Aortic abdominal aneurysm Essay Example | Topics and Well Written Essays - 1500 words

Aortic abdominal aneurysm - Essay Example The first historical records about AAA are from Ancient Rome in the 2nd century AD, when Greek surgeon Antyllus tried to treat the AAA with proximal and distal ligature, central incision and removal of thrombotic material from the aneurysm. However, attempts to treat the AAA surgically were unsuccessful until 1923. In this year, Rudolph Matas performed the first successful aortic ligation on a human. Other methods that were successful in treating the AAA included wrapping the aorta with polyethene cellophane, which induced fibrosis and restricted the growth of the aneurysm. Albert Einstein was operated on by Rudolf Nissen with use of this technique in 1949, and survived five years after the operation. (2). Endovascular aneurysm repair was first performed in the late 1980s and has been widely adopted as a treatment option in the subsequent decades. In recent decades approximately 40,000 patients underwent aneurysm each year. In the United States, 15,000 deaths per year are attributed to abdominal aortic aneurysms. (8) Anatomy: The aorta is the largest artery in the body. Arteries are vessels that carry blood away from the heart. Aorta arises from the left ventricle of the heart, forms an arch, and then extends down to the abdomen, where it branches off into two smaller arteries. Aorta is only 5 - 6cm. long and 16-20 mm. in diameter. Is focal enlargement of the abdominal aorta usually involving the infra-renal portion of the vessel to more than 50% larger in diameter than the normal aorta or to greater than 3.0 cm in its largest true transverse dimension. Aortic dissections occur when a tear forms in the intimal layer of the aorta creating a subintimal collection of blood (15). The pulsing high pressures in the aorta then force more blood into this space causing the hematoma to grow distally from its origin (7). The dissection commonly occupies approximately

This a research Paper on Thomas Gray the Poet Example | Topics and Well Written Essays - 1750 words

This a on Thomas Gray the Poet - Research Paper Example His criticisms reiterated on the perception that Gray was fond of communicating using two languages that comprised of a private and public language. The use of private language was somehow challenging. This can be ascertained in his poem that is entitled; the "Elegy Written in a Country Churchyard," which was published way back in year 1751 (Burns & Robert, 1992). On the other hand, William Wordsworth, in his preamble, made decisions to the Lyrical Ballads using the Grays piece of work entitled "Sonnet on the Death of Richard West" that was published in 1775. He used it as an example to depict that Thomas Gray was generally ruled by a fake ideology of poetic articulation that was brought out using a wrong language. In an equal judgment, Matthew Arnold gave a remark on the perspective that the age was erroneous for such a highly serious poetry. Gray also in the same manner and with familiar discernment, asserted that the age was wrong for poetry of such significance. To be noted was that Gray was affected by his ultimate age and thus failed to speak out totally. So, the main precarious biography of Gray’s reputation and reception regarding his poetry are summed up by all these judgments. The attraction of attentive critics has mainly been due to the fact of extra ordinary continuation of ‘Elegy’s significance. It is because this piece of work has been outstanding and seems to be indisputably superior especially when measured against all the other performances. Gray was born in a place known as Cornhill back in the year 1716; and was the 5th child of 12 children of Dorothy and Philip Gray, and more so he was the solitude survivor during infancy. Between the year 1725 and 1734, he attended Eton institution, where he then met Horace Walpole and Richard West, who were very influential. In 1734 he joined Peter house College in Cambridge University. After four

7s McKinsey model Essay Example for Free

7s McKinsey model Essay Strategy is a plan developed by a firm to achieve sustained competitive advantage and successfully compete in the market. What does a well-aligned strategy mean in 7s McKinsey model? In general, a sound strategy is the one that’s clearly articulated, is long-term, helps to achieve competitive advantage and is reinforced by strong vision, mission and values. But it’s hard to tell if such strategy is well-aligned with other elements when analyzed alone. See more: Is the Importance of being earnest a satirical play essay So the key in 7s model is not to look at your company to find the great strategy, structure, systems and etc. but to look if its aligned with other elements. For example, short-term strategy is usually a poor choice for a company but if its aligned with other 6 elements, then it may provide strong results. Structure represents the way business divisions and units are organized and includes the information of who is accountable to whom. In other words, structure is the organizational chart of the firm. It is also one of the most visible and easy to change elements of the framework. Systems are the processes and procedures of the company, which reveal business’ daily activities and how decisions are made. Systems are the area of the firm that determines how business is done and it should be the main focus for managers during organizational change. Skills are the abilities that firm’s employees perform very well. They also include capabilities and competences. During organizational change, the question often arises of what skills the company will really need to reinforce its new strategy or new structure. Staff element is concerned with what type and how many employees an organization will need and how they will be recruited, trained, motivated and rewarded. Style represents the way the company is managed by top-level managers, how they interact, what actions do they take and their symbolic value. In other words, it is the management style of company’s leaders. Shared Values are at the core of McKinsey 7s model. They are the norms and standards that guide employee behavior and company actions and thus, are the foundation of every organization.

