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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].

Guantanamo Bay: The Legal Ramifications Essay Sample

June 7th, 2016 Comments off

guantanamo-bay-essay-sample
Terrorist attacks on the 11th of September, 2011 affected not just the USA, but the whole world. It forced the President George W. Bush to announce the US War on Terror a couple of hours after it had happened. That’s why a counter-terrorism campaign Guantanamo Bay, known as a “legal black hole”, was created.

At the southern tip of Cuba there is an island known as Guantanamo. Guantanamo Bay is a detention facility operated by the US authorities serving as a prison for more than 200 detainees living in it. Terrorist attack suspects, political adversaries, country enemies and any person involved or suspected in terrorist acts can be found among the prisoners. Such combatants were captured in the US War on Terror. There are four main acting camps situated there:Camp Delta, Camp Echo, Camp Iguana, and Camp X-Ray. All of them are studiously controlled and watched by the US administration.

Due to the Cuban ban and inability to cross the border, the only way to the island is flying by American aircraft which takes a circuitous route of a three hour’s length. What is more, the access to Guantanamo Naval Base is limited for visitors; apart from the government officials and military, only selected mass media representatives and “habeas lawyers” are welcome.

The Guantanamo detention facility has been seriously criticized and debated by many activists over the past years and there are still a lot of contradictions and arguments for its existence. It was on January 21, 2009 that  Guantanamo Naval Base was promised to be shut down by Barack Obama. This announcement caused a lot of disputes on whether to close the facility or not and the possible effects of doing so.

Human rights activists are combating against Guantanamo Bay and they consider this facility to be a Human Rights violation stronghold. Plus, they continue riots and apply  pressure on Obama’s administration as much as they can.

The riots and strikes were also organized by detainees: some of them went on hunger strikes due to numerous complaints of being kept in close cells with no privacy; inmates state that they are kept in isolation and are not allowed to talk in groups.

But as a matter of fact, each inmate is provided with Islamic religious articles, regular meals and everyday possibility to visit Islamic religious services. There is also a library with wide range of literature accessible to everyone. Detainees have a right to visit the classes and learn different subjects and foreign languages there.

Releasing the detainees may give a green light to future Al-Qaeda terrorist acts. In addition, releasing the inmates doesn’t guarantee the fact that they will not join any terrorist group of the Arabian Peninsula in future. Some detainees do need a good safety cover and released prisoners have to be taken care of. All possibly and factually released captors can’t return to their home countries according to the Release Act, which also complicates the situation.

All in all,making a promise to close the facility was easy, but with the course of events it can be seen that keeping this promise is close to impossible.

References:

1. Ackerman, S. (2016). Guantánamo Bay: Obama reiterates call to close prison in final plan to Congress. [online] the Guardian. Available at: http://www.theguardian.com/us-news/2016/feb/23/obama-guantanamo-bay-closure-plan-congress [Accessed 1 May 2016].
2. The White House. (2016). President Obama Delivers Remarks on Closing of Guantanamo Bay. [online] Available at: https://www.whitehouse.gov/photos-and-video/video/2016/02/23/president-obama-delivers-remarks-closing-guantanamo-bay [Accessed 1 May 2016].
3. Closeguantanamo.org. (2016). Our Mission – Welcome to “Close Guantánamo”. [online] Available at: http://www.closeguantanamo.org/Our-Mission [Accessed 1 May 2016].
4. Hrweb.org. (2016). UN Convention Against Torture. [online] Available at: http://www.hrweb.org/legal/cat.html [Accessed 1 May 2016].
5. Congressional Research Service, (2009). Closing the Guantanamo Detention Center: Legal Issues. CRS Report for Congress.
6. Crowley, M. (2013). Why Gitmo Will Never Close | TIME.com. [online] TIME.com. Available at: http://swampland.time.com/2013/05/30/why-gitmo-will-never-close/ [Accessed 16 Jun. 2015].
7. Daskal, J. (2013). Don’t Close Guantánamo. [online] Nytimes.com. Available at: http://www.nytimes.com/2013/01/11/opinion/dont-close-guantanamo.html [Accessed 16 Jun. 2015].

