Wednesday, May 6, 2020

Nursing Practice in Australia-Free-Samples-Myassignmenthelp.com

Question: Disuss about the Mental Health Nursing Practice in Australia. Answer: Over the past two decades the mental health nursing practice in Australia have significantly changed in terms of delivering care for young people and to people from different cultures. The essay critically analyses the impact of the change in the care delivery process in the mental health nursing on the clinical and the psychosocial outcomes. The focus of the paper is on the mental health care delivery for people of different culture. The essay discusses the psychosocial outcomes of mental health nursing in this target group. Cultural diversity in Australia continues to increase growing population of refugees and migrants. Refugees and immigrants arrive in Australia for diverse purposes, which make the country a multi-cultural society. Most of them belong to Vietnam, China, India, New Zealand, UK and Italy (Kidd et al., 2015). The process of resettlement puts mental health of these people at risk. In Australia, the mental health disorders are highly prevalent among the culturally diverse community. This culturally diverse population was the core consideration of mental health policy making and the funding for the implementation of the policies. However, two decades ago the these policy statements were not translated into implementation objectives. There was lack of sufficient funding to support implementation. In addition, there was no reporting of the progress against policy developed for refugee and immigrant communities (Holland, 2017). According to De Crespigny et al. (2015), dealing with the culturally diverse people involves challenges due to language and cultural barriers for mental health nurses. Only few small-scale studies reported high prevalence of the mental health disorders in Indigenous, refugee, and immigrant communities. The findings were incomplete and contradictory. These communities were reported to underutilise the specialist private mental health services, primary care, psychiatric disability and rehabilitation support services. These scenarios have changed a lot with the introduction of policy making an inclusion of culturally diverse people in decision-making, introduction of medical interpreters who offer translating and interpreting services. In recent decade, Australia has made impressive start to measure routine outcome in mental health nursing (McMurray Clendon, 2015). Outcome measures mainly include cognition, emotion, functioning measures of quality of life. The clinical outcome mainly includes improvement in systematology and functioning of individuals instead of personal recovery. The social outcome indicators were identified as participation of young, older adults and working people from different cultures in mental health services and reduction in stigmatisation attitude (Thornicroft Slade, 2014). However, currently the immigrants and refugees adolescents who are mental health patients can access Refugee health network of Australia at two fold higher rate that in three decades ago. These networks provide professionals who are specialised in refugee health. Other organisations such as Mental Health in Multicultural Australia also offer translated sources, which is mainly accessed by the non-English speaking communities. It includes Pakistani, Mandarin, Cantonese and Arabic people (Minas et al., 2013). Several recent policies include clearer focus on utilisation of the mental health resources by the CALD communities in Australia. The mental health nursing practice has changed with the introduction of Australian College of Mental Health Nurses Aboriginal and Torres Strait Islander Special Interest Group (Morrison-Valfre, 2016). These programs aim to develop culturally competent mental health care services by introducing Transcultural nursing. These programs have increased the hos pitals admission rate for psychosis, dementia, Schizophrenia among the ethnic and minoritys community in Australia (mainly people from New Zealand, Australian Aboriginals and UK) (Stuart, 2014). As per the reports of 2010 based on the survey of mental health disorder among the immigrant and communities of culturally and linguistically diverse population, the prevalence of anxiety disorders, substance abuse disorders, psychosis, posttraumatic stress disorder have decreased by three times in the last two decades. The self-harm and the suicide behaviours profoundly seen in Aboriginal adolescents and asylum seekers have reduced but not remarkably in last two decades (Cleary et al., 2014). These reports showed greater participation of women than men, in services for anxiety disorders in Chinese community. The GP consultations among the refugees from Bangladesh, Vietnam, Pakistan, India and other refugee communities have improved in last two decades. There is an increase in mental health literacy among the Chinese community in last two decades living in Melbourne. A greater participation in psychotherapy sessions was found among the overseas students from New Zealand and India for general anxiety disorder and post-traumatic stress disorder (Mace et al., 2014). According to the latest survey of mental health and well-being, there is increase in people from different culture reporting about fulfilment of the mental health care needs. Depressive symptoms were found to decrease in the Tamil asylum seekers. Burmese refugees showed greater access to treatment for post-traumatic stress treatment. In the last two decades, the Vietnamese refugees showed low presentations to mental heaths clinics. There is a negligible improvement in the self-harm behaviour and suicide risk rates among the young and elderly adults of Northern, western and Eastern Europeancommunities. A low suicide rate was found in immigrants from Sothern Europe, South-East Asia, and the Middle East in Australia (Lam et al., 2010). A greater percentage of Aboriginal and Torres Strait Islanders people particularly adolescents still represented in drug and alcohol abuse, psychosis, schizophrenia, post-traumatic stress disorder, obsessive-compulsive disorder and general anxiety disorder. The findings that are two decades old report lower utilisation of the mental health services (Truong et al., 2014). The policy of social inclusion allowed more mental health patients to participate in education and training programs, voice their feelings to influence decisions, deal with crisis and connect with family and friends (De Crespigny et al., 2015). However, these data does not indicate too much about improvement in the clinical and psychosocial outcomes of people from diverse cultural background. Based on the through literature search, it can be concluded that the there is an improvement in the clinical and psychological outcomes with changes in mental health nursing practice for people from different cultures. These outcomes were evident due to policy making with criteria of social inclusion, Transcultural nursing and accessibility of services such as medical interpreters and mental health services for refugees and advocacy organisations, Refugee health network of Australia. Thus, the improvement in the psychosocial outcomes such as optimism, social inclusion, development of positive identity, meaningfulness in life among the culturally diverse mental health people is still debatable. References Cleary, M., Jackson, D., Hungerford, C. L. (2014). Mental health nursing in Australia: resilience as a means of sustaining the specialty.Issues in mental health nursing,35(1), 33-40. De Crespigny, C., Grnkjr, M., Liu, D., Moss, J., Cairney, I., Procter, N., ... King, R. (2015). Service provider barriers to treatment and care for people with mental health and alcohol and other drug comorbidity in a metropolitan region of South Australia.Advances in Dual Diagnosis,8(3), 120-128. Holland, K. (2017).Cultural awareness in nursing and health care: an introductory text. CRC Press. Kidd, S., Kenny, A., McKinstry, C. (2015). The meaning of recovery in a regional mental health service: an action research study.Journal of advanced nursing,71(1), 181-192. Lam, A. Y., Jorm, A. F., Wong, D. F. (2010). Mental health first aid training for the Chinese community in Melbourne, Australia: effects on knowledge about and attitudes toward people with mental illness.International journal of mental health systems,4(1), 18. Mace, A. O., Mulheron, S., Jones, C., Cherian, S. (2014). Educational, developmental and psychological outcomes of resettled refugee children in Western Australia: a review of School of Special Educational Needs: Medical and Mental Health input.Journal of paediatrics and child health,50(12), 985-992. McMurray, A., Clendon, J. (2015).Community Health and Wellness-E-book: Primary Health Care in Practice. Elsevier Health Sciences. Minas, H., Kakuma, R., San Too, L., Vayani, H., Orapeleng, S., Prasad-Ildes, R., ... Oehm, D. (2013). Mental health research and evaluation in multicultural Australia: developing a culture of inclusion.International journal of mental health systems,7(1), 23. Morrison-Valfre, M. (2016).Foundations of Mental Health Care-E-Book. Elsevier Health Sciences. Stuart, G. W. (2014).Principles and Practice of Psychiatric Nursing-E-Book. Elsevier Health Sciences. Thornicroft, G., Slade, M. (2014). New trends in assessing the outcomes of mental health interventions.World Psychiatry,13(2), 118-124. Truong, M., Paradies, Y., Priest, N. (2014). Interventions to improve cultural competency in healthcare: a systematic review of reviews.BMC health services research,14(1), 99.

