Nobody downloaded yet

The Validity of The Persistent Offender Rule in International Law by Omar Abasheikh - Essay Example

Comments (0) Cite this document
Summary
The author of this research papaer mainly focuses on the discussion of topic of the validity of the persistent offender rule in international law. The researcher examines the article written by Omar Abasheikh about what he calls the “persistent offender rule”…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.7% of users find it useful
The Validity of The Persistent Offender Rule in International Law by Omar Abasheikh
Read TextPreview

Extract of sample "The Validity of The Persistent Offender Rule in International Law by Omar Abasheikh"

Download file to see previous pages It would be tantamount to an international crime to claim that the words offender and objector may be used interchangeably. Even in common parlance, “object” and “offend” does not share the same meaning, although sometimes, the person to whom an objection was made may take an offense out of it. An objecting state is not necessarily offending the customary international laws in place and in full force and effect among the community of states. The author creates a crime out of a perfectly normal and natural thing to do for a sovereign state. How could the author have missed this small yet very important point? Apparently, there was a mistake somewhere between the writing of the paper and the formulation of the title. A paper’s title is supposed to give the readers some idea about the body of the paper. But in this case, the title has become a cause for confusion because it is a totally different concept than the rest of the paper. Inconsistent Thesis Lest this review be regarded as a headhunt for flaws, the author is lauded for the extensive research he has done about the subject. He dug through cases and books as is evident in the amount of information and data that the paper contains. But enormous amounts of data are meaningless unless they are served and digested into coherent and logical conclusions. At one point, the author merely presented several opposing or corroborating statements without bothering to mention which one prevails pursuant to exiting international laws or jurisprudence from the International Court of Justice. But then again, the paper has no thesis statement, and if there was any, it was ambiguous and difficult to ascertain. Based on the title, the author is expected to make a stand as to...
The research paper "The validity of the persistent offender rule in international law" begins with an introduction to the topic. The author analyzes logical mistakes of Omar Abasheikh in description of "persistent offender rule" and criticizes the title of the paper, which doesn't fit to the sense of the research. After that the author shows advantages and disadvantages in the approach of the author and comes to interesting conclusions.

In the end the author sums up that “consent, whether express or tacit, is required for the formation of customary international law”1 and the persistent objector rule is a necessary and accepted feature of the system that works for the unique social setup of the international community of states. The persistent objector rule is a necessary tool that allows each state to tailor the international law to their particular needs and maximize their benefits.

Overall, the author deserves recognition for the amount of time and effort he had put into the paper. No one can deny the fact that he had presented a good volume of pertinent facts and information in the paper. However, the article is not without flaws, starting off with the wrong choice of word in the paper’s title. Then there is the lack of a clear thesis statement and inconsistent theories. The reader would get lost in translation amid the legal terminologies used in the paper. Nevertheless, the paper was very informative and could serve as a jump off point for further and in depth research into the subject. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The Validity of The Persistent Offender Rule in International Law by Essay”, n.d.)
Retrieved from https://studentshare.org/law/1397615-the-validity-of-the-persistent-offender-rule-in-international-law-by-omar-abasheikh
(The Validity of The Persistent Offender Rule in International Law by Essay)
https://studentshare.org/law/1397615-the-validity-of-the-persistent-offender-rule-in-international-law-by-omar-abasheikh.
“The Validity of The Persistent Offender Rule in International Law by Essay”, n.d. https://studentshare.org/law/1397615-the-validity-of-the-persistent-offender-rule-in-international-law-by-omar-abasheikh.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Validity of The Persistent Offender Rule in International Law by Omar Abasheikh

Rule of Law

...observe with all the rules and regulations in the act. EEOC stated that any individual who believes that his or her employment rights have been disobeyed may file a charge of discrimination with EEOC and an individual, organization, or agency may file a charge on behalf of another person in order to guard the aggrieved person's identity (Federal Laws Prohibiting Job Discrimination Questions and Answers, 2009). Under the EEOC-enforced laws, compensatory and punitive damages may be available if intentional discrimination is found (Federal Laws Prohibiting Job Discrimination Questions and Answers, 2009). The largest class action in the history happened in August 2004...
3 Pages(750 words)Essay

International Rule of Law: A Work In Progress

..., however, focused more upon the state that is offending. In other words, the Responsibility to Protect is more focused upon the rights of the citizens of the offending state, and less on the rights of the intervening state.19 Moreover, there was another way that the R2P doctrine was able to circumvent the traditional principles of sovereign immunity, and that was by stating that the intervening state has a responsibility to the citizens of the offending state. What this means is that the intervening state has more of a right to intervene than it did prior to the doctrine's formation.20 The R2P doctrine is a limited one, however, which is further evidence that the...
12 Pages(3000 words)Essay