Exercise of Universal Jurisdiction Critique

Exercise of Universal Jurisdiction Critique This Research will critically discuss the problems associated with the exercise of Universal Jurisdiction with regard to Internal Crimes by National courts The bases upon which Jurisdiction can be assumed under International Law are: 1. Territorial Principle 2. Protective or Security Principle 3. Nationality Principle 4. Passive Personality Principle 5. Universality Principle. UNIVERSAL JURISDICTION Unlike the territorial principle where jurisdiction is assumed based on the place where the crime is committed, the protective principle which permits jurisdiction to be assumed when the interest of the state is threatened, Nationality principle which looks to the nationality of the offender and the passive personality principle which looks to the nationality of the victim of the crime, Universal jurisdiction looks solely to the crime and jurisdiction is assumed on this basis. King-Irani stated that Universal jurisdiction is based on customary law as well as an international consensus, that some crimes are so heinous that they threaten the entire human race.[1] Perpetrators of such crimes are considered to be enemies of all mankind and in that lies the right and authority of all states to prosecute perpetrators of such crimes. This really is the foundation of the Universal Jurisdiction principle. The International Council on Human Rights Policy in its booklet on Universal Jurisdiction explained Universal Jurisdiction to mean a system of international justice that gives the courts of any country jurisdiction over crimes against humanity, genocide and war crimes, regardless of where or when the crime was committed, and the nationality of the victims or perpetrators. It allows the prosecution of certain crimes before the courts of any country even if the accused, the victim, or the crime, has no link to that country.[2] Universal Jurisdiction is usually invoked over International Crimes. Problems associated with the exercise of Universal Jurisdiction frustrate prosecution of international crimes on the basis of Universal jurisdiction; they threaten the continued prosecution of international crimes by states and can undermine the effective administration of justice at the international level. Some of these problems are: UNCERTAINTY AS TO THE SCOPE OF UNIVERSAL JURISIDCTION Uncertainty of the scope of Universal Jurisdiction takes different forms; uncertainty as to its true meaning, mode of its application and the crimes over which it applies are issues that have made the scope of Universal Jurisdiction uncertain. Luc Reydams in a paper written for the European Parliaments Subcommittee on Human Rights (DROI) stated that Most..agree that Universal Jurisdiction exists but everyone has a different understanding of what it means[3] Reydams further states that the problem with Universal Jurisdiction starts with its definition; its definition is too broad, and it leaves so much undefined thus failing to satisfy the legal requirement of certainty. There is no consensus on the offences in respect of which Universal Jurisdiction can be exercised and there also exists differing views on the true meaning of Universal Jurisdiction. Universal jurisdiction arose in the context of piracy, and it remains the most longstanding and uncontroversial Universal Jurisdiction crime.[4] David Stewart in identifying one of the challenges of Universal Jurisdiction stated that Difficulty lies in knowing exactly which crimes qualify for unilateral prosecution by any and all states. Even if one accepts that, as a matter of international law, jurisdiction must be limited to crimes of universal concern, there is no means for determining exactly which offenses fall into that category.[5] The Princeton Principles on Universal Jurisdiction states the fundamentals of Universal Jurisdiction as its first principle; under this it states that Universal Jurisdiction should be asserted with reference to the crime only; such crimes should be serious crimes.ÂÂ   In its second principle, it states that the serious crimes over which Universal Jurisdiction should be asserted are piracy, slavery, war crimes, crimes against peace, crimes against humanity genocide and torture. The Princeton principles further states that the exercise of jurisdiction in respect to the above listed crimes is without prejudice to other International Crimes under International Law. This raises a fundamental question; what are the parameters for determining the crimes over which Universal Jurisdiction may be asserted? It is generally agreed that while Universal Jurisdiction may be asserted over International crimes, it is not every International crime that can be subject to Universal Jurisdiction? Dr. Oner states that some International crimes are subject to Universal Jurisdiction as a matter of Customary International Law and some others as a result of treaty.[6] He opines that those are the two ways of ascertaining what crimes are subject to Universal Jurisdiction.