Law and Practice of International Organizations Research Paper

Law and Practice of International Organizations - Research Paper Example This is a classic opinion which reflects the intention that the Assembly is merely a parliamentary advisory body with the binding decisions being taken by the Security Council. The GA is characterized an international forum and the meeting of the Member states. As a general rule, GA does not have the power to legislate and its resolutions cannot have the binding effect of laws which are enacted by the national parliament. The resolutions do not have a legal and binding effect and does not create a legal or moral obligation among member states. However, recommendations from the Member states can address important issues of global concern and foster cooperation among states. Malanczuk and Akehurst (1997 p. 53) has concluded that the International Court of Justice in the Nicaragua case has ruled that resolutions of international organizations as a source of law. However, a resolution passed in a meeting of international organization is never conclusive as evidence of customary law. Thus , the mere statement of what a law is supposed to be is not sufficient in evidence, but nothing more an attempt on the part of the states to clarify their position. GA resolutions, even if they may not be binding have a normative value, which means that in certain circumstances, they provide important evidence in establishing the existence of a rule or the emergence of opinion juris. It is necessary to look at the content and the conditions of its adoption to weigh its normative character. These resolutions of international organizations are sometimes known as the â€Å"soft law†, in the sense that the guideline of conduct are not strictly binding norms of law and operate in a grey zone between law and politics, which lack a legally binding quality( Malanczuk and Akehurst, 1997 p. 53). Therefore, the client is not expected to follow the resolution issued by the UN General Assembly because it does not create a legal obligation to the client. The client will also not be subject ed to any sanction even if it complies with its contract with Israel because the resolution issued by the Assembly is merely recommendatory and generally has no legal and binding effect. Hambro (1977, p.250) reported that there is a fundamental difference between the decisions made by the SC which are binding on all member States, while recommendations made by GA are not binding on the states per se, except to those states which have accepted them. However, Dugard, Bethlehem and Du Plessis (1997. P. 34) suggested than an accumulation of resolutions, a repetition of recommendations on a particular subject, may amount to evidence of collective practice on the part of the States. However, the answer will still be different if the arms embargo to Israel was ordered by the Security Council on the basis of Article 41 of the Charter. In this case, I will advise the client to obey and follow the order of arms embargo of the SC to avoid being sanctioned. â€Å"Unlike the UN General Assembly , the Security Council has the competence to adopt resolutions under Articles 24 and 25 of the UN Charter which is binding among all Member States of the organization†(Shaw, 2008, p 116). Therefore, it is mandatory upon the client to strictly follow the resolution of the Security Council. Shaw (2008, p. 411) has concluded in his report that a person who commits a crime within the jurisdiction

Migration in United Kingdom Essay Example | Topics and Well Written Essays - 1000 words

Migration in United Kingdom - Essay Example However, asylum seekers cannot be mistaken for refugees. In the year 2002, it was found that from 84, 130 applications 10 percent were refugees, 24 percent were granted exceptional level and the remaining amount were refused both.( McConnachie 2005) This paper would seek to analyze the role of the immigration policies in regard to the asylum seekers. At present, the United Kingdom is facing a major crisis in regard to illegal immigration. In fact, from the year 19991 to the year 2001 alone, immigration made up more than half of Britain's population growth. An institute for Public Policy Research study of the 2001 census calculated a 2.2 m rise, including 1.14 m born abroad. Westminster is recognized as the official law making authority regarding matters such as immigration and asylum issues in regard to Britain and those that happen outside the European Union enabling control and allowing control over the borders. The United Kingdom provides an automatic right to asylum as it has signed the UN convention. A lengthy legal process has to be initiated in order for the determination of the status of application. However in order to ensure that the process becomes more simpler and allows the honest applicant s to actually gain the right to have the status of asylum seeking, this automatic right has to be waived or done away with. An important distinction as to be made between asylum seekers and refugees- Refugees are those people who have be granted this special status by the country in which they have sought asylum. The current population in the United Kingdom alone of refugees is about 2 percent of the total world refugees. These people have UN traveling documents and have the same basic rights as the U.K. citizens in terms of traveling and the basic service. Hence, it is quite difficult to figure out exactly how many are at present in the U.K. Another type of immigrants are illegal immigrants who at presently are several thousands according to a survey by carried out recently. These people are those who are employed in the unregulated economy of U.K. Besides encouraging the international human traffickers and smugglers, it is resulting in pushing down the lower skilled jobs wags due to an excess supply. Hence, creating cultural cases as the British feel that their jobs are being threatened by the influx of these illegal immigrants. An Act; the Nationality, Immigration and Asylum Act 2002 regulates the ways of tackling these illegal immigrants. Those employers who would hire these people would be severely fined and a smart card provision is being considered in order to remove the chances of illegal immigrants being allowed to work. However, whether this has been a successful policy can be seen from the number of cases which are reported daily as deported ones. U.K. needs to review its current policy and make it much more stringent in order to make it so unfavorable that no immigrant would consider U.K. a safe haven. While it has been generally notified that asylum seekers are those people who are victims of crime and injustice-however, in several cases that has not been the case. There are many people who come to U.K. illegally, seek work in the unregulated circles and when are discovered, claim to be asylum seekers. Others are those