Monday, April 20, 2020

Principle of International Law

Whether the Court can exercise jurisdiction in the case The ICJ can exercise jurisdiction in this case. The Court has a double jurisdiction. The Court acts on disputes that various States submit to it (contested cases) and cases that the UN authorised bodies and agencies may refer for legal opinions.Advertising We will write a custom critical writing sample on Principle of International Law specifically for you for only $16.05 $11/page Learn More The Court shall consider the case under Article 38 of the Statute â€Å"in accordance with international law† and apply sources of law based on the international convention, international customs, the general principles of law as civilised nations recognise them, and provisions under Article 59.1 Territorial claim between Neganda and Kantara falls within these four areas. The States may accept the compulsory jurisdiction of the ICJ. The ICJ has dealt with a number of territorial jurisprudence. However, th e nature of these cases varies. Therefore, it is almost impossible to prioritise and categorise what factors the Court uses to provide decisions. This tendency makes the ICJ unattractive place for territorial cases. Taylor Sumner examined territorial disputes at the ICJ and concluded that there were nine areas relevant to adjudicating territorial claims: â€Å"treaty law, geography, economy, culture, effective control, history, uti possidetis juris (â€Å"to whom possesses by law†), â€Å"elitism†, and ideology†.2 In addition, Sumner established that the ICJ mainly bases its decisions on â€Å"treaty law, uti possidetis, and effective control† (Sumner 2004). The ICJ statute provisions also note that the Court â€Å"shall not prejudice the power of the Court to decide in cases ex aequo et bono (based on equity and welfare), if the parties agree thereto†.3 However, the Court shall act on this case because the decision on a legal ground is not possibl e and concentrate on equities. However, the ICJ has not based all cases on equitable principles. We must note that the ICJ may consider equitable principles infra legem (under law). This shall enable the Court’s interpretation and application of the law to consider both facts and conditions surrounding Kantara and Neganda case. The principles of law that will be applicable to the substance of the territorial dispute between Kantara and Neganda Treaty law Treaties bind parties under international law, irrespective of their formal designation. Treaties are only relevant in cases where bodies with a treaty-making capacity participate. This is the case of Kantara and Neganda. These states have a treaty-making capacity.Advertising Looking for critical writing on international relations? Let's see if we can help you! Get your first paper with 15% OFF Learn More These states are also parties to the Central African Treaty of Friendship and Non-Alignment. This treaty mea ns that states can formulate obligations and rights which international law can enforce. The Vienna Convention 1969 recognises written treaties. However, the absence of writing does not mean such agreements are not enforceable under international law. The Convention is not clear on when an international agreement falls under treaty. However, the instrument must have some solemnity and gravity. The Court can consider past cases to make a decision on Neganda and Kantara territorial dispute. For instance, in the case of a territorial dispute between Libya and Chad, the ICJ considered the treaty of 1955 on Friendship and Good Neighbourliness. These parties had to interpret the Treaty of Friendship and Good Neighbourliness in a good faith and apply an ordinary meaning to it. In this case, the Court must establish the provision of the Central African Treaty of Friendship and Non-Alignment and base its decision of such provisions. This is because the treaty may have annexes that clarify th e boundary under agreements. This may settle the issue and disregard arrangement between Kantara and Russia. In another similar case of Belgium and Netherlands, both parties claimed territorial enclaves that crossed the established borders. The Court based its decision on effective control and treaties. The Court argued that the Dutch side did not undermine bases of sovereignty by limited control over an enclave. In this case, from the British point of view, the area of the land ‘attached’ to Kantara came under the administration of Kantara. Based on administrative effective control Kantara has maintained over the island, the Court may award the enclave to Kantara. The Court must also consider the Kantaran declaration accepting the Court’s compulsory jurisdiction, dated 10 May, 1970 and the Negandan declaration of 1 April, 1976, excluded from the jurisdiction of the Court and their relevant contents. It must also note that these declarations do not have any condi tion of reciprocity.Advertising We will write a custom critical writing sample on Principle of International Law specifically for you for only $16.05 $11/page Learn More Uti possidetis This principle of international law claims that a territory shall remain with the party who possess it after conflict, unless a treaty may define otherwise. A treaty may have conditions regarding possession of a territory. However, in the absence of such provisions, uti possidetis prevails. In this case, Kantara has possessed the enclave ever since colonial periods. The principle was useful in the issue of Kosovo. However, the Court should consider the political reasons behind uti possidetis provisions in border disputes. For instance, the British colonialists used the enclave for their administrative purposes in Kantara. The Court may base its decision on utis possidetis juri to grant Kantara the enclave. This shall reflect the former colonial boundaries and administrati ve positions. However, we have to note that not all rulings of the case may favour the principle of utis possidetis juri. For instance, in the case of a territorial dispute between Mali and Burkina Faso, the Court defined uti possidetis juri as â€Å"a principle that transforms former administrative borders created during the colonial