A Critical View of the Law of Attraction and Quantum Theory

The law of attraction which claims itself to be a law, fails to justify itself on the grounds of falsifiability, that is, "the logical possibility that an assertion can be shown as false by an observation or a physical experiment".

Falsifiability implies that if a certain condition applies to a situation, or a person, an inference may be drawn out of it and the same condition may not apply to all other similar situations or persons. For example, a man who is dark skinned is Asian. This does not mean that all dark skinned men are Asian or that all Asians are dark skinned. The law of attraction takes a few incidents where people have tasted success, and attempts to apply the same philosophy to all situations.

When judged by many scientific testing parameters the law fails to live up to its logical quotient. This means that the claims brought by the theory are unable to give an exact relation between the thought process and the results. The cause and effect relation, as posited, often overlooks the probable deterring factors or differences in circumstances. The theory makes a hypothetical study of human nature and draws out the inference, by frequent and repeated reference to a few instances, some of which may also be coincidences.

Modern believers in the law of attraction are of opinion that the theory originates from quantum physics, in its treatment of thoughts as atoms.
According to theories in quantum physics, the world is composed of countless atoms. Each of these atoms is charged with energy and is interchangeable, i.e. they can be used to influence each other and are open for infinite changes. This explains a sense of dynamism of thought. The law of attraction speaks on somewhat similar lines as quantum physics in terms of thought as energy atoms.

Following the example of quantum physics, the law supposes the human mind to be composed of thoughts. Each of these thoughts are like charged atoms which are capable of generating enormous power. The law of attraction, going further along the lines of quantum physics, points out, that since energy and matter are interchangeable and can be utilized for good results, the human mind, which is also open to changes, helps us in molding the situations in our life to shape our reality.

According to quantum physics atoms have energy and are drawn towards atoms with similar energy composition. So following that principle, the law of attraction states that thoughts like atoms are drawn towards same kind of thoughts. Thus, the law of attraction points out that "like attracts like". This explains how thoughts relating to ones goal attract thoughts centering on the ways to achieve it, eventually attracting thoughts of reaching the goal.

Again, quantum physics points out that everything has potential and nothing is fixed, which means, if our goal is fixed, there are a number of ways to achieve it. In the same way, the law of attraction points out that if we are focused over what we want to achieve, nothing can prevent us from reaching it. Thus, quantum physics also speaks of what the law of attraction referred to as fending off negative thought through thinking.

Though the law of attraction bears similarity with quantum physics in many ways, it is not a scientific law, in the true sense of the term. The law of attraction is more a part of pseudoscience and a gathering of spiritual philosophies to gauge the power of human mind. Quantum physics may be considered a concrete means of explaining what the law of attraction aims at propagating.

The references to quantum physics made by the law of attraction are mostly incorrect. The proposition that thoughts, like atoms have energy fields is not a proven fact in science. The principles of thought, as supposed by the law of attraction, underline certain beliefs that are true in some cases and may be followed as example. Many of its credos have a hypothetical explanation, often attaching magical imagination. The law of attraction is mostly refined pseudoscience and has very less to do with concrete scientific truth.

Among the spiritual circles, the law of attraction is criticized strongly because of its attempts to hold individual ego and self will at unity with the higher self. The two are contradictory and cannot operate in synergy. On the other hand, the law of attraction which emphasizes repeatedly the inner consciousness and spiritual integrity makes a generalized statement; it overlooks the diversified collective mind and treats the single as the many.

The law of attraction refers to abundance. The theory explains profundity as feeling of happiness. The question is, why the law of attraction, (which is capable of resolving every situation), is unable to solve the problem of inequality of wealth? Moreover, the law of attraction aims at abundance, taking into account, there is enough for all and one only has to find his share of prosperity. The theory wants us to believe in a truth which hardly exists. The law of attraction does not delve deep enough to consider the societies or cultures where it cannot operate likewise.

The law of attraction, no doubt, is an inspiring theory dealing with the unrealized powers of mind. However, the theory appears too generalized and often misses out on external factors which may not be within the minds reach.

Chain Law!

Winter often means snow-covered and icy roads. Experienced truckers know that the lighter the load, the less traction the tires have. But even trucks hauling heavy loads can lose traction in the snow and ice. That's why many states will put chain law into effect. Chain law requires truckers to put tire chains on their tires in order to gain more traction. Usually, when chains are required for trucks, cars are also required to use chains or snow tires.

Chain law is publicized by road signs and state road condition portals- websites, road condition hotlines, and the like. You'll usually only see chain law go into effect on mountain passes, but states can require chains on any roadway that encounters dangerous winter travel conditions.

Some states require that truckers carry the minimum required chains through the winter months, even if they aren't planning to chain up. Many states may allow cables instead of chains, but most will require truckers to carry chains. Cables are generally frowned on for being less effective.

California Chain Law

Road Conditions: 800-427-7623 (in state) or 916-445-7623(out of state)
Cal-Trans: 916-654-5741
California Chain-up Requirements

California does not require truckers to carry chains during certain times of the year. However, when trucks enter a posted "chains required" area, they must be carrying chains. And when chain law is in effect, truckers cannot proceed without chains on their tires. Cal-Trans will set up "truck screening" areas when chains are required to make sure that truckers are carrying the minimum required chains, so that if they need to use chains, they will be able to install them.

Generally, California requires 5-axle trucks to have chains on all tires on the main drive axle, two tires on the other drive axle, and one tire on each side of the trailer- any axle.

California has three Chain Conditions they enforce.

R-1 Chain Law:
Chains are required on all vehicles except passenger vehicles and light-duty trucks under 6,000 pounds gross weight and equipped with snow tires on at least two drive wheels. Chains must be carried by vehicles using snow tires. All vehicles towing trailers must have chains on one drive axle. Trailers with brakes must have chains on at least one axle.

R-2 Chain Law:
Chains are required on all vehicles except four-wheel-drive vehicles under 6,500 pounds gross weight and equipped with snow tires on all four wheels. Chains for one set of drive wheels must be carried by four wheel-drive vehicles using snow tires.

R-3 Chain Law:
Chains are required on all vehicles without exception.

Colorado Chain Law

Road Conditions: 511 or (303) 639-1111(out of state)/877-315-7623 (in state)
Colorado Chain-up Requirements

Chain law applies to commercial vehicles- if the truck has a gross weight rating of 10,001 lbs and the combined vehicle weight rating (truck and trailer) is 26,001 lbs, if the truck has a weight rating of 26,001 lbs, or if the vehicle is designed to carry 16 or more passengers (including the driver).

Drivers are required to carry chains on I 70 from mile marker 163 to mile marker 259 from September 1st through May 31st. If you are caught on this stretch of road during these dates without chains, you may be fined $50 plus $13 surcharge ($73).

New Fines! If chain law is in effect but you choose not to put chains on, you may be fined $500 plus $157 surcharge ($657). If chain law is in effect but you choose not to put chains on and you wind up blocking the road, you maybe fined $1000 plus $313 surcharge ($1,313).

Colorado has two levels of Chain Law they enforce.

Level I Chain Law:
All single-axle combination vehicles must chain up. This means if the truck has only a single drive axle (as opposed to duals), chains are required. All drive tires must be chained.

Level II Chain Law:
Chains are required for all commercial vehicles.

Idaho Chain Law

Idaho Road Conditions: 511 or 888-432-7623

Idaho does not require that truckers carry chains during winter months. However chains may be required to continue travel during winter weather.

Montana Chain Law

Montana Road Conditions: 511 or 406-444-6339 or 800-226-7623

Montana does not require that truckers carry chains during winter months. However, if you choose to travel without putting chains on your tires in a posted "chain area" and you get into an accident, you will have a large fine to pay. Montana requires that all tires of one drive axle be chained when chain law is in effect.

Nevada Chain Law

Nevada Road Conditions: 511 or 877-687-6237
Nevada Chain-up Requirments

Nevada has roadside signs that state "When Flashing, Chains or Snow Tires Required." If the lights are flashing, chains are required to continue travel. Vehicles that weigh more than 10,000 lbs are required to use chains.

North Dakota Chain Law

North Dakota Road Conditions : 511 or 866-696-3511

There is no mandatory chain law in North Dakota.

Oregon Chain Law

Oregon Road Conditions: 511 or 503-588-2941
Oregon Chain-up Requirements

During winter weather, trucks are required to carry the minimum amount of chains they would need to don. Oregon doesn't require that chains be carried between certain dates, but chains are required to be on the truck during winter weather conditions.

During a Conditional Road Closure, drivers are required to install chains on their tires to continue travel.

Oregon uses road signs to inform drivers of the chain-up requirements ahead. If the sign says "Snow Zone, Carry Chains or Traction Tires," the minimum required chains for your truck must be carried on the truck. If the sign says "Snow Zone, Chains Required on Vehicles Towing or Over 10,000 GVW," the minimum required chains for your truck must be installed on the tires to proceed. If the sign says "Snow Zone, Chains Required, Traction Tires Allowed on Vehicles Under 10,000 GVW," the minimum required chains for your truck must be installed on the tires to proceed.

South Dakota Chain Law

South Dakota Road Conditions: 511 or 866-697-3511

South Dakota does not require truckers to carry chains but there are times when travel will be restricted for trucks without chains on the tires.

Utah Chain Law

Utah Road Conditions: 511 or 866-511-8824

Utah requires vehicles that are likely to encounter conditions that require chain-up to carry enough chains for one drive axle.

Washington State Chain Law

Washington Road Conditions: 511 or 800-695-7623
Washington Chain-up Requirements

All vehicles over 10,000 lbs are required to carry the minimum required chains from November 1 to April 1 each year on the following routes:
I 82 between Ellensburg Exit 3 (MP 3.00) and Selah Exit 26 (MP 26.00)
I 90 between North Bend (MP 32) and Ellensburg (MP 101)
Route 2 between Dryden (MP 108) and Index (MP 36)
Route 12 between Packwood (MP 135) and Naches (MP 187)
Route 14 (MP 18) to Junction 97 (MP 102)
Route 20 between Tonasket (MP 262) and Kettle Falls (MP 342)
Route 97 between (MP 145) and Junction SR-2
Route 97 between junction SR-14 (MP 4) Columbia River and Toppenish (MP 59)
Route 155 between Omak (MP 79) and Nespelem (MP 45)
Route 410 from Enumclaw to Naches
Route 542 Mt Baker Highway between (MP 22.91) and (MP 57.26)
Route 970 between (MP 0) and (MP 10)

Wyoming Chain Law

Road Conditions: 511 or 888-996-7623

Wyoming will sometimes shut down the freeway except for all wheel drive vehicles and vehicles equipped with chains or snow tires.

