellectual property on a global level has become the driving point that will give a powerful push to development of economic security and value of labor. Introduction of laws on intellectual rights gives us the green light to build prosperous, intellectually-oriented society.

Resources:

  1. int. (2016). WIPO – World Intellectual Property Organization. [online] Available at: http://www.wipo.int/portal/en/index.html
  2. 99designs Blog. (2013). 5 famous copyright infringement cases (what you can learn). [online] Available at: https://99designs.com.au/blog/tips/5-famous-copyright-infringement-cases/
  3. org.au. (2016). Find an Answer. [online] Available at: http://www.copyright.org.au/acc_prod/ACC/Find_an_Answer/ACC/Public_Content/Find_an_Answer.aspx?hkey=b0de2cd4-daa3-47da-95a5-1e7ecdc8dddc
  4. qld.gov.au. (2016). What are my rights as a holder of a registered trademark? | Queensland Government. [online] Available at: https://www.business.qld.gov.au/business/support-tools-grants/tools/intellectual-property-info-kit/browse/names/registered-trademark-rights
  5. Anti-abuse.org. (2016). What Does Copyright Law Protect? | The Anti-Abuse Project. [online] Available at: http://www.anti-abuse.org/what-does-copyright-law-protect/

Sample Essay on Victimless Crime The Relativity and Enforcement

October 10th, 2016 Comments off

law-essay
It is said that “Ignorance of the law is no excuse“, but actually nowadays people can find any excuse for the committed crime and have even invented the term “victimless crime”. The following notion is used to refer to the actions that are forbidden by law, but cause no direct harm to health and rights of other people. It includes prostitution, gambling, abortions, ecological crimes, drug abuse. Such victimless crimes give way and promote to commitment of secondary crimes in future, called would-be crimes.

More and more offenders and new crimes are being made every day. The United States of America has the highest level of crimes commitment and this country takes the first place in the world for the number of prisoners present per 100 000 population.

There are people who state that there is no such term as “victimless crime”. Victimologists believe that there are no crimes that are really victimless. Something or someone is always in danger, hurt or offended.  But there are people who state there are a lot of types of victimless crimes, thus the term is considered to be vague and abstract in terms of its classification.

First, crimes committed by mutual agreement, as a rule, they don’t do any harm to any party involved.

Second, crimes where harm is self-inflicted, like suicide or drug abuse.

Third, crimes against abstract “society” or group of people without any victims, e.g. driving without fastening the seat belts.

Fourth, crimes against specific or non-physical “victims”, for example against the government.

Fifth, crimes against specific “victims” associated with “victims” who do not allow to commit a legalized offense against them.

In every democratic society, adoption of a law that punishes “victimless crime” eventually leads to the abolition of the law, as it has previously happened with the criminal prosecution of homosexuality in most democratic countries at the end of the XX century. For the time being there are myriad of cases where the status “victimless crimes” was given. The Netherlands had legalized marijuana smoking, both for citizens and for foreign tourists. In Australia and Portugal it is allowed to keep no more than 50 grams of marijuana. “Prohibition Law” in the United States was canceled, and there is a tendency for the legalization of cannabis and other “illegal substances”, both in the USA and in other countries. Prostitution is legal in countries such as Argentina, Australia, Brazil, Canada, Colombia, Costa Rica, France, Germany, Greece, Mexico, Italy, Israel, and many other countries.

When all is said and done, every person is responsible for his or her deeds and has to stand trial in case of any crime committed. And it doesn’t matter whether it’s a serious or a petty crime, there is always a victim and a guilty party that has to answer for the actions made.

