Challenging Times For International Law

This article takes a snapshot in time of the relevance of international law. It does so by taking the historic purposes of international law as the point of departure for floating the idea that international law must cater to the reality of contemporary times to be sufficient.

For long, international law or the law of nations was understood as the panacea for resolving inter-state disputes. Those who viewed international law through the lens of criticism could but quote a few instances of its absolute failure. However, even the biggest of its opponents could not criticize international law endlessly because there were no Iraqs, Afghanistans, 9/11s or 7/7s for that matter.

The same is no longer true. A layman or a lawyer alike would rather paint a bleak picture of international law through the brush of the realities of ongoing armed conflicts to which international law has failed to put an end. A very important question naturally comes to mind: is international law living through challenging times? It is indeed. Is it sufficient as it stands today? Yes and no.

Historically, international law has served two main purposes: it has provided a platform for like-minded states (the traditional subjects of international law) to resolve their disputes through mutual debate. Secondly, it has narrowed down exceptions to the use of force. Unfortunately, these very purposes continue to be cast in serious doubt by recent developments at the international level.

Like-mindedness is a comforting triggering factor for states to agree on a dispute resolution framework. However, it is precisely just that. States are increasingly refusing to enter into negotiations with emerging subjects of international law on the pretext that they are opposed to civilization or that they do not share their vision of like-mindedness. Consequently, a disparity or grey area now exists between states and emerging subjects which is increasing by the day.

This disparity may partly be explained by sovereignty which is the jealously guarded claim by a state over its territory and existence. Sovereignty, in its nature, is opposed to claims by insurgents or terrorists. Historically, insurgencies, rebellions and terrorist acts have been dealt with with an iron fist by states. The veil of sovereignty has been pierced by international law mostly in the backdrop of the collective will of the international community. For instance the UNSC authorized collective action against Iraq in 1990 in which the sovereignty of Iraq was negotiated to the collective will of the international community.

However, sovereignty does not and can never constitute the biggest threat to international law. In the opinion of the authors, the gravest threats to contemporary international law lie in (i) the non-recognition that the context of like-mindedness as originally envisaged is in a gradual state of transition, (ii) that emerging subjects of international law are now a reality of the times in which we live and, (iii) the belief of states and emerging subjects that power is the sole constitution of international law.

Like-mindedness explains the most essential percept of the earliest foundations of international law. Like-mindedness is conceptually grounded in the belief that peace and mutual co-existence is the right of every state in the world. States elevated themselves to a horizontal level of the status of equals. In line with the understanding that equals cannot be treated unequally, states identified themselves as equals in terms of their legal rights and obligations towards one another even if the political and economic influence that they held individually would change.

A potent manifestation of like-mindedness inherent in traditional international law is the United Nations (UN) created in 1945. Its purposes included reaffirming the international rule of law, developing friendly relations among states and achieving international cooperation in solving disputes between states.

But the five decades of UN life and consequently the success of international law is viewed differently. Those who see the glass as half empty quote instances of the failure of the UN in providing solution to the Israel-Palestine dispute, putting an end to the Cold War, or in stopping the invasion of Iraq. Those who see the glass as half-full paint a picture in which a world without UN is shown hostage to chaos, with war as the rule and peace the exception. Both these views are tenable but fail to explain the reasons behind the inadequacy of international law in the present times.

The like-mindedness which was a founding feature of international law and the UN has inevitably failed to comprehend the reality posed by the emerging subjects of international law. In the past few years, notably after the tragic events of September 11, international law has been put to trial. The established principles of international law have been cast into doubt. It is increasingly being argued that they do not apply to emerging subjects.

It is a fallacy to assume so because when law and material reality collide, it is law that must accommodate. Insurgencies and terrorism are a reality. Concerted international efforts need to be made to find solutions through dialogue and debate. Account should be taken of the political milieu passing through which emerging actors of international law have matured at the international level. Disputes between states and emerging subjects of international law must be addressed through a bi-lateral framework in which they are treated as the new equals in an evolved paradigm of like-mindedness.

International law needs to avoid the allegation that its constitution is grounded in power. Sense of ownership over international law is crucial to international dispute resolution. It is one thing to despise terrorist acts and quite another to rule out negotiations or dialogue with terrorists. The first is a corollary of humanity. The second of common sense and wisdom. Allowing emerging subjects of international law to benefit from international rights and guarantees would inculcate in them a sense of responsibility towards international law.