[7] He traces the history of how different crimes came to be recognised as International crimes over which Universal jurisdiction could be asserted, his work would be relied on in tracing the history of those crimes. Piracy is the oldest recognised crimes over which Universal Jurisdiction can be assumed, the basis of asserting Universal Jurisdiction over this crime lies in the fact that it is committed in a place which cannot be categorised as the territory of any state; the High Seas. It was an offence that affected every state; hence all states had the authority to combat it. This is the only crime over which it is generally accepted that Universal Jurisdiction can be asserted over. Jurisdiction over this crime arose under customary law and it was later recognised by treaties. Jurisdiction was later extended to Hijacking by virtue of Article 4 of 1970 Hague Convention for the Suppression of Unlawful Seizure of Aircraft and the 1982 Convention of the Law of the Sea. After the Second World War and the application of Universal Jurisdiction to the prosecution of War crimes, Genocide and Crimes against Humanity, they gained acceptance as International Crimes over which Universal Jurisdiction could be asserted both under Customary International Law and treaties which created an obligation on states to either prosecute or extradite.[8] With time more Conventions on certain other offences also placed an obligation on states to either prosecute or extradite persons who have committed certain crimes; Universal Jurisdiction was therefore extended to certain other offences such as Torture.[9] Another arm of this problem is national legislation of states on Universal Jurisdiction. The scope of such legislation determines the extent of Jurisdiction that can be assumed over International Crimes, and crimes over which Universal jurisdiction may be asserted. Some states have expanded the scope of crimes over which Universal Jurisdiction may be assumed under their laws, some others have tried to maintain the scope asÂÂ   has been ascertained by them Under International Law, while some others have conferred jurisdiction on their national courts in a very limited manner. States have delimited the scope of Universal Jurisdiction in their respective jurisdictions by their respective laws. Mark Ellis stated that As much of the international community promotes universal jurisdiction, state practice is limiting the scope and use of it. AND this is being done without much notice. [10] Ellis further opined that The propensity of states retaining a more expansive view of jurisdictional reach is ending. The discernible trend is moving towards a more restrictive interpretation and application of universal jurisdiction.[11] The absence of uniformity in the legislation of states conferring jurisdiction on their respective courts to assert Universal Jurisdiction poses a problem to the exercise of Universal Jurisdiction because the exercise of jurisdiction by one state may be opposed by another, especially when its nationals are involved. One factor which is closely related to the uncertain scope of Universal Jurisdiction is uncertainty as to the factors which must exist before a state can assume jurisdiction. One of such factors is whether the Accused or the person over whom jurisdiction is sought to be asserted is within the territory of the prosecuting state; this is referred to as Jurisdiction in Absentia. Zemach in defining Jurisdiction in Absentia adopted the definition of Colangelo thus: Universal jurisdiction in absentia can be roughly defined as the conducting of an investigation, the issuing of an arrest warrant, and/or the bringing of criminal charges based on the principle of universal jurisdiction when the defendant is not present in the territory of the acting state. This definition does not include adjudication of the case.[12] Many states are reluctant to assert Jurisdiction unless the accused is within their territory. This is consistent with the extradite or prosecute obligation imposed on states by quite a number of Conventions which permit the exercise of Universal Jurisdiction; the obligation to prosecute or extradite only arises when the offender is within the territory of the state. It could therefore be argued that the implication of this is that the Conventions which place an obligation on states to prosecute or extradite do not envisage the exercise of Jurisdiction in absentia. This problem is further compounded by the absence of consensus on whether Jurisdiction in absentia is permitted under International Law.ÂÂ   Judges Higgins, Kooijmans, and Buergenthal observed, in their Joint Separate Opinion as follows: is it a precondition of the assertion of universal jurisdiction that the accused be within the territory?ÂÂ   Considerable confusion surrounds this topic, not helped by the fact that legislators, courts and writers alike frequently fail to specify the precise temporal moment at which any such requirement is said to be in play. Is the presence of the accused within the jurisdiction said to be required at the time the offence was committed? At the time the arrest warrant is issued? Or at the time of the trial itself? .. This incoherent practice cannot be said to evidence a precondition to any exercise of universal criminal jurisdiction. [13] Rabinovitch, echoes the position of proponents of Universal Jurisdiction in Absentia when he stated that State practice in recent years has increasingly supported the view that States may exercise universal jurisdiction in absentia if they so desire,[14] provided there are safeguards to prevent an abuse of the accused rights. Judge Ranjeva in his Declaration held a contrary view; he stated that developments in International Law did not result in the recognition of Jurisdiction in absentia.