period into international frontiers†.4 5This implies that uti possidetis juris acted as a decolonisation tool in order to preserve and protect the independence and stability of new African countries. Based on this argument, the Court may grant the enclave to Neganda. This also means that the Court may departure from the principle of uti possidetis juris. Considering this case, the Court may consider the British administrative boundary as an international frontier. The Court must also note that the principle of uti possidetis juris has changed over time. It now includes issues concerning â€Å"democracy, human rights, the rule of law, and rights of the minority groups† (Hasani 2003). In this regard, the Court must ascertain Neganda claims of ill-treatment of its native in the enclave under administration of Kantara. Effective control (effectività ©s) The principle of effective control has both internal and external aspects. Internally, a State government has the capacity to â€Å"establish and maintain a legal order in the sense of constitutional autonomy whereas externally, the State can act autonomously on the international level without being legally dependent on other states within the international legal order†.6Advertising Looking for critical writing on international relations? Let's see if we can help you! Get your first paper with 15% OFF Learn More The Court may dismiss Kantara claims of administrative control from colonial periods to present and sovereign over the enclave and establish a legal title. If the Court can establish a legal title from the British colonial time, then the matter can end. However, if the Court fails to ascertain effective control, then it can apply utis possidetis based on the colonial boundaries. However, due to changes in the boundary it would be difficult to determine the exact location of the previous boundary. In this case, the Court can decide to divide the disputed enclave in two halves on equitable basis under infra legem. This was the case of Burkina Faso and Mali frontier dispute. History Historically, Kantara has always possessed and exercised administrative control over the area. However, the enclave has an ethnic group from Neganda. The Court may consider the history in this case because of its clarity. Consequently, the Court may grant Kantara the enclave based on evidence of the Kantara ’s long-established and effective control of the enclave since colonial periods. This was the case of France and the UK regarding Channel Islands where the Court granted the UK the islands based on its history.7 The Court must also consider the fact that African leaders insisted on preserving the administrative boundaries which colonialists established. Enver Hasani notes that African countries, which make territorial claims on grounds of history and ethnic entitlements, have lost their claims. However, uti possidetis juris has worked for most African states. These were cases of Somali and Mali. The Court shall also assume that Kantara and Neganda can avoid territorial conflicts by recognising their former colonial administrative boundaries. In this context, it can apply the Article 2(4) of the UN Charter to protect such territories. Explain and critically discuss the following statement ‘It is noted that rather than stating conditions of legality of secession, internat ional law has traditionally acknowledged secession subsequent to a factual state of events which has led to a situation in which the constitutive elements of a State are present’. (Written Statement of the Kingdom of Norway in the Kosovo Advisory Opinion case) The birth of a new state is an important event in the international politics. This is of interest to scholars in international law because a new state shall carve its territory from an existing state in order to declare independence. It also provides opportunities to review the legal ramifications of processes involved in creating a new state under provisions of international law. Thus, the secession of Kosovo and the subsequent verdict of the ICJ on the issue raise issues worth examining under the above statement.8 The independence of Kosovo in 2008 from Serbia raised issues because Serbia did not provide its consent. Thus, there was no coordinated independence as Kosovo took a section of Serbia’s population and territory. These are facts of Kosovo secession. Under international law, an entity has a right to secede when the state it belongs to recognise that and when it also reviews constituents rights to self-determination as was the case of South Sudan. The right to self-determination remains limited based on the principle of territorial integrity of a state. The case of Kosovo is slightly different. From the history of Kosovo, the international community rejected Kosovo’s claims to secession. As a result, Kosovo only had remedial secession as a viable legal option. Remedial secession grounds have disputes on de lege lata (the law as it exists) and de lege ferenda (what the law ought to be). The history of Kosovo also provides reasons for remedial secession. For instance, Milosevic engaged in systematic discrimination of Kosovo Albanians (cultural group of Serbia). There were no possibilities of achieving meaningful and mutual solution through peace. Thus, the abuse of 1990s made the international community recognise the plight of Kosovo Albanians. The Security Council Resolution 1244 of 1999 depicts a rejection for secession. However, this document has resolutions that guarantee Kosovo Albanians the right to self-determination. Over time, states have recognised the independence of Kosovo due to a gradual change of its population that has evolved from a minority to people. This move contradicts the norm of state practice. This is because, in the past, states have based their recognitions of new states on the consent of the parent state to separation. Thus, recognition of Kosovo as an independent state show grounds for remedial secession in legal situations. The US argued that Kosovo was a special case based on its history of abuse, systematic ethnic cleansing, Yugoslavia breakup, and the role of the UN administration. These features were special to Kosovo. As