Reconstruction Success or Failure Essay Example For Students

Reconstruction: Success or Failure? Essay February 25, 2004 U.S. History Period 4 After the Civil War the United States was at a difficult point in its history. There were many controversial issues that were yet to be resolved, and many people with a number of different opinions on how things should be settled. Due to this, the nation was forced into a period of reconstruction to help shape the country as a whole, and work to settle problems that remained unresolved. The Reconstruction Period following the Civil War was overall a success. By the end of this time, the country was reunited and moving rapidly towards industrialization. Individual freedoms and equal treatment before the law was set for all Americans. Although, like anything else, it had both positive and negative effects, however the positive aspects out shined the negative. The Civil War was fought to free slaves, and to help them redeem their independence. However, by the end of this struggle there was a distinct line between whites, and blacks. Reconstruction was called upon to aid the country in deafening that lone and uniting the nation as a whole, and not separate sections. At this time many conflicts were in need to be resolved. For example, because slaves had never known the feeling of freedom before they had no where to go or work, it was almost over whelming. Segregation and racism also came into action. During this time many of those issues were touched upon in positive ways. The thirteenth, fourteenth, and fifteenth Amendments were all added to the Constitution for the benefit of this country. The thirteenth Amendment, which was perhaps the most important, assured freedom to all African Americans, Native Americans and many other various races of people by banning slavery. The fourteenth Amendment provided a constitutional basis for the civil rights act, making all persons born or naturalized in the United States. The fifteenth Amendment was added to the constitution, stating that no one could kept form voting due to their race, color, or previous condition of servitude. These constitutional changes had a very positive effect on the United States in the long run. They assisted a large portion of the nation and helped people get up on their feet, and start their lives over again. Although overall reconstruction was a very good thing it also had negative effects. Three things that stand out as the leaders were struggling to rebuild this nation include, the Klu Klux Klan, Black codes, and Jim Crow laws. The Klu Klux Klan basically defined racism. It was a group of people strictly against blacks, who publicly displayed their hatred towards them. Black codes were another negative outcome; they were a series of laws that tightly restricted blacks from many things such as, carrying weapons and traveling with out a permit. These laws went hand in hand with the Jim Crow laws, which also restricted blacks from various things. The Jim Crow laws were designed to separate blacks and white in public places, magnifying segregation. It considered things separate but equal when in reality it was only separate and in many ways far from equal. Although, as previously stated, there were a number of negative effects from Reconstruction, there were also many positive things that came from it. The constitution was amended freeing blacks, and although it took time before they were freed to full extent, with out reconstruction they would not have been free at all. .

Duty of Care

Apparent Rationale for Writing the Policy According to Groves (2004) the apparent rationale why the department of education came up with the duty of care policy was to ensure that all teachers across the country are aware of the relevant legal issues pertaining to the duty of care they owe to the students who are under their custody (p. 3).Advertising We will write a custom report sample on Duty of Care specifically for you for only $16.05 $11/page Learn More For proper clarification the document defines what the duty of care is, the definition of other legal terms, offers the legal implications which revolve around the duty of care, and explains the role of other policies and regulations which are concerned with the provision of duty of care to the students. The duty of care students’ policy document is a legal document which was formulated by applying the policies and law so as to safeguard students while they are in the custody of their teacher s (The Department of Education, 2010). This policy acts as a guideline to the rules and policies which schools have set up. It merely states the definition of duty of care, what situations the teachers owe a duty of care to their students and under what circumstances do the non-teaching staff owe a duty of care to the children. Issues covered by the policy The policy of duty of care was put in place so that teachers and other members of the school staff could protect students from the risk of harm when they are under their custody by exercising the duty of care (Preston, 1993). Children while in school engage in many activities, some of which might be dangerous or hazardous. It is therefore the duty of the teachers and other members of the school staff to ensure that the activities which the students are involved in do not cause harm or injuries to them. According to this policy, teachers will only owe a duty of care to the students while they are in the school premise or undertakin g a school activity (Tronc, 2004). The duty of care does not extend to the activities which the students conduct while they are outside the school unless stated otherwise. This policy therefore explains in detail what the duty