The Law of Attraction Quiz Series, Understanding and Applying the Law of Attraction

Do you truly understand the Law of Attraction well enough to obtain what you desire in your life? Take this quiz and find out.

The Law of Attraction sounds easy, doesn't it? But unless you know some key facts about the Law of Attraction, you may struggle to obtain what you desire. This little quiz will let you know if you understand and are applying the Law of Attraction to attract into your life your desires.

You have been applying the Law of Attraction your whole life and probably didn't even know it, but to become aware of the Law of Attraction is an important step to obtaining the life you so deserve. Many of us believe that just thinking positive thoughts will help us attain all we would like out of our lives. But there are some basics you should know about applying the LOA. Take this quiz to see how LOA savvy you really are.

Law of Attraction Question One:

You have one of those days when everyone seems to be agitated and impatient. Why is this happening?

A. It's just one of those days when everyone is being mean to me
B. I don't know why but I just want to get home to get away from people
C. It is a direct result of my past thoughts and feelings

Law of Attraction Question Two:

Besides love, what is the best feeling to emit in applying the Law of Attraction to obtain positive results continuously?

A. Competitiveness
B. Boasting
C. Gratitude

Law of Attraction Question Three:

Why does the Law of Attraction bring you what you want AND what you don't want?

A. Because the Universe brings me every feeling and thought that I have back to me
B. Because the Universe decides what is best for me
C. Because the Universe brings me what I MOSTLY focus on, whether it is a "want" or a "don't want"

Law of Attraction Question Four:

Why is it important to have a clear detailed image of what you desire?

A. Because it helps me to imagine much more easily
B. Because that is what the Universe wants
C. Because the Universe brings to me what I focus on and if my picture is unclear, the Universe has to fill in the gaps and my image may come to me distorted and different than I thought

Law of Attraction Question Five:

Is repetition important in the Law of Attraction?

A. Not really, just my positive thoughts will get me what I want
B. Yes because it helps me remember what my want is
C. Yes because the more I focus on my want (repetition) the better picture the Universe has to attract to me

Law of Attraction Question Six:

What causes a child to lose their natural ability to intentionally apply the Law of Attraction?

A. They just grow up
B. Getting a few knocks from life
C. Their 'family and friends' environment and their own perception of life

Law of Attraction Question Seven:

Which of these circumstances affects the abilities of applying the Law of Attraction?

A. The phases of the moon
B. What state my physical body is in
C. Listening to the opinions of others

Law of Attraction Question Eight:

When you come up to a problematic situation, what should you do when applying the Law of Attraction?

A. Look at the problem and see why it is problematic to you
B. Do nothing
C. Focus on the solution which is the want and don't focus on the problem which is the don't want

If you answered mostly A's or B's, you want to study much harder if you are to apply the Law of Attraction from a positive state. Try finding reliable information on the Law of Attraction to help you along so that you can intentionally create your ideal life.

If you answered A's, B's, and C's, you're on your way to learning about the Law of Attraction. Study this quiz and understand why the answers should all be C's. Keep finding answers so that you can live your life in ease at all times.

If you answered mostly C's, you are on your way to having everything you desire through the Law of Attraction. Keep studying and finding methods that work for you in attaining what you deserve in life. You have the knowledge now go out and use it to create a wonderful life for yourself through the Law of Attraction.

Law of Vibration – the Key to Understanding the Law of Attraction

Of all the universal laws, the law of attraction is both the most fascinating and the most misunderstood. Fascinating, because as humans we naturally want a tool to help create the life of our dreams, and the law of attraction can certainly help us to do that. Misunderstood because, unlike a tool that we can pull out and use now and again but is otherwise inactive, the law of attraction is operating in our lives constantly and independently, whether we are consciously aware of it, or believe in it, or not.

In other words, there is no need to engage the law of attraction, it is already at work in your life and always will be. So long as you are alive and breathing, the law of attraction is at work. This is great news! You are already using the law of attraction to create everything in your life whether you realise it or not. The results that you are experiencing: your career, finances, relationships, health, home, community, and so on, are a direct result of the law of attraction and your interaction with it in the form of thoughts and feelings.  

If you're not creating the kind of life you want though, chances are you are creating by default, allowing the law of attraction to bring you more and more of the same. Unfortunately, we weren't handed a life manual at birth and, for many of us, our parents were not aware of the law of attraction and so did not teach us.  At Attract Like Magic we are dedicated to helping you understand this powerful universal law and how you can begin to use the law of attraction to consciously create the life of your dreams. On the Attract Like Magic site, and in upcoming newsletters and articles, we will explore everything to do with the law of attraction and provide tools that will help you to harness its power.

But in order to really understand the law of attraction, you first need to understand another of the universal laws, the law of vibration.  

Law of Vibration

According to the law of vibration everything is made of energy and has a distinct frequency or vibration. With the advent of powerful enough technology, science now agrees. Quantum physicists have shown that, although matter may appear to be solid, when you look at it through a high-powered microscope so that it is broken down into its smallest components: molecules, atoms, neutrons, electrons and quanta (the smallest particles measurable), it is ultimately mostly empty space interspersed with energy.

In other words, at the quantum level, everything is comprised of energy and empty space and what makes you, your home, your car, the chair you're sitting in, seem solid is the frequency of the vibration of the energy that makes it up.

Not only does your body and all that you consider to be "you" have a distinct and unique vibration (or more correctly a mix of vibrations), but your creations, in the form of thoughts, also have distinct vibrations which affect or blend with your overall vibration.

In turn, your vibrations affect everything around you – your environment, the people and animals around you, the inanimate objects, even the seemingly 'empty' space and they, in turn, affect you. That's why, when you walk into a room where there was an earlier argument, you can sense it. We even use terms like "bad vibes", "you can feel the tension", and "you could cut the air in here with a knife" to describe it. In each case what we are referring to is the energy imprint of the earlier occupants.

Similarly, you may have gone to someone's home, office or business where, as soon as you entered, you felt the "good vibes" that filled the place. That's because, over time, a place becomes imbued with the energy imprints of the dominant vibrations of the people who live or work there. So a home, for example, can literally become filled with love or tension or anger or sadness or any other emotion, and that home will feel that way to a visitor even if none of the regular occupants are at home at the time. If you've ever entered such a place you may even have noticed how you just relaxed and felt good in response to the "good vibes" around you. Of course, the extent to which you take on the vibrations of the people and things around you is up to you – but for most people, this is not a conscious decision.

So, you are giving off vibrations every second of every day. You are also simultaneously receiving and translating the vibrations of everything and everyone around you. If we use the analogy of television, you are both a television transmitter, beaming out your own unique station, and also a television set or receiver, able to tune in to all the stations or frequencies being broadcast around you. Sometimes we refer to these incoming vibrations as intuition or "gut feelings".

So how do you know what your vibration is at any moment?

Simple - ask yourself how you are feeling.

Your emotions are a quick and handy guide to your vibration in any moment. If you feel loving, you are vibrating at the frequency of love; if you feel angry, you are vibrating at the frequency of anger; if you feel curious, you are vibrating at the frequency of curiosity, and those vibrations are received by everything and everyone around you. You are also, through the law of attraction, bringing to you more experiences that will match this vibration so when you feel angry the law of attraction will bring to you more experiences that will elicit the feeling of anger, you will attract angry people and find yourself in the middle of angry situations.

Have you ever had a day where you felt lousy, but tried to pretend that everything was OK to family, friends or co-workers? It doesn't work does it? Your friends, family or co-workers know straight away that you are not how you are pretending to be. They may ask if something is wrong, or comment that you don't seem to be your normal self. They pick up on the incongruence between what you are saying and your vibration. Because we are not used to explaining in terms of vibrations, they may attribute their knowing to something more mundane like tone of voice or body language, but even people without the full use of their senses can detect this type of incongruence.

To sum up, you are sending out vibrations every moment of every day. Those vibrations are a mix of your thoughts and feelings and they affect everything around you. At the same time you are also receiving and translating the vibrations of everything around you (which can, in turn, affect your vibration by how you react to them). Now that we understand vibration, let's look at how it interacts with the law of attraction.

Law of Attraction

The law of attraction, simply put, means energy attracts like energy. You may also have heard it expressed as "like attracts like', "that which is like unto itself is drawn" and even "thoughts become things".

The law of attraction is at work in your life every minute of every day. Your vibrations are constantly being broadcast to, and received, by the universe. This activates the law of attraction which then matches your vibrations and attracts to you similar vibrations in the form of people, things and situations in your life. In other words you are always creating your life through your thoughts and feelings. The conditions in your life, whether they are what you want or not, are always a match to your dominant vibrations.

The law of attraction, like all the universal laws, operates whether you are aware of it or not, or believe it or not. The often-used terms "what you focus on grows", "careful what you wish for (cause you just might get it)", "birds of a feather flock together" and "you can't get enough of what you don't want" are all examples of ways that we describe the law of attraction in action.

So, the question becomes - if your life is not how you would wish it to be, how do you change it? And the answer most often given by law of attraction and personal development teachers is a simple one - change your thoughts.

Simple - yes, but not easy. Here's why.

Somewhere between 94 - 98% of all thoughts are subconscious, that is, below or out of conscious awareness which means that only 2 – 6% of your thoughts are ever conscious. So, even if you managed to change all of your conscious thoughts to be positive, that still leaves an awful lot of subconscious thought, at least some of which would be negative, vibrating away in the background without you even being aware of it! If you're having trouble creating what you want in life, chances are your subconscious mind is at fault.

In our next article we will explore the subconscious mind and how it can interfere with your Law of Attraction efforts.

Rape Laws in India

 

THE RAPE LAWS IN INDIA, revisiting the concepts  .

