Nobody downloaded yet

Nationality and international judicial process - Essay Example

Comments (0) Cite this document
Summary
Nationality and international judicial process Insert Name Insert Grade Course Insert Submission Date Introduction Mutual relational consent by individual to country explains “nationality”. How can nationality exist without state and the subject?…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.3% of users find it useful
Nationality and international judicial process
Read TextPreview

Extract of sample "Nationality and international judicial process"

Download file to see previous pages There should be no limitation into individual efforts in acquiring nationality or properly too while changing it. It is designed to be an easy task when a person applies for nationality in a country more so by law. Equally, when one intends to forfeit/forego accorded nationality, then simple procedures should be followed. On the other hand, international law confines are configured around the individual state supremacy and thus the judicial administration is designed to serve the international community. It is therefore formulated for and by the cooperation of individual states that consent onto alike ideals of governance and justice procedures. However, for the interest of the common good of all humanity, there are obligations to the international community to oversee justice and lawful governance even to the countries that are non partisans to the international treaties that bind member countries to the common international justice. This is because human beings have been “socialized” in conflict resolution through amicable manners. Nevertheless, supremacy of the state often holds the mandate to establish solution giving mechanisms to cases requiring legal arbitration. In the event of arbitrations that are beyond a state scope, especially those involving other states, arbitration is done centrally by a central tribunal under the watch of international community. Certain basics hold as pertains to these procedures. The tribunals are formed by consent of many states who also give guidelines on the operations. The associates of the states are by default linked to the tribunal. All the procedures are well monitored under commonly accepted codes of operations. This essay therefore intends to evaluate the ways in which nationality aspect is relevant into the confines of international law. We intend to show how nationality holds when it comes to the judicial field beyond the borders of supreme state. Are there provisions that explain the levels of sovereignty of nationals of particular states as opposed to others? What is the jurisdiction provision on the matter that pertains to statelessness or refugees? What are the relationship spheres of a sovereign state and her nationals when it comes to crime against humanity or any other international crime committed either within the respective country’s borders or the international scene? Discussion We start by evaluating nationality and its meaning. It started with the states forming the basic blocks of the international law but later on a relationship between the states and individual persons led to reconsideration of nationals as regards to the international law. Through this then, international law encompassed an individual and state. Sloane, say that inclusion of nationality in “international law” mediated accompanying obligations and persona rights. The initial intention was towards offering diplomatic protection, state responsibility, war, extradition and jurisdiction (2009, 1-2). Therefore, the best way to understand nationality is in terms of the legal bundles of protection or individual duties and rights to an individual person accustomed to at state or at international level. Though an individual has a formal entitlement of sense of belonging to either one or more states through the single or dual nationality procedures, everyone is bound to the terms espoused to by the country’s legal framework. However, the basic significance legal consequence of nationality remains in individual state to which a ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Nationality and international judicial process Essay”, n.d.)
Retrieved from https://studentshare.org/law/1404607-law
(Nationality and International Judicial Process Essay)
https://studentshare.org/law/1404607-law.
“Nationality and International Judicial Process Essay”, n.d. https://studentshare.org/law/1404607-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Nationality and international judicial process

Nationality and ethnic characteristics

...? One is often inclined to tag a person through his or her unique attribute like appearance, nationality, eccentri accent etc. Nationality and ethnic characteristics are most frequent way of defining a person. In my neighborhood, there is Mexican person who is very jovial but he has an irritating habit of shaking his head and laughing at silly jokes. So we often refer to him as ‘mover and shaker’ and like to interact with him because he gives such unique perspective to serious and non serious issues. Unfortunately, he is also a crooked old bachelor of seventy years and his crusty ribald jokes sometimes become irritating. He thinks the world is a merry go round and we must enjoy every moment. But perhaps,...
1 Pages(250 words)Essay

Scottish Nationality

...? Number] Book Review – Scottish Nationality by Murray G. H. Pittock The book Scottish Nationality was penned by Murray G. H. Pittock in 2001. In the book the author intends to discuss in detail the nation of Scotland along with their history and present day issues. The book includes some important events and issues within the history of Scotland that the author thinks need to be focused while describing the Scottish history. The book surveys the Scottish political identity and development of Scottish national feelings from the early period to the present times and also discusses the evolution and growth of Scottish national party. The author also threw...
4 Pages(1000 words)Book Report/Review