of care is, when should it be exercised, who should be responsible for the care and once the law has been breached, who will be held responsible. According to this law, teachers owe a duty of care during their journey to and from the school if it is authorized by the school, students who arrive to the school ground before the commencement of studies, students who are found at the school grounds after the school day ends and students who leave school when the classes are still going on (Ikeda and Gustafson, 2002). However, the teachers, volunteers and the non-teaching staff owe a duty of care to their students if the above situations are conducted according to the guidelines and standards set by the school. When harm occurs to a student and the school guideline s were breached then the school does will not take responsibility (Killen, 2005).Advertising Looking for report on education? Let's see if we can help you! Get your first paper with 15% OFF Learn More Subjects to the Policy Requirements The school management, the school staff and the parents are subject to the policy requirement. This is because the students are always in the custody of the school or their parents almost all the time. The subjects of this policy therefore need to work together to ensure that the safety of the students is maintained at all times, in and out of the school (Marlone, 1999). The policy is very important since it assures that students are safe and free from harm while they are at school or they are involved in other school activities (Ewing et al., 2007). This gives both their teachers and their parents a peace of mind because they know that the safety of the students is guaranteed. This is because the teacher is expected to exercise a reaso nable care to the students, an act which will prevent an act of harm which was foreseen to happen from happening. The fact that there is an adult supervising the students all the time guarantees that reasonable care is being exercised at all times. Importance of the Policy The duty of care policy is a document of great importance especially in the management of student affairs while they are under the school custody. Through its implementation, teachers have known in details what duties they owe to their students, when to exercise these duties and the methods which can be used in the application of reasonable care while mitigating the issues which can cause harm to students. As a result therefore, teachers have become even more cautious in the handling of students and ensure that the students are safe at all times. This has reduced the chances of harm occurring (Ewing et al., 2007). The document has also stated the situations under which the duty of care of students is owed by the s chool and when it is not. This has made it easy to solve disputes which arise when harm occurs on a student and neither the school nor the parent wants to take responsibility. The document is thus used for reference to avoid further dispute and a solution to the problem is arrived at easily. This is because the school, the parents and the students have their rights which should be respected at all times. This came as a solution to the problem of blaming one another in the event when harm has occurred (Groves, 2004).Advertising We will write a custom report sample on Duty of Care specifically for you for only $16.05 $11/page Learn More The document is also used as a guideline which the school uses while conducting its operation. Every other policy concerning the safety or the security of the students has to be consistent to this policy. The schools therefore come up with good policies which aim at ensuring the safety of the students while at school is ma intained and guaranteed (Ewing et al., 2007). Hypothetical Situations Normally students arrive in school at around 7.40 am while the teachers arrive around thirty minutes later. During this time when there is no staff supervision, students might be exposed to a lot of harm and hazards. If harm happens on the students during this time then the school will be liable (Whitton et al., 2010). The school therefore should develop a roster system whereby there will be a teacher on duty who will be present at the school before the start of teaching to supervise the students who arrive early. The school should also set the time before which no student is allowed to be at the school premise. This information should be sent to all parents through the news letter. During this time students should be directed to a specific place where the teacher on duty can easily supervise what they are doing (The Department of Education, 2010). There are students who remain behind after school hours to engage in sports or any other co-curriculum activities. The duty of care for these students therefore falls under the coaches and patrons of these activities. It should be however be noted that these people will only assume the duty of care if the activity they are involved in is authorized by the school. If the activity is not authorized by the school then the supervisor will be working privately and in the event when harm occurs the principle of vicarious liability will not apply (Crouch, 1996). The fact that the name of the team which these students were being referred to or the uniforms and the costumes they were putting on concur to the school does not mean that the activity was authorized by the school. Parents should therefore be aware which activities are authorized by the school. There are situations when students leave the school during school hours. This is because it is a general rule for schools not to allow students to leave the school grounds before the end of the day unless the parent of the student