The Rule of Law

... The Rule of Law According to Webley & Samuels, “The rule of law is a theory or a doctrine Precisely, this means that the term Rule of Law anticipates both assumptions and canons that are genuine and universally acceptable. What this definition therefore means is that, the concept of the Rule of Law is not definitive, and thus it derives its meaning from its application, or its desired and expected functionalism. The Rule of Law is a concept that anticipates several fundamental principles in relation to what the law means, and how the meaning of the law should be applied. The concept of the Rule of Law is to a large extent ambiguous, and it only means different things in different contexts2. Nevertheless, under all contexts... that the...
5 Pages(1250 words)Essay

Rule of Law - UK law

...to be entangled with one another before because the parliament is composed of the House of Commons and the House of Lords but the latter acted as justices at the same time. This drawback was recently remedied substantially, albeit not completely, by the Constitutional Reform Act 2005.1 For instance, there is now a Supreme Court under Part 3 of the law which has taken over the judicial powers of the House of Lords which used to have appellate jurisdiction. Being then all under the Queen, the rule of law was said to be hinged on her sovereignty in the parliament which makes laws and on her sovereignty in the courts which interpret and apply the law. From...
6 Pages(1500 words)Essay

The Rule of Law

...of its article devoted to this topic it states with simple words the intention and purpose of the rule of law. Let's see: "The rule of law implies that government authority may only be exercised in accordance with written laws, which were adopted through an established procedure. The principle is intended to be a safeguard against arbitrary rulings in individual cases. Thus, those who make and enforce the law are themselves bound to adhere to it." (Wikipedia, 2006). Once again the principle that the rule of law is a prerequisite for democracy and freedom is validated...
12 Pages(3000 words)Essay

Rule of Law

...Are the principles of the rule of law as laid out by Raz The Rule of Law and its Virtue' 1977, 93 LQR) a satisfactory explanation of the rule of law The changes ushered into the British legal system ride on the crescent wave of voices and policies in the European community that seek to uphold the primacy of human rights and due process, particularly when made vulnerable by antiquated state structures and legal institutions. The clear trend has been to favor the sanctity of individual liberties over the preservation of traditionalist and vanguardist policies. As stated by O'Donnell (2004): "a truly democratic rule of...
6 Pages(1500 words)Essay

Fitzgeralds Translation of Omar Khayyam

...A Postcolonial Approach to Fitzgerald's Translation of Omar Khayyam Muslim Persia has produced some of the greatest luminaries of the Islamic world, who have immensely contributed to the intellectual development of mediaeval time and were mainly instrumental in bringing about the renaissance of the western world. Their invaluable work procured the necessary link in the evolution of mankind and has left their ineffaceable marks on the pages of world history. In the development of Islamic literature, the Persian formed the vanguard of all cultural and literary movement and number of their literature acquired international reputation. Omar Khayyam was one of the highest class poets, whose...
42 Pages(10500 words)Coursework

The Rule of Law

...to the following concepts: “Government decisions are made according to written law and rules; Government sanctions cannot be made up after the fact (ex post facto); Rules are applied as much as possible consistently to all; Courts provide citizens consistent, written process (due process) before life, liberty, or property is taken; Courts provide reasons based upon the law for their decisions.” (Glass, 2005). Chinese people couldn’t get the ideas behind these points due to the fact of their Confucian background in which there was a heavy dependence upon the clan or the group. As the UN China puts it: “Under the philosophy that the government represents the people,...
6 Pages(1500 words)Essay

International law

...cases, special circumstances may prevail and they object and opt out or declare that they are exempt of customary international law. Professors Bradley and Gulati state that there is a perceptible divide in global legal theory allowing states parties to customary international law to unilaterally object to a rule of customary international law but once it is “crystallised,” that an existing rule or rules will not be subjected to subsequent violations.7 This is referred to in international law as the “persistent objector”...
13 Pages(3250 words)Essay

Using the IRAC rule law

...Introduction IRAC is a law acronym that stands for issue, rule, application and conclusion. This paper is going to solve a case using the IRAC rule law (Reid, 107). Q 1 Issue The police stood and watched as civil unrest by the public was taking place. Due to this Eric’s pharmacy called VCS was looted and burnt to the ground as police stood 1000 feet away. This was also evidenced from the TV footage that showed the police doing nothing to prevent the locals from destroying property. They only reacted four hours after the whole area was looted and burnt down and that is when the mayor asked for the governor’s assistance. Question is, is the state liable for Eric’s loss...
5 Pages(1250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic The Validity of The Persistent Offender Rule in International Law by Omar Abasheikh for FREE!

Contact Us