References:

  1. Victims’ Code, victim Support. [online] Available at: http://www.victimsupport.org.uk/help-and-support/your-rights/victims’-code [Accessed 10 May 2016].
  2. The Myth of the Victimless Crime by Melissa Farley, March 12, 2008 http://www.nytimes.com/2008/03/12/opinion/12farley.html?_r=0
  3. Are Data Breaches A Victimless Crime? By Paul Roberts, September 28, 2015 https://digitalguardian.com/blog/are-data-breaches-victimless-crime
  4. The fallacies of “victimless crime” and “idiot tax” by Paul Cooijmans, January 2010 http://paulcooijmans.com/ethics/victimless_crime.html
  5. Protecting the Victims of the “Victimless Crime” by Samuel Hall for GlobalJusticeBlog.com, May 24, 2016 https://www.law.utah.edu/protecting-the-victims-of-the-victimless-crime/

Sample Essay on the Continuity of Government Armageddon Backup Plan of the US

October 10th, 2016 Comments off

government-essay

Despite various catastrophes, disasters, natural calamities and wars that take place these days, humanity continues to believe in a better tomorrow and eternity of the Universe. But what if one day the world ceases to exist and we all die? Will money and backup plans save us and help us to preserve our lives? But even being rich and influential doesn’t necessarily mean we can come up with a functional back-plan or a safe haven in case of armageddon or apocalypse. While we are thinking about the options, government authorities have everything planned long in advance.

Specially constructed emergency center called Mount Weather Emergency Operations Center (MWEOC) is another top-secret military base which is located in the mountains of the USA. It plays an important role in the USA continuity of state plans. It is situated in the city Berriville (Clarke County, Virginia). The purpose of the operations center is to protect military elite, high-ranking officials in case of large-scale disasters. The facility started functioning on November 9, 1965 during the times of Northeastern power blackout and continues to operate today as the emergency center in case of disasters or natural calamities.

Today, the Center is administered by the Federal Agency for Emergency Situations of the United States. In the case of a global catastrophe Emergency Operations Center Mount Weather will be a place for the evacuation of Washington politicians and other state figures. Numerous residential and recreational above-ground and underground facilities, radio and television stations, crematorium, hospital can be found on the territory of the Center. Mount Weather operates on the autonomous level, it has its own fire and police departments, own leaders and own regulations.

Mount Weather consists of eight functional groups, such as The Virginia National Processing Center (VNPSC) with a core aim to help individuals who suffered from any disaster. The Disaster Finance Center (DFC) is responsible for the compensation, expenses and financial management to the impacted party. The Disaster Information Systems Clearinghouse (DISC) provides the necessary information on any possible catastrophe. The Disaster Personnel Operations Division (DPOD) is responsible for the efficient work of the personnel and the fast feedback to those who suffered in a disaster. The Agency Logistics Center (ALC) provides the needed material and transfers the goods to the hurt party. The Conference and Training Center (CTC) functions as the means of holding different events on the territory of the Center. The Information Technology Services Division (ITS) makes sure that all the necessary communication support and technical equipment are provided. Mount Weather Management Division (MWMD) is responsible for the health care, water, transportation, electrical power and other types of basic service.

To sum up, US continuity operation plan is not just a simple backup plan in case of armageddon, but a serious standing military operation with a lot of classified information.

References:

  1. State of Emergency and “Continuity of Government”: What is the Real Reason the Government is Spying on Americans? By Washington’s Blog, October 08, 2013 http://www.globalresearch.ca/state-of-emergency-and-continuity-of-government-what-is-the-real-reason-the-government-is-spying-on-americans/5338508
  2. Continuity of Operations. Official website of the Department of Homeland Security, November 11, 2016 https://www.fema.gov/continuity-operations
  3. Continuity of government police state by Marc Ambinder, National Journal Website, April 11, 2011 http://www.bibliotecapleyades.net/sociopolitica/sociopol_bigbrother54.htm
  4. Shadow Government Is at Work in Secret by Barton Gellman and Susan Schmidt, Washington Post Staff Writers, March 1, 2002 http://www.washingtonpost.com/wp-dyn/content/article/2006/06/09/AR2006060900891.html
  5. Continuity of Government: The hidden government group linking JFK, Watergate, Iran-Contra and 9/11? By Peter Dale Scott, October 05, 2014 https://www.sott.net/article/286936-Continuity-of-Government-The-hidden-government-group-linking-JFK-Watergate-Iran-Contra-and-9-11