Judicial Process

...? Juvenile offenders transferred into adult criminal court jurisdiction Introduction Significant changes in judicial processes in recent times have lead to a growing number of juveniles being transferred to adult criminal courts. The surge in the number has been because of escalation in juvenile violent crimes, declining confidence in the juvenile courts to punish serious offences, and a general move towards punishment as opposed to personal rehabilitation. Additionally adult criminal sentencing in most states has been streamlined due to claims that initially the system was lenient to violent criminals. This has lead to juveniles being punished under adult criminal sentencing guidelines, which is more...
3 Pages(750 words)Research Paper

Judicial Restraint and Judicial Activism

...Judicial Activism Judicial activism and judicial restraint are two terms which are bandied about on both sides of the spectrum. Conservatives decry judicial activism. They state that judges should not make law, only interpret the law. However, this is hypocrisy, because conservatives do not seem to mind activism when it comes to issues that they believe in. For instance, in Bush v. Gore, 531 US 98 (2000), which is the ultimate case of judicial activism, conservatives did not decry this case as being a case of judicial activism. But, if one reads the opinion, it is clear that the judges are straining to find reasons for the decision, and...
4 Pages(1000 words)Essay

Due process judicial review regulatory process administrative hearing

...Judicial Due Process and Administrative Due Process Due process is a clause in the constitution that restricts the state from depriving a person their right to life, property and their right to freedom without following the rule of law. A persons rights from the above three values can be denied if, for instance, a person acting on behalf of the state kills another with no reason, if a person is involuntarily locked up in a mental asylum or the law forcefully confiscates a person’s property without applying the rule of law (Lorch, 116). Due process affirms that the state must respect every person’s rights as stated in the Bill of Rights. In the USA...
5 Pages(1250 words)Essay

Court System and the Judicial Process

...Court System and the Judicial Process The U.S. Judicial system consists of 51 separate court systems: there are fifty courts and the U.S. courts system or the federal court. Whereas there are considerable discrepancies between the 50 state courts (Abraham, 1986), all of them are divided into two groups: trial courts and appellate courts. Trial courts focus completely on finding appropriate proofs or refutations for the facts through the examination of witnesses' testimonies and physical evidence. Jury is available in trial courts and usually examine the cases, associated with equity and trusts (Abraham, 1986), but as a rule, a single (Baum, 1986) judge heads the trial and renders...
2 Pages(500 words)Essay

Immigration and Nationality Law

...What does the Human Rights Act 1998 add to the protection offered by the 1951 Refugee Convention to those who anticipate abuse of their human rights if removed from the UK? The Human Rights Act (HRA) 1998 does not provide a positive right for the non-citizen to remain, however it does provide that rights contained within the HRA may be breached by deportation to their state of origin. Nor does the HRA extend to other nation-states, however it does bind the UK to ensure these rights are available to all persons who enter the UK and if the UK does aim to deport an individual, it must take care that the future actions of the country of origin would not be a breach of any right contained within the HRA. In other words if...
8 Pages(2000 words)Essay

Litigating a tax matter--the judicial process

...the decisions made by these political bodies often make it difficult since long bureaucratic lines have to be made. It is important that the problems that the citizens are faced with are brought to book and dealt with since they are the most important people that a given country can have. The overall decision however lies with the citizens to ensure that as amendments are made they target areas that they face difficulties since at the end of the day they will be the ones to pay for the taxes and want to get entitlement programs. Stated by the International Monetary Fund, 2006 the national income accounts are product accounts that are produced in the United States by the Bureau of Economic Analysis of...
7 Pages(1750 words)Essay

Judicial Process Article Review

...criminal acts if committed by persons considered to be adults. In general the terms are exclusively defined by the age limit. Most state laws stipulate that youths accused of violation of the law before reaching the age of eighteen years are to be subjected to juvenile courts original jurisdiction, however, the youths accused of violation of the law after or on the day of their eighteenth birthdays have to be processed and subjected to the adult criminal justice process. Some states in the US define the juvenile-adult transition at seventeenth birthday, and some few states define the line of transition at sixteen years of age. Generally, states have laid down transfer procedure laws that govern or call...
2 Pages(500 words)Research Paper

The State Judicial Selection Process

...JUDICIAL PROCESS Judicial process for of Florida The of Florida has one of the most intensive and comprehensive selection process and criterion used by people who would wish to be inducted to serve as judges. There are two elaborate and defined or well-articulated processes of selecting the judges. This is based on the level of court that the judge would wish to serve in. to begin with, the judges in the appellate courts are taken through a process called the assisted appointed which is squarely based on the Missouri plan. The judges who serve in the lower courts such as the trial judges are selected through a non-partisan election process (Berkowitz & Clay, 2006). Once a judicial officer ir a judge has been appointed, it would... ...
5 Pages(1250 words)Assignment
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 Nationality and international judicial process for FREE!

Contact Us