a result, the US recognised Kosovo as an independent state with no precedent for any other condition s.9 Serbia showed concern about Kosovo’s declaration of independence in 2008 and sought the advisory opinion of the ICJ on the legality of Kosovo as a state. The ICJ released its advisory opinion in 2010 that Kosovo’s declaration of independence did not break general principles of international law. The Court based its decision on the UN Security Council Resolution 1244 and the Constitutive Framework. In addition, the Court also considered the unique history of Kosovo under Serbia. Scholars note that premature recognition of Kosovo presented legal challenges before the international law.10 They argue that the case of Kosovo was non-precedential. They also note that even states that recognised Kosovo have clearly refused to create rules governing remedial secession. In the case of Kosovo, secession was the only option for ending oppression of the Kosovo Albanians. This is the basis of the doctrine of remedial secession. However, we can note that the doctrine of remedial secession has a weak legal base and foundation. This explains why Serbia questioned the legality of Kosovo’s independence. It shows that secession is not an entitlement even under oppression. However, when the oppressed minority strives to create their own state, then remedial secession remains the only option with international recognition. Thus, remedial secession depends on recognition from the international community so as to make it legal. Under the UN Charter, remedial secession has grounds through recognitions. This explains why Kosovo’s declaration of independence was legal. However, the case of Kosovo independence sets precedence for review of international law as the doctrine of remedial secession is weak. Kosovo only survived because of a combination of several factors that made it a special case before the international community and the ICJ. Kosovo set a precedent for states or minority groups on how to use remedial secession. The ICJ confirmed Kosovoâ₠¬â„¢s claim for statehood and the issue of legality under international law did not deter it. We can see that remedial secession can establish grounds for minority groups to hold the state accountable for issues under international obligations. By referring to Kosovo as a special and unique case, the international community disregarded the base and theory of remedial secession. It also created irreproachable states. Kosovo’s case is significant in identification of loopholes that exist in international law and legality of secession. The case of Kosovo presented the international community with a suitable chance to clarify issues of remedial secession. These issues should include types of alternatives that parties should exhaust, threshold of abuse considered, the issue of uti possidetis juris, description of cultural groups, claims of the parent state, and effects of the secession. Clarification of these issues can present grounds for the international community to gauge sece ssion and avoid issues of unique and special case. This can show a state of arbitrariness in state secession as the case of Kosovo is similar to secession of Bangladesh from Pakistan. â€Å"International Law is made of a succession of apologetic and utopian moments and arguments.† The above statement is true due to serious weaknesses in the system. In addition, the system of international law is never perfect. These weaknesses may be due to lack of vital formal institutions and systems, lack of certainty, manipulation, and disregard by states. However, there are many chances for reforms and improvements. We can also look at the above statement from the point of view of structure of international law and specific issues that arise during enforcement. To this end, various scholars have given their arguments and theories about international law and its origin.11 Koskenniemi argues that international law lacks legal objectivity at all. This is a deconstructive approach to explain ing international law. Such theorists argue that states can use international law to criticise or justify international behaviours on a rational ground. According to these critics, we can justify or condemn a given behaviour using a â€Å"conjunction of politics, morality and self-interest† (Dixon 2007). Thus, such behaviours can happen in any setting and for reasons not related to any legal rule. Some jurists claim that international law is a means of pursuing a given community values. Thus, interpretation and application of all rules should conform to such values. This is a value-oriented approach in explaining the existence of international law. Some of these values include â€Å"world public order†. Proponents of this view include McDougal, Lasswell and Feliciano. Realists claim that we should view international law based on the impact it has on the conduct of the international community and relations, rather than trying to establish its validity as a law. This vie w posits that what is important is the influence of international law in international politics and relations. Issues of acceptance or obedience to international law are irrelevant. Therefore, its role to enhance international politics is what matters. Some scholars apply non-statist theories to explain the nature of international law. They disregard the fundamental principle of international law as a system created mainly for states and by states. They claim that notable developments in international law render its fundamental concept narrow. They seek to show the importance of international law to individuals. In addition, international law should also be a means of gaining justice and accommodating diverse cultures and ethic orientations of the modern world since the world no longer revolves around Europe. This view has gained popularity especially with issuing relating to the ICJ ruling on Africa states. For instance, Gbenga Odentun claims that both the ICJ and Permanent Court o f Arbitration (PAC) have shown a lack of interest in matters regarding African states and their Western counterparts. The author also claims that representation of Africans in these institutions is