The Bloodiest Shooting in the US History The Orlando Case Essay Sample

August 18th, 2016 Comments off

killer-essay

They say it doesn’t matter what the color of your skin is, what religion you have or what country you originally come from. Sexual orientation however remains a difficult issue despite everything. Despite the fact that gays and lesbians are no longer a surprise for the people all over the world, homosexual marriages are legalized in a lot of countries and homosexual families can even adopt a child, some people do act aggressively towards them by not accepting such behavior. The proof of this is the mass shooting that took place in Orlando gay club, USA.

On June 12, 2016 a lot of clubgoers were enjoying the “Latin Flavor” event in a gay nightclub Pulse, Orlando when suddenly numerous gunshots were heard. In the early morning hours 32 year old security guard Omar Mir Seddique Mateen killed 49 people in the nightclub. Apart from the killed and the wounded there were hostages who decided to hide in the bathroom when the massacre started. People who were trapped inside the club texted and called their relatives and friends desperately crying for help.

The killer decided to call 911 and pledged the allegiance to ISIS and also mentioned the Boston Marathon event. Omar Mateen was well organized and well prepared for the shooting, he carried an assault rifle and a pistol into the club. Police crashed inside the club with stun grenades, armored vehicle and killed Mateen.

The attack was denounced by various groups, including the Afghan President Mohammad Ashraf Ghani, Vatican, the Council on American-Islamic Relations. American President Barack Obama called the shooting “an act of terror and hate” towards lesbians, gays, bisexuals, transgender and others.

Parents of Omar Mateen claimed no connection of their son to ISIS and don’t consider him to be a very religious person. Nevertheless, police had to evacuate around 200 people from the Fort Pierce apartment complex he lived in because of the fear to find any possible explosives. In 2013 and 2014 Omar Mateen who was 29 years old at that time was interviewed by the FBI, but was released shortly after as he wasn’t found a threat according to the FBI.

According to his ex-wife Sitora Yusufiy, Mateen acted as a normal husband at the very beginning of their marriage, but started abusing her after a couple of months. That was the reason they decided to have a divorce. Not being diagnosed with any mental disease, Mateen’s ex-wife considers him to be bipolar.

There were other deadly shootings in the USA before, such as shooting in Charleston, SC, 9 casualties; Aurora, CO, 12 casualties; Littleton, CO, 14 casualties; San Bernandino, CO, 14 casualties; Newtown, CT, 26 casualties; mass shooting in Blacksburg, VA, 32 casualties and Orlando, FL with more than 49 casualties and 53 wounded people. But Orlando shooting is considered to be one of the most terrible mass shootings in the US history with the biggest amount of casualties.

Whatever arguments we may have for or against homosexual, bisexual, transgender people it doesn’t give us a right to kill. All men are created equal and have a right to choose.

References:

  1. Ralph Ellis, Ashley FantzFaith Karimiand Eliott C. McLaughlin, CNN. Orlando shooting: 49 killed, shooter pledged ISIS allegiance. June 13, 2016. Web. ‹http://edition.cnn.com/2016/06/12/us/orlando-nightclub-shooting/›.
  2. Gregor Aisch, Larry Buchanan, Joe Burgess, Ford Fessenden. New York Times. What Happened Inside the Orlando Nightclub. June 12, 2016. Web. ‹http://www.nytimes.com/interactive/2016/06/12/us/what-happened-at-the-orlando-nightclub-shooting.html›.
  3. Ian Millhiser. Thinkrogress.org. Congress’ Response To Orlando Shooting Is To Try To Legalize Discrimination. July 11, 2016. Web. ‹http://thinkprogress.org/justice/2016/07/11/3796693/congress-first-lgbt-rights-hearing-since-orlando-bill-legalize-discrimination/
  4. Anne Claire Stapleton and Ralph Ellis. CNN. Timeline of Orlando nightclub shooting. June 12, 2016. Web. ‹http://edition.cnn.com/2016/06/12/us/orlando-shooting-timeline/›.
  5. Lizette Alvarez. The New York Times, US. Orlando Gunman Was ‘Cool and Calm’ After Massacre, Police Say. June 13, 2016. Web. ‹http://www.nytimes.com/2016/06/14/us/orlando-shooting.html›.

