Explain and comment on the proposition that the doctrine of the right Essay

Explain and comment on the proposition that the doctrine of the right of self-determination of peoples includes the legal entitl - Essay Example According to Franck (1990), symbolic validation and pedigree provide the cultural and anthropological dimension to legitimacy. Democratic entitlement has to shift to voluntary compliance, which depends on the strength of Reisman’s (1981) â€Å"the authority signal†. The legitimacy of a rule is based on its durability and consistency. Self-determination has a well-established pedigree, because it is the oldest aspect of the democratic entitlement. Self-determination asserts the right of a people in a particular territory â€Å"to determine its collective political destiny in a democratic fashion, and is therefore at the core of the democratic entitlement† (Franck 1992: 52). Thesis Statement: The purpose of this paper is to analyse the proposition that the doctrine of the right for self-determination of people includes the legal entitlement to democratic governance. Self determination among indigenous peoples will be examined on the basis of the United Nations Gene ral Assembly resolutions, and other relevant concepts will be investigated. The Need for Self-Determination in International Law Self determination has developed from its modest beginnings in the United Nations Charter to â€Å"a legal entitlement of decolonization and to a free-standing human right† (Higgins 1995: 115). ... ermination of Jews during the Holocaust, followed by mass killing of gypsies or Romas and other groups, mass deportation to clean out unpopular ethnic groups, the Potsdam Agreement in 1945 between Russia, the United States and the United Kingdom authorizing the expulsion of some fifteen million people of German ethnic origin who had been citizens in different parts of Europe, and other large-scale forced transfers during the same period of turmoil. A new international legal order based on pluralism and tolerance was developed. The International Bill of Human Rights emphasized the equality of all human beings â€Å"irrespective of national or ethnic origin – and also irrespective of race, religion and gender† (Tomuschat 1992: 152). States were responsible for securing human rights in their own domestic system; and their autonomy was understood as popular sovereignty. In article 21 of the Universal Declaration on Human Rights, the authority of government would be based on the will of the people, which they will express through periodic, genuine and fair voting procedures. â€Å"Consequently, democratic governance was an essential component – both a precondition and a right in itself† (Tomuschat 1992: 152). The right of peoples to self-determination was introduced in the Covenants mainly with decolonization as an aim. At the same time, the underlying rationale for self-determination is that of popular sovereignty based on people governing themselves. The most important principle of international law is that of territorial integrity, the maintenance of the inherited State and of the population residing in that State. Changes can be introduced only when there are justified claims of self-determination; and the international community has to clarify for whom the principle

(Interpretive Essay on Women in the 19th Century)

(Interpretive on Women in the 19th Century) - Essay Example This is the period when work for a woman became different. This is attributed to the fact that women during the 19th century gained access to rights and even embraced working away from home, as opposed the prior concept of women always working at home. With regard to this, this essay will discuss some evolutionary cases in regard to women in the 19th century in relation to #87 Nickerson's Case, #89 Mercein vs People Ex Rel Barry, #96 Declaration of Seneca Falls convention, #136 Bradwell vs ILL, #137 Minor vs Happersett. Women’s position in the family during the 19th century and decency During this period, women were meant to respect the father as the head of the family as seen from the #89 Mercein vs People Ex Rel Barry. According to this case, Barry, the father of the infant expected to be granted more opinions and privileges on the infant more than the mother of the child. This is related to prior ways of handling issues of the family before 19th century. It is the judge Mer cein who changed this perception especially to individuals like Barry and made it clear that both the parents needed to provide custody for the child (Rife & Smith, 2002). Nickerson’s case is another evidence of what women not being considered to play important roles in the development of their children; this is related to biasness that was implicated on the mother of the child when handling issues on custody. This is also the period that women were not allowed to make any statements in the public, and the divorce laws always favored the man of the family, who was always considered to be the head of the family. Women in most instances could not make any contracts, appear in lawsuits as one of the witnesses in a case, or even initiate laws suits. During this period, most of the women who were now categorized to be in the working class category increasingly shunned marriage (Rife & Smith, 2002). Women’s rights in the 19th century in education Initially, women were meant not to proclaim self-independence as attributed to the fact that most of them were not allowed to go for proper education, thus not allowed into profession. It is through #96 Declaration of Seneca Falls conventions that women’s perception on being self-independent came out clearly. The year 1865, women were given an opportunity to pursue their careers, for instance, become doctors. This can be evidenced from the first woman to become a doctor, Elizabeth Garrett in the year 1836-1917. This is the period that she also managed to become the first female mayor of her town. Most of the female lawyers and dentists were produced during this period (Rife & Smith, 2002). It is through this convention that women could now be legitimate owners of some properties, serve in the juries as key decision makers and also the issue of voting rights was brought in to light during this period. As a result, women begun to have almost an equal power to men in the society. For example, the case base d on Seneca Falls convention, was mainly meant to address the major issues on women’s right. This mainly touched social issues, economic, religious and political. This followed that, in the year 1884 and the following years, most of the women were allowed to attend classes at Oxford University and also take their examinations seriously for the first time. Although they were given the opportunity to take their exami