insufficient. According to Odentun, this undermines the basis that such courts within their charter should represent â€Å"the principal legal systems of the world†.12 This idea has gained popularity as states depend on international law for checking excesses of other sovereign states.13 Any attempt to achieve a consensus or conclusion regarding the nature, source, or system of international law shall draw criticisms from all quarters. What is of importance in this case is the binding problem that leads to the formation of international law. Such problems are both national and international matters. At the national level, we have an institution like the Australian parliament that has the mandate to create laws. This is not the case with the international law. However, the significa nt issue is that states and individuals have recognised international law. Such a succession of apologetic and utopian moments and arguments drives vital interests of states. However, we must note that a vital interest of state is important than the dictates of the law. The legal system may recognise vital interests in cases of self-defence in relation to international law. In this regard, the international law may not be different from any national law and the issue of obedience may not arise. However, we can see that due to weaknesses in international law, states can violate it. In this sense, it becomes a weaker system than any other national legal system that has machinery for enforcement. It is difficult for states to rely on international law in situations where their vital interests are under threat.14 As a result, they are likely to engage in illegal conducts. These could be the reasons for â€Å"the US invasion of Iraq and Afghanistan and NATO’s 1999 action in Serbi a† (Dixon 2007). From these observations, we can note that international law cannot stop such attacks. However, this does not mean it is irrelevant when it comes to protection of vital interest of states. The international community can formulate laws to control future behaviours of such states and soften their approaches. This also leads to confusion about the major role of international law in relation to political and diplomatic crises. In all, international law role should be to ensure â€Å"world public order† among international communities. Therefore, what shows the effective of vital rules of international law is the extent to which states obey or enforce them. This is the failure of international law. It cannot enforce its vital rule of prohibiting the use of force against other states. Such creations of international law have led to lack of certainty. It is too flexible and open to manipulation. For instance, we can see that Serbia challenged Kosovo’s d eclaration of independence because the international law was not clear on remedial secession. This lack of clarity can lead to disputes among states. Thus, the issue of creation of international law is debate that cannot end. However, the fundamental concept is that international law protects sovereign states with regard to their international relations. Therefore, these rules are for states and created by states as they give state sovereignty high regards as it is the fabric that holds international community. We have to recognise that states need international law and its processes of creation remain irrelevant. Bibliography Cismas Ioana, ‘Secession in Theory and Practice: the Case of Kosovo and Beyond’ (2010) 2(2) Goettingen Journal of International Law 531-587. Dixon Martin, Textbook on International Law (Oxford University Press, 2007). Harris David, Cases and Materials on International Law, 7th ed (Sweet and Maxwell, 2010). Hasani Enver, ‘International Law un der Fire: Utis Possidetis Juris: From Rome to Kosovo’ (2003) Fletcher Forum of World Affairs 1-3. Malanczuk Peter, Akehurst’s Modern Introduction to International Law (Routledge, 1997). Odentun Gbenga, ‘Africa before the International Courts: The Generational Gap in International Adjudication and Arbitration’ (2004) 44(4) Indian Jrn. Int. Law 701-748. Sumner Taylor, ‘Note: Territorial Disputes at the International Court of Justice’ (2004) 53 Duke Law Journal 1779-1812. Vidmar Jure, ‘Remedial Secession in International Law: Theory and (Lack of) Practice’ (2010) 6(1) St Antony’s International Review 37-56. Footnotes 1 U.N. Charter, Chapter VI, â€Å"Pacific Settlement of Disputes.† Article 33.1: â€Å"The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbit ration, conciliation, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.† 2 Sumner Taylor, ‘Note: Territorial Disputes at the International Court of Justice’ (2004) 53 Duke Law Journal 1779-1812. 3 Statute of the International Court of Justice, annexed to the Charter of the United Nations (1945), entered into force, October 24, 1945. 4 Enver Hasani, International Law under Fire, Uti Possidetis Juris: From Rome to Kosovo, Fletcher Forum of World Affairs, 2003. 5 1986 ICJ 570 (December 22). 6 Malanczuk Peter, Akehurst’s Modern Introduction to International Law (Routledge, 1997). 7 1953 ICJ Reports (ICJ) 47 (17 November). 8 Cismas Ioana, ‘Secession in Theory and Practice: the Case of Kosovo and Beyond’ (2010) 2(2) Goettingen Journal of International Law 531-587. 9 U.S. Department of State, U.S. Recognizes Kosovo as Independent State, Washington D.C., (18 February 2008). 10 â€Å"In the v iew of Oliver Corten by â€Å"prematurely† recognizing Kosovo third states are in breach of the principle of sovereignty and of non-intervention in the internal affairs of Serbia† (Cismas, 2010). 11 Dixon Martin, Textbook on International Law (Oxford University Press, 2007). 12 Gbenga Odentun, â€Å"Africa before the International Courts: The Generational Gap in International Adjudication and Arbitration,† Indian Jrn. Int. Law, 44:4, (Oct.-Dec. 2004), pp. 701-748. 13 Harris David, Cases and Materials on International Law, 7th ed (Sweet and Maxwell, 2010). 14 A. D’Amato, ‘Trashing Customary International Law’, 81 American Journal of International Law (1987) 1, 77, 102. This critical writing on Principle of International Law was written and submitted by user Ian U. 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.