International law has taken centuries to evolve but could easily fall victim to power if reason does not evolve its journey with the changed circumstances. It is important for internationalists to grasp the ramifications of change introduced by emerging subjects of international law. Responses that have familiarity with reality would avoid misconstruing the purposes of international law. Fear of risking sympathy towards emerging subjects of international law must be discarded altogether and they must be allowed to generate their perspective in an environment of dialogue.

The co-authors, Hassan Aslam Shad and Barrister Taimur Malik, are Research Fellows at the Research Society of International Law (RSIL), Pakistan. They may be contacted at: hshad@law.harvard.edu

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30 March

Attorney Client Agreements Understanding Your AttorneyClient Retainer Agreement

Youre in the attorneys office and you are about to sign a retainer agreement and enter into an agreement with the attorney, but do you really have a clear understanding of your agreement? Before you enter into any sort of an agreement with the attorney, you would be wise to consider the following points.

(1) Read the attorney-client agreement
(2) Purpose of the agreement
(3) Financial terms of the agreement

Read the attorney-client agreement
As trivial as it may sound, it is imperative that you read the entire contract or attorney-client agreement before you sign it. Often times one may feel rushed or feel that the attorney-client agreement is just a standard form that all attorneys use. Although it may be true that the attorney-client agreement may be a common contract, the language in the contract may vary vastly from firm to firm. Therefore, it is important that you read the agreement to know exactly what you are agreeing to. Additionally, an attorney should give you as much time as you need to review the contract and answer any questions you may have. Further, you would be wise to get a copy of any agreement you sign before leaving the attorneys office.

Purpose of the agreement
The attorney-client retainer agreement sets forth the ground rules for the attorney and client relationship. It is also supposed to build good will between the client and attorney. However, this is not always the case. For example, when the attorney-client agreement is not fully explained to you or if it is written unfairly to benefit the attorney, it can create complications and negatively impact the attorney client relationship. Be sure you understand the ground rules of the agreement before you agree to it.

Financial terms and conditions
Be sure you fully understand the financial terms and conditions of the agreement before you sign it. The type of fee agreement may be contingent, hourly, flat, or a mix or combination of each. Other costs such as filing fees, photocopies, mailing and couriers, mileage and travel, parking, and telephone calls should be clarified. If the attorney charges per hour, you will want to review the minimum billing unit or minimum time increments you will be bill for a task. For example, some agreements may state you will be charged in bill units of .10 of an hour (or 6 minutes) or perhaps .25 of an hour (or 15 minutes). To further illustrate, if an attorney charges $200 an hour and bills in minimum increments of .25 an hour, a task that took an attorney one minute would cost you $50! In general, a bill unit of .10 of an hour (or 6 minutes) is common. The fee agreement should be fair, reasonable, and fully explained to you. If you have questions about the fee agreement, be sure to ask and get clarification before you sign it.

Attorney-client agreements lay out some important ground rules and financial terms and conditions for the attorney and client relationship and before you enter into any sort of an agreement with the attorney, you will want to make sure you understand the agreement and its terms and conditions before you sign it.

2006 Child Custody Coach

Child Custody Coach supplies information, written materials, online materials, and coaching services to parents in the field of child custody, namely, divorce, custody evaluations, parenting, and all child custody related issues. Custody Match is an online matching service to help consumers find the right family law attorney, divorce lawyer, or custody attorney in their area.

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30 March

Las Vegas Real Estate Lawyers

When one decides to buy a house, he plans to invest most of his money in this major asset. For the same reason, great care becomes crucial, and that is when the need for a good real estate lawyer comes in.

A Las Vegas real estate attorney will play the role of a watchdog who can guide a client through the details and paperwork necessary for any house sale in Las Vegas. His work includes preparing and reviewing the clients sales contract, and making sure that buyers are aware of exactly what they’re getting and not getting. A diligent lawyer will act as a liaison between the buyer and the lender in order to avoid any last-minute surprises. He would then summarize the documents, which should be signed by the client to facilitate the transaction. Sometimes, after the sales contract is approved, problems may arise which might require the contract to be revised. At this stage, a good Las Vegas real estate lawyer will help settle such disputes peacefully. Depending on the amount of time spent on the case, Las Vegas real estate lawyers will charge flat fees of anywhere from $300 to $1,000.

