International Law Framework - Essay Example

Running Head: INTERNATIONAL LAW FRAMEWORK Is a comprehensive international law framework on nationality law needed? What problems would such a framework address? [Name of the Writer] [Name of the Institution] Is a comprehensive international law framework on nationality law needed? What problems would such a framework address? Nationality: By definition, English are considered a nation which is comprised of ethnic groups of England who spoken language is English. Therefore, the English people by definition are the British Citizens. Citizenship: The legal process of nationality by virtue of which a non-citizen can be a citizen or a national of a country is called naturalization. The naturalization process varies from country to country which includes an interim legal residency. It requires the knowledge of the national dominant language plus culture, and the promise of the applicant to obey and follow the countrys laws. For he or she has to meet the requirement of taking oath or pledge. However, some countries are not in favour of enjoying the benefit of dual nationality by an applicant1. Gain or Loss of Citizenship: Having citizen ship of another country does not make a cause of British Overseas citizenship provided an entitlement to registration under section 4B is held. An individual may have the pre-rogative to renounce his or her citizenship on the same note as British Citizen. After that there will be no room for British Overseas citizenship. Remain in UK: As per the UK law, an individual got permission to remain in the UK provided spouse is settled down and their marriage ends up in separation, unless they fall within the ambit of specific categories for example someone who has been subjected to domestic violence. The Border agency of UK will expect them to immediately leave the UK. What remedy is available to them is that if the individual wants to remain in the UK he has to apply in another category applicable according to law. It leaves on the discretion of the spouse subject to necessary investigation by the investigating agency which determines the category under the existing laws2. Suppose an applicant cannot move into another category within the UK, he or she has no other option but to leave the country. For example, it might be the case of entrepreneur visa (Tier 1) or have been employed with a UK Border Agency. Under the mentioned scenario the husband and the wife may qualify for back to the UK under the category of Tier 2 (Skilled) worker. Statelessness: Now day statelessness is the burning issue not only on the agenda of the United Nations but regional institutions, governments and civil society also taking up this issue seriously. The international law is examining the causes and it’s after effect with regard to consequences and its remedies for statelessness around the globe. In a recent case the Court of Appeal of United Kingdom held that since Al-Jedda had already lost his Iraqi citizenship, hence it does not mean that his citizenship could be taken away. International Law: As per the international law there is no solo legislature, nor is any single institution that enforces the legislature. It is true that international law can only be established with the consent of states and is primarily relied on the states that are responsible for its implementation. If non- complied by the states there is no other institution to make it compliant. It can be taken place by means of individual or through collective actions by other states3. The rules of international law are derived from the consensus of stakeholders in the process that may be defined in one way or the other. The treaty inked by the states imposes certain obligations. The cited treaty came to surface as dominant part of modern international law. Apart from the mentioned agreements, the rules serve as guiding principles for the attitude of states though they may not be legally enforceable4. The consent plays an important role in establishing practice of states in conducting their future relationship with each other. However, the sources of international laws are too many in number and states have to execute it in different ways. It formulated in accordance with Article 38 of the Statute of the International Court of Justice. It includes international conventions, irrespective of whether, it is general or particular; International custom, evidencing general practice within the ambit of law; the generalized law, which is recognized by civilized nations and the determination of rules of law recognized as judicial decisions and teachings5. International Norms The international law plays an important role for the protection of human rights law. We take into consideration the customary law, which is binding on all states except those who are not signatories of the said law6. The important aspect of the customary international law is that it may under certain scenario, is practicable within the ambit of universal jurisdiction or application, hence any national court may or may not hear out of its jurisdiction claims, if meets the requirement of international law. In line with the Vienna Convention with regard to Law of Treaties, any treaty, which is colliding with the norm, is considered void7.  The renowned scholars are of the view that some standards laid down such as Universal Declaration of Human Rights are now part and parcel of customary international law as a practice. Therefore, the said declaration could be binding upon all states under the declaration. With regard to human rights law, the distinction between the customary laws, treaty law and of course, general principles of law, are seldom clear8. Comprehensive Framework Democracy starts and established with the citizen of a state. Therefore, the people rights are always considered as the initial pillar of the framework that address the rights of the citizen of the state and the ability of the state to ensure guaranteed equal rights to her each and every citizen in line with constitutional and legal processes9. It is more complex in terms of globalized world with the presence of number of people of the countries comprised of non citizens, migrant workers, refugees, political asylum seekers whose rights are badly ruined by the state where they were living in. The guaranteed of civil and political rights does not needs special justification with regard to democracy assessment. The reason being that the