Microsoft vs European Union Essay Essay Sample

August 18th, 2016 Comments off

microsoft-monopoly-essay

It’s said that eggs and promises are easily broken and it’s always easy to give a promise, rather than keep it.  There is nothing worse than a broken promise, especially when this promise costs $732 million and a lot of troubles. The European Union fined Microsoft Corp for the disrespect of the promise given earlier. Binding commitment and a promise, given by Microsoft in 2009 was not kept and had cost Microsoft Corp $732 million in the way of a fine given by the EU’s antitrust body.

According to the commitment, given by Microsoft in 2009, it offered the users a chance to choose the Web browser they preferred. Microsoft agreed to change Windows for five years and gave the users of newly bought computers in Europe a ballot screen due to which everyone could easily download other browsers from the Internet and turn off Microsoft’s browser, Internet Explorer. At the end of 2011 it has been reported by Microsoft representatives to the EU’s commission that the obligation had been kept, but after the investigation it turned out that it was violated.

According to the Microsoft spokesman the following situation occurred due to some technical errors and a promise to fix and elaborate the problem in future was given by the Microsoft Corp representatives. There were previous disputes between the EU’s antitrust institution and Microsoft Corp before. In 2004 Microsoft was accused of abusing its market position and was fined as it linked Windows Media Player to the Windows software package again leaving no choice to the users.

According to the investigation, Microsoft Corp failed to follow the obligation and as a result, 15 million users didn’t get a chance to select the browser they wanted. For the first time in history the EU and European Union’s antitrust authorities fined a corporation for the neglect to perform the obligations. According to the deal, EU’s antitrust committee can put a fine of up 10% of a company’s global annual sales, but the real fine represented 1% of Microsoft’s annual sales as the corporation cooperated easily with the committee and took no stand. Of course, for the company like Microsoft with $68 billion reserves it’s not a problem to cover such fine. It is estimated that when we compile all the issued fines against Microsoft Corp over the past decades it will be more than 2.2 billion euros.

According to the EU’s representative Joaquin Almunia, this situation will encourage a lot of companies and enterprises to give a great deal of thought before making any promises. What is more, it will serve as a warning to other corporations. Joaquin Almunia called the deal made in 2009, the actions of EU’s representatives and the people who believed this promise to be more than naive. There are other companies apart from Microsoft that are under investigation. Among them is Google for the way it ranks search engine results and another major technology company Samsung Electronics.

To sum up, a deal is a deal and any non-compliance, especially when it comes to such a world-known corporation as Microsoft will cost a fortune with inevitable fine.

References:

  1. European commission. Press release. Antitrust: Commission fines Microsoft for non-compliance with browser choice commitments, 6 March 2013, Brussels. Web. ‹http://europa.eu/rapid/press-release_IP-13-196_en.htm›.
  2. Dawn Kawamoto. CNET News.com. EU slaps Microsoft with $1.35 billion fine. 6 March, 2013. Brussels. ‹http://www.cnet.com/news/eu-slaps-microsoft-with-1-35-billion-fine/›.
  3. Foo Yun Chee. EU fines Microsoft $731 million for broken promise, warns others. 6 March, 2013. Brussels. Web. ‹http://www.reuters.com/article/us-eu-microsoft-idUSBRE92500520130307.
  4. Vanessa Mock. EU Fines Microsoft $732 Million. 6 March, 2013. Brussels. Web.‹http://www.wsj.com/articles/SB10001424127887323628804578343843582306944›.
  5. Joh Letzing. European regulator fines Microsoft $1.35 billion. 27, 2008, San Francisco. Web. ‹http://www.marketwatch.com/story/european-regulator-fines-microsoft-135-billion›.