Sample Essay on Geneva Conventions

May 17th, 2016 Comments off

geneva conventions

Geneva Conventions are international agreements, concluded between 1864 and 1949. They include four treaties and three additional protocols which set the standards of international law for ameliorating the effects of war on soldiers, prisoners of war and civilians.

In 1864 twelve European nations signed an agreement, which stated that during future wars they should care for all wounded and sick militaries on land regardless of nationality. The neutrality of medical personnel was recognised as well. The agreement was called the Geneva Convention, which concerned only militaries wounded on the battlefield. Later it was expanded to cover every person caught up in conflicts.In 1949 four Geneva Conventions were composed, which covered armed forces, prisoners of war, and civilians. The Second Convention covered the sick, wounded and shipwrecked militaries at sea during war. The third one referred to prisoners of war claiming that they should be released and repatriated after the termination of active hostilities. The Fourth Geneva Convention ensured civilians protection.In 1977 two additional protocols were signed at a diplomatic conference. The First Protocol concerned international conflicts, the Second one covered non-international conflicts. In 2005 the Third Protocol was added to the Convention. It regarded the additional distinctive emblems.

The main points of the Geneva Conventions are the following:

The wounded, sick and shipwrecked individuals have to be cared for adequately. All efforts should be directed to quickly collecting the dead. Death must be confirmed by medical examination. Bodies have to be identified and protected from robbery. Medical equipment must not be destroyed intentionally, medical buildings and vehicles must not be damaged and prevented from being operated or attacked even if they do not contain patients.

The surrendering soldiers are entitled to respect for their integrity and lives, so they should not be injured or killed. The sick and wounded have to be cared for by the controlling force, the emblem of the red cross, red crystal and red crescent has to be respected.

Captured militaries are entitled to respect for their dignity, lives, convictions and personal rights. They must be protected, also they have the right to receive assistance.

No punishment can be held without trial, no one must be subjected to mental or physical torment, as well as degrading or cruel treatment.

Parties of a conflict and their armed forces members cannot use all means and methods of war. It is prohibited to apply methods or weapons of a tendency to cause excessive suffering or unnecessary losses. The parties of the conflict have to distinguish between the combatants and civilian population and respect civilian population and property.

Today all Geneva Conventions are accepted by every state in the world. The Conventions with their 159 articles are complicated and long. However, they protect helpless and vulnerable persons.

References:

  1. Abresch, William. A Human Rights Law of Internal Armed Conflict: The European Court of Human Rights in Chechnya. European Journal of International Law 16 (4), 2005.
  2. Bugnion, Francios. The Geneva Conventions of 12 August 1949: From the 1949 Diplomatic Conference to the Dawn of the New Millennium. International Affairs (Royal Institute of International Affairs 1944) 76: 41–51, 2000.
  3. David P. Forsythe. The International Committee of the Red Cross: A Neutral Humanitarian Actor. Routledge, 2007.
  4. Keylor, William R. The Twentieth Century World and Beyond. Oxford University Press, New York, 2011.
  5. Khouri, Rami. International Law, Torture and Accountability. Belfer Center for Science and International Affairs, Harvard University, 2009.
  6. Kolb, Robert. Ius in bello. Basel: Helbing Lichtenhahn, 2009.
  7. Sixty years of the Geneva Conventions and the decades ahead. International Committee of the Red Cross, 2009.

What Had Happened in Ferguson Sample Essay

May 17th, 2016 Comments off

what had happened

The city of Ferguson that is located in the state of Missouri has become a real flashpoint for massive protests. The latter were caused by the killing of a black teen by a white policeman a year earlier. It is necessary to mention that during the conflict the teenager was unarmed.

According to the most recent data, the death of Michael Brown was not the only case. As revealed by the justice department investigation, there were many alleged racial bias in the policemen force. Only a couple of days after the report was presented by the justice department representatives, two policemen were injured and shot. Later, a man was injured during the gunfire exchange with the policemen. The gunfire was the result of the rally that marked the anniversary of the death of a black teenager.