[15] All of these uncertainties surrounding the principle and practice of Universal Jurisdiction pose a problem to the exercise of Universal Jurisdiction. THE CONFLICT BETWEEN UNIVERSAL JURISDICTION AND THE SOVEREIGNTY OF STATES One major problem which affects the exercise of Universal Jurisdiction is the perceived and actual breach of the sovereignty of a state. I use the word perceived to mean this; most times the exercise of Universal Jurisdiction by a state may be looked upon by the state whose national or official is tried as an affront or threat to its sovereignty. This might not necessarily be the case. While in a case of actual breach of a nations sovereignty, it is the case that exercise of jurisdiction may actually amount to a breach of a nations sovereignty. The Democratic Republic of the Congo V. Belgium[16] popularly known as the Arrest Warrant case illustrates this. In this case, Belgium issued an International Arrest warrant on 11 April 2000, for the arrest of Congos Minister for Foreign Affairs, Mr. Abdulaye Yerodia Ndombasi. The Democratic Republic of Congo was highly displeased with the issue of the warrant for the arrest of its minister, and accordingly instituted an action at the International Court of Justice praying the court that Belgium recalls and cancels the Arrest warrant. Belgium had issued the warrant on the grounds that Mr. Yerodia had breached the Geneva Conventions of 1949 and protocols I and II; such breach Belgium claimed was punishable under its laws. Congo prayed the International Criminal Court to order Belgium to cancel the warrant on the ground (amongst other grounds) that [t]he universal jurisdiction that the Belgian State attributes to itself under Article 7 of the Law in question constituted a [v]iolation o f the principle that a State may not exercise its authority on the territory of another State and of the principle of sovereign equality among all Members of the United Nations[17]. In essence, Congos contention was that Belgiums exercise of Its Universal Jurisdiction amounted to a violation of its sovereignty. The Court found that the issue of the Warrant of Arrest for Congos Minister for Foreign Affairs amounted to a breach of Congos Sovereignty. Kontorovich has stated that the New Universal Jurisdiction[18] is perhaps the most controversial development in contemporary international law, precisely because it encroaches on or qualifies nations jurisdictional sovereignty[19] whileÂÂ   Kings-Irani opines that Universal jurisdiction casesusually raise troubling questions about state sovereignty. Hawkins opines that when states established universal jurisdiction, they created a decentralized mechanism for the erosion of sovereignty[20] It is not likely that the constant clash between the exercise of Universal Jurisdiction and the violation or the alleged violation of the sovereignty of a state would come to an end in the nearest future. This is attributable to the political element in the definition of the crimes over which Universal Jurisdiction can be assumed; that is the fact that most crimes against humanity and war crimes are most times not committed independent of the state and its agencies, rather they are sometimes committed by state officials with the aid of state agencies. The principle of Universal Jurisdiction has no inherent principles which can tackle the clash between assumption of jurisdiction on this basis and the sovereignty of a state. CLASH BETWEEN THE EXERCISE OF JURISDICTION AND IMMUNITY It is a principle of Customary International Law that State officials are immune from the jurisdiction of foreign courts in certain instances.[21] The immunity enjoyed could be as a result of the position occupied; this is Immunity ratione personae or it could be enjoyed as a result of the official acts carried out in furtherance of the office occupied; this is immunity ratione materiae.[22] The challenge that the issue of sovereign immunity poses is a multi-faceted one. This challenge raises quite a number of questions. What exactly is the law on the immunity of sovereigns of states, both current and past and what is the extent of the immunity in relation to the acts of the sovereign? What acts of the sovereign are covered by immunity? This difficulty arises primarily because the position of International law on the immunity of Sovereigns of States or Heads of States remains unclear.[23] Indeed the authors of the article The Future of Former Head of State Immunity after ex parte Pinochet[24] borrowed the words of other authors to describe the position of International Law on the immunity of Heads of States as lacking coherence[25], problematic and ambiguous[26] and in Re Doe[27] the United States Court of Appeal described it as been in an amorphous and Undeveloped state. This issue came up for consideration In the Arrest Warrant Case[28]; Congos contention was that ÂÂ  the non-recognition, on the basis of Article 5 of the Belgian Law, of the immunity of a Minister for Foreign Affairs in office constituted a [v]iolation of the diplomatic immunity of the Minister for Foreign Affairs of a sovereign State, as recognized by the jurisprudence of the Court and following from Article 41, paragraph 2, of the Vienna Convention of 18 April 1961 on Diplomatic Relations[29] The court came to the decision that a Minister of Foreign Affairs enjoyed Immunity which was inviolable for as long he remained in office. I will reproduce a portion of the Courts decision as this sheds some light on the position of International Law on the Immunity of Sovereigns; The Court has carefully examined State practice, including national legislation and those few decisions of national higher courts such as the House of Lords or the French Court of Cassation. It has been unable to deduce from this practice that there exists under Customary International law any form of exception to the rule according immunity from criminal Jurisdiction and inviolability to