Essay Sample: Police Killing Black Men

August 18th, 2016 Comments off

police-brutality-kill-essay

Nowadays, the majority of racial prejudice cases in the USA is quite subtle. Together with that, they tend to reappear in stealthier ways that they did one or two decades ago. The researches have shown that the issue of racial prejudice can be traced in how teachers tend to punish misbehaving students, how employers see their potential hires or how the sales experts make their choices when it comes to assisting clients at high-end stores. As a rule, it happens somewhere on the subconscious level, where race-based evaluations take place.

The latest research on the subject has revealed that almost every individuals tends to carry the so-called racial prejudice, also known as the ‘implicit bias.’ When talking about policemen, the implicit bias appears to be a great concern mainly due to the devastating effects it brings.

There are representatives of the law enforcement area, who realize how tragic the implicit bias effects can be. But the reality is that no one seems to understand it more than the individuals, who actually live in the areas, where racial conflicts are mainly caused by the police. When it comes to the reaction to police killings since the tragedy with Michael Brown in Ferguson it becomes clear that the whole system makes such shootings disproportionately common.

A University of South Florida expert Lorie Fridell exerts every effort to help cops stay away from subconscious biases, especially when it comes to black men. Fridell insists on her viewpoint that policemen have a range of stereotypes and prejudice that together come with outward hostility. In their everyday work, cops have the right to use force depending on their personal perception of what threat is. More often than not, their viewpoints are far from rational. Of course, they do not always use force, but the level of unreasonable injuries remains high.

The experts of the University of Colorado Boulder and California State University Northridge have thoroughly investigated the decade of empirical evidence regarding the police officers and implicit bias. They have found that if some cops tend to automatically consider Afro-Americans more dangerous, they are more likely to make use of deadly force against black men that is not illegal, however, unnecessary.

The researchers found cops seem to possess the so-called implicit bias. The latter is reported to make them more likely to kill black men than people with white skin. But the authorities can change the situation through professional training that will help cops perform better and, as a result, show less implicit bias.

The other investigation found that not only police officers, but the public as well, tend to view individuals with black skin less innocent regardless the situation. According to the study published in 2014 by the specialists of the Journal of Personality and Social Psychology, 176 individuals were tested. The group of people included mostly white, male cops.  Each of them was tested to find out whether they had the so-called unconscious dehumanization bias against Afro-Americans. The results of the research should make us stop for a while and think about our attitude toward the world around. More often than not, black people were dehumanized and considered to commit the worst kind of crimes.

References:

  • Ronald Chisom & Michael Washington, Undoing Racism: A Philosophy of International Social Change. New Orleans, People’s Institute Press, 2nd ed., 1997.
  • John Henrik Clarke, “White Nationalism,” (a tape aired on KPFA during African Mental Liberation Weekend, early 1990’s.
  • Audrey Smedley, Race in North America: Origin and Evolution of a Worldview. Boulder: Westview Press, 1993.
  • Rodolfo Acuña, Occupied America: A History of Chicanos. NY: Harper Collins, 1988. Third Edition.
  • Karin Aguilar—San Juan, Editor. The State of Asian America: Activism and Resistance in the 1990’s. Boston: South End Press, 1994.
  • Marimba Ani, Yurugu: An African—Centered Critique of European Cultural Thought and Behavior. New Jersey: African World Press, 1994.
  • Winthrop D. Jordan, White over Black: American Attitudes toward the Negro, 1550 — 1812. New York: Norton & Company, 1965.

Essay Sample: What Is International Extradition?

August 18th, 2016 Comments off

international-law-essay

When it comes to extradition, the term means legal process by which an individual gets transferred from one place to the another without his or her consent. To cut it, that’s how authorities do their best to make sure people won’t evade justice. When someone does something illegal in a state and then sets off to the other one, he or she can be sent back to the state, where the crime was committed to face the justice. However, in case there’s no solid provision for extradition, individuals can escape from law through changing their current location.

