The state as a person of international law should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with the other states.” (Montevideo Convention of 1933, Article 1) States are absolutely still relevant in the 21st century. With States as defined, populations transparently co-exist and responsibly interact with each other via the governments they are formed under. There are two very critical steps that used to prevent escalating misunderstandings. Regardless of the government style selected, all that the greater civilized society requires that a modest set of rules be declared and subsequently followed. Additionally, a declared …show more content…
Primarily, to establish an understanding of the mission and the area of responsibility (AOR) assigned. Secondarily, the GCC will be able to assess his available force composition and identify risks associated with the AOR. The GCC, with the support of his staff, conducts a Strategic Estimate to systematically assess all of the inputs to the AOR. In a reasonable amount of time, the Staff should be able to summarize the internal and external political nuances, the sub-regional divides, the natural instabilities, Areas if Interest, and overlay the assigned mission from the Commander-in-Chief (from his various inputs). The intent is not to conduct a mission analysis, but to just understand some of the priorities and ‘leans’. In the corporate world, this process is called a ‘high level assessment’. It is a simple read through of the assignment (new regulations, new leadership focus, etc.) and pulling out the highlights; results are then compared against existing practices and procedures. It becomes an internal review as much as it is an assessment of the landscape. Introspectively, the GCC also uses the Strategic Estimate to assess his own available forces and build some decision criteria on what they are capable of completing. This process need not be limited to just assigned/organic forces. The GCC and Staff should consider partner and/or host nation’s resources as well as any other actors in the area of influence. Again, the intent isn’t to drill down to the ‘AA’
Geographic Combatant Commander (GCC) are the vital link between those who determine national security policy and strategy and the military forces or subordinate JFCs that conduct military operations within their AORs [JP-1]. GCCs takes on a lot of responsibility they are normally responsible for a large geographical area; not mention the effective coordination of operations within that area falls on the shoulder of the GCC. Directives flow from the President and SecDef through CJCS to the GCCs, who plan and conduct the operations that achieve national or multinational strategic objectives. GCCs provide guidance and direction through strategic estimates, command strategies, and plans and orders for the employment of military force. One plan
Over one hundred and eighty sovereign states are members of the United Nations and they have different constitutions. Some have to provide for a federal structure, in others although unitary, include different legal systems within the one state. The disparities between constitutions deals with momentous ethnic, linguistic and religious considerations. Their vagueness requires a prudent imposition on what ?is? and what ?ought? to be the law. The premise of this piece is on Global Administrative Law, with an exegesis on critical legal studies.
The “state” is best understood in relation to a government’s power, influence and involvement with citizens’ rights in a given territory. The larger the state the more involved it is in the lives of its citizens.
1A.2) A state is a political territory that has a sovereign government . The term “state” refers to a country and each country had a defined population and borders. There are over 193 states or countries around the world. Some examples of states are China, Canada, Denmark, France, India, Spain, Syria and Ukraine.
The debate over federalism is still present, and will endure. Parts of todays’ version of cooperative federalism will surely be replaced by another theory of intergovernmental relations. In addition, the balance of power between the national and the state governments will continue to be settled by political means, and not by theory. The relationships of the federal system, political ideology, and freedom, is no longer as simple as it appeared; recently as 50 years ago.