incumbent Ministers for Foreign Affairs, where they are suspected of havingÂÂ   committed war crimes or crimes against humanity. Jurisdictional immunity may well bar prosecution for a certain period or for certain offences; it cannot exonerate the person to whom it applies from all criminal responsibility[30] What this translates to is the fact that there may be times when a National Court could have jurisdiction to try a person subject to immunity, however, it might be impossible to exercise jurisdiction because of the immunity that such a person enjoys; the risk in this is that it could lead to impunity, even though this is a situation the Law seems to want to avoid or it could just lead to a situation of delayed justice. In senator Pinochets case,[31] the House of Lords held that Pinochet, a former Head of State of Chile was not entitled to immunity for torture, as torture was not an official act carried out in furtherance of his official duties. The position of International Law on the Immunity of High level officials of states remains uncertain, and there is no uniformity in state practice in recent years which can help in ascertaining the position of International law in this regard. In November 2007, France dismissed a complaint filed against Former secretary of Defence of the United States and the reason for the dismissal wasÂÂ   given by the prosecutor, Jean Claude Marin, he stated in an open letter that according to rules of customary international law established by the International Court of Justice, immunity from criminal jurisdiction for Heads of State and Government and Ministers of Foreign Affairs continues to apply after termination of their functions, for acts carried out during their time of office and hence, as former Secretary of Defense, Mr. Rumsfeld, by extension should benefit from this same immunity for acts carried out in the exercise of his functions.[32] There was an outcry against the position of France, particularly because the Prosecutor, Jean Claude Marin had some years earlier personally signed an order calling for General Pinochet to appear before the Paris Court of Appeal. Human Rights organisations felt he should have known better. The Human Rights Organisation also felt greatly disappointed that the dismissal of the complaint was largely due to the position taken by the French Foreign Ministry which is headed by Bernard Kouchner, a fellow who had distinguished himself in the fields of Human Rights. This goes to illustrate the inconsistency in state practices when it comes to the issue of exercising Universal Jurisdiction and the Immunity of State officials. Perhaps one logical explanation for this inconsistency might not be unrelated to the need to preserve good relations between states. THE ALLEGATION OF BIAS Selective approach in the prosecution of International Crimes on the basis of Universal Jurisdiction has posed a great challenge to the Universal Jurisdiction regime. The outcry against the selective approach of some states in the prosecution of crimes using Universal Jurisdiction has been loudest in Africa, where African leaders allege that they have been the primary target of Western Countries. This allegation of bias is not without any merit, neither is it entirely true. Ian Brownlie has been quoted by Zemach as stating that [p]olitical considerations, power, and patronage will continue to determine who is to be tried for international crimes and who not.[33] Dr. Oner captured an aspect of this problem aptly when he stated that: Universal jurisdiction gives powerful nations a means of politically influencing less powerful ones. Indeed, thus far, weak countries with little to no political leverage have not exercised universal jurisdiction over powerful people from powerful countries through their courts.[34] It is important that states have faith in the exercise of Universal Jurisdiction by any state that chooses to prosecute using Universal Jurisdiction. There should be transparency and good faith when arriving at the decision to prosecute; and this should as clearly as possible be seen by all to be fair. POLITICAL PRESSURE AND INTERNATIONAL RELATIONS IMPLICATIONS Nations usually want to maintain good relations with their allies; however, the exercise of Universal Jurisdiction could pose a threat to this. In order to maintain good relations with other states, a state may give in to political pressure which would in turn affect its exercise of Universal Jurisdiction. The case of Belgium and Spain illustrate this. Belgiums Universal Jurisdiction laws were so broad that anybody could be tried by Belgium courts without having any link at all to Belgium The American society of International Law Commenting on the Belgian law stated that: The Belgian law was widely recognized as the most far-reaching example of a state exercising universal jurisdiction. During the first decade of the laws existence, some thirty legal complaints were filed against a variety of government officials worldwide, including against Rwandans for genocide, General Augusto Pinochet of Chile, Cuban President Fidel Castro, Iraqi President Saddam Hussein, Palestinian leader Yasser Arafat, and Israeli Prime Minister Ariel Sharon[35] The United States uncomfortable with the possibility that its officials could be victims of Belgiums law threatened and coerced Belgium until Belgium finally amended its laws in August 2003, thus finally removing the Absoluteness from the Universal Jurisdiction law of Belgium. ÂÂ  U.S. Secretary of Defence Donald Rumsfeld stated authoritatively at the time: Belgium needs to realize that there are consequences to its actions. This law calls into serious question whether NATO can continue to hold meetings in Belgium and whether senior U.S. officials, military and civilian, will be able to continue to visit international organizations in Belgium Certainly until this matter is resolved we will have to oppose any further spending for construction for a new NATO headquarters here in Brussels until we know with certainty that Belgium intends to be a hospitable place for NATO to conduct its business.