Now let’s take a look at what international extradition is. The term means the formal process by means of which an individual found in one country gets surrendered to the other to face the punishment or just the trial. This is regulated and conducted between two governments – the one of the USA and the other of a foreign state.

When a criminal of nation A makes an effort to escape from justice by moving to country B, country A can make a special request to the nation B. The extradition treaties are then signed and, as a result, the criminals are being transferred to the requesting country. But it is necessary to point out that this criminal transfer can be performed only by keeping in mind that all sovereign policies of the other countries should be respected. What is more, a country cannot surrender an individual to the other nation in case it goes against the constitution of the nation. In case there are no valid treaties provided between the countries, international law gives the right to suspend transfer of the fugitive to the foreign land. When demanding the fugitive surrender, the country must provide a properly written request that should be then sent by means of diplomatic channels to the appropriate justice ministry.

An interesting fact about international extradition is that a lot of countries all over the globe won’t extradite their own citizens to face the punishment or trial since that’s prohibited by their constitutions. For instance, Russian Federation argued that its constitution banned it from extraditing well-known Andrei Lugovoi, who tried to kill dissident Alexander Litvinenko in London in 2006.

As for Germany, this country also has a solid constitutional law. In case the court considers the request not proportionate, the representatives of the Constitutional Court have the right to block the extradition. The other example is about the Netherlands. Nation also tends to send a request that a person accused of crimes committed in the other country is sentenced only in the Netherlands. France in turn, provided refuge to famous Roman Polanski, wanted by the United States after fleeing before the he could be sentenced for having sex with a 13-years old girl, due to his French citizenship.

Taking into accordance the recent challenges that are now being faced by the global community, it is more desirable that each of the international crime perpetrators be brought to justice only in the courts that are efficient enough to try them. But the reality is that international law makers do not seem to adequately cooperate to ensure such trials are held.

References:

  • Cadle v. Cauthron, 266 Ark. 419 (Ark. 1979).
  • Pajkanovic v. United States, 353 Fed. 183 (11th Cir. Fla. 2009).
  • Markham v. Pitchess, 605 F.2d 436 (9th Cir. Cal. 1979).
  • Nanda & David K. Pansius, Litigation of International Disputes in U.S. Courts § 10:21 (2d ed. 2013) (detailed discussion of the implications of the Convention Against Torture for extradition law).
  • Cryer et al, Introduction to International Criminal law and Procedure: Principles, Institutions (2007) Cambridge University Press.
  • Joseph et al, The International Covenant on Civil and Political Rights: Cases, Materials, and Commentary (2005) 2nd Ed. Oxford University Press.
  • Nicholls et al: The Law of Extradition and Mutual Assistance (2007) 2nd Ed. Oxford University Press.

Panama Archives Offshore Leak Essay Sample

June 29th, 2016 Comments off

Panama Offshore Leak Essay Sample

It’s on the 3rd of April, 2016 when astounding and shocking news had suddenly shaken the world. A firm, based in Panama, known as “Mossack Fonsec” had the biggest information leak ever dated in history. The Panamanian law firm, famous for selling offshore shell companies, practicing corruption and shady business got exposed  to the entire world. Having the offices all over the globe, selling shell companies took place mostly in Zurich, London, and Hong Kong, providing “absolute confidentiality” to both a client and customer.

But despite the years of existence and successful clandestine business schemes the disaster was inevitable. Among the records there was classified information on mafia group leaders, criminals, tycoons, billionaires, entertainers, athletes, drug barons, socialites and others. More than 200 politicians were also mentioned on  Panama Papers leak list, proving the fact that the firm assisted the officials in tax evasion, sanctions machinations and money laundry procedures.