grants the permission. A school can only allow a student to leave the school where parental permission has been given.Advertising Looking for report on education? Let's see if we can help you! Get your first paper with 15% OFF Learn More To ensure that the safety of the student is guaranteed, before leaving the school premise, a student should have a note from the parent which specifically states the reasons for the student to be excused from classes. The note should clearly state the reason why the student should be absent from school, the duration of the day when he/she is going to be absent and the period which the trend is going to continue. In addition a written acknowledgement should be made to the school by the parent who should state that the school shall not be held liable if harm happens to the student while being outside the school. The school should also ensure that the student will be safe once he/she is out of the school premise. Once out of the school premise legally, the school does not owe a duty of care to the student (The Department of Education, 2010). References Crouch, R.W. (1996). School Sport and the Law. The Practising Administrator, 3, 26-28. Ewing, R., Le Cornu, R. and Groundwater-Smith, S . (2007). Teaching Challenges Dilemmas.  South Melbourne: Thompson. Groves, S. (2004). Duty of Care: Good Practice Guidelines for Academic and Administrative  Staff. South Melbourne: Thompson. Ikeda, M., Gustafson, J.K. (2002). Heartland AEA 11’s problem solving process:  Impact on issues related to special education (Research Rep. No. 2002–01). Johnston, IA: Heartland Area Education Agency 11. Killen, R. (2005). Programming and Assessment for Quality Teaching and Learning.  South Melbourne: Thompson. Marlone, M. (1999). Education Policy and Law. The Witness. Web. Preston, B. (1993). Teacher professionalism: Implications for teachers, teacher educators and democratic schooling. Independent Education, 23(4), 4-12. The Department of Education. (2010). Duty of Care for Students. The Department of Education. Web. Tronc, K. (2004). Schools and the Law. The Practising Administrator, 1, 22-24. Whitton, D.B., Nosworthy, K., Sinclair, C. and Nanlohy, P. (2010). Learni ng for  Teaching: Teaching for Learing. South Melboune: Cengage Learning. This report on Duty of Care was written and submitted by user Liam Richardson to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Quotes From Great Writers About the Month of April

Quotes From Great Writers About the Month of April April is a month of transition. It arrives when winter has just ended and spring is beginning, symbolizing a period of rebirth. With this roundup of quotes about April, learn how writers from William Shakespeare to Mark Twain viewed this key month of the year. The Nature of April Many poets and writers have focused on the natural beauty present in April- birds singing, rainbows, and the first flowers of spring. A gush of bird-song, a patter of dew, A cloud, and a rainbows warning, Suddenly sunshine and perfect blue- An April day in the morning.  - Harriet Prescott Spofford, April Again the blackbirds sings; the streams / Wake, laughing, from their winter dreams, / And tremble in the April showers / The tassels of the maple flowers.  - John Greenleaf Whittier, The Singer April comes like an idiot, babbling and stewing flowers.  - Edna St. Vincent Millay Now the noisy winds are still; / Aprils coming up the hill! / All the spring is in her train, / Led by shining ranks of rain; / Pit, pat, patter, clatter, / Sudden sun and clatter patter! . . . / All things ready with a will, / Aprils coming up the hill!  - Mary Mapes Dodge, Now the Noisy Winds Are Still Sweet April showers / Do spring May flowers.  - Thomas Tusser When April winds / Grew soft, the maple burst into a flush / Of scarlet flowers. / The tulip tree, high up, / Opened, in airs of June, her multitude / Of golden chalices to humming birds / And silken-wingd insects of the sky.  - William Cullen Bryant, The Fountain A Month of Symbolism For many writers, April symbolizes youth, newness, and promise. However, for some poets (such as T.S. Eliot), April also stirs up memories and prompts reminiscences of the past. April... hath put a spirit of youth in everything.  - William Shakespeare April is the cruelest month, breeding / Lilacs out of the dead land, mixing / Memory and desire, stirring / Dull roots with spring rain.  - T.S. Eliot, The Waste Land April is a promise that May is bound to keep.  - Hal Borland April prepares her green traffic light and the world thinks Go.  - Christopher Morley, John Mistletoe April Showers as Tears   Some poets and writers have described April rains as tears, symbolizing the passing of time and the changing of the seasons. Every tear is answered by a blossom, / Every sigh with songs and laughter blent, / April-blooms upon the breezes toss them. / April knows her own, and is content.- Susan Coolidge (Sarah Chauncey Woolsey), April For April sobs while these are so glad / April weeps while these are so gay,- / Weeps like a tired child who had, / Playing with flowers, lost its way.- Helen Hunt Jackson, Verses- April Old April wanes, and her last dewy morn / Her death-bed steeps in tears; to hail the May / New blooming blossoms neath the sun are born, / And all poor Aprils charms are swept away.  - John Clare, The Last of April Sweet Aprils tears, Dead on the hem of May.  - Alexander Smith, A Life Drama A Period of Joy and Promise For many poets and writers, April symbolizes renewal and rebirth. Our spring has come at last with the soft laughter of April suns and shadow of April showers.  - Byron Caldwell Smith Sweet April-time- O cruel April-time! / Year after year returning, with a brow / Of promise, and red lips with longing paled, / And backward-hidden hands that clutch the joys / Of vanished springs, like flowers.  - Mrs. Craik (Dinah Maria Mulock), April The April winds are magical, / And thrill our tuneful frames; / The garden-walks are passional / To bachelors and dames.  - Ralph Waldo Emerson, April The children with the streamlets sing, / When April stops at last her weeping; / And every happy growing thing / Laughs like a babe just roused from sleeping.  - Lucy Larcom, The Sister Months April 1. This is the day upon which we are reminded of what we are on the other three hundred and sixty-four.The first of April is the day we remember what we are the other 364 days of the year.  - Mark Twain The sun was warm but the wind was chill. / You know how it is with an April day. / When the sun is out and the wind is still, / Youre one month on in the middle of May. - Robert Frost, Two Tramps in Mud Time

Performance measurement Essay Example | Topics and Well Written Essays - 250 words

Performance measurement - Essay Example In a broader perspective, the role of performance management system is to provide a fundamental bloc for enhancing total quality management (Besanko, Dranove, Shanley & Schaefer, 2010). Organizations that employ performance management systems are those that wish to establish the individual, departmental, and organizational performance in a bid to enhancing management to achieve organizational goals. Amongst the personal experiences with performance measurement is during the recent visit by auditors. The auditors aimed at ensuring that every employee in the organization had not only complied with the requirements of the firm but had also placed in extra efforts to ensure customer satisfaction in addition to growing shareholders’ value. The auditors found out that most employees in the organization would go an extra mile to call the clients in order to offer advisory services with respect to the organization. Being in the Accounting and Finance Department, the auditors wanted to know how the organization was complying with the Accounting Standards as provided for by the IAS and IFRS. Their advice to the department was the need to keep updating financial and accounting data in a bid to ensure that there was accountability and transparency in reporting the same concepts and

Westminster Model and the Government System in the UK Essay

Westminster Model and the Government System in the UK - Essay Example This development has seriously undermined the notion of a strong nation-state. Another challenge to the Westminster model is the New Public Management standard, and this has wrought basic changes to the relationship between civil servants and Ministers. Perhaps the greatest influence has been that of the European Union, which has seriously weakened the notion of Parliamentary Sovereignty (Lapsley, 2008, p. 10). This situation has been worsened by the devolution of responsibilities to elected assemblies in Wales and Northern Ireland, and the Parliament in Scotland. These latter devolutionary changes have posed a serious challenge to the supremacy of the Westminster executive. In addition, these have shown the Westminster model as being inappropriate in a polity that enjoys greater decentralization (Lapsley, 2008, p. 10). The Westminster model is distinguished by unhindered executive superiority. This makes certain that parliamentary majority enjoys undisputed control over the central institutions of the government. Consequently, authority and political power are central to the state. In this system, governance is restricted to the elite who are seized with the public good. Such governance functions in a self – adjusting and balanced constitutional system (Diamond, 2010). The Glorious Revolution of 1688 destroyed an attempt to perpetuate a Catholic Monarchy. This was achieved by William of Orange and his wife Mary II, and it firmly established the supremacy of the Executive. Such dominance of the Executive has remained the hallmark of the political tradition of the UK. This excellent system is characterized by an unbiased civil service and shared ministerial accountability (Diamond, 2010). This perspective regarding the UK government is not unanimous and has been subjected to considerable doubt. It is believed by a significant number of authorities that the longstanding authority of the government has been gradually eroded. In fact, there has been a shift in power, both horizontally and vertically. Thus, the vertical shift has seen the transfer of power to the European Union and international institutions. Furthermore, the horizontal shift has witnessed the transfer of power to civil society and private corporations (Diamond, 2010). There has been an undeniable establishment of new territorial power centers. These are located outside the UK and have resulted from constitutional reform and decentralization. Due to these momentous developments, it is difficult to view the Westminster model as a true reflection of empirical reality. There has been a transformation from the government to governance, and this has drawn in a vast array of networks and individuals (Diamond, 2010). To a major extent, the government of the UK has retained considerable consistency in its structure and function. This has prevailed, despite the advent of collectivism and the monumental changes that its society has been subjected to. The government is decisive an d accountable, with a scant change in the institutions of Westminster and Whitehall. It has been the established practice for politicians of the various political hues to consider themselves as responsible and influential arbiters of national interest (Diamond, 2010).

