Role of the International Court of Justice Essay - 2

Role of the International Court of Justice - Essay Example contentious procedure1. This court is also responsible for giving advisory opinion regarding legal issue brought forth before the court by authorized UN and specialized agencies, i.e. the advisory procedure. This court has a number of 15 judges, and they are elected by the UN’s General Assembly. These judges normally serve for a term of 9 years, and the court is situated in Hague, the Netherlands2. This paper describes the function of this court, and it gives specific examples for purposes of demonstrating a particular role. This court is responsible for settling contentious cases, between states that agree to submit a case before it. Under this function, only member states of the United Nations can bring a case before the court, and after the ruling, the states under consideration must agree to follow and implement the ruling under consideration. It is important to understand that corporate organizations, Federal States, organs of the United Nations, and Non-Governmental Organizations cannot participate directly in the cases brought forth in the court3. However, the court allows these institutions to provide any information that would support and help the court to come up with a decisive and good conclusion regarding the case under consideration. It is important to understand that in as much as non state actors cannot participate in the proceedings of the court, a state can bring in a case in the court, for the main purpose of protecting the interests of its citizens or its own corporation. An example is the case that the United States brought before the court in 1980, in protest to the detention of American diplomats in Iran4. In this case, the judges of the ICJ ruled that Iran had violated the principles that guide diplomatic relations, and on this basis, the country should take responsibility for its actions. The court further went on to rule that

Globalisation and the State. Discuss Essay Example | Topics and Well Written Essays - 1750 words

Globalisation and the State. Discuss - Essay Example Initially, globalization seemed to be supportive towards the economic and social development of states; however, through the years the actual role of globalization has been revealed. Globalization has been introduced for supporting the interests of specific groups of people, of rich, a mission that it is aligned with the principles of neo-liberalism. The relationship between globalization and the state from a theoretical perspective is explained in this paper. Emphasis is given to neo-liberalism, a theory that it is closely related to globalization as analyzed below. The literature review developed for this study has revealed that globalization has contributed in the limitation of state’s powers and this activity has been based on the rules of neo-liberalism. The chances for the states to recover their powers seem to be limited and they are depended on the ability of governments to control the expansion of neo-liberalism worldwide. 2. Globalization and the state 2.1 Globalizat ion as a concept Globalization has been described as a process ‘of double polarization, of cultural fragmentation and of formation of transnational networks’ (Friedman 2003, p.17). In its common form, globalization can be characterized as an unfair political and economic framework. ... These networks aim to support the exchange of culture and the free movement of people, goods and capital worldwide (Westerfield and Abbink 2004). According to its supporters, globalization can highly benefit economies worldwide since it supports ‘trade liberalization, capital-labour mobility and exchange of information’ (Basu 2008, p.1). However, the relevant schemes are organized in such way that finally poor and people of low income are excluded from any benefit (Basu 2008). In this context, it can be said that globalization addresses the interests of a specific social group, the rich; the latter are the main beneficiaries of globalization’s benefits (Basu 2008). A clear example of the above case is the following: under the influence of globalization the concept of transnationalism has been promoted worldwide (Friedman 2003). Transnationalism is based on the elimination, or the limitation, of national identity and the creation of populations that represent diffe rent cultural and social ethics (Friedman 2003). However, such plans have led to the radical increase of violence worldwide (Friedman 2003), a fact that shows the inability of globalization to serve national interests and its close relation to personal interests, meaning the interests of groups of people. In other words, globalization is highly involved in activities that should be, normally, monitored and initiated by the state and not by global networks, i.e. groups of individuals who support the expansion of globalization. The relationship between globalization and the state is analytically explained in section 2.3.2 using the neo-liberalism approach. 2.2 Which are the key characteristics and the role of state? Different criteria have been used in the literature for describing