International Legal Personality Essay Example | Topics and Well Written Essays - 1500 words

International Legal Personality - Essay Example Above all the government is tasked to ensure security of its citizens, protect its boundaries and apply the law. (iv) Capacity to enter into relatives with other Nations: - A recognized has the right of entering into relations with other states. This is aimed at bolstering good relations with other states and to promote the interests of the other nation in a Foreign Country. This promotes peace amongst nations and promotes trade as well. In essence not states alone are recognized as International personal International bodies and Organizations representing other nations as their members like world Health Organization (WHO) World Trade Organization (WTO) are recognized to be International Legal persons within the definition of International Law. Generally a state is recognized when it possesses essential elements of statehood. The recognition of a state means that it has been included as a member of International Community. Once a state has been recognized, it becomes a member of International Community. By recognitions the International Community determines that the recognized state possesses the essential quality of a state, and is able and willing to fulfill its International obligations. According to this theory, recognition clo... Overtime various theories have evolved over recognition of statehood. The main theories on recognition of statehood are:- a) Constitutive theory b) Declaratory or Evidentiary theory. (a) Constitutive Theory:- According to this theory, recognition clothes the recognition of a state with rights and duties of International Law. Recognition is a process through which a political community acquires International Personality by becoming a member of family of Nations. Hegel, Anzilloti, Oppenheim etc. are the chief exponents of constitutive theory. In the words of Oppenheim (Supra note I, pg 125) a state is and becomes an International person, through, recognition only and exclusively. According to constitutive theory, statehood and participation in the International legal order are attained by a political group only in so far as they are recognized by established state (P.E. Corbett, The Growth of world Law (1971) pg 62.) (b) Declaratory Theory Looking at declaratory theory, statehood or the authority of new government exists as such prior to and independently of recognition. The chief exponents of this theory are Hall Wagner, Brierly, Pitt Corbett and Fisher. According to Prof. Hall, a state enters into the family of nations as a light when it has acquired the essential attributes of statehood. Pitt Corbett has expressed the view that existence of a state is a matter of fact. In his words "so long as a political community possesses in fact the requisites of statehood, formal recognition would not appear to be in a condition precedent to acquisition of the ordinary rights and obligations incident thereto. Briefly has also remarked the granting of recognition to a new

History - Enlightenment and Modernity Essay Example | Topics and Well Written Essays - 1250 words

History - Enlightenment and Modernity - Essay Example The author notes that in order to mobilize an insurrection against absolutist governments during the eighteenth century French revolution, it was necessary to enlighten minds ceaselessly, through a newspaper that would spread in all directions. The author imagined that French easily achieve the project of spreading great political principles if the intrepid friends, enlightened by liberty, could unite, communicate their ideas to each other, and compose their works some place where they could print them and distribute them throughout the world. Printing and publishing were thus not only the most important cultural mechanisms for spreading the enlightenment ideas; printing and publishing were the embodiment of enlightenment in action; the medium was the message – spreading light. The author further notes that throughout the eighteenth century, printing became the most prevalent means of communication. Gradually limitations from governments and church among other authorities fade d off, as more entities that are private begun operating businesses to cater for the rising demand of written materials. Commercialization of the printing business created new concerns about authorship and enhanced the process of enlightenment by far. In his book ‘enlightenment: Britain and the creation of the modern world’, Roy Potter explores the issue of enlightenment in respect to innovations and changes in scientific, social, political and pysio-theological discourse. According to his evaluation, enlightenment is the core thing in propagating these changes that bolster innovations to higher levels. Political and socio-economic well-being moves to newer fronts thanks to innovations motivated by enlightenment. Enlightenment thereby comes out as an avenue through which the society explores better livelihoods, equality and economic independence. Alan kors address the issue of enlightenment in the long-term, describing it as the third phase of modernization in Europe, t hrough giving a chronological account of events and moments defining enlightenment. Of great interest, is the way the author tackles issue of divergence and consensus in relation to enlightenment. The text analyses enlightenment in reference to religion, politics, science, social sciences, and imaginative literature. The emphasis here is on taunting for coexistence and harmony in diversity as a show of enlightenment. Adversary and hostility are among the negatives that enlightenment seeks to dispel from societies. Further, the author explores enlightenment in respect to public institutions and identities. Intellectual maturity of enlightenment coincided with the growth of activism and revolutions in Europe, a fact that promoted its legacy. Enlightenment comes out as a liberator for the communities that had for a long time remained in closed systems. In her text, Dorinda addresses enlightenment as a global phenomenon that preceded great social changes. Slavery and hustles for freedom are the new features of enlightenment that the author brings forth in this new edition. The fight for freedom and unceasing desire to end slavery globally take the centre stage, with the author drawing attention to how enlightening the masses induced a sense of entitlement to basic rights and freedoms. Norman Hampson argues that the dominant concern for enlightenment thinkers is amelioration, rather than root-and-branch reform, arguing that at best the