 

Is 'Rape' merely a word described in section 375 of the Indian Penal Code, 1860, to be interpreted stricto senso? Or is it a psychological phenomenon to be understood and dealt with, with more empathy and less legality? What is the scope of this word and its narrow definition according to law and what is the impact of this definition on the judgments meted out to the hapless victims of this excruciating mental agony? This project aims to study the lacunas in the present definition and scope of the phenomenon called Rape.

The word 'Rape' is derived from the Latin term 'Rapio', which means 'to seize'. Thus, rape literally means a forcible seizure and that is the essential characteristic feature of the offence. In common parlance, it means intercourse without her consent by force, fear or fraud. In other words, rape is violation with violence of the private person of a woman.

Though the law is said to grant justice to the innocent, the same is sadly not true in case of rape victims. Justice prides herself on being blind to everything but the truth - yet as far as rape is concerned, the facts paint a different picture. Rape laws in India are extremely antiquated. Although the laws outline the crime in clear terms, the courts are filled with people who favor the accused and challenge the veracity of the victim's allegation.

The Supreme Court has opined in Maharashtra v Madhukar Narayan Mardikar , that
"..even a woman with easy virtue is entitled to privacy and no one can invade her privacy as and when he likes. So also, it is not open to any and every person to violate her person as and when he wishes. Therefore, merely because she is a woman of easy virtue, her evidence cannot be thrown overboard."

Rape laws in India are antiquated; Instances where justice has failed the victim because of interpretation of law, assessment of evidence, long delays at the trial and harsh and humiliating cross-examination of the victim are reported with alarming frequency. This report deal with the incumbencies in the existing laws relating to rape in India and certain recent developments in this field.

Rape is a weapon that distorts a woman's sexuality, restricts her freedom of movement and violates her human rights. It leaves a woman feeling exposed, humiliated and traumatised. A rapist not only violates the victim's privacy and personal integrity, but also causes serious physical and psychological damage. The law must take a fresh look at itself and take positive steps to make it more difficult for an accused to get judicial reprieve. . What is sad about rape in India is the lack of seriousness with which the crime is often treated.Statistics from 2000 showed that on average a woman is raped every hour in India

As observed by Justice Arjit Pasayat:
"While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female."
Sexual harassment is nothing less than the showcasing of male dominance. Given an opportunity, such men (those committing sexual harassement) would try fulfilling their desire.

Rape

Rape means an unlawful intercourse done by a man with a woman without her valid consent. (Section 375 of the Indian Penal Code)
A man is said to commit "rape" if he has sexual intercourse with a woman under circumstances falling under any of the six following descriptions :-

Against her will.

Without her consent.

With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

With or without her consent, when she is under sixteen years of age.

Explanation : Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

Exception : Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.

Impediments to Justice:
Rape is defined in India as intentional, unlawful sexual intercourse with a woman without her consent. The essential elements of this definition under Section 375 of the Indian Penal Code are 'sexual intercourse with a woman' and the absence of consent. This definition therefore does not include acts of forced oral sex, or sodomy, or penetration by foreign objects; instead those actions are criminalized under Section 354 of the IPC, which deals with 'criminal assault on a woman with intent to outrage her modesty' and Section 377 IPC, covering 'carnal intercourse against the order of nature'.

The definition leaves a few questions unanswered. For instance, what about sexual intercourse by a man with his wife, and without her consent, where the wife is over 16 years of age? Judicial interpretation has also meant that sexual intercourse in a custodial situation (police station, public hospital, remand homes, and jails) is deemed an offence, without going into the question of consent. Also, anal or oral penetration and penetration with objects do not fall within the ambit of section 375.

It also does not recognize other forms of sexual assaults, like protracted sexual assault by relatives, marital rape etc. as aggravated forms of rape. This causes grave injustice to many victims. In many cases of child rape, the child has been penetrated through fingers or by objects or been force to perform oral or anal sex; yet this is not considered rape by the Courts.

Also, if the victim is a minor, the onus is on the accused to prove his innocence. But if the victim is a major, it is up to her to prove her charge. Therefore, the defence finds it worthwhile to prove that the victim is a major. Another problem is that unless the woman is examined medically within 24 hours, it becomes difficult forensically to prove that rape has occurred. Very often, unable to prove penetration, judges find themselves trying "rape" cases under more watered down sections: 'outraging the modesty of a woman', for instance, carrying much lighter punishment.

 Adding to this is Section. 155(4) of the Evidence Act (Repealed), which allows the victim to be questioned of her past sexual history which the defense uses to humiliate the victim in the Courtroom. At the same time, section 54 stated: "In criminal proceedings (including rape) the fact that the accused person has a bad character is irrelevant, unless evidence has been given (by him) that he has a good character, in which case it becomes relevant."

Section 375 of the Indian Penal Code (IPC) only considers forced peno-vaginal penetration to be rape. Penetration with any other object, be it life-threatening (a knife, an iron rod, etc), though more physically harmful is not rape. The penis is accorded a privileged position in comparison with other objects that can be inserted, because of the primacy put on the virginity of women. The rupture of a woman's hymen -- the ultimate symbol of her sexual purity -- must be avoided at all costs. "Sexual intercourse by a man with his own wife, the wife not being under 15 years of age, is not rape," according to this section. In other words, forced sex within marriage is outside the scope of the offence of rape.

 The manner in which some courts have interpreted the law or assessed the evidence has often proved to be an obstacle also. In spite of Supreme Court judgments to the contrary, lower court judges often insist on evidence of physical resistance or marks of injuries to hold that a woman has not consented. A woman's evidence without corroboration is not considered sufficient.

Therefore rape laws in order to be of great deterrence, must have a cooperative victim, professional investigation, diligent prosecution; and an expeditious trial. For otherwise it shall not be the law, that fails, but the applicants, the process and application

 

 

Earlier Developments

 Several difficulties with the rape law were highlighted through some insensitive treatment by the judiciary

·        The Mathura rape case is illustrative.( TukaRam v. State of Maharashtra, AIR 1979 SC 185In March 1972, a 16-year-old tribal girl was raped by two policemen in the compound of Desai Ganj police chowky in Chandrapur district of Maharashtra. Her relatives, who had come to register a complaint, were patiently waiting outside even as this heinous act was being perpetrated in the police station. When her relatives and the crowd threatened to burn the police chowky down, the two guilty policemen, Ganpat and Tukaram, reluctantly agreed to file a panchnama. At the Sessions Court, Mathura was accused of being a "liar" and that since she was "habituated to sexual intercourse", her consent was given. The Nagpur bench of the Bombay High Court set aside the judgment holding that that passive submission due to fear induced by serious threats could not be construed as willing sexual intercourse. However, the decision of the Supreme Court remains a blot on its record to this day. The rationale for acquittal was that Mathura had not raised an alarm and there were no visible marks of injury on her body. The judgment did not distinguish between consent and forcible submission

 

The Mathura rape case galvanised the women's movement into asking for reforms of the criminal law that dealt with rape. In 1983, the government passed the Criminal Law Amendment Act. It amended Section 376 IPC and enhances the punishment of rape it also provides enhanced punishment of minimum of 10 years of imprisonment for police officers or staff of jail, the remand homes or other places of custody established by law. The Act further inserts a new Section 114-A IEA, by raising a presumption as to absence of consent in cases of custodial rape, rape on pregnant women and gang rape at least partially, removed the infirmity from the evidence of a victim of rape that was hitherto unjustly attached to her testimony without taking note of the fact that in India, unlike the occident a disclosure of the girls identity, rehabilitation in society for all times to come and unless her story was painfully true she would not have taken such a grave risk merely to malign the accused.The Act also provides for trial in camera. It also inserts a new section in the IPC Sec 228(A), which makes disclosure of the identity of the victims in These amendments were not enough to stem the rise in the number of cases of sexual violence against women. One crucial defect in the law was the definition of rape under Section 375 of the Indian Penal Code (IPC), which took into account only penile-vaginal penetration. Other physical and mental injuries were left to be dealt with under Sections 354 and 509 of the IPC as `outraging the modesty of a woman'.

 

 

Although the amendment had only partly accepted the demands of the campaign, the enactment was an indication of some measure of success. However, the inadequacy of these measures became clear in the Suman Rani case.[In spite of the rigorous punishment brought in through the amendment in cases of custodial rape, the Supreme Court reduced the sentence to five years on grounds that the woman was of 'questionable character' and 'easy virtue' with 'lewd' and 'lascivious behaviour'. The court also dismissed a review petition filed by women's groups. The Suman Rani case was no exception; the judiciary was routinely awarding less than the minimum sentence in rape trials despite the statutory mandate laid down by the amendment. In Mohd.Habib v. State, the Delhi High Court allowed a rapist to go scot-free merely because there were no marks of injury on his penis, which the High Court presumed was indicative of consent.

·        In Mohd.Habib Vs State, the Delhi High Court allowed a rapist to go scot-free merely because there were no marks of injury on his penis- which the High Court presumed was a indication of no resistance. The most important facts such as the age of the victim (being seven years) and that she had suffered a ruptured hymen and the bite marks on her body were not considered by the High Court. Even the eye- witnesses who witnessed this ghastly act, could not sway the High Court's judgment.   

·        In another instance of conscience stirring cases, Sakina- a poor sixteen year old girl from Kerala, who was lured to Ernakulam with the promise of finding her a good job, where she was sold and forced into prostitution. There for eighteen long months she was held captive and raped by clients. Finally she was rescued by the police- acting on a complaint filed by her neighbour.With the help of her parents and an Advocate, Sakina filed a suit in the High Court- giving the names of the upper echelons of the bureaucracy and society of Kerala.The suit was squashed by the High Court, while observing that ' it is improbable to believe that a man who desired sex on payment would go to a reluctant woman; and that the version of the victim was not so sacrosanct as to be taken for granted.'

·        Whereas, in State of Punjab Vs. Gurmit Singh, the Supreme Court has advised the lower judiciary, that even if the victim girl is shown to be habituated to sex, the Court should not describe her to be of loose character.

·        The Supreme Court has in the case of State of Maharashtra Vs. Madhukar N. Mardikar, held that "the unchastity of a woman does not make her open to any and every person to violate her person as and when he wishes. She is entitled to protect her person if there is an attempt to violate her person against her wish. She is equally entitled to the protection of law. Therefore merely because she is of easy virtue, her evidence cannot be thrown overboard."