[36] The new Belgian Law now requires a link with Belgium for the Belgian courts to be able to exercise jurisdiction. All pending cases in Belgium against U.S Officials were dismissed in September 2003 because of Belgiums new law. When Belgium ruled that Israels Prime Minister Ariel Sharon could stand trial for War crimes under its Universal Jurisdiction laws, but only after he leaves office, Israeli public television quoted an unnamed official as calling the court decision scandalous and warning that it threatened to open a serious crisis between the two countries.[37] And Israel in protest was reported to have recalled its Ambassador to Belgium for consultation The case of Spain is quite similar to the Belgium experience. After Spain gave in to pressure from Israel, the United States and China, Spain amended its Universal Jurisdiction law; the new law now requires a link to Spain before Spanish Courts can assume jurisdiction.[38] Clearly political considerations and interactions between states pose a problem to the exercise of Universal jurisdiction. DIFFCULTY OF OBTAINING EVIDENCE AND WITNESSES Stewart is also of the opinion that In some measure, the lack of actual prosecutions based on universality must result from practical difficulties in obtaining evidence and witnesses regarding crimes committed in other countries.[39] Most International Crimes are usually prosecuted many years after the offences have been committed. The chances of gathering quality evidence with the passage of time reduces, when that is added to the long distance and legal difficulties that it might entail, it becomes even more difficult to obtain evidence. Language barrier could also further compound this problem. Where it is difficult or impossible to obtain evidence it might be difficult to proceed with prosecution on the basis of Universal Jurisdiction. COMPETING JURSIDCITION It is always the case most times, if not always that where jurisdiction is asserted on the basis of Universality, jurisdiction could also be asserted on other bases. Where more than one state decides to assert jurisdiction, whether on the basis of Universality or other principles, it might pose a problem, especially when extradition is requested by the competing states. To reduce the conflict that this situation may create, it is usually best that in the prosecution of International crimes, exercise of jurisdiction on the basis of Universal Jurisdiction should be the last resort, states with stronger connections to the crime should first be given opportunity to prosecute the crime, where they fail to or where they are unable to do so, then a state with no connection or a weaker connection can then prosecute on the basis of Universal Jurisdiction. COST One of the problems associated with the exercise of Universal jurisdiction is cost. A state expends its resources in prosecuting crimes, when the prosecution of crimes serves the states interests, there would be no problem with it but where it serves no practical purpose that is when the difficulty arises. The argument and view held in some quarters, that a nation that prosecutes a crime that does not threaten it in any way and which it has no interest in prosecuting stands to gain nothing from it, rather, it expends its resources and the benefits of prosecuting the crime is enjoyed by other states is one problem that militates against the exercise of Universal Jurisdiction. Kontorovich stated that ÂÂ  A nation exercising Universal Jurisdiction expends scarce resources to punish crimes that have not injured it; thus it bears all the costs of enforcement while the benefits are enjoyed primarily by other nations. Rational choice models of state behaviour suggest that nations will generally not undertake such activities.[40] David Stewart also opined that Depending on the facts, prosecutors and ministries of justice may have little enthusiasm for devoting time, money, and resources to prosecutions having little enough to do with their own countries, citizens, and direct national interests.[41] Kontorovichs position is actually a true reflection of what is currently going on at the international scene, nations decline to prosecute or even investigate where their interests are not affected, and this runs contrary to the principle of Universal Jurisdiction. One of the underlying principles governing Universal Jurisdiction is that crimes such as torture, genocide, crimes against humanity and war crimes are so serious that they harm not just a particular state but the international community and should therefore be prosecuted by all states.[42] Kontorovich opines more articulately that many of the crimes subject to the universality principle are so heinous in scope and degree that they offend the interest of all humanity, and any state may, as humanitys agent, punish the offender. . . [43] DOMESTIC LEGISLATION AND STATE POLICIES It is not sufficient that International Law establishes an obligation to prosecute on the basis of Universal Jurisdiction. There must exist national legislation which authorises the courts of a state to assert jurisdiction, where this is absent, a court might not be able to assert Universal Jurisdiction. Senegal had to enact a law vesting jurisdiction in its courts before it could prosecute Hissene Habre, former Chad president. State practice is limiting the scope and use of Universal Jurisdiction. [44] Universal Jurisdiction can only be used to the extent that a states mun