However, the job of a Las Vegas real estate lawyer goes beyond handling the sale and purchase of a house. It also includes negotiating and planning agreements for purchases and sales of businesses. They also represent purchasers or sellers in real estate transactions, for example, finalizing the contract of commercial or retail properties.

It is also the duty of a Las Vegas real estate lawyer to act as a local counsel and issue opinion letters on Las Vegas issues in transactions throughout the United States and overseas.

Las Vegas Lawyers provides detailed information on Las Vegas Lawyers, Las Vegas Bankruptcy Lawyers, Las Vegas Real Estate Lawyers, Las Vegas Personal Injury Lawyers and more. Las Vegas Lawyers is affiliated with Fort Worth Criminal Attorneys.

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29 March

Houston DWI Lawyers: A Guide

When it comes to Houston DWI lawyers, you have plenty of choices. You can find them spread throughout Houston and its suburbs. You can locate them either through online resources or find them in yellow pages. A Houston DWI attorney will be able to protect you in case you are facing a DWI charge. A good Houston DWI lawyer should have detailed knowledge of the DWI laws governing Houston. Know about the laws that are applicable to your particular case. Before hiring the services of an attorney, do a bit of homework. You can always consult with your friends or colleagues, as they may have availed the services of one in the past. You can also ask for a referral from your attorney. A good referral always means that you are convinced of your attorneys capabilities to protect you.

A DWI conviction can carry a number of serious penalties which could affect you for a number of years after the fact. You can even loose your license. It is therefore important that your Houston DWI lawyer can argue your case forcefully and could protect your legal rights. Generally speaking a person can be charged for a DWI offense if their blood alcohol concentration is 0.08 percent or more. Younger people below the legal drinking age can also be charged for driving while being in an intoxicated state. DWI laws have implied clauses which require you to compulsorily submit to chemical testing at the request of law enforcement officials. Refusal to do so means enhanced punishment. There are also a number of other circumstances that can enhance your punishment to harsher levels. This is where the services of a good Houston DWI attorney are of vital importance.

A good Houston DWI attorney can help you reduce the charges against you. He/she may legally argue and point out the deficiencies in the chemical testing process. Your DWI attorney can also protect you from going to jail or paying hefty fines. A Houston DWI lawyer can bring to light a number of things that the law enforcement agencies may have done wrong, during a DWI arrest and help potentially mitigate charges against you.

A Houston DWI conviction also means that you have to deal with your insurance company. Your insurance company may increase your premium or even drop your coverage. A Houston DWI lawyer is better placed to help you out with these institutions. A Houston DWI lawyer is there to ensure that your legal rights are not compromised.

Houston DWI Lawyers provides detailed information on Houston Alcohol Treatment, Houston DWI Arrests, Houston DWI Defense, Houston DWI Fines and more. Houston DWI Lawyers is affiliated with Houston Criminal Lawyers.

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29 March

Invention Help… Don’t Get Scammed!

Invention help is available for a fee and a signed contract to split the profits. An invention submission company will take care of all the details.

The invention help expert will validate your invention through:

a. Internal project review or even new product feasibility assessment.

b. Product manufacturability assessment.

c. New product market assessment.

d. Intellectual property assessment or even prototype assessment.

Once through these, the next steps might be license agreement, patent management, manufacturing, marketing, distribution, fulfillment, project funding / financing, licensing and product development.

A caveat… Through media and web hype, many aspiring inventors identify invention submission companies or invention promotion companies as the best invention help. Not so. A number of invention submission corporations belong to the $300 million a year industry scam, according to MSNBC reports.

Stay updated. Read. Perform comprehensive research. Ask questions. Do background checks. Consistently verify.

You may well require expert invention help to get your invention from the drawing board to consumers at less cost. You may also need expert invention help to know your invention’s suitability.

Here are a few suggestions to get your invention help:

a. Get a patent lawyer.