So, the question is what are the reasons that stand behind the protests? According to the words of the protestants, their demonstrations are calling for more eligible actions to be taken after the federal report release. The police force of the city of Ferguson had faced strict criticism after the Michael Brown’s death in 2014, leading to several resignations of the police officers. While the very first demonstration point was concentrated in Ferguson only, it has finally reached the other cities in the USA in November, after the court decided not to charge the policeman Darren Wilson over the murder. The demonstrators consider the case exclusively in terms of brutality of the police forces and racism since Michael Brown was black and Darren Wilson is white. After the justice department report was released, the authorities of the United States vowed to reform the local police forces.

So, what exactly happened in 2014? Even though the exact details remain uncertain and are still being disputed by the police representatives, family members and people, who had witnessed the tragedy, there are some facts that are already known. On August 9, Darren Wilson was driving the policemen car. Around midday he encountered the teen and a pal walking down a street. In several minutes Michael Brown was dead. According to the prosecutor Bob McCulloch, Mr Brown had at least seven gunshot wounds. The body of the boy lay in the place, where he was killed for almost four hours before it was taken away. The police officer had fired 12 bullets; however, the investigators were uncertain about how many of them struck the boy.

In November, the grand jury of St. Louis County failed to find proper evidence that would be enough to charge Darren Wilson. The panel of jurors comprised 12 individuals, who were selected at random. Three of them were white women, the other six people were white men, while there were only two black women and one black man.

One year after the teen was killed, a man was shot and severely injured when fighting with police officers during the protest rally that was organized to mark one year anniversary of Michael Brown’s death. According to the recent news, the local justice department will be on the lookout for possible changes in the police force of the city of Ferguson, as well as its court system.

“In Ferguson, Black Town, White Power” (The New York Times, August 18, 014).

  • “Frustration in Ferguson” (The New York Times, August 18, 2014)
  • “Grief and Protests Follow Shooting of a Teenager” (The New York Times, August 10, 2014).
  • Yamiche Alcindor, Looting, tear gas shatter period of calm in Ferguson, USA Today, August 19, 2014.
  • “Ferguson Under Siege: Why Michael Brown’s Murder And Nationwide Police Brutality Is The Tipping Point For Revolution” (Vibe, August 14, 2014).
  • “Ferguson Images Evoke Civil Rights Era and Changing Visual Perceptions” (The New York Times, August 14, 2014).
  • “Before Ferguson: Deaths of other black men at hands of police” (Los Angeles Times, August 13, 2014).

Sample Essay on History of International Law Enforcement

May 17th, 2016 Comments off

law enforcemen

International law enforcement treats police actions, which regard jurisdictions or individuals of more than one nation. The process of the internationalisation of law enforcement started in nineteenth century with the increase of the internationalisation of crime. Over the past decades this process accelerated immensely.

In the history of international law enforcement development there have been two particular trends. First, the focus on political dissidents shifted to criminal activities. The second trend refers to a structural shift from unilateral operations to cooperations between agencies from different nations.

The first attempt to create an international law enforcement organisation was undertaken in 1851. The Police Union of German States included agencies from seven German-speaking nations, which had political objectives to protect autocratic regimes.

In 1914 the government of Monaco launched an International Criminal Police Congress that was strictly directed to criminal violations. Nine years later the the International Criminal Police Commission, the forerunner of today’s Interpol, was created in Europe. It was independently organised by police officials to contribute cooperation in the international crime policing while political violations were excluded.

However, despite a growing cooperation among police, a national orientation remains among law enforcement in three ways: 1) there is a privilege among agencies to pursue operations unilaterally without the foreign authorities; 2) cooperation between foreign agencies is often undertaken on a temporary basis; 3) international law enforcement does not provide the creation of a supranational agency, it involves a cooperative structure among police agencies from different nations.