The Main Themes of Journeys End Essay -- Journeys End R.C. Sherriff

The Main Themes of Journey's End Sheriff showed a lot of themes in this book, which made it very effective. The main themes were: Heroism, The reality of war Grief/mourning Irony of the play Cowardice/fear Hopelessness of war The cross section of types of people/officers The coping of the pressure of war. Duty In heroism, in this text, we clearly see that Raleigh tries to be a hero but fails. Raleigh (excitedly): "I say Stanhope's told me about the raid". This suggests that Raleigh had a set picture of war (go and kill the enemy and be a hero), but he didn't know the reality of it (death). In the text, we see a quiet hero shown in Osborne. Osborne: "my names Osborne. Second in command of the company. You can call me 'sir' in front of the men". This suggests that Osborne went day in and day out for his country and did his duty, even though he knew he was going to die for a hopeless cause. He was also very level headed, and was referred by everyone by 'uncle', so he made a great hero. In the text, we see that Stanhope is nearly everyone's hero (Raleigh's the most). Raleigh: he was skipper of rugger at Barford, and kept wicket for the eleven". This suggests to us that he was a born leader, as he led school teams, making him a great leader and is also admired by a lot of his collies, as he is very committed to his job. In the reality of war, in the text, we see from Raleigh it is very quiet. Raleigh: "I've never known anything so quiet". This suggests Raleigh is very inexperienced, and he is learning the reality of war in this aspect. In the text, we see that the expectations of Raleigh about the war are very different. Raleigh: "it seemed so frightfully quiet and uncanny... ...o cope; this must be very effective that's why he's coped so long with the war. In the theme of the coping of the pressure of war, each person has his own way of coping with this pressure, some pretend life at war is like life at home. In Duty, we see Osborne not complain about the raid. Osborne: Oh (pause) Why Raleigh"? This shows us that Osborne is ready to die for his country, and doesn't try to find a way out. This also shows he's very honorable to his country as he's been in the war long, always doing his duty. In the text, we see Hibbert try to waste time. Stanhope: you're just wasting time as much as you can". This shows Hibbert is not bothered to do his duty; he'd rather die not being a coward, than going out there and dieing for your country. In conclusion, all the themes above where used to great effect in this play, by R.C Sherriff.

Smoking Cigarettes :: Argumentative Persuasive Example Essays

Cigarette smoking has been identified as the most important source of preventable morbidity and premature mortality worldwide. Smoking-related diseases claim an estimated 440,000 American lives each year, including those affected indirectly, such as babies born prematurely due to prenatal maternal smoking and victims of "secondhand" exposure to tobacco's carcinogens. Smoking costs the United States over $150 billion each year in health-care costs including $81.9 billion in mortality-related productivity loses and $75.5 billion in excess medical expenditures. In the United States, an estimated 25.6 million men and 22.6 million women are smokers. These people are at higher risk of heart attack and stroke. The latest estimates for persons age 18 and older show: Among whites, 25.1 percent of men and 21.7 percent of women smoke. Among black or African Americans, 27.6 percent of men and 18.0 percent of women smoke. Among Hispanics/Latinos, 23.2 percent of men and 12.5 percent of women smoke. Among Asians, 21.3 percent of men and 6.9 percent of women smoke. Studies show that smoking prevalence is higher among those with 9-11 years of education (35.4 percent) compared with those with more than 16 years of education (11.6 percent). It's highest among persons living below the poverty level (33.3 percent). Tobacco started growing in the Americas in 6000 BC. 100 BC, people started using tobacco leaves for smoking and chewing. Now it has grown in a nasty, hard to break habit. The first paper rolled cigarette was made in 1832. It is widely believed that Egyptians soldiers were the first to make this, now famous past-time. Other historians suggest that Russians and Turks learned about cigarettes from the French, who in turn may have learned about smoking from the Spanish. It is thought that paupers in Seville were making a form of cigarette, known as ‘papelette’, from the butts of discarded cigars and papers as early as the 17th century. In 1856, the first cigarette factory opened. It was in Walworth, England, and owned by Robert Golag, a veteran of the Crimean War. Four decades later, fears about the effects of cigarette smoking aroused in The Lancet. During World War I, smoking became hugely popular with soldiers in battlefields of northern Europe and cigarettes became known as ‘soldier’s smoke’. In 1964, the United States Surgeon General Luther Terry announced that smoking caused lung cancer. Shortly after, in 1965, the Federal Cigarette Labeling and Advertising Act required US Surgeon General’s warning’s on cigarette packs.