In Chairman, Railway Board Vs. Chandrima Das, a practicing Advocate of the Calcutta High Court filed a petition under Article.226 of the Constitution of India against the various railway authorities of the eastern railway claiming compensation for the victim (Smt. Hanufa Khatoon)- a Bangladesh national- who was raped at the Howrah Station, by the railway security men. The High Court awarded Rs.10 lacs as compensation. 

The Supreme Court also held that the relief can be granted to the victim for two reasons- firstly, on the ground of domestic jurisprudence based on the Constitutional provisions; and secondly, on the ground of Human Rights Jurisprudence based on the Universal Declaration of Human Rights, 1948 which has international recognition as the 'Moral Code of Conduct'- adopted by the General Assembly of the United Nation. 

 In view of the above, the Supreme Court has laid down the following guidelines for the trial of rape cases:

1.The complaints of sexual assault cases should be provided with legal representation. Such a person should be well acquainted.

2. Legal assistance should be provided at the police Station, since the victim may be in a distressed state.

3. The police should be under a duty to inform the  victim of her right to a counsel before being interrogated.

4. A list of lawyers willing to act in these cases should be kept at the police station.

5. Advocates shall be appointed by the Court on an  application by the police at the earliest, but in order that the victim is not questioned without one, the Advocate shall be authorized to act at the police Station before leave of the Court is sought or obtained.

6. In all rape trials, anonymity of the victim must be maintained

7. It is necessary to setup Criminal Injuries Compensation Board with regard to the Directive Principles contained under Article. 38(1) of the Constitution of India. As some victims also incur Substantial losses.

8. Compensation for the victims shall be awarded by the Court on the conviction of the offender and by the Criminal Injuries Compensation Board- whether or not a conviction has taken place. The Board will take into account pain, suffering, shock as well as loss of earnings due to pregnancy and child birth if this accrued as a result of rape.

Recent Developments

In 1997, Sakshi, an organisation involved in issues on women and children, approached the Supreme Court through a writ petition asking for directions concerning the definition of rape in the IPC. Although the Supreme Court did not interpret the provisions of Section 375 IPC to include all forms of penetration such as penile/vaginal penetration, penile/oral penetration, penile/anal penetration, finger/vagina penetration, finger/anal penetration, and object/vaginal penetration within its ambit. Instead, the judges sought refuge behind the strict interpretation of penal statutes and the doctrine of state decisis - a view that any alteration [in this case, of the definition of rape] would result in chaos and confusion, it directed the Law Commission of India to respond to the issues raised in the petition. The Law Commission, under the chairmanship of Justice P. Jeevan Reddy, responded by saying that the 156th Law Commission Report had dealt with these issues. The Supreme Court, however, agreed with Sakshi that the 156th Report did not deal with the precise issues raised in the writ petition. In August 1999, it directed the Law Commission to look into these issues afresh. (Sakshi v. Union of India)

After detailed consultations with the organisations, the Law Commission released its 172nd Report on the Review of Rape Laws, in 2000. The Law Commission recommended changing the focus from rape to `sexual assault', the definition of which goes beyond penile penetration to include penetration by any part of the body and objects, taking into account cunnilingus and fellatio.

The report recommended the deletion of Section 155(4) of the Indian Evidence Act, which would prevent a victim of rape from being cross-examined about her `general immoral character' and sexual history. It suggested graded sentences, with higher punishment for rape committed by the relatives and persons in `trust or authority', public servants, and superintendents, management and staff of hospitals. It introduced a new Section 376(E), which would include sexual harassment at the workplace.

The commission recommended shifting the burden of proof of consent to the accused. It suggested specific provisions that would deal with the medical examination of the victim as well as the accused by a registered medical practitioner. It said that girls who are victims of rape should be questioned only by a female police officer, in the absence of whom a qualified woman from a recognised social organisation should do the questioning. The commission suggested that the law relating to sexual assault be made gender neutral, that is, men and women can be charged with the rape of men, women and children. This meant that for the first time the sexual assault of minor boys was made prosecutable under the law. It asked for Section 377 of the IPC to be dropped, thus decriminalising sodomy.

However, the recommendations did not take into account marital rape. It raised the age of consent of the wife from 15 to 16 years, after which the woman is not protected from rape by the husband. It also continues to provide a window for Judges to reduce the sentence in case of convictions below the minimum sentence specified, as suggested by the commission which states: "Any number of situations may arise, which the Commission cannot foresee th Based on the Law Commission's recommendations, the government enacted an amendment in the winter session of Parliament in 2002, which deleted Section 155(4) and inserted a proviso to Section 146 of the Indian Evidence Act, which means that a victim of rape can no longer be questioned about her past sexual conduct and her `general immoral character'..

 

Criminal Law Amendment Bill of 2005

The Bill, drafted by Ms Kirti Singh advocate and legal convener of AIDWA, is based on 172nd report of the Law Commission to amend the laws relating to sexual assault in Section 375, 376, 354 and 509 IPC and the relevant sections of the Code of Criminal Procedure 1973 and the Indian Evidence Act 1872. The recommendations are based on the national consultation on the issue organized by the national commission for women

·        The major changes sought to be brought about through this amendment are substitution of existing section 375 of the IPC with the following:

"375.Sexual Assault: Sexual assault means –
(a) The introduction (to any extent) by a man of his penis, into the vagina (which term shall include the labia majora), the anus or urethra or mouth of any woman or child–
(b) the introduction to any extent by a man of an object or a part of the body (other than the penis) into the vagina(which term shall include the labia majora) or anus or urethra of a woman
(c) the introduction to any extent by a person of an object or a part of the body (other than the penis) into the vagina(which term shall include the labia majora) or anus or urethra of a child.
(d) manipulating any part of the body of a child so as to cause penetration of the vagina (which term shall include labia majora) anus or the urethra of the offender by any part of the child's body;"

Similarly, Amendment, 2005 brought forth many changes in rape laws, especially related to detailed procedure of examination of victim and accused both by inserting new sections: 164-A, 174 (1A), (b), and 53-A (a) CrPC, and made it clear that in addition to physical examination, it also shall include the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the RMP thinks necessary in a particular case. Section 174 (1A), (b), CrPC inserted to make mandatory inquiry by the Judicial Magistrate in cases of custodial rape and murder cases.

Changes recommended in the Indian Evidence Act, 1872 are in S

Labor Law Posters, It's the Law!

State and Federal Labor Law Posters are Required for Small Businesses and Other Employers.

Statutes and regulations enforced by agencies within the US Department of Labor require that labor law posters and/or work place notices be posted in the work place.

Job safety and health protection labor law poster; Occupational Safety and Health Administration oversee this labor law poster. Private employers engaged in a business affecting commerce must display this labor law poster.

Equal employment opportunity labor law poster; Employment Standards Administration and Office of Federal Contract Compliance Programs oversee this labor law poster.  Involves Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; 38 U.S.C. 4212 of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, Entities holding federal contracts or subcontracts or federally assisted construction contracts of $10,000 or more; financial institutions which are issuing and paying agents for U.S. savings bonds and savings notes; depositories of federal funds or entities having government bills of lading must display this labor law poster.

Fair Labor Standards Act (FLSA) labor law poster; Minimum wage poster, Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every private, federal, state and local government employer employing any employee subject to the Fair Labor Standards Act, 29 USC 211, 29 CFR 516.4 posting of notices must display this labor law poster.

Employee Right for Workers with Disabilities/Special Minimum Wage Labor Law Poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every employer having workers employed under special minimum wage certificates authorized by section 14(c) of the Fair Labor Standards Act must display this labor law poster.

Your rights under the family and medical leave act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Public agencies (including state, local, and federal employers), public and private elementary and secondary schools, as well as private sector employers who employ 50 or more employees in 20 or more work weeks and who are engaged in commerce or in any industry or activity affecting commerce, including joint employers and successors of covered employers must display this poster.

Uniformed Services Employment and Reemployment Rights Act (Notice for use by all employers) labor law poster; Veterans' Employment and Training Service labor law poster. The full text of this labor law poster must be provided by each employer to persons entitled to rights and benefits under USERRA.

Notice to all employees working on Federal or Federally financed construction projects (Davis-Bacon Act) labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Any contractor/subcontractor engaged in contracts in excess of $2,000 for the actual construction, alteration/repair of a public building or public work or building or work financed in whole or in part from federal funds, federal guarantee, or federal pledge which is subject to the labor standards provisions of any of the acts listed in 29 CFR 5.1 must display this labor law poster.

Notice to employees working on government contracts (Service Contracts Act) labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every contractor or subcontractor engaged in a contract with the United States or the District of Columbia in excess of $2,500 the principal purpose of which is to furnish services in the U.S. through the use of service employees must display this labor law poster.

Notice: employee polygraph protection act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Any employer engaged in or affecting commerce or in the production of goods for commerce must display this labor law poster. Does not apply to federal, state and local governments, or to circumstances covered by the national defense and security exemption.

Notice migrant and seasonal agricultural worker protection act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Agricultural employers, agricultural associations and farm labor contractors must display this labor law posters.

Now is the time to think about updating your labor law posters to avoid fines and prevent lawsuits. Don't wait until you get fined get your mandatory labor law posters compliant today.  One less thing you have to "get a round too". Don't mess with the law, Osha compliance, and state and federal labor law poster posting requirements are Mandatory, get your Labor law posters updated today. Keep in mind that your state may require additional labor law poster postings.

7 Laws to Attract Wealth Into your Life

1. The Law of Perpetual Transmutation:

The best definition of Natural Law seems to be that, "it is the uniform and orderly method of the omnipotent God. Unlike any other form of animal life that has been created, we were given the power of choice or free will; along with this power came certain responsibilities. The capacity to choose does not involve freedom from the consequence of our choice. The laws or rules which govern every individual, and which we cover to some degree in this book, are as exact as the laws which govern the material universe. You can act in accordance with these laws or you can disregard them, but you cannot in any way alter them. The law forever operates and holds you to strict accountability, and there is not the slightest allowance made for ignorance. The law of attraction will deliver to you what you do not want as quickly and as certainly as it will deliver what you do want.

