The Evolution of the Giraffe Neck Essay - 1154 Words

The Evolution of the Giraffe Neck Throughout time, one theory has remained constant in terms of why giraffes developed longer necks. The idea, which was presented by Charles Darwin states quite simply that giraffes selected for longer necks in order to reach the food that was higher