Wednesday, April 15, 2020

Are You Ready to Write About Native American Women in Academia?

Are You Ready to Write About Native American Women in Academia?If you were to go back and read an essay sample, you will be surprised at how much progress women have made in the past century. Back then, women had no opportunities to advance in academics, yet many of them did. In fact, I believe that they were the first to successfully complete a PhD.In this article, I am going to discuss what has happened in the last hundred years with regards to academic culture. First of all, the standards that colleges set for admission and graduation are not particularly high. This causes a lot of problems for African-American women. In fact, it is almost impossible for women of color to move up in academia, in part because of the racial discrimination that was rampant before the civil rights movement.Even if there is some kind of advancement within academia, many women of native origin cannot break into this elite group. For example, there are about thirty percent of Hispanic women who graduate from a PhD program. However, even though they do finish their degree, it takes a very long time.There is still racism in academia that favors white men, and this hurts the progress of women. Many black women in academia are constantly faced with the problem of wanting to succeed and being forced to work harder. It seems that the majority of universities do not want to give a chance to women of African descent in their academic program.The reasons why this happens are obvious, but you cannot write an essay sample about that. So how does one get around this? Here are some suggestions.The first thing that you need to do when writing an essay sample is to write about your own experiences as a woman in academia. If you are writing about yourself, you can use the word 'I' twenty-four times in the first paragraph, and throughout the rest of the paper. By including a personal narrative, you make it clear that you have been there before other women.The second thing that you should do when wr iting an essay sample about women in academia is to add a section that discusses how well you fit in the white male category. By explaining how successful you have been in academia, you make a point to prove that you are a worthy candidate for advancement. You should also emphasize how much success you have enjoyed in the past and explain why you deserve to be where you are now.To summarize, if you want to succeed in academia, it is very important to write about women of native origin in this century. By emphasizing their accomplishments, you prove that you belong there, and you make it very easy for people to see your value.