2. The Law of Relativity:

In the study of this law, we find that all things are relative. All laws are related to each other and correspond with each other. The laws of the little are the laws of the great. There is no big nor small, fast nor slow, except by comparison. Every law that is a law must be relative to all other laws. In other words, they must be in harmony, agreement and correspond with each other. An understanding of this law will give one the means of solving many of the secrets of nature that seem to be para- doxical. The much discussed fourth dimension is nothing more nor less than the dimension of vibration. Again, all rates of vibration are either high or low, only by comparison with those above or below them.
Whenever the law is properly used, you win. Let's remember that everyone does something better than you and, likewise, you do something better than every person you meet. When you relate something you do that you are not proficient at, to something another person does that they have mastered, you will not look good. You are using the law against yourself. Begin using this law to heighten your self esteem. You will then become aware of how special you are in the light of truth.

3. The Law of Vibration and Attraction:

Everything in the universe vibrates...nothing rests. We really do live in an ocean of motion. This truly contains the great secret of life. You are always moving toward something and it is always moving toward you... it's action and attraction. This is where your intuitive factor is used (or should be). You can use it to pick up other people's vibrations. When you consciously become aware of vibrations, you call them feelings. When you feel bad, you can change your feelings by thinking good thoughts. When you pick up abad feeling from another person...you know they must be thinking disturbing thoughts. You must not let their negative vibrations affect your way of thinking.
Your thoughts are vibrations that you send off into the universe. When you concentrate, the vibrations are stronger. Your thoughts are cosmic waves of energy that penetrate all time and space (vibrations). Thought is the most potent vibration and remember that you can think...that makes you a very special creation (God's greatest masterpiece). You should always be delighted with yourself. (All creation begins in thought.) Your thought controls the vibration your physical body is in. Disease is a body that is not at ease. Health is a body at ease.

4. The Law of Polarity:

Everything in the universe has its opposite. There would be no inside to a room without an outside. If you referred to this side of the sheet of paper that these words are writen on as the top, then the other side would be the bottom. You have a right and left side to your body, a front and back. Every up has a down and every down has an up. The law of polarity not only states that everything has an opposite...it is equal and opposite. If it was 3 feet from the floor up on to the table, it would be 3 feet from the table down to the floor. If it is 150 miles from Manchester to London, by law it must be 150 miles from London to Manchester; It could not be any other way.
If something you considered bad happens in your life, there has to be something good about it. If it was only a little bad, when you mentally work your way around to the other side, you will find it will only be a little good.

5. The Law of Rhythm:

The law of rhythm embodies the truth that everything is moving to and fro, flowing in and out, swinging backward and forward. There is a high and a low tide. Everything is flowing, both in and out, in accordance with the law. There is always a reaction to every action. Something must advance when anything retreats; Something must rise when anything sinks. This law governs the movement of the planets in their orbits and also manifests in the mineral and vegetable kingdoms. Men and women can observe this law in their mental, physical and emotional states. The law of rhythm is universal. This can be observed in the rising and setting of the sun and moon, ebb and flow of the tides, coming and going of the seasons, and in the rhythmic swing of consciousness and unconsciousness.
You are not going to feel good all the time; No one does. If you did, you wouldn't even know it. The low feelings are what permit you to enjoy the high feelings.
There will always be highs and lows in life. Reason gives us the ability to choose our thoughts (that is free will). Even when you are on a natural down swing, you can choose good thoughts with your free will and continue to move up toward your goal.

6. The Law of Cause and Effect:

Every cause has its effect; every effect, its cause. There is no such thing as chance. Everything happens according to law. Nothing in the entire universe ever happens, unless it occurs according to law. Nothing ever escapes the law. It is impossible for the human mind to conceive of starting a new chain of causation, for the simple reason that every effect must have a cause; and in turn, that cause must have an effect. Thus, we have the perpetual, never-ending cycle of cause and effect.
Ralph Waldo emerson called the law of cause and effect, the law of laws. You are, of course, very interested in results. Your physical health, your relationships, the respect you earn, your material income. You must concentrate on the cause, and the effect will automatically take care of itself. That is how the law works.

7. The Law of Gender:

The law of gender manifests in all things as masculine and feminine. It is this law that governs what we know as creation. The word creation is often erroneously used, for, in reality, nothing is ever created. All new things merely result from the changing of something that was, into something else that now is. The law of gender manifests in the animal kingdom as sex. It also manifests in the mineral and vegetable kingdoms. Without the dual principle of male and female in all things, there could not be a difference of potential, perpetuation of motion, nor a regeneration. This law is the one which finally closes the cycle and completes the circle of the seven subsidiary laws under one great law.
This is in truth, the creative law. This law decrees everything in nature is both male and female. Both are required for life to exist.
This law also decrees that all seeds (ideas are spiritual seeds) have a gestation or incubation period before they manifest. In other words, when you choose a goal or build the image in your mind, a definate period of time must elapse before that image manifests in physical results.

Province of International Laws Determined

TABLE OF CONTENTS:- 

The international laws in the current aspects as viewed by most of the jurists round the globe are the laws that govern the relations of the nations with each other and the control over the individualism and freedom of these democratic as well as otherwise nations. the international laws are thought to be the governing machineries of the contemporary scenario in which the accountability of the nations for the most inhumane crimes being done by them are brought to the court. in the various books that talk of "taking the state to court" and the "mobilization" standards of the present F1 generations are being expressly interviewed. These scholar works tend to connote that the international laws are the tools that can limit the future dangers of the international insecurity and other problems of colonization etc.  faced by most of the nations of the world. These nations are threatened by the superpowers for being forced to remove their ruling strategy. The United Nations has done several peacekeeping operations and has set various organizations that intend to store the peace and spirit of coordination and cooperation in the world. The theories of the international laws that are found to be dealing with the origin and the gradual development of the international laws have been asked a lot of questions as the race for hegemony is on the peak. Growing problems of racism and international terrorism are the new challenges being faced by the international laws today. This article presents various such aspects and put the suggestions for their solutions under one umbrella. The first question before everyone is this that "what are the international laws and what purpose do they serve for humanity and international peace?" This is the most critical question that corresponds to the enforcement of international and the limits of the international courts of justice being determined. We know that the function of the national laws is to regulate the behavior of the individuals but when we intend to talk of the international laws, the shoes of individuals are wore by the states. What if the international laws are the vanishing point of the world? It is well known to the students of the international laws that the primary function of the international law is to regulate the conduct of the states while on the other hand the national laws intend to regulate the conduct of the individuals. If we examine the contours on which the body of international law is explained we could easily derive the conclusion that most of the allegations that are imposed upon the rule of international laws are concerning their applicability or jurisdiction in one way or the other. Thus the international laws are to be made more binding and the forces that provide sanctioning power to such laws are to be extending to ensure the desired obedience. The identity of the international laws another such aspect that is necessary to limit the province of international laws. The state and non-sate actors are also the key aspects that correspond to the applicability of the international laws. We here mean the kinds of acts performed by the international superpowers and other small newly independent states. In various cases of hegemonic expansion and colonialism, it could be traced that the war-crimes and crimes against humanity are recorded.

02. TAKING THE STATE TO THE COURT

:-

In the contemporary growth of the international law, the growing awareness among the people of the various countries has led to the introduction of the concept of public interest litigation which has increased and widened the opportunities that even the states could be brought under the jurisdiction of the courts. In a study by the German philosopher "Hans Dembowski", it has been concluded that the growing political unfairness and other political reasoning have led to the introduction of Judicial Activism which has led to the growth of the power and abilities accompanied with the authoritativeness of the judiciary. International laws deal with the sociology of governance and in this respect connote to the division of power between the administrative and judicial branches of the government and their interaction with society as a whole in the particular cases that have been studied. The ongoing, excited media debate about the public interest litigation and judicial activism makes this evident. This function has typical stand point in certain countries of the world. The international arena on which various countries are brought on the same standard in the international court are is seemingly an attempt to ensure fairness and security in the international contour. Let us have a look over the two important aspects that have been the focus of study in the international society.

[A]. State Sovereignty

Sovereignty, for the past several centuries, has been the foundation of interstate relations and the world order. The concept- defined as the independent and unfettered power of a state in its jurisdiction-lies at the heart of the customary international law and the UN charter. It remains both an essential component of the maintenance of international peace and security and a defense for weak states against the strong. At the same time, the concept has never been as inviolable, either in law or in practice, as a formal legal definition might imply. In his 1992 An agenda for peace, UN secretary general Boutros Boutros-Ghali pronounced that the theory of sovereignty never matched the reality. In exploring why the westphalian sovereignty is continuously ignored or violated, Stephen Kraser has noted straightforwardly that "organized hypocrisy is the normal state of affairs. Sovereignty has routinely been violated by the powerful. In today’s globalizing world, it is generally recognized that cultural, economic influences neither respect borders nor require entry visas in both powerful and the powerless countries. The concept of state sovereignty is well envisaged in the legal and the political discourse, but territorial boundaries have come under the stress. Not only technology but also communications have made the boundaries permeable, but the political dimensions of the internal disorder and suffering often can result in wider international disorder. The initial purpose of this discussion is to set out the scope and significance of state sovereignty as a foundation on which to explore the contemporary debates about intervention. The literature on this subject is vast and contentious. As one legal analyst accurately summarizes:

Few subjects in the international law and international relations are as sensitive as the notion of sovereignty. Steinberger refers to it in the Encyclopedia of Public International Law as "the most glittering and controversial notion in the history, doctrine and the practice of the international law." On the other hand, Henkin seeks to banish it from our vocabulary and others call it " a word that has emotive quality lacking meaningful specific content". There is little neutral ground when it comes to sovereignty.