More than 11.5 million papers and information on more than 12 current and former leaders, including Saudi Arabia’s King Salman, pro-Western President of Ukraine Petro Poroshenko, Russian President Vladimir Putin and other Russian officials, Pakistan and Iceland leaders prove the large scale of the leak. Taking into consideration all the names on the list, one thing is certain, such business is not legal and what is more, the revealed names of the people on the list will have to bear responsibility as set forth by laws.

The entity responsible for the information leak asked to remain anonymous and the information disclosure was published by the International Consortium of Investigative Journalists (ICIJ) in a German newspaper, called “Süddeutsche Zeitung, it was also issued in BBC newspaper a year later. More than 2.6 terabytes of data information, dated from 1977 to 2015 shows that Panamanian firm worked with more than 14,000 bank facilities, law firms, company entrepreneurs and other businessmen to set up clandestine companies, infrastructures and trusts for potential customers.

“Panama documents” or “Panama archives” are the records that were found during the investigation on the offshore business conducted by people with ties to the President of Russian Federation Vladimir Putin. Sergei Roldugin, a close friend of Vladimir Putin is in the center of the leak scoop. According to the records, hundreds millions dollars were sent from Cyprus “daughter” VTB bank to RCB Bank. There were also numerous money transactions connected to “Gazprom” and “Rosneft” shares. More than 2 billion dollars were sent through shell banks belonging to Putin’s associates. Still, there are a lot of companies, the true owners of which remain unknown and not found.

To sum up, Panama leak amounts to more documents than the combined total of Lux Leaks, Wikileaks Cablegate, Swiss Leaks and Offshore Leaks due to the great number of various e-mails, photo files, pdf files and its scale.

References:

  1. Rash, W. (2016). Panama Papers Breach Reveals Astonishingly Lax Network Security. [online] Eweek.com. Available at: http://www.eweek.com/security/panama-papers-breach-reveals-astonishingly-lax-network-security.html [Accessed 23 May 2016].
  2. ICIJ, (2016). The Panama Papers: An Introduction. [online] ICIJ. Available at: http://panamapapers.icij.org/video [Accessed 21 May 2016].
  3. ICIJ 2, (2016). Stairway to Tax Heaven. [online] Panamapapers.icij.org. Available at: https://panamapapers.icij.org/stairway_tax_heaven_game/ [Accessed 21 May 2016].
  4. Ronderos, M. and Lipstas, A. (2016). The Investigative Journalism Collaboration That Produced the Panama Papers. [online] Open Society Foundations. Available at: http://www.opensocietyfoundations.org/voices/investigative-journalism-collaboration-produced-panama-papers [Accessed 21 May 2016].
  5. Sambrook, R. (2016). Panama Papers: the nuts and bolts of a massive international investigation. [online] Newstatesman.com. Available at: http://www.newstatesman.com/politics/media/2016/04/panama-papers-nuts-and-bolts-massive-international-investigation [Accessed 21 May 2016].
  6. Yong, W. (2016). Perspective: Panama Papers and ‘responsible’ journalism. [online] Aljazeera.com. Available at: http://www.aljazeera.com/programmes/listeningpost/2016/04/perspective-panama-papers-responsible-journalism-160413130112792.html [Accessed 21 May 2016].
  7. Krieger, M. and Dad, T. (2016). Are Corporate Gatekeepers Protecting Western Elites from the Leaked Panama Papers?. [online] Liberty Blitzkrieg. Available at: https://libertyblitzkrieg.com/2016/04/04/are-corporate-gatekeepers-protecting-western-elites-from-the-leaked-panama-papers/ [Accessed 25 Apr. 2016].

Essay Sample: What Is Embargo?

June 29th, 2016 Comments off

What Is Embargo

Good trade relationships with all nations, ability to buy and sell products not just within domestic territory, but to other countries as well is pivotal to the successful and prosperous economy in the country. But what if such abilities become limited, or, what is worse, banned one day? Moreover, such sanctions can be placed legally and doing so is a prerogative of every nation. This is when embargo is set.

