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Examine and Assess the View that Relationships Between States Lack Order - Essay Example

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Topic: Examine and assess the view that relationships between states lack order. Introduction It is stated by realists in the perspective of relationship between states that it lacks order. The aim of this discussion is to examine and assess this statement, for which we need to analyse an international issue of critical importance that offers ample opportunity to verify the truth of realists’ statement…
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Examine and Assess the View that Relationships Between States Lack Order

Download file to see previous pages... Recognising the global impact of the piracy issue, the role of states becomes significant in controlling acts of piracy, especially off the coast of Somalia for the notorious identity attached to the people of Somalia operating as pirates. Pirates have their own set of behaviour norms and operate without any legal control over their activities, as they do not adhere to global framework of law and order practised by the states. The role of the United Nations gains critical significance because of the legal notion that pirates belonging to any country can be impeached by any state. Piracy is one such crime, which is subject to international jurisdiction. In this related context of international jurisdiction it becomes important to define order, states and nation states. The issue of piracy can be a catalyst in understanding the relations among states progressing under the universal jurisprudence. Universal jurisprudence is a legal notion, a doctrine in the global law agreed to by all member states of the United Nations, as per which the culprits can be booked in any court of law, whatsoever be their nationality or the place of perpetration (Bromley, 2009). An analysis of the rights of states, nation states and the role of universal jurisprudence in controlling piracy can help in the evaluation of relationship between states lacking order. As piracy happens on the ‘high seas’ which do not come under the territorial or legal limits of a state, states have no jurisprudence over territorial waters away from their jurisdiction or range of territorial waters. Piracy cannot happen without gaining access to a land base. As all states have declared piracy an illegal act, states cannot allow pirates to use their land base, then it is carried out from such regions as in Somalia where the government control is very weak or non-visible that it helps such illegal activities to be organised unhindered due to weak regulating authority of the state, i.e. Somalia (Bromley, 2009). There are many such illegal activities in various countries that put at risk the global order enforced through universal jurisdiction. Such activities include other than piracy, the slave trade, hijacking, war crimes, mass murder and the latest being global terrorism (Bromley, 2009). Various states have the legal empowerment to uphold their individual laws within their territorial limits but universal jurisprudence becomes effective when piracy is committed on the ‘high seas’ over which no state has its control. This can be explained through legal principles. First is the territorial jurisdiction of the states over their own territories, irrespective of the fact that the offender is a state national or a foreigner. Each state has its own laws to control illegal activities occurring on its territory. Claim to such governance is the right of certain states, as stated by Weber. Such jurisdiction control is subjected to those travellers visiting a country on holiday or for business purposes. There is the possibility of some permission granted by a home state for certain activities but they are illegal activities in the touring states. Once, an individual is out of the geographical limits of the state of origin, the law of the other state, not the self state, will be functional and decisive in any matter of illegal nature. For example, there are specific drugs, which are permitted ...Download file to see next pagesRead More
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