initial “game plan” is still indeterminate as the effects on the United States’ actions are still
Taking this into consideration, dealing with external activities of a state, international law has extensive latitude. In Article 38 (1) of the Statue of the International Court of Justice, the following sources of international law are acknowledged: (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting States; (b) international custom, as evidence of a general practice accepted as law; (c) the general principles of law recognized by civilized nations; (d) ... judicial decisions and the teachings of the most highly qualified publicists of the various nations, subsidiary means for the determination of rules of law (36). Sources having a technical meaning related to the law making process and must not be confused with information sources, research sources or bibliographies on international law (35). Rules expressed and recognized by consenting states are referred to as treaties and/or conventions. Treaties are codified agreements established by consenting states as means of resolving a dispute or to recognize mutual interests. Since treaties are codified, they are favored over customary law; therefore, becoming a vital part of building a more stable foundation for international law. States are required to meet their international obligations as well as formulate efforts to
In the international arena, there is no hierarchical rule to keep states in line or behaved; meaning that the international system is constantly in anarchy, aka the state of nature. This lack of rule enforcement puts states in a constant state of war, in a constant state where they need to stay on guard and in a tactical advantage otherwise the safety and well being of their state will be in jeopardy. In this scenario, the state’s number one priority is to protect itself and act in its self interest when need be, despite if it would typically be deemed immoral. (Donnelly 20)
2. This international society has a law that establishes the rights of its members – above all, the rights of territorial integrity and political sovereignty.
COA analysis - The COA analysis determines which COA accomplishes the mission with least casualties whilst best positioning the force to obtain initiative for future operations.
The Army’s Strategic Goal is to provide the Joint Force Commander (JFC) with forces prepared to seize, retain, and exploit the initiative to gain and maintain a position of relative advantage in sustained land operations through simultaneous offensive, defensive, and stability or defense support of civil authorities operations in order to prevent or deter conflict, prevail in war, and create the conditions for favorable conflict resolution. (United States, 2014)
State is commonly referred to either the present condition of a system or entity, or to a governed entity, such as a nation or a province. The state itself consists of the society, government as well as the people living there. Before the Second World War, State is often seen as the main actor in international Relations as it can declare states of wars, control most of the economic influence within the region and larger states often dominant the role of international relations within the region or even in the globe. However, after the Second World War, the impacts on state influence as an actor has become less important than before, regarding to this point, there is
Article 2 emphasizes the rudimentary importance of sovereignty in international law as almost absolute. This belief has been further demonstrated in General Assembly Resolutions. Resolution 2625, accepts the Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States. Amongst other considerations, it confirms the importance of the Charter and sovereign equality. General Assembly Resolution 3314, defines aggression and calls upon members to refrain from aggression as well as other uses of force that would not be in compliance with the Charter. It also reinforces the Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States. Declaration 42/22, the approval of the Declaration on the Enhancement of the Effectiveness of the Principle of Refraining from the Threat or Use of Force in International Relations, once again reaffirms the importance of non-intervention, the importance of peaceful relations and the necessity for peaceful means to be used in conflict resolution because a) the risks and concerns associated with conflict and more importantly in this
Sovereignty is a norm of the International system upon which the ‘society of states’ rests. Territorial sovereignty refers specifically to the power of the state ‘the territorial limits within which state authority may be exercised on an exclusive basis.’ This essay will explore the concept and development of sovereignty within the system of states. Firstly, it will identify the state system before the ‘Peace of Westphalia’ in 1648, then it will compare the ever changing forms of sovereignty since, and the reasons for change, which have established the modern form of sovereignty which exists today.
The United Nations is widely regarded and respected as the most powerful institution that promotes international cooperation and human rights action. In theory, actions implemented by and within the United Nations are based on the mutual global goal of protecting international human rights and preventing human sufferings. These actions are constituted through three main mechanisms: the Treaty-based system, the Human Rights Council, and Security Council and Humanitarian Interventions, with the level of confrontation and seriousness in each mechanism increases respectively. While aimed to serve the mutual goal of protecting human rights over the world and have shown some successes, in a world of sovereignty, actions when implemented are in fact grounded by the national interests of each state, including embracing its national sovereignty, concreting its strategic relationships with other states, and enhancing its reputation in the international community. This paper will analyze the successes and failures of each of the three mechanisms of the United Nations regime, through which it aims to prove that when it comes to actions, states focus more on their national, and in some cases, regional interests than on the mutual goal of strengthening human rights throughout the world, thus diminishing the legitimacy of the whole United Nations system.