Agencies in the United States are involved in unilateral interstate law enforcement operations because of concerns about unprofessionalism and corruption as well as a historic distrust in foreign agencies. The United States have a predominant role in international police activities while American law enforcement agencies are more active in international activities. Those agencies include the Federal Bureau of Investigation, the Bureau of Diplomatic Security, the Department of Homeland Security, and the Drug Enforcement Agency.

Among international law enforcement cooperation the major organisations are Interpol and Europol. Interpol, or the International Criminal Police Organisation, has member agencies from 186 countries. This non governmental organisation has an observer status at the United Nations, as well as cooperation agreements with Europol and other legal and police organisations.

Europol, the European Police Office, promotes cooperation among law enforcement agencies in Europe, when policing significant international crimes. Its operations are limited to organised crime activities, like corruption, terrorism, human, drug and vehicle trafficking, cyber-crimes. Europol is overseen by the EU Council, the European Management Board, and a joint supervisory board.

Nowadays, multilateral organisations like Europol and Interpol operate as the basis of information exchange and cooperation among law enforcement agencies all over the world. Such cooperation occurs among nations with different legal and political frameworks because of its non-political nature, the bureaucratic autonomy of law enforcement, and understanding of crime among the law enforcement professionals. Therefore, crimes, which cross national jurisdictions, such as international terrorism, the drug trade, border crimes, can be effectively investigated through the law enforcement cooperation.

References:

  1. Andreas, P. and E. Nadelmann. Policing the globe. New York: Oxford University Press, 2006.
  2. Casey, J. Policing the world: The practice of international and transnational policing. Durham, NC: Carolina Academic Press, 2010.
  3. Das, D.K. and P.C. Kratcoski, eds. Meeting the challenges of global terrorism: prevention, control, and recovery. Lanham, MD: Lexington Books, 2003.
  4. Bayer, M.D. Operation global pursuit: in pursuit of the world’s most dangerous fugitives and terrorists. The Police Chief 72(8), 32-37, 2005.
  5. Bayer, M.D. The Blue Planet: Informal international police networks and national intelligence. Washington, DC: NDIC press, 2010.
  6. Deflem, M. Policing world society: Historical foundations of international police cooperation. Oxford: Oxford University Press, 2002.
  7. Martha, R.S.J. The Legal Foundations of Interpol. Oxford, UK: Hart, 2010.

Sample Essay on Lawsuits as the Next Frontier of Environmental Change

April 19th, 2016 Comments off

sample essay on lawsuits as the next frontier of environmental change

Climate change is more often discussed not as an abstract threat but a real issue. Extreme weather events like hurricanes and typhoons, floods, wildfires, habitat change, industry stress and diseases break out in new areas. In 2010 material damage caused by climate change has been estimated to $591 billion. The experts inform that the number will increase in the coming years. Such significant costs cause the issue of liability and compensation.

Companies responsible for large-scale greenhouse gases emanation might be responsible for material damage associated with climate change. This idea  is not new. A few lawsuits claiming compensation for climate change damages have been led in the United States. These cases have encountered some problems, however, climate damages litigations attract more and more attention.

The experts assume that lawsuits will be brought in home countries of greenhouse gas emitters. Still, climate change is a global problem since emissions originate in every country and their effects are spread all over the world.

This raises the possibility of transnational litigation involving a victim suing greenhouse gas emitters in his or her own country, even if the emitters originate from other countries. Transnational litigation implies interrelated and complex questions about jurisdiction, choice of law, recognition and enforcement.

The courts of the country where an illegal act took place have jurisdiction over indemnity for the harm. In the case of climate change, it should not be admitted that the illegal act took place in the country of the emitter, as the emissions caused damages together with global emissions. Climate damages claims should be brought in countries where the harm is done.

After asserting jurisdiction, it is necessary to regard which country’s laws should be applied. It is logical to suppose that the court applies the laws of its country. However, in transnational litigation, foreign laws might be practised. In many countries the law of the location where the illegal act took place is applied. Still, concerning climate damages, there is a real question as to where the illegal act took place.