State sovereignty denotes the competence, independence and legal equality of the states. The concept is normally used to encompass all matters in which each state is permitted by international law to decide and act without intrusions from the other sovereign states. The scope of freedom of choice in these matters is not unlimited; it depends upon developments in international law and in international relations. The current foundations of the international law with regard to sovereignty were shaped by the agreements concluded by the European states as part of the treaties of Westphalia in 1648. the 1993 Montevideo Convention On Rights and Duties of States spells out the following main essentials: a permanent population, a defined territory, a functioning government, and the ability to enter into relations with the other states. The Montevideo definition includes both empirical (population and effective government) and juridical (borders and independence) components. There is a controversy regarding the accurate sovereignty of the states in Africa which has been the problem in the enforcement of the principles of the convention. These states are sovereign de jure but not de facto. As a hallmark of statehood, the territorial sovereignty is a must in the international system. An act of aggression is unlawful for two reasons: it undermines the international order, and states have exercised their sovereignty to outlaw war in the UN charter. The failure or the weakening of the state capacity brings tragedies and international insecurity. In sum, sovereignty is the key constitutional safeguard of the contemporary international order. Despite the pluralisation of the international relations resulting from the proliferation of the non-state actors which is evidenced by globalization, democratizationand privatization worldwide- the sate remains the fundamental guarantor of human rights locally as well as building block of international society.

Critical Issues

Instead of the heavy recommendations on the maintenance and enforcement of sovereignty among the states, this constitutional aspect of every nation is subject to limitation in the statements of the United Nations which have dealt heavily upon the matters concerning the world peace and a definite civil order in the international community. These limitations are as described under:-

Firstly, the charter of the United Nations contains collective international obligations for the maintenance of international peace and security. According to Chapter VII, sovereignty is not a barrier to Security Council action in response to " a threat to peace, a breach of the peace or an act of aggression."

Secondly, sovereignty may be limited by customary international law and treaties. States are responsible for their international obligations, and therefore sovereignty cannot be an excuse for not performing the duties to which they have agreed sovereignty thus carries with it responsibilities to protect the persons and property, as well as to regulate political and economic affairs. Sovereignty cannot shield internal violations of Human rights that contradict the international obligations. It has been evident in the pages of history that in a no of cases, the Security Council endorsed the use of military force for the protection of the populations in the states which were caught in the throes of war.

[B.] Changes And Continuity In The International System

Limits to the sovereignty are widely accepted-its erosion by economic, cultural and environmental factors, for example, or by customary law and voluntarily agreed treaty obligations. But Annan’s assertion of popular sovereignty was a far more radical challenge. It joined three other threats to traditional notions of state sovereignty that arose in the 1990s and are relevant for our consideration of humanitarian intervention: the right of self-determination, a broadband conception of international peace and security; and the collapse of state authority. In spite of significant change, the international system reflects substantial continuities: in centrality of state decision making and the lack of any changes overriding central authority. But situating the nature of changes and continuities is the task of political analysis and judgment. However, after the end of the cold war, these situations changed to a great extent. Firstly, the soviet union became a superpower in which Russia led the legal status of USSR, including a permanent seat on the Security Council, but 14 other states were created by the implosion of the former soviet union. Shortly, thereafter, Yugoslavia broke up into six independent states, with Serbia and Montenegro later forming the republic of Yugoslavia. Contemporary politics in developing countries is conditioned by the legacy of colonialism. The second challenge is that the broadening interpretation of threats to international peace and security, the charter’s only enshrined license to override the principle of noninterference. The third challenge was to the traditional interpretations of the sovereignty has arisen because of the incapacity of some states to exercise effective authority over their authorities and populations, a topic that is dealt extensively by the international community. For these states sovereignty is a legal fiction which never matches to reality. The political vacuum leads to the nonstate actors taking matters into their own hands and is usually accompanied by the forced displacement of the people. The United Nations confronts the same constraints today as the diplomats and politicians have since time immemorial, and certainly since the beginning of the modern efforts at the multilateral cooperation in the 19th century.

[C.] The International Court of Justice (ICJ):-

The international court of justice even though working for the enforcement of the principles behind the objective of maintenance of peace among the states of the world have been posed by various questions that are the critical areas of thought that concern the epistemology behind the working of the international courts. The states which are prosecuted in the court suffer from various discriminations and differentiations. The trials that are governed or were carried out at Nuremberg etc. follow the traditional principles i.e. TRC Act, 1995. This method has been given the name "Victor’s Justice". The victor prosecuting the accused in his own sort of understanding and reasoning is clearly presenting the breaking of the basic norm of the law that "nobody could be a judge in his cause". This method of trial was applied in the Saddam’s trial when USA attacked it after it had the security threats from Iraq that it possessed nuclear weapons of mass destruction. The differentiation and the discrimination which has been done against Saddam have been, clearly witnessed by the world that dreams of making a new world order that involves the concept of Justice. The influence of Gandhian thought is clearly visible in the TRC Act. The basic problem is that most of the overwhelming systems of justice of the contemporary world are penal, and having very less imports of the impressions of peace. There the troublesome atmosphere prevails in the international level. It imposes stress upon the mind that what does the phrase "Taking the state to court" means. The solution is thus provided:

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The concept of collective security of the nations should be enforced and that the violence as the means of achieving objectives should be destroyed to the maximum extent possible.The inter-state relations should be given more importance and the suppression of the voice of the mobilized groups should not occur. The concept that could prevent a party from giving statements should be abandoned. The method od prosecution called as "victor’s justice" should be deleted because that leads to the serious violation of the principle of "audi alterum partum" and the judgment seems to be biased. The limits over the application of the international laws and the scope of the obedience of the same should be expanded. The international laws/treaties/conventions should be accompanied with more degree of sanction. The retributive nature of punishment should be overcome and new strategies to make the international laws more humane should be attempted.There should be prosecution of the states that interfere with the enjoyment of the right of sovereignty of the other states without any firm and reasonable cause.Besides prosecuting a state for the violation of treaty or other humanitarian principles, the focus of the prosecution should be to derive a method for the solution of the problem. The same may include the support of fellow members of the UN.

03. DEMOCRACY AND INTERNATIONAL SOCIETY

Democracy as a norm and the promotion of democracy as an activity has become far more deeply embedded within international society in various ways. In the first place, there has been an enormous expansion in the involvement of the UN and regional organization in elections. Electoral assistance has become an established part of UN activities and has also led to development of a broad transnational and trans-governmental network of electoral assistance, party support, and monitoring.second, external actors have routinely become involved in democracy promotion as a result of the expansion in the number and scope of peacekeeping operations, whose multi dimensional character came in many places to include human rights and democracy as well as demilitarization, refugee protection and state-building. In the cases of direct international administration of territory, the assumption of the sovereign power involved both transitional administration and also democratic regime-building. Third, democratic membership criteria have been established in two regions, and, in the case of Europe, democracy, human rights, and minority rights have all played a central part of the process of EU enlargement, the conditionality policies of the EU, and its extensive programme of member-state building. Finally, an increasing body of academic writing has opened up the idea of a legal right to democratic governance. The normative expansion of the international society to include democracy was also driven by political factors. Although there were references to ‘democratic’ rights in UN Declaration, the conditions of the cold war meant that formal incorporation of political democracy into the human rights system was politically impossible. This changed as a result of the wave of transitions from authoritarian rule in Southern Europe and the developing world in the late 1970s and 1980s; and the fall of communism in Eastern Europe and the Soviet Union; by the liberal self-confidence that followed the ending of cold war and the belief that liberal democracy and free markets were sweeping the world; and the consolidation of the place of democracy in US foreign policy. Two broader shifts need to be highlighted, both of which link academic analysis and political perceptions. The first concerns the progress of democratic change and the possibilities of democratization. During the cold war, Western governments were suspicious that the political change would be destabilizing, bringing to power either those who would ally themselves with the Soviet Union or who would challenge western economic interests. Democratization then carried with it some counter-hegemonic potential. It is also widely held in Western capitals and amongst the private sector that authoritarian governments were most suited to promoting economic development. Many academicians argued that, in any case, democracy required a wide range of ‘prerequisites’ that were lacking in many postcolonial societies. The wave of transition that began in Southern Europe and Latin America in the late 1970s ushered in a striking reassessment: democratization becomes the norm rather than the exception; the exception is of generally forward movement; and the democratization appears to be easier and less problematic than had been previously believed. A post-cold war world meant that unstable and potentially oppositional regimes could no longer look to the Soviet Union. And a globalized world meant that economic nationalism was no longer and option. The trade-offs between uncertain democratization, security interests, and economic preferences were apparently easing and a strong sense of difficulties of democracy gave way to an increased sense of ‘possiblism’. The conversion by the mid 1980s of US foreign policy was retold through a different lens that stressed the country’s historic mission to extend and promote democracy. The other important shift in thinking reflected the allegedly proven link between democracy and peace. Democratic peace theory builds on long tradition writing on international relations, often associated with Kant. However, it only formed one part of Kant’s political thought and had already become a liberal commonplace by the end of the 18th century. Other precursors of modern DPT include Karl Deutsch’s writing in the 1950s on security communities- groups of states in which there is real assurance that the members of that community will not fight each other physically but will settle their disputes in some other way. Overlooked or neglected by many studies of war causation, it became a major theme both of academic writing on international relations and of political and public debate on the nature of the post-cold war international order. Theorists argue that two sets of casual factors are important in explaining the democratic peace. In the first place, the structural constraints of democratic institutions and of democratic politics make it difficult or even impossible for war-prone leaders to drag their states into wars. They also stress the joint effect of these democratic constraints, together with the greater openness and transparency of liberal democracies. If both sides are governed by cautious, cost-sensitive politicians that only use force defensively, then conflict is far less likely to occur. Second, democratic peace theorists highlight the importance of normative mechanisms. Liberal and democratic norms include shared understandings of appropriate behavior, stabilize expectations of the future, and are embedded in both institutions and political culture. Rule-governed change is a basic principle; the use of coercive force outside the structure of rules is prescribed; and trust and reciprocity, rule of law are at the heart of democratic politics. From this view, then, the democratic peace is produced by the way in which democracies externalize their domestic political norms of tolerance and compromise into their foreign relations, thus making war with others like them unlikely. The democratic peace hypothesis rests on two claims: (a) that democracies almost never fight each other and very rarely consider the use of force in their mutual relations and (b) that other types of relations are much more conflictual including democracies’ interactions with non-democracies. The claim is almost always made in probabilistic terms. Few claim that it is a deterministic law. It is not a general theory since it is agnostic or at least much less certain about the relationship between democracies and non-democracies. But it provides some grounds for liberal optimism, even if only within the democratic zone. If true, it holds out the possibility that the homogenization of domestic political systems could transform global political order- in marked contrast both to traditional realist accounts of world politics and pluralistic accounts of international society. The main debates surrounding the democratic peace and the main issues raised by critics and skeptics include: (a) the reliability of the statistical evidence for the democratic peace, especially in the pre 1945 period; (b) the existence of alternative casual logics, especially in explaining regional clusters of peaceful states as in Europe or the Americas; (c) the difficulties of defining key terms in the theory, especially war and democracy; (d) and the problems raised by democratization processes and the evidence that, whilst fully consolidated democracies could be peaceful, democratizing states, specially in unstable areas, may be more conflict-prone than authoritarian regimes. Here are certain important issues noted from the speech (annual report) by the UN secretary general which was delivered in the General Assembly in 2007:--