rights in question confer is manifested for active participation in the political process with the assistance of the others10. The economic and social rights are more contestable as in the case of noncitizens. Numbers of political pundits take the view that democracy is shaping up the public opinion and plays an important role in the process of decision making rather than focusing on the processes and the delivery of economic and social rights, which is always contestable amongst different political parties in their policy programmers11. We are of the view that the inclusion of economic and social rights is justifiable in terms of both process and outcome. As far as the process is concerned, it is mandatory for the exercise of civil and political rights. People should be alive about their rights and should know their capabilities and resources to effectively exercise them12. Similarly, people rightly judge the quality of democracy in line with the standard norms of democracy and its best ability to get the basic economic and social rights which is required for a decent life. The question is that if democracy cannot deliver the goods, why people should support it? Such considerations are strongly urged by the partners in the South about the content of the assessment framework13. Emigrants We have witnessed human rights violations in many countries of the world against migrants, which off and on are closely linked with the discriminatory law and the practice in vogue and different attitudes against them. Of course, international human rights tools provide a broadband for fundamental human rights protection and liberty to all human beings inclusive of migrants14. There is no question about non-discriminatory attitude as far as the fundamental rights are concerned, nationally and internationally as enshrined in the Universal Declaration and the conventions on Civil and Political Rights, Covenant on Economic, Social and Cultural Rights. Now, all Member States of UN more or less ratified one out of nine core treaties of international human rights. However, 80 percent have ratified more than conventions that ensured these rights15. With the revamping of UN human rights machinery in the year 2006, the newly created Human Rights Council requested to assume, review and where deem appropriate, improve; streamline the modalities, duties and responsibilities of the erstwhile Commission on Human Rights. Consequently, the Human Rights Council, vide resolution 8/10 of 18 June 2008, streamlined the mandate and further extended it to three years16. This was renewed by the Human Rights Council through its resolution 17/12 of 10 June 2011. Jurisdiction of Foreign State The mandate covers all administrative jurisdictions, whether a State has ratified the related convention on the rights of migrant workers along with members with their immediate family members. It does not require domestic remedies to act accordingly. When it comes within the scope of more than one mandate determined by the Commission, the concerned jurisdiction may decide to approach other mechanisms and country with a view to send bilateral communications or seeking joint missions17. It would not be out of place to mention that in September 2008, in pursuance with the Resolution of 9/5, the Human Rights Council asked the Special coordinator on the human rights of Migrants, and other special process of the Council and the High Commissioner for Human Rights to pay heed to the cases as arbitrator to the issue of migrants, especially of emigrant children and the youths alike. Similarly, it encouraged special mediators to continue to examine and find out ways and means how to overcome obstacles in an effective manner that has relevance to human rights of migrants inclusive of national and international concerted efforts to fight with tooth and nail with traffickers and the smugglers of migrants, so as to achieve desired results to avoid violations concerning human rights of migrants18. Conclusion Review of the immigration history of the United Kingdom reveals that immigration to the United Kingdom in the 21st century is comparatively larger than the yesteryears due to some reasons or the others. As soon as the recession grows, the UK witnessed reduction in the numbers of immigrants coming for work. However, study of the fundamental dynamics clearly indicates sustained net immigration. It is not a new phenomenon that the United Kingdom has received larger immigrants for centuries. The country traditionally was an exporter of human capital for decades19. However, last decade differs because of high levels of immigration due to sustainable growth. From the year 2004, immigration has increased to extraordinary level from European countries, especially Poland, whose citizens are now and then on move. Due to influx of population from the native countries, it compels the UK policy makers to draw a comprehensive policy, which deals with the issues of emigrants. To address the mentioned issue, UK has introduced point based system for the emigrants and new institutional arrangements. With the increasing number of emigrants, we have witnessed set of complex issues to be handled by the administration, which ranges from securing borders to convincing public that the government has effective control to meet the demand of labour market20. Further, the policy of the government in question on illegal migration is considered on snail’s pace since 2002. Apart from outsource measures; the government has taken internal measures to fight with the problem. It can be classified into four segments that are management identification, increased number of employers, public service compliance, and its regularization21. The Citizenship and Immigration of Borders Bill 2009, it is expected to become a law in the recently held parliamentary session. It would increase length of time with related cost associated with becoming a British national by offering a provisional citizenship. The details in this respect are yet to clear. Countries of the globe are expecting radical changes on the front of politics in terms of both public expected spending on account of recession and the relevant change in government with regard to general election to be held in near future. It is still unclear whether budgetary cuts will hit or not. It seems that no government agency will escape from funding problem in the years to come22. 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