Principle of Sovereign Immunity

Principle of Sovereign Immunity It is undisputed that international law is based on reciprocity, and nowhere is this more apparently than in the area of diplomatic relations and immunities. Thus the principle of equality of sovereign states is enshrined in Art 1(2) of the Charter of the United Nations, and the notion of state immunities including those afforded to its sovereigns operates on this principle, specifically â€Å"par in parem non hebet imperium† where since both states are equal, one cannot be subject to the jurisdiction and the courts of another. Furthermore, it is now widely accepted the heads of states and foreign ministers in representing states are also afforded this immunity to allow them to carry out their functions properly. However, modern times which has seen a rise in a respect of human rights has found a new clash with the principle of sovereign immunity. As such, international jurisprudence is now developing and arguably struggling to try and achieve a balance between these two objec tives, a matter which will be analysed in this essay. Ratione personae and Ratione Materiae The two different types of immunities delegated to state representatives will be noted at the outset, namely ratione personae and ratione materiae. The former allows immunities to a particular person from the jurisdiction of a states courts by virtue of the office he holds, for any of his actions whether conducted in an official or private capacity. Since this type of immunity is only required for a practical basis to allow functioning, once the individual leaves office this type of immunity lapses. The second type of immunity is that of ratione materiae, where it is the nature of the act which immunity is afforded to. Here, if an act was carried out in an official capacity it can not be the subject of a court action, based on the principle of the sovereign equality of state as noted above and non-intervention of one state into another states affairs. Since the nature of the act is the determining factor here, the immunity remains even if the official in question has left his post. The distinction is pointed out at the outset since the Courts have dealt with the two different types of immunities differently. Ratione materia will be dealt with in the first instance. The Pinochet Case Ratione Materia The issue of the potential conflict of immunities and human rights violations came to the forefront when the former President of Chile, Augusto Pinochet Ugarte, visited the United Kingdom in 1998 for medical reasons. While there, the Spanish government requested the UK government to extradite Pinochet to face charges of inter alia torture and conspiracy to torture in the Spanish Courts under legislation enacting the Convention Against Torture [CAT] (1984). The issue went to the UK House of Lords where it was held that Pinochet could not claim immunity for his acts as a former head of state against allegations of torture. The immunity claimed in this case was that of ratione materia, since Pinochet was clearly not a current head of state and thus ratione personae immunity was not available to him. Although the House of Lords approved the judgement by a large majority there was only one dissenting Lord a variety of reasoning was employed. Lord Browne-Wilkinson, Lord Hope and Lord Saville found that those who had signed the CAT had impliedly waivered state immunity for their sovereigns. It was noted that the definition of Torture provided for in Art 1 of CAT required for the acts complained of to have either been carried out by or with the involvement of a state official. As such, any allegation of torture would necessarily always be able to be met with a defence of state immunity which would render the CAT meaningless. Such an analysis is quite insightful, but may creates problems of distinction for claimants relying on the customary prohibition of torture rather than CAT. Criminal and Civil Liability Other judges adopted a more broad consideration of the issue, where it was held that due to the heinousness of the act of torture and the jus cogens nature of the prohibition of torture, immunity ratione materia could never be a valid defence. Their Lordships pointed out that the purpose of the immunity is to ensure that the national courts of one state do not adjudicate on the responsibly of another, but in this case they were dealing with an issue of individual criminal liability and to hold immunity existed in this case would go beyond the purposes intended for such immunities, namely stability of international relations. Thus, a distinction can be seen between criminal liability cases and civil liability which would necessarily entail criminal responsibility. This distinction can be appreciated in a later case. In Al-Adsani v UK, the applicant was a dual UK and Kuwaiti national who alleged that on a visit to Kuwait, he was subjected to torture in a Kuwaiti state prison as retaliation for his circulating sexual tapes showing the Emir of Kuwaits brother, the Sheikh. He brought a claim in the UK for physical injuries and mental suffering caused from the treatment he suffered against inter alia the state of Kuwait. The UK Courts however held that Kuwaits claim to the state immunity Act 1978 succeeded. The Court of Appeal referred the case to the European Court of Human Rights where the applicant alleged that in invoking state immunity and not allowing his case to be heard in the UK Courts, the UK violated Art 6, the right of a fair trial. This was a more contentious matter and the Court very narrowly held, with a nine to eight vote majority that the right of access was not violated by upholding the defence of state immunity. Here the European Court pointed out that the nature of jurisdictional immunities acted as a procedural bar, and if waived by the host state a substantive case could be heard. The