Mitosis Is a Process of Cell Duplication, or Reproduction

Mitosis is a process of cell duplication, or reproduction, where one during this process gives growth to two identical daughter cells; however, there is no crossing over. Mitosis is asexual and has 1 division of the nucleus in cytokinesis (Simon, Reece, & Dickey, 2010). Meiosis is the splitting up of germ cells, with each possessing half the number of & Dickey, 2010). Meiosis is sexual and has 2 nuclear and cytoplasmic divisions. However, one must remember they both are preceded by Interphase. Meiosis produces haploid, diploid, and gametes cells.The gamete cells are known as sex cells that occur in the reproductive organs, and meiosis has sex cells whereas mitosis does not (Simon, Reece, & Dickey, 2010). The diploid cells split up to form four haploids (form of cell division that most eukaryotic cells undergo), however, only half of the chromosomes are the parent cells and occurs in all organisms that have sex cells (Simon, Reece, & Dickey, 2010). Ex: humans, animals, most fungi, and plants. Mitosis is the form of cell division that most eukaryotic cells undergo. Related reading: Why is Pinching of the Cytoplasm Inadequate for Cytokinesis in Plant CellsIn humans, all somatic (non-sex) cells use mitosis to divide. This does occur in all organisms and can make everything other than sex cells. This involves two cell divisions called meiotic divisions (meiosis I and meiosis II). In mitosis cells are usually created by normal cell division and where one organism or cell reproduces itself. It is then that normal cell divisions are used by multicellular organisms for reproduction, and in multicellular organisms for growth, maintenance, and repair (Simon, Reece, & Dickey, 2010). Ex: skin repair, replace damaged cells, asexual reproduction) In mitosis multicellular organisms is used to reproduce asexually (Simon, Reece, & Dickey, 2010). Ex: When one clips a piece of a house plant, one can watch as the plant starts to grow from the cells that have been reproduced. Meiosis process is used when one organism or cells reproduces by crossing with another or ganism or cell (Simon, Reece, & Dickey, 2010).In multicellular organisms, the step between the diploid and haploid transition the organism grow, and use diploid stem cells to undergo meiosis and create haploid gametes; it is then they become fertilized (ovum and sperm) to form the zygote (earliest developmental stage of the embryo and where it begins to divide to produce offspring) (Simon, Reece, & Dickey, 2010). In mitosis sister chromatids separate during anaphase stage where they become daughter cells of mitosis, and become 2n cells which equals 4; therefore, they equal four haploid cells in each daughter cell (Simon, Reece, & Dickey, 2010).At the end of the anaphase stage the daughter cells are genetically identical to the parent’s cell with the result providing growth, tissue repair, and asexual reproduction (Simon, Reece, & Dickey, 2010). In meiosis I, during anaphase I the homologous separate and the sister chromatids remain together and end with two haploid cells (Sim on, Reece, & Dickey, 2010). However, each chromosome still have two sister chromosomes, N equals 2 haploid cells; therefore, they equal two haploid cells in each daughter cell with the end resulting is sexual reproduction (Simon, Reece, & Dickey, 2010).Meiosis II, anaphase II the sister chromatids separate, however, if chromosomes fail to separate (nondisjunction) at anaphase the cells can become abnormal resulting in different disorders such as downs syndrome or one can miscarry (Simon, Reece, & Dickey, 2010). Meiosis involves the production of gametes (as egg and sperm), without meiosis the reproduction of life form would stop, and organisms would not be able to reproduce. If mitosis didn't occur organisms would die.This is why cells undergo cellular respiration; this is needed for one to breathe. Gametes are needed for sexual reproduction, with these cells live would no longer exist. Organisms need mitosis in order to grow or replace damaged cells (skin) without this process orga nism would not have this potential. Mitosis and Meiosis are both important processes, without these processes growth and creation would not be possible. These two processes are responsible for the growth of new organisms, growth of existing organisms, and the circle of life.