Greenhouse gas emitters might presume that damage decree pronounced by courts in countries where they have no assets are quite safe. In many countries, however, if a court in a foreign jurisdiction pronounces damage decree, the legal decision is acknowledged as a debt and is recovered. Concerning the other aspects, whether and how this occurs depends on the laws of the country. Still, such possibility has serious implications for greenhouse gas emitters in developed countries, since it might expose them to lawsuits anywhere all over the world.

Climate damages lawsuits have a global potential. Litigations can be brought in different countries, then enforced in other countries where greenhouse gas emitters have their assets. As a result, such companies experience significant financial and legal risks.

Climate change is increasingly causing serious damage around the world leading to requests for compensation. These requests will be addressed through climate damages litigations. Major greenhouse gas emitters and their shareholders can avoid such risk by reducing their emanations, which requires rejection of fossil fuels, as well as concluding new international agreements about compensation demands, climate liability and emanation reductions in extensive ways.

References:

  1. David Hunter and James Salzman. Negligence in the Air: The Duty of Care in Climate Change Litigation. 155 U. Pennsylvania Law Review 1741, 2007
  2. Jim Hansen. The Threat to the Planet. The New York Review 12, July 13, 2006.
  3. Fankhauser, S. A Practitioner’s Guide to a Low-Carbon Economy: Lessons from the UK. Climate Policy, 13(3), 2013.
  4. Gary Bryner, The Rapid Evolution of Climate Change Law 20. Utah Bar Journal 22, March/April 2007.
  5. Mary Christina Wood. Atmospheric Trust Litigation. 2007
  6. Nachmany M., Fankhauser, S., Townshend, T., Collins, M., Landesman, T., Matthews, A., Pavese, C., Rietig, K., Schleifer, P., Setzer, J. The GLOBE Climate Legislation Study – A Review of Climate Change Legislation in 66 Countries. London: GLOBE International and the Grantham Research Institute, London School of Economics, 2014.
  7. Townshend, T., Fankhauser, S., Matthews, A., Feger, C., Liu, J., and Narciso, T. Legislating Climate Change at the National Level. Environment, 53(5), 2011.

How to Write a Legal Memorandum: The Complete Guide

April 19th, 2016 Comments off

how to write a legal memorandum  the complete guideThe purpose of a legal memorandum is to explore a juridical issue and give an impartial assessment on that issue. It is used to develop approaches and to announce arguments. This document explains a particular field of law, analyses given fact model and gives recommendations about a course of action on the basis of the analysis.

Each legal issue has its own specifications, therefore an essential part of knowing how to write a legal memorandum is minding, every one of them is organised in a distinct way. It’s not a good idea to blindly follow a sample memorandum. The writer should focus on learning the document’s general components and structure instead, apply them to his or her research work in the most effective way for the specific problem.

A legal memorandum is a strictly structured type of writing, which follows definite conventions. It consists of certain standard elements, which are described below.

Heading

The heading identifies its author and the memorandum’s recipient. It also includes date, subject essence and client identification as well.

Summary of the Facts

This portion lists facts which are relevant to the subject. Those are the facts which the author has relied upon while researching and preparing the document. If assumptions have been made, they should be indicated. The facts should be stated clearly and objectively in chronological order. Definitions must be listed to standardise nomenclature for things and persons that are referred to in the legal memorandum. This prevents confusion and inconsistency.

Brief Identification of the Juridical Issues

This section is crucial. The author should briefly define accurate legal issues within the context of the case’s facts. Legal elements, which are necessary to resolution of the issues, should be included. To be more effective the issue statement should be as descriptive and narrow as possible. If there are a few issues to be addressed, they should be listed in the order they will be discussed.

Discussion of the Law Relevant to the Issues

This is the heart of the legal memorandum. In this part a venue is provided for interpreting and analysing the law as well as applying the law to the facts. This section should be divided into separate parts for each specific legal issue displayed in the memorandum. Each part should include introduction, explanation of the corresponding juridical rule, adaptation of the rule to the juridical problem, and conclusion.