Sunday, March 15, 2020

Why Choose a Single-Sex School

Why Choose a Single-Sex School No single educational environment is right for every student. From varying learning styles to different interests, education has become an incredibly diverse and customized experience for students. For some children, the best learning environment is one that removes students of the opposite gender from the equation.  Research has shown that single-sex education offers benefits for both girls and boys. While it has long been known that girls do better academically in all-girls’ environments, more recent research has shown that boys may fare even better than girls in single-sex classrooms. The research fairly overwhelmingly and  consistently points to the advantages of single-sex schools. For example, a study at Stetson University  in Florida showed that among fourth graders at a public elementary school in the state, 37% of boys reached proficiency levels in co-ed classes, while 86% of boys in single-sex classrooms did (the boys in the study were matched so that they were statistically equivalent). While 59% of girls reached a proficient level in co-ed classrooms, 75% did when they were only with girls. This type of research has been carried out and substantiated among students of different economic, ethnic, and racial backgrounds in many different industrialized countries around the world. Part of the magic of single-sex schools is that the teaching methods can be adjusted to the students. Well-trained teachers at girls’ and boys’ single-sex schools can take advantage of the specific ways in which girls and boys learn. For example, boys often need a higher level of activity, while girls might need more reassurance that they have something to offer to the classroom discussion. In a typical co-ed classroom, it is difficult for one teacher to use these specific strategies for all the students. Here are some other advantages of single-sex schools: Girls Gain Greater Confidence CRC Health studies show that one-quarter of the female members of Congress and one-third of the female board members of Fortune 100 companies attended girls’ schools. This staggering statistic might be in part because girls in single-sex schools learn to feel confident about their ideas, and they more readily jump into class discussions when they are not self-conscious. In a girls’ school, students are not worried about what boys will think about them, and they shed the traditional idea that girls should be demure or quiet. Boys and Girls Feel Comfortable in Non-traditional Subjects Boys in boys’ schools feel comfortable in areas that they learn to avoid in co-ed schools, such as literature, writing, and foreign languages. Many boys’ schools emphasize these subjects, and the teachers in these schools are able to plan the curriculum so that the themes in the books the boys read are geared towards their concerns and interests, as opposed to the usual â€Å"girl-centered† books in many co-ed schools. For example, boys may read stories about boys coming of age, such as Homer’s The Odyssey, and the students’ analyses of these works can be centered on boys’ concerns. Girls in girls’ schools, on the other hand, tend to feel more comfortable in areas that they traditionally shy away from, such as math and science. In all-female schools, they can have female role models who enjoy these subjects, and they are encouraged to be interested in these areas without competition from boys. Students Unlearn Gender Stereotypes In boys’ schools, boys fill every role- whether it’s a traditional role such as captain of the basketball team or whether it’s an untraditional role such as the editor of the yearbook. There are no stereotypes about which types of roles boys should fill. Similarly, in a girls’ school, girls are the head of every sport and organization and can comfortably take on such untraditional roles as head of the student body or head of the physics club. In this way, students in these schools unlearn traditional stereotypes and do not tend to think of roles in terms of gender. Single-Sex Classrooms Often have Better Discipline While sometimes all-girls’ and all-boys’ classrooms have a certain relaxed quality borne of freedom to express themselves, single-sex classrooms have been shown overall to have fewer discipline problems, particularly for boys. Students are no longer busy impressing or competing against the opposite sex but can get down to the true business of learning. Many parents who attended co-ed schools may feel uncomfortable at first exploring the single-sex school option for their children, but there is no doubt that many students learn better in these types of schools.

Friday, February 28, 2020

The Substance of Justice Assignment - Sex Offender Records

The Substance of Justice - Sex Offender Records - Assignment Example The sentence for this offence is highest among the penalties subjected to sex offenders. Indecency with a minor is another offence. It involves exposing an adult’s private parts in front of children. In addition, touching the genital of a person of the opposite sex without consent is a sex offence documented in the State department for public safety. Unfortunately, sex offences are mostly targeted at children. In the registry, most of the victims are under the age of 16. It is disturbing to note that male adults sexually harass children aged as low as 7 years. However, there are cases of male adults harassing elderly women with a sample case of an assault on a woman aged 71. The assaults on middle aged women are minimal. Sex offenders are deemed to be dangerous to the community. Actually, I wouldn’t feel safe living among sex offenders. However, taking into consideration the rights of each individual to live in a free country without discrimination lures me to rebel against the stigma that sex offenders are subjected to. Human being are prone to change if given a chance. The community should thus integrate them into the society and engage them if they desire to live normally (King 61). Sex offender records are damaging to the self-esteem and also the future of the convicts after parole. When records remain in the public domain, the offenders are prone to prejudice, and stigma from the public. Integration into the society seems hard to them due to the records. In this regard, the department of public safety should have the records of paroled individual erased if they pose no threat. The cause of the offence each individual committed should be the starting point in gauging the validity of the information in the database. Despite the proposition to erase the criminal records of individuals, there are records that are necessary for public safety. Paroled criminals who have a high chance of repeating the crime

Wednesday, February 12, 2020

Nintendo Case Study Example | Topics and Well Written Essays - 750 words

Nintendo - Case Study Example With that approach, they were able to streamline promotion and advertising into a single and consistent message. On the other hand, Nintendo was emphasizing on selective specialization, whereby they targeted both children and hardcore gamers. This kind of approach created confusion among Nintendo’s customers, because the two segments of the market had different needs that called for different messages in the advertisements for each segment. Customer satisfaction was, therefore, not achieved, and Nintendo needed to address that issue in order to reclaim its market share. Analysis of Case Data The main cause of the issue was Nintendo’s failure to invest in new technology. Key customers in the video game industry are in two categories: nontraditional children or teenagers, and the 18-35 year old serious gamers. The industry’s profits and revenues are realized from the second group that spends huge amounts of money and time sharpening their skills. Furthermore, they are tech-junkies, an aspect that Sony and Microsoft noticed. They targeted the segment and created games with high-speed, powerful processors. From the number of Playstation units sold, it can be determined that Sony managed to reach the target group. 120 million Playstations were sold by Sony, compared to only 20 million GameCubes by Nintendo. Data on market share shows that Nintendo was steadily dropping. Alternative Solutions The circumstances facing Nintendo dictated two major alternatives: either fight the competition to get back its market share or shift focus to other markets and avoid direct competition. If they chose to fight, it would have meant putting emphasis on hardcore gamers like Sony and Microsoft, and then attempt to beat them in performance terms. With the high cost of essential components in the manufacture of high performance video games, Nintendo would be forced to sell at a loss. Furthermore, their children-friendly themes was disadvantaged against the new market of M-rated and violent games. The other option was to focus on a different market segment that was not being served by Sony’s PlayStation or Microsoft’s Xbox. Determining and Establish Key Decision Criteria Key decision criteria should be based on a firm’s advantage in a segment, competitive environment, profitability, growth rate and size (Rusetski 211). These should be supported by an understanding of demographic trends, the significance of market segmentation and the uncertainties that are associated with a change of market targets. Viewing the market differently, it is possible to identify several other specialized segments. Nintendo was able to identify the casual and hardcore gamers. From the two available alternatives, Nintendo can either; invest more and fight for the hardcore segment that seems to be setting the trend in video games, with the risk of ending up in more losses; or take yet another risk and focus on the casual segment and the sub-segments found within the category, which also risks a re-launch failure. However, the casual segment provides a wider market that includes families, seniors, women and children. Evaluation of the Alternatives While the pressure from the competition seems minimal in the casual segment, there is uncertainty in profitability, growth rate and size, even with Nintendo’s image being family-friendly. This is bec ause it cannot be known for sure whether the video game adoption process has reached a point of early and late majority buyers being ready to be members of the gaming society, yet they make upto 65 percent of the market. In the same way, the casual segment’s growth rate is not known. The greatest risk lies in the segment’