Court pointed out that sovereign immunity was an essential concept of international law, with a legitimate aim of promoting comity and good international relations. As such, a distinction had to be made with civil suits and criminal cases. A criminal case, as in the case of Pinochet, went to the question of individual criminal liability for acts. A case for civil damages however, would necessarily have to find state responsibility and the Court concluded in its analysis of the case law that an international norm excluding liability for civil damages had not emerged. Such an approach of distinguishing criminal and civil liability was repeated by the UK Courts in Jones v Saudi Arabia, where it was held immunity could not be waived for a claim for civil damages as a result of torture. Some commentators have suggested that the civil-criminal liability is distinguished due to the nature of the crimes in the case. However, the analysis of the Court seems to suggest a different ground of distinction in this case Criminal responsibility is based on individuals, and thus does not involve any question of state liability or state sovereignty. The case of Re Pinochet did not entail any judgement at all in the actions of Chile as a state itself, and render it liable for any reparations for example. If however there was to be no state immunity allowed in Al-Adsani, it would be found that Kuwait entailed responsibility for the actions and liable for damages, thus entering into the realms of state sovereignty and non-intervention in other states affairs. The effect on international relations was therefore clearly a determining factor in this case. Where there was less of an effect on international status in criminal cases, more weight was given to human rights norms. Normative Hierarchy Theory Of course, the dissenting judges in Al-Adsani did not consider that the distinction between civil and criminal liability was important enough when pitted against a prohibition of torture. Many judges pointed out that since the Court accepted that torture was a jus cogens norm, they should also accept that it would always prevail over all other norms including those of state immunity. Thus the status of torture would invalidate immunity laws or its effect at least for that particular case. This has been described as a normative hierarchy theory since torture is a jus cogens norm, it goes above the norm of state immunity. Some of the judges in Re Pinochet also adopted this theory. The Pinochet case is considered by many around the world as revolutionary as it is principally the first case to consider that immunity did not exist for allegations of egregious human rights violations. This approach is attractive from the human rights perspective and does accord well with the prohibition of torture in international law in stating that there can be no justification whatsoever for the use of torture. However, there are relatively few jus cogens norms in international law, and even the status of torture as jus cogens is disputed. Adopting such a theory in absence of other justifications would mean that other human rights violations cannot be pitted against the laws of state immunity. No immunity for ratione personae A further distinction that has been made by Courts is that for existing officials of state, who still hold immunity ratione personae. This can be seen in the Arrest Warrants case held before the ICJ. Under a Belgian law of 1993 Belgian Courts had universal jurisdiction in respect of grave breaches of international humanitarian law and crimes against humanity, irrespective or not of whether the offender has acted in an official capacity. On this basis a Belgian investigating judge issued an arrest warrant in absentia for the then Minister for Foreign Affairs of the Congo. Congo responded by taking the matter to the ICJ, challenging that that the alleged arrest warrant violated the principle of sovereign equality among member states of the UN as enshrined in Art 2(1) of the UN Charter, as well as diplomatic immunity for ministers of foreign affairs for a sovereign state as laid out in Art 41(2) for the 1862 Vienna Convention on diplomatic relations. The majority of the ICJ, thirteen votes to three, held that the arrest warrant was indeed in violation of customary international law laying down rules of absolute inviolably and immunity from criminal proceedings of incumbent foreign ministers, therefore breaching principles of sovereign equality among states. However, no form of satisfaction was awarded other than the judgement which the Court held would make good the moral injury complained of by the Congo. This case thus shows that the doctrine adopted in Pinochet is highly unlikely to extend to existing officials, illustrating that the main rationale behind immunities is to allow international relations to develop. Holding a Foreign Minister liable to prosecution in another country while he is still Foreign Minister would greatly impair this ability as the Court noted in its majority judgement, Foreign Ministers are allowed this immunity to allow them to travel and communicate with other states and allowed effective representation of their State. The Court, like other decisions abovementioned, did emphatically state that immunity did not equate to impunity and the procedural bar of immunity once lifted could hold an individual responsible, such as before the courts of his own country, where the state has waived immunity, after the person in question has ceased to hold public office or perhaps in the future under the International Criminal Court. The Court can be said to show some lea ning towards appreciation of human rights when it did not approve of damages further than the damage being claimed, recognising perhaps that to award damages to someone accused of such egregious human rights violations would exceed the doctrine of immunities and