Conclusions

The law can be uncertain, which makes it hard to create a defensible conclusion. However, the purpose of the legal memorandum is to give a legible answer, so the author cannot simply claim that the law is unclear. He or she should find a practical solution to avoid such uncertainty. The author should remember that the recipient does not want to be kept in suspense. Therefore a clear, definite and responsive answer should be provided in this portion as soon as possible.

A student should think like a lawyer in order to learn how to write a legal memorandum. Hence, he or she should pay attention to details and separate his or her personal emotions from legal baselines. Research of the corresponding law is essential.

Sample Essay on the Case of O. J. Simpson

April 19th, 2016 Comments off

sample essay on the case of o. j. simpson caseOrenthal James Simpson was a football player in 1970s. Playing for Buffalo Bills and San Francisco 49ers he won the Heisman Trophy in 1968 and became one of the greatest running backs in NFL history. He still holds the record for the most single-season rushing yards per game. After retiring from football in 1979 Simpson started acting career and remained a public figure. Besides, he was a sports commentator on NBC.

In 1985 Simpson married his second wife, Nicole Brown. The pair had two children. In 1989 their marriage hit a rock, when Simpson was condemned to community service and probation after he was accused of spousal abuse. Three years after his wife filed for divorce.

On June 13, 1994 Nicole Simpson and her friend were found stabbed to death. Nicole had multiple wounds in the head and neck. The bodies were found outside of her home in Los Angeles. She was 35 years old, he was 25.

After interrogation Simpson was ordered to turn himself in to the police on June 17. The police got an all-points bulletin after he had failed to surrender himself. The same day Simpson’s lawyer, Robert Kardashian, read for the media his suicide note. In that note Simpson asked “to think of the real O.J. and not that lost person”. In the evening the former football player was arrested. The police found a fake moustache, makeup adhesive and a gun in his car.

On October 3, 1995, about 150 million people witnessed the televised verdict of the O. J. Simpson trial. For more than a year, the former football player’s case stunned the nation and prevailed in the public imagination. After an eight-month trial jury found the celebrity not guilty.

The prosecutors had incontestable DNA evidence against Simpson, such as victims’ blood traces in his vehicle and Nicole’s blood on his socks. However, the defence had technical mistakes made by the forensics team and claimed that the crime scene was contaminated casting doubt on the DNA evidence. Furthermore they used a video with Mark Fuhrman, a policeman who helped to collect the physical evidence. On that video Fuhrman made multiple racist remarks. The policeman was later accused of perjury.

At the crime scene a dark glove was found. Later the second one was recovered at Simpson’s apartment. The prosecution found DNA from the victims and from Simpson on both gloves. However, the lawyers asked him to try on those gloves which appeared to be too small for his hands. “If it doesn’t fit, you must acquit.” pronounced the lawyer Johnnie Cochran. This phrase became legendary. Prosecutors asserted that the gloves had been soaked in blood and later frozen and unfrozen a few times to be preserved.

The “Trial of the Century” ended with acquittal of Simpson. In 2008 the jury found him guilty of 10 charges, including armed robbery and kidnapping. That case had nothing to do with the murder of his ex-wife and her friend. The former NFL star was condemned to 33 years in prison.

References:

  1. Cotterill, Janet. Language and Power in Court: A Linguistic Analysis of the O. J. Simpson Trial. Basingstoke, England: Palgrave, 2002.
  2. Dear, William C. O.J. Is Guilty But Not of Murder. Dear Overseas Production, 2000.
  3. Dershowitz, Alan M. Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case. New York: Touchstone Books, 1997.
  4. Felman, Shoshana. The Juridical Unconscious: Trials and Traumas in the Twentieth Century. Cambridge, Massachusetts: Harvard University Press, 2002.
  5. Goldberg, Hank M. The Prosecution Responds: An O. J. Simpson Trial Prosecutor Reveals What Really Happened. Secaucus, New Jersey: Carol Publishing Group, 1996.
  6. Linedecker, Clifford L. O. J. A to Z: The Complete Handbook to the Trial of the Century. New York: St. Martin’s Press, 1995.
  7. Toobin, Jeffrey. The Run of His Life: The People v. O. J. Simpson. Touchstone Books, 1997.