Where? The USPTO, http://www.uspto.gov, United States Patent and Trademark Office. It examines and issues patents, as well as, examines and registers trademarks. The USPTO also brings a list of area registered patent attorneys and agents.

b. Call the bar association of your city. It may have a list of patent attorneys. A warning, carefully look through every reference of a prospective patent lawyer. Check each of their client roster and success percentage.

c. Keep abreast with the glossary of terms in filing for patents. They will come useful when terms of services and employment are discussed with the invention help.

d. Contact government advisory and private websites:

e. Ask questions. If legitimate, the invention submission company will address your concerns. Dont be easily impressed by invention help’s credentials. Verify the truth in advertising.

  • Can you get a list and talk to their industry contacts?
  • What is their success ratio? You can ask this under the 1999 American Inventor’s Protection Act.
  • Can you get an endorsement list from private and government sectors?

Get the best invention help but be proactive and diligent with background checks. This way, the invention help scam industry won’t claim you as a statistic.

*********************************************

Copyright 2005 Emmet Press All Rights Reserved

Emmet Press is a freelance writer on the topic of Invention Information and other subjects of interest. Check http://www.inventioninfo.info.

This article may be republished electronically and / or in print as long as it is unchanged and this resource box with its active links remain.

More articles at articles database

29 March

So You Want To Become A Lawyer?

Becoming a lawyer in todays society is a noble goal to undertake. There are many jokes about lawyers that we all have heard, but the truth is, it takes a lot of work to become a an attorney. Pursuing a career as an attorney allows one to experience the gift of helping people in ways that most people are unable to. If your heart ever goes out to struggling individuals legal battles, then this career may just be for you.

To get into law school, you must first have an undergraduate degree from an accredited institution. Unlike Medical school, there is not really a certain type of major that is required at this time of writing. Some may major in pre-law which focuses on the government, criminal justice and aspects of politics. But it would be perfectly fine to major in math or history. As long as your GPA is high enough to get into the college and your score well on the LSAT, then you increase your chances of getting into this field. Depending on what type of law you decide to study and the school you go to, requirements for your GPA will be different. For example, in you decide to go to Harvard Law School; your competition will be fierce because most of the people applying will have 4.0 GPAs. On the other hand, if you decide to go to a law school in Hawaii, the GPA requirements will be lower because most people will be trying to go to more recognized law schools. This is not to say that non Ivy League schools will not offer a wonderful education for any individual who is focused and determined. For example, the late Johnny Cochran did not got Harvard or Yale, but received his law degree from Loyola University School of Law in 1962. In 1977 he was named Criminal Trial lawyer of the Year. Cochrane later became one of the most sought after attorneys of his time.

Another point to mention is cost. Cost varies greatly depending on the affluence of the school. The tuition at Harvard is quoted on their website at 35,000 per year with an estimated 21,000 a year for living expenses. A law school in Hawaii is around 10,500 per year. Idaho is reported as one of the lowest with tuition cost of 6,700 per year. However, with inflation these costs are increasing each year. The Law college experience lasts three years currently. After this opportunities open up for Private Practice, Corporate Law, Military and teaching, just to name a few. This is an immense field and again, can offer some very rewarding experiences in your life if you choose to pursue this career.

William is the editor and author of a website that focuses on Lawyers. Visit Driving while impaired ability lawyer website today!

More articles at articles database

29 March

Invention Help… Don’t Get Scammed!

Invention help is available for a fee and a signed contract to split the profits. An invention submission company will take care of all the details.

The invention help expert will validate your invention through:

a. Internal project review or even new product feasibility assessment.

b. Product manufacturability assessment.

c. New product market assessment.

d. Intellectual property assessment or even prototype assessment.

Once through these, the next steps might be license agreement, patent management, manufacturing, marketing, distribution, fulfillment, project funding / financing, licensing and product development.

A caveat… Through media and web hype, many aspiring inventors identify invention submission companies or invention promotion companies as the best invention help. Not so. A number of invention submission corporations belong to the $300 million a year industry scam, according to MSNBC reports.

Stay updated. Read. Perform comprehensive research. Ask questions. Do background checks. Consistently verify.

You may well require expert invention help to get your invention from the drawing board to consumers at less cost. You may also need expert invention help to know your invention’s suitability.

Here are a few suggestions to get your invention help:

a. Get a patent lawyer.