Friday, January 31, 2020

Historical Themes Schindlers List Essay Example for Free

Historical Themes Schindlers List Essay Light can still be found even in the darkest of times; Oskar Schindler shows this through his actions during the Holocaust. In the novel Oskar Schindler’s portrayed his motives and ways one man can help thousands of the struggling Polish Jews. What he did absolutely contradict what his country and leader wanted; they were planning to eradicate all Jews from the face of the Earth. By using his factory as a place for the helpless Jews to work, he avoided thousands from being sent to the concentration camps where they would work as slaves and eventually die. At first Schindler liked the idea of Polish workers but after he found out what Hitler’s true intentions were he quickly felt remorse for them and determined himself to save as many as humanly possible. He began employing more and more Jews, he saved thousands of lives but ruined his business in doing so. Schindler’s List by Thomas Keneally brilliantly portrayed the courage and human spirit in one man in the midst of terrible evil. Schindler proved the difference that one man can make by using his wit against the Nazis. Without the historical validity incorporated into the novel, the themes and overall story would not be up as great as it is already. Hitler’s Nazi regime ran a dictatorship with Adolf Hitler at the very head of the tyranny. Hitler’s master plan led to hopefully conquering the world and creates his version of society with perfect people and culture. Starting with the invasion of Poland he took Jews from their homes and forced them to do tedious work as slaves in concentration camps claiming that it was for their own protection. He tore families apart, and treated them with indignity in the camps by giving them very little food and forcing public nudity. Entire clans or families died at the order of the Nazis and no mercy could be seen from them as they killed the Jews in ways which would be seen as cruel and evil, even to humans. These events led to the deaths of six million Jewish citizens during World War II. Jews’ murders took place in many various ways; one way was in gas chambers disguised as showers. Corpses and left over residues burned in huge infernos that made it snow ashes of people. Human remains were also being used for the benefit of the Nazis; they used skin and lamp shades, hair as insulation, and skin also as a type of paper. Many Jewish families were desperate to not find themselves in the terrible camps that they did everything they could not to be captured and sent to their demise. Thomas Keneally describes the setting of Germany in the novel very accurately to the time period, and also the social status that some people had at the time. Germans lived being treated very normally by all soldiers of Hitler’s rule, but all others were treated as second class citizens or actually sub human. In the eyes of the Nazis Jews must be the lowest of the low to the, they were considered not as human but as some kind of sub species below all other humans. This aspect that was included in the novel is very true to history in Germany for 1943. Owning businesses or running one was against the law for any Jewish citizen. Many businesses burned down to the ground at the hand of the soldiers, ruining even wealthy land owners and workers. During World War II over six million Jews were killed by the Nazis and that is a fact included into the novel also. After the rest of European Jews heard about the genocide of Jews they and many others began hiding and helped hide people to avoid capture. People did everything to save themselves and others, some hid in the attics of Germans or in the barn of farmers. They started to become desperate to hide; Oskar Schindler used his very own factory where he produced pottery as a way to protect the Polish Jews. Oskar Schindler’s career led him to becoming a business man and entrepreneur in the pots and pans industry. His factory had become very successful because of the labor force provided by the Jews that were crowded into cities by the Nazis. In 1942 the Nazis really did begin to round up all the available Jews into ghettos or slums in the city to contain them like in the concentration camps. At the same time as Oskar Schindler a lady named Irena Sendler helped to save over two thousand Jewish children from the ghettos that the Nazis set up for them. . She and many others helped humanity by using their intellect, courage, and resources. If an event like this happened in any other time period it just would not be the same. Thomas Keneally’s Schindler’s List showed how one person can make a giant difference for many people. His novel’s historical aspects were accurate in most ways, it helped to enforce the themes in the story of the human spirit and one man can make a change. Throughout history it has been proven that if one person does one change it can help thousands of peoples’ lives forever. Adolf Hitler and his attempt to eradicate the Jewish population is the darkest time in history of humanity. But still, light can be found in the midst of total darkness and evil.