would not serve a beneficial purpose. Judges Higgins, Koojimans and Burgenthal issued a separate opinion in the Arrest Warrants case, where they dissented with the Court requiring a cancellation of the Arrest Warrant issued by Belgium. They noted that the Court noted the provision of immunities to the Foreign Minister in this case was to allow his continue travelling and maintain communication and relations with other states in order to represent his state effectively. However, since he was no longer Foreign Minister at the time of the hearing at the international court there was no longer need for this expansive immunity and as such a cancellation of the arrest warrant would not be required. Such opinions are clearly based on the rationale behind immunity being that of functionality of international relations once this is no longer at risk a whole immunity is no longer required. Judge Van Den Wyngaert went even further and stated that the Court had taken immunities too far in creating a potential violation of international human rights.23 The dissenting judges in this case therefore clearly carried out balancing exercises between the two objectives of functionality of international relations and human rights with some reaching different conclusions to others. It is particularly notable that following this case, under diplomatic pressure from other states Belgium amended its laws on 23 April 2003 and once again on 5th August of that year, holding persons granted immunity under international law will be excluded from the reach of that legislation. Many commentators have regretted that diplomatic pressure and international politics has ‘destroyed the revolutionary character of Belgiums legislation in this case. In conclusion therefore an analysis of international case-law shows that allowing immunity to provide for and facilitate international relations has been seen as a particularly important objective Thus immunities have not been waived with regard to those still holding office. As Judge Van den Wyngaert pointed out in dissenting in the Arrest Warrants case, such an approach is likely to have stemmed from a consideration of avoiding chaos and abuse in international processes. Even where immunities have been waived with regard to those who have formerly held office, as in the Pinochet case for example, this has only been done with regard to individual criminal liability where Courts point out that they are not invoking the responsibility of states. Furthermore, the issue is only ever raised with regard to particularly egregious human rights norms such as those of torture and it seems hardly likely immunity would be waived for a norm perceived to be of lesser value such as an economic an d social right of development. Thus, while international law is clearly developing in the area of human rights, the fact that immunities is based on such an important precept of international law renders Courts very reluctant to waive immunity, and they have only done so on very limited occasions. Many commentators have criticised this Caplan for example points out that a theory of collective state benefit should be employed and granting immunities to human rights violates does not benefit the collective international community.28 McGregor points out that the new UN Convention on Jurisdictional Immunities of States and their Properties does not include any reference to human rights and criticises the lack of a human rights protocol, as does Denza. It is the very nature of international law however that law can only be made when states reach a consensus, and until they reach a consensus to not raise claims of infringement of sovereignty by waiving immunity, it is anticipated that very slow progress will be made in this area.

Analysis of Violin and Candlestick by Georges Braque Essay

Braque’s oil painting is a cubistic still-life. It’s content seems to be made up of what looks like his belongings – a violin, a fruit bowl, a candlestick, a newspaper etc. As he lived in Paris at the time this painting was produced, these belongings would have been in his apartment in one of the most artistic city in the world. I am guessing the process he used to create this piece is by dabbing paint onto the canvas instead casually painting with it. This gives texture to the painting rather than it just being flat. There are many straight lines in this piece of art, which sharpens and flattens the objects; making them 2D while the painting itself is almost 3D; giving it an abstract feel. This painting is much like a puzzle, where it is broken, jumbled and muddled into pieces overlapping each other. This give of the impression that Georges Braque’s mood at the time was very confused. There are very limited colours in this oil painting, with a range from brown to grey which isn’t very much at all. This makes the objects harder to see, and this may be some sort of metaphor for his current state of mind; he can’t tell one feeling from another. At least that’s how I see it but there are many different interpretations of this work of art. Braque may have had the intention to confuse others by painting this, in those times people had never seen anything like this before, and this was one of the painting that marked the start of Cubism. Cubism is where a piece of art shows several viewpoints of simple shapes simultaneously. In conclusion, I find this piece quick interesting as I have a personal love for music and playing with wax which this painting is based on. I love how different objects merge into each other; without the use of smudging but the complete opposite which is sharpening. I feel that the painting is definitely a symbolism of Braque’s life situation; a large puzzle which is being put back together wrongly. Whatever that was happening at the time of this painting’s appearance, Georges Braque was definitely feeling very confused about the situation.