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Despite these positive developments, however, efforts to expand democratic governments still face significant challenges. Many countries continue to limit fundamental freedoms, and governments face problems of the public sector efficiency, transparency and accountability. Women are playing a growing role in building democracy, but in the top leadership positions their numbers remain limited. Indigenous peoples and marginalized groups are also often excluded from power. Moreover, without vigorous participation democratic participation, official accountability, and strengthened institutional capacity, governments are unlikely to deliver on their commitments to achieve the millennium declaration, including the millennium development goals, and other internationally agreed development goals.The Un democracy fund has begun to make its mark. During first year of activities it funded 122 projects out of 1300 proposals submitted. The projects are implemented in partnership with diverse national actors. The fund’s activities encouraged transparency in government and supported national human rights institutions, civic education, electoral systems and processes, as well as political parties. There was a major focus on the participation of the youth and women in decision-making, 62 % of the submitted proposals containing a significant gender component and 37% explicitly promoting women’s rights and gender equality.The sixth international conference of new or restored democracies, held in Dolha from 29 October to 1 November 2006, reaffirmed a common commitment to democratization on the part of 100 governments, 69 parliaments and 97 civil society organization which took part. An advisory board and a nucleus secretariat were established to assist the chair of the conference in implementing the decisions of the conference.As countries enter the post-conflict phase, the focus of the UN assistance often shifts to consolidating the experience gained by newly created electoral institutions. An example is Liberia, where in September 2006 the UN mission in Liberia handed over the responsibility for long-term UN electoral assistance to UNDP.Meanwhile, the volume of technical electoral assistance to member states continued to increase. More than 30 technical assistance projects were launched in 2006, mainly through UNDP. United nations electoral assistance is often provided, moreover, in complex political environments. In the case of Mauritania, following the advice of the united Nations, the national authorities put specific measures in place that contributed to the credibility of a constitutional referendum and parliamentary and local elections in 2006, and presidential elections in 2007.Although the past year saw the scaling-down of several large and complex electoral operations, including operations in Afghanistan, Iraq and Liberia, the UN made a major contribution to the holding of historic parliamentary, presidential and provincial assembly elections in July and October 2006 in the democratic republic of the CongoThe United Nations continues to foster democracy and good governance, not only through its assistance in the holding of credible elections, but through a wide range of activities to promote democratic institutions and practices. These include support for independent judiciaries and parliaments, strong national human rights policies and institutions, transparency and accountability in government, civic education, free expression, and vibrant civil societies with opportunities for participation. In this regard, electoral processes are increasingly considered not as an end in themselves but as a bridge to peace building and sustainable development. The implementation of the United Nations convention against corruption has become a special priority for the UN system in improving the quality of governance in its member states.

Review:-

01. The situation in Iraq

[A.] The global order:-

[A.] The global order:-

01. The situation in Iraq

is causing widespread concern in the international community. The future of Iraq is vital to the stability of the region and the world. During the past year, the UN worked to foster regional engagement through initiatives including the international compact with Iraq and continued to promote national reconciliation and consensus-building, in particular through the support to the constitutional review process. UN will continue to assist Iraq through the challenges ahead. In Lebanon, the aftermath of 2006 war saw political divisions deepen, rendering more difficult the fulfillment of various UN mandates in support of the Lebanese sovereignty, territorial integrity and political independence. In the Middle East, the UN continues to increase the peaceful settlements.

02. Concerns about Asia

:- in Nepal, progress was made towards resolving the conflict and its underlying causes; the UN mission in Nepal was instituted at the request of the Nepalese parties to assist in the election of the constituent assembly and the political transition.

03. Northern Uganda

:- the special envoy of the UN for the lord’s resistance army affected areas worked with the regional actors to reinvigorate peace talks. A joint African Union-UN initiative was launched to advance the political process in Dafur. There is active representative of UN in Somalia for the purpose of national reconciliation.

04. Myanmar and Fiji

:- Asia also saw the greater use of secretary general’s good offices, with renewed high level dialogue between the UN and Myanmar, and the dispatch of an inter-agency fact finding mission to fiji following the coup in December 2006.

[B.] On Peace-keeping attempts of the UN

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At the beginning of 2006, UN peacekeeping supported 18 peacekeeping operations and 13 other field missions and offices, involving approximately 85,000 deployed personnel. By august, 2007, this number has got considerably increased.

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Among the myriad challenges faced by the UN peacekeeping during 2006 was the situation in Sudan and its spillover effects into Chad and the Central African Republic. The UNMIS has been to monitor the peacekeeping agreement of 2006. Another challenge facing UN peacekeeping operations was the Kosovo status talks and the eventual transition of the UN interim administration mission in Kosovo.

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The UNIFIL continued to cooperate closely with the Lebanese armed forces with a view to consolidating the new strategic military and security environment in the southern Lebanon, and to prevent violations of the blue line and maintain the cessation of the hostilities. UNIFIL has created has created a stable operational area as a basis for international efforts to revitalize the political process leading to a permanent ceasefire.

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The growing number of similar incidents require United Nations intervention demonstrates the central importance of control over security institutions to build a legitimate state. Enhancing national capacity and institutions particularly in the security sector is a long term process involving political commitment on the part of national stakeholders and the support of international community, especially donors. A critical aspect of this process is fostering national and local ownership of reforms intended to limit the role of the military in internal security, ensure that all security forces are under the civilian control, and meet basic standards of accountability, transparency and respect for human rights. The operational record for strengthening the capacity of national security institutions has been mixed. In Sierra Leone there has been a measure of national ownership for reforming the military and the police, although UN is concerned about its self sustainability in the absence of the continuing and long-term international technical and financial support. Similar problems faced Liberia and Congo, which are in the early stages of security sector reform. Security sector reform has been also less successful in Afghanistan, where the war against the Taliban and other anti-government elements has forced the security agencies to play a larger-than-ideal role in the attempt to provide internal security.

 

[C.] THE RULE OF LAW:-

 

The rule of law is a fundamental principle on which the United Nations was established. The United Nations goal continues to be a community of nations operating according to rules that promote human rights, human dignity and the settlement of the international disputes through peaceful means. International criminal justice, a concept based on the premise that the achievement of justice provides a firmer foundation for lasting peace, has become a defining aspect of the work of the organization. The international tribunals for Yugoslavia and Rwanda continued to conduct the trials of those accused of war crimes, crimes against humanity and other war crimes. The extraordinary courts charged the defendant for the crimes against humanity and placed him in detention. The courts for Sierra Leone commenced the trials of Charles Taylor and rendered two historic judgments that convicted five defendants for war crimes. In March, the Security Council requested UN to negotiate with the government of Lebanon an agreement aimed at establishing a tribunal to bring justice those accused of the attack that killed the former prime minister of Lebanon, Rafiq Hariri. The Security Council took resolution on 30 May, 2007 for establishment of special tribunal in Lebanon.in order to better the coordinate working of these institutions, at the end of 2006, the report entitled ‘Uniting our strengths: enhancing the United Nations support for the rule of law’ announced the establishment of a rule of law coordination and resource group. The group consists of major rule of law assistance providers in the UN system, who met to ensure that programmes are carried out in a coherent manner and are of high quality commensurate with the need of those requesting the support.

04. PURSUIT OF JUSTICE:-

One of the attractions of an old fashioned state-based pluralism and of a very thin view of international society was precisely that it appeared to offer a way of dealing with diversity and disagreement. If the diversity and the value are such important features of international life, then we should seek to organize global politics in such a way as to give groups scope of the for the collective self-government and cultural autonomy in their own affairs and to reduce the degree to which they will clash over how the world should be ordered. Equally, if the dangers of predation by the powerful are deep-rooted, even if not structurally determined, then we should continue to place a heavy emphasis on sovereignty and on the balance of power. In addition, the skeptical pluralist is attracted to the idea that it might also be possible to develop a cross-cultural consensus over the minimal rules around which a such a limited international society might be built. Hence the attraction to the international society writers of Hart’s notion of a minimum content of natural law built around Hobbesian assumptions. Hence, too null’s emphasis on the ‘elementary conditions of social life’, his attempt to isolate the elementary primary, and universal goals of the society of states; and his analytical effort to link these goals to the historical institutions of the international society. Negotiating the terms of cooperation is certainly a quintessentially political exercise. But it is also an inherently normative one both because acting in the world requires that we think about morally desirable change and because moral debate forms one part of how that political exercise will unfold. As noted in many places in this book, debates on global justice within the political theory and political philosophy have increased enormously in scope and sophistication. There is an increasingly rich array of potential answers to the problems of global political theory, including those related to just war, to humanitarian intervention, distributive justice, and to global democracy. The fragility of global political order makes it unconvincing to see this challenge as a second-order issue of moral methodology.

[I.] Institutional Authority:-

There are three major reasons why institutions are so important: as a means of helping to secure the framework for mutually intelligible moral debate; as a way of securing the stable implementation of shared rules; and in terms of the potential for the progressive development of a global moral community. In the first place, if we are looking for cross-cultural universals, a good case can be made for starting with process and with near-universality of ideas about fairness of process: hearing the other side, providing arguments for one’s actions, finding some mechanism for adjudicating between conflicting moral claims. All stable societies have to find some agreed process and procedure by which more moral conflicts can be adjudicated and managed, if not resolved. Within world politics the challenge is more daunting, given the diversity and divisiveness of sentiments, attachments, languages, cultures and ways of living, combined with massive inequalities of power, wealth, and capacity. Stuart Hampshire has suggested that there is an irreducible minimum to notions of just process. Second, institutions are also necessary because rules have to be applied. The cry of the liberal solidarist or the cosmopolitan moralist is that we need new rules to meet new circumstances. Terrorism requires that international society rethink rules relating to self-defence and the use of force. The degree to which international society is affected morally and practically by the humanitarian catastrophe means that we need new rules on humanitarian intervention. There are good arguments in favour of both these propositions. But it is a myth that, for example, a new rule on humanitarian intervention would obviate the need for the institutions and institutional debate. Even if the rule is agreed and even if the background criteria for evaluation are agreed, all rules have to be interpreted and applied. The new rule of humanitarian intervention will not avoid the need for that rule to be applied to the circumstances of a new case. On the one side, this inevitability raises the fundamental political issue: who is the body that has the authority to interpret and to apply the rule? There have been certain proximities that have been put-forth by Dallymayr. On the other side, we are faced by problems intrinsic to the idea of interpretation and application. Thus cultural and historical complexity makes it difficult to read off judgments in particular cases from general or universal moral laws and there is good reason for supposing that a great deal o the debate over values and ethics in the twenty-first century will necessarily have to be context-rich and interpretative. At one level, this might simply mean that universal principles need to show sensitivity to local context. But the challenge is deeper. Thus Tully follows criticizing in those who demonstrate a contemptuous attitude to the particular case. In terms of institutionalizing global order such a position lends support to a form of practical reasoning that is constantly navigating between the general rule, whether legal or moral, and it’s always contestable application to the facts and circumstances of a particular case. Third, institutions matter because of their potential for self-reinforcing dynamic. Once created, institutions act as platforms for the ongoing normative debates, or the mobilization of concern and for debating and revising ideas about how the international society should be organized. However much social scientists insist on analyzing international institutions solely in terms of the provision of international public goods, normative issues cannot be kept out of the picture. In addition, there is an inherent tendency for all normative systems to expand and develop, and to enmesh actors within certain patterns of discourse, reasoning, and argumentation. Finally, as we have seen, there are good reasons for believing that international institutions have acted as powerful agents for the diffusion and socialization of norms. Assessing the very mixed empirical record of actually existing institutions can have important implications for our views of global justice. Thomas Nagel, for example, has developed a political conception of global justice. Drawing on Hobbesian traditions, he argues that justice arises amongst those jointly subject to coercive authority. His assessment of where international institutions and global governance are ‘for the moment’ is that they fail to meet a crucial test, namely, they are not collectively enacted and coercively imposed in the name of all the individuals whose lives they affect. Yet this view of justice places too much weight on the difference between coercive and non-coercive situations; and, more importantly, underplays the extent of the changes that have in fact taken place in the density of international institutions, in the extent to which they do in tact exercise power and can be said to be co-authored, and in the relationship of both states and individuals to those institutions.others who either deny the possibility of international distributive justice or see it only in highly constrained forms also place great emphasis on the absence or weakness of international institutions or other cooperative arrangements. Thus, society’s main political, social and economic institutions and how they fit into one unified system of social co-operation’ determine the basic structure and govern ‘the initial focus’ of how to think about the matters of justice. But the emphasis here should be on ‘initial’ since Rawls also recognizes the possibility of reinforcing change. When writing about the domestic society, there is a strong sense that the institutions play a central role in moving from self-interested cooperation towards full overlapping consensus. They have important socializing influences on the citizens and Rawls presents a psychological account of how people come to accept and internalize principles of justice. Equally- when looking at international life- change, evolution, and learning are self recognized. ‘The idea of a reasonably just society of well-ordered peoples will not have an important place in a theory of international politics until such peoples exist and have learned to coordinate their actions in wider forms of political, economic and social cooperation. A global moral community in which claims about justice can secure both authority and can be genuinely accessible to a broad swathe of humanity will be one that is built around some minimal notion of just process, that prioritizes institutions that embed procedural fairness, and that cultivates the shared political culture and the habits of argumentation and deliberation on which such institutions necessarily depend. As Judith Shklar puts it; ‘procedural justice is not merely a formal ritual, as is often charged. It is a system that in principle gives everyone some access to the agencies of rectification and, more significantly, the possibility of expressing a sense of injustice to some effect, at least occasionally. It is important here to avoid too sharp distinction between a consent-based view of international legal legitimacy and a justice based view. Procedural legitimacy is not simply about state consent. On the one hand, consent itself may be moderated and mediated by the complexities of legal process, even without disappearing entirely from the international legal order. On the other hand, there are other important values located within the processes of international law. This may be understood in terms of the old arguments about the ‘inner morality’ of law and the rule of law. Or it may involve principles of public law that can be employed to guide international and global law-making. Or, most generally, it may simply involve an insistence that the justification of a position or a case follows an articulated, discernible, and coherent pattern of legal argument that draws on analogies, precedents, and the principles that are compatible with already widely accepted values. Finally, law can be viewed as a sociologically embedded transnational cultural practice in which claims and counterclaims can be articulated and debated and from which norms can emerge that can have at least some determination and argumentative purchase. Law, then, can play a communicative and epistemic role, shaping the conditions within which claims, including justice claims can be made and debated. The modern day Grotian will be inclined to stress the ongoing, unstable and subtle interplay between the sources of law and legal process on the one hand and the content of the law and o legal rules on the other.

[II.] Political Agency:-

That we should on the institutions, on negotiation, and on dialogue and deliberation is hardly an original suggestion. Albeit with significant variation, many have been tempted to go down a broadly Habermasian road-stressing the extent to which the terms of a just global order cannot be based on coercion nor on whatever bargain states and societies happen to be able to strike with one another, but require instead critical reflexion, uncoerced agreement of rational agents via a shared process of deliberation and reasoned justification.there have also been important arguments in favour of creating global institutional frameworks which widen the boundaries of the dialogic community. Even after assuming the presence of the multiple voices, the location of a stable and shared moral vocabulary and some degree of institutional stability, one still needs to ask about the conditions of effective political agency. Within domestic society, Habermas is ambiguous as to how far the discourse principle requires changes merely in procedures of bargaining or changes to the underlying balance of bargaining power itself. But however, we might think about power within domestic society, the conditions of global society make it impossible to evade the issue of unequal bargaining power. The massive inequalities of power and condition; the continued occurrence of war and intervention and the continued willingness of major states to use military power as an instrument of state policy; the role of power in skewing the terms of the global capitalist economy and the close links that exist between globalization and inequality; and the deformity of many of the core institutions of international society-all these point towards the pressing need to consider the minimal political preconditions that might underpin a global moral community in which reasoned deliberation and uncoerced consensus could have begin to have been possible. Although political theorists are perhaps naturally tempted to argue from the ceiling down, the wholly different scale of inequalities that exist in the world politics should push us to think hard about the minimum preconditions for an acceptable international political process. At a minimum this might include: some acceptance of equality of status, respect, and consideration; some capacity for autonomous decision making on the basis of a reasonable information; a degree of uncoerced willingness to participate; a situation in which the most disadvantaged perceive themselves having some stake in the system; and some institutional processes by which the weak and disadvantaged are able to make their voice heard and to express claims about unjust treatment. Apart from concern with the suffering of the most disadvantaged, Rawls gives two very good reasons why we should be concerned with inequality: first, that a large gap between rich and poor ‘often leads to some citizens being stigmatized and treated as inferiors, and that is unjust’; and second, because of the ‘important role of fairness in the political processes of the basic structure of the society of peoples’. Yet, despite ample evidence that some peoples stigmatized and treated the inferiors and still more evidence of the massive unfairness of international political processes, Rawls draws only the feeblest of conclusions as to what needs to be changed globally in the interests of justice. We need to give far greater attention to the links between the political and moral cosmopolitan and to the possible principles of global political justice that might inform those links. A revalidation of process legitimacy and procedural justice is crucial for the development of a stable, effective, and legitimate international society and for the nurturing of meaningfully shared foundations for the discussion of global justice. In a very important sense, the ethical claims of international society rest on the contention that such a society continues to be the most stable set of globally institutionalized political processes by which norms and rules can be negotiated on the basis of dialogue and consent, rather than simply being imposed by the most powerful. There is very little reason for supposing that progress in the direction of moral accessibility, institutional stability, or more balanced and equitable forms of political agency is likely to be easy. It may not be possible at all. There are nevertheless good reasons for believing that it is a direction which continues to be of crucial importance. Understanding how the rope bridge may be spun across the canyon is central both to the chances of world order in the 21st century and to the promotion of greater global justice.

05. PROSECUTING THE INTERNATIONAL CRIMES:-

The threat of terrorism to international peace, security and development remains a pressing issue for the international community. The expansion of UN efforts on counter-terrorism has produced a unique tool, the UN global counter terrorism strategy adopted by the general assembly. The unanimous endorsement of this document marks an historic step, bringing together 192 member states to demonstrate their resolve and ability to defeat the scourge of terrorism. The strategy outlines a coordinated and comprehensive response to terrorism at national, regional and global levels, while ensuring the respect for human rights and the rule of law. It put forward a concrete plan of action to prevent and combat terrorism and to address grievances and underlying social, economic and political conditions conducive to the spread of terrorism. The strategy will have the greatest success if it is fully achieved. This goal can be achieved by strengthening the capacity of the member states and the UN system, and by seeking the involvement of the civil society and the private sector. The main responsibility for implementing the strategy falls on member states. Nevertheless, various secretariat departments, specialized agencies, and UN programmes and funds contribute to this important endeavor by assisting member states with their implementation efforts.

01. OF THE INTERNATIONAL LAWS IN GENERAL

02. TAKING THE STATE TO THE COURT

[A]. State Sovereignty

[B.] Changes And Continuity In The International System

[C.] The International Court of Justice (ICJ)

03. DEMOCRACY AND INTERNATIONAL SOCIETY

[A.] The global order

[B.] On Peace-keeping attempts of the UN

[C.] THE RULE OF LAW

04. PURSUIT OF JUSTICE

[A.] Institutional Authority

[B.] Political Agency

05. PROSECUTING THE INTERNATIONAL CRIMES:-

06. CONCLUSION

01. OF THE INTERNATIONAL LAWS IN GENERAL:-