Where? The USPTO, http://www.uspto.gov, United States Patent and Trademark Office. It examines and issues patents, as well as, examines and registers trademarks. The USPTO also brings a list of area registered patent attorneys and agents.

b. Call the bar association of your city. It may have a list of patent attorneys. A warning, carefully look through every reference of a prospective patent lawyer. Check each of their client roster and success percentage.

c. Keep abreast with the glossary of terms in filing for patents. They will come useful when terms of services and employment are discussed with the invention help.

d. Contact government advisory and private websites:

e. Ask questions. If legitimate, the invention submission company will address your concerns. Dont be easily impressed by invention help’s credentials. Verify the truth in advertising.

  • Can you get a list and talk to their industry contacts?
  • What is their success ratio? You can ask this under the 1999 American Inventor’s Protection Act.
  • Can you get an endorsement list from private and government sectors?

Get the best invention help but be proactive and diligent with background checks. This way, the invention help scam industry won’t claim you as a statistic.

*********************************************

Copyright 2005 Emmet Press All Rights Reserved

Emmet Press is a freelance writer on the topic of Invention Information and other subjects of interest. Check http://www.inventioninfo.info.

This article may be republished electronically and / or in print as long as it is unchanged and this resource box with its active links remain.

More articles at articles database

29 March

Attorney Client Agreements Understanding Your AttorneyClient Retainer Agreement

Youre in the attorneys office and you are about to sign a retainer agreement and enter into an agreement with the attorney, but do you really have a clear understanding of your agreement? Before you enter into any sort of an agreement with the attorney, you would be wise to consider the following points.

(1) Read the attorney-client agreement
(2) Purpose of the agreement
(3) Financial terms of the agreement

Read the attorney-client agreement
As trivial as it may sound, it is imperative that you read the entire contract or attorney-client agreement before you sign it. Often times one may feel rushed or feel that the attorney-client agreement is just a standard form that all attorneys use. Although it may be true that the attorney-client agreement may be a common contract, the language in the contract may vary vastly from firm to firm. Therefore, it is important that you read the agreement to know exactly what you are agreeing to. Additionally, an attorney should give you as much time as you need to review the contract and answer any questions you may have. Further, you would be wise to get a copy of any agreement you sign before leaving the attorneys office.

Purpose of the agreement
The attorney-client retainer agreement sets forth the ground rules for the attorney and client relationship. It is also supposed to build good will between the client and attorney. However, this is not always the case. For example, when the attorney-client agreement is not fully explained to you or if it is written unfairly to benefit the attorney, it can create complications and negatively impact the attorney client relationship. Be sure you understand the ground rules of the agreement before you agree to it.

Financial terms and conditions
Be sure you fully understand the financial terms and conditions of the agreement before you sign it. The type of fee agreement may be contingent, hourly, flat, or a mix or combination of each. Other costs such as filing fees, photocopies, mailing and couriers, mileage and travel, parking, and telephone calls should be clarified. If the attorney charges per hour, you will want to review the minimum billing unit or minimum time increments you will be bill for a task. For example, some agreements may state you will be charged in bill units of .10 of an hour (or 6 minutes) or perhaps .25 of an hour (or 15 minutes). To further illustrate, if an attorney charges $200 an hour and bills in minimum increments of .25 an hour, a task that took an attorney one minute would cost you $50! In general, a bill unit of .10 of an hour (or 6 minutes) is common. The fee agreement should be fair, reasonable, and fully explained to you. If you have questions about the fee agreement, be sure to ask and get clarification before you sign it.

Attorney-client agreements lay out some important ground rules and financial terms and conditions for the attorney and client relationship and before you enter into any sort of an agreement with the attorney, you will want to make sure you understand the agreement and its terms and conditions before you sign it.

2006 Child Custody Coach

Child Custody Coach supplies information, written materials, online materials, and coaching services to parents in the field of child custody, namely, divorce, custody evaluations, parenting, and all child custody related issues. Custody Match is an online matching service to help consumers find the right family law attorney, divorce lawyer, or custody attorney in their area.

More articles at articles database

29 March

Invention Help… Don’t Get Scammed!

Invention help is available for a fee and a signed contract to split the profits. An invention submission company will take care of all the details.