Embargo is a regulation adopted by the government that restrains the commerce or any trading exchange process with a stated country. It influences the economy of the affected country in a disrupting way and leads to negative consequences. Such policy decision may be adapted due to hostile political relations or economic circumstances that appeared between the two or more countries.

Imposing sanctions and embargos is made so that to change the behavior of the targeted country in a better way that will lead to better relationships and improve the economic and political situation in the future. Putting the embargo makes the targeted country feel isolated and it causes a lot of financial and economic issues.

All embargo sanctions are viewed as targeted ones. Bans can be placed either on countries, groups, organizations, government institutions or specific individuals. Embargo measures can be of a different kind. Some embargos are aimed at security and order preservation, for example ban on arms import and export in order to prevent terrorist attacks. Sanctions can be also put on specific industrial field, like a ban on oil stock or other related products.

Other bans and sanctions may be applied according to specific circumstances. The most common ones are embargos on ammunition, weapons or military supplying equipment. Another frequent one is the embargo on terrorist groups or anyone associated or involved with those groups, their entry to the country is forbidden and their bank accounts in that country may be frozen. It is often put during mass terrorist attacks, security threat times or riots. Named individuals, mostly politicians can be also banned to enter some countries. It can be also forbidden to travel to a targeted country for specified period of time or even indefinitely. it is known as a travel embargo.

Former trade embargoes were put in the Federal Republic of Yugoslavia, Vietnam, the Republic of Macedonia, Libya, India, Mali, Pakistan, Serbia, Georgia and Italy. Some of sanctions were adopted because of mass killings of rebels during the riots, some to restrict nuclear exports, some to prevent the import of agricultural products, wine, mineral water.

There are some countries that are under the embargo for the time being, such as arms embargo in China by EU; Sudan by the US; financial operations, shipping, missile and military export embargo in Iran by US; luxury goods and arms in North Korea by EU; consumer goods in Turkish Republic of Northern Cyprus by UN; money, consumer goods and arms in Cuba by the USA; shipment of animals in Japan after serious earthquake, live cattle export in Indonesia by Australia; Gaza Strip by Israel; oil and arms imports in Syria by US.

To sum up, the embargo process is conducted for  sanitary reasons. However, the consequences may be devastating and non compliance with the required sanctions is considered to be a criminal offence and may lead to more destructive relationships.

References:

  1. Shambaugh, G. (2016). embargo | international law. [online] Encyclopedia Britannica. Available at: http://www.britannica.com/topic/embargo-international-law [Accessed 11 Jan. 2016].
  2. (2015). Economic sanctions. [online] Available at: https://en.wikipedia.org/wiki/Economic_sanctions [Accessed 21 Nov. 2015].
  3. Elmerraji, J. (2010). Countries Sanctioned By The U.S. – And Why. [online] Investopedia. Available at: http://www.investopedia.com/financial-edge/0410/countries-sanctioned-by-the-u.s.—and-why.aspx [Accessed 21 Nov. 2015].
  4. stanford.edu. (2015). Export Controlled or Embargoed Countries, Entities and Persons | DoResearch. [online] Available at: https://doresearch.stanford.edu/research-scholarship/export-controls/export-controlled-or-embargoed-countries-entities-and-persons [Accessed 21 Nov. 2015].
  5. org. (2015). The Adverse Consequences of Economic Sanctions. [online] Available at: https://www.globalpolicy.org/global-taxes/42501-the-adverse-consequences-of-economic-sanctions.html?hc_location=ufi [Accessed 21 Nov. 2015].
  6. GIUMELLI, F. (2015). Understanding United Nations targeted sanctions: an empirical analysis. International Affairs, 91(6), pp.1351-1368.
  7. Booman, M. (2014). The Effectiveness and Ethics of Economic Sanctions. [online] Seven Pillars Institute. Available at: http://sevenpillarsinstitute.org/essays/effectiveness-and-ethics-of-economic-sanctions [Accessed 7 May 2016].