The invention help expert will validate your invention through:

a. Internal project review or even new product feasibility assessment.

b. Product manufacturability assessment.

c. New product market assessment.

d. Intellectual property assessment or even prototype assessment.

Once through these, the next steps might be license agreement, patent management, manufacturing, marketing, distribution, fulfillment, project funding / financing, licensing and product development.

A caveat… Through media and web hype, many aspiring inventors identify invention submission companies or invention promotion companies as the best invention help. Not so. A number of invention submission corporations belong to the $300 million a year industry scam, according to MSNBC reports.

Stay updated. Read. Perform comprehensive research. Ask questions. Do background checks. Consistently verify.

You may well require expert invention help to get your invention from the drawing board to consumers at less cost. You may also need expert invention help to know your invention’s suitability.

Here are a few suggestions to get your invention help:

a. Get a patent lawyer.

Where? The USPTO, http://www.uspto.gov, United States Patent and Trademark Office. It examines and issues patents, as well as, examines and registers trademarks. The USPTO also brings a list of area registered patent attorneys and agents.

b. Call the bar association of your city. It may have a list of patent attorneys. A warning, carefully look through every reference of a prospective patent lawyer. Check each of their client roster and success percentage.

c. Keep abreast with the glossary of terms in filing for patents. They will come useful when terms of services and employment are discussed with the invention help.

d. Contact government advisory and private websites:

e. Ask questions. If legitimate, the invention submission company will address your concerns. Dont be easily impressed by invention help’s credentials. Verify the truth in advertising.

  • Can you get a list and talk to their industry contacts?
  • What is their success ratio? You can ask this under the 1999 American Inventor’s Protection Act.
  • Can you get an endorsement list from private and government sectors?

Get the best invention help but be proactive and diligent with background checks. This way, the invention help scam industry won’t claim you as a statistic.

*********************************************

Copyright 2005 Emmet Press All Rights Reserved

Emmet Press is a freelance writer on the topic of Invention Information and other subjects of interest. Check http://www.inventioninfo.info.

This article may be republished electronically and / or in print as long as it is unchanged and this resource box with its active links remain.

More articles at article database

28 March

So You Want To Become A Lawyer?

Becoming a lawyer in todays society is a noble goal to undertake. There are many jokes about lawyers that we all have heard, but the truth is, it takes a lot of work to become a an attorney. Pursuing a career as an attorney allows one to experience the gift of helping people in ways that most people are unable to. If your heart ever goes out to struggling individuals legal battles, then this career may just be for you.

To get into law school, you must first have an undergraduate degree from an accredited institution. Unlike Medical school, there is not really a certain type of major that is required at this time of writing. Some may major in pre-law which focuses on the government, criminal justice and aspects of politics. But it would be perfectly fine to major in math or history. As long as your GPA is high enough to get into the college and your score well on the LSAT, then you increase your chances of getting into this field. Depending on what type of law you decide to study and the school you go to, requirements for your GPA will be different. For example, in you decide to go to Harvard Law School; your competition will be fierce because most of the people applying will have 4.0 GPAs. On the other hand, if you decide to go to a law school in Hawaii, the GPA requirements will be lower because most people will be trying to go to more recognized law schools. This is not to say that non Ivy League schools will not offer a wonderful education for any individual who is focused and determined. For example, the late Johnny Cochran did not got Harvard or Yale, but received his law degree from Loyola University School of Law in 1962. In 1977 he was named Criminal Trial lawyer of the Year. Cochrane later became one of the most sought after attorneys of his time.

Another point to mention is cost. Cost varies greatly depending on the affluence of the school. The tuition at Harvard is quoted on their website at 35,000 per year with an estimated 21,000 a year for living expenses. A law school in Hawaii is around 10,500 per year. Idaho is reported as one of the lowest with tuition cost of 6,700 per year. However, with inflation these costs are increasing each year. The Law college experience lasts three years currently. After this opportunities open up for Private Practice, Corporate Law, Military and teaching, just to name a few. This is an immense field and again, can offer some very rewarding experiences in your life if you choose to pursue this career.

William is the editor and author of a website that focuses on Lawyers. Visit Driving while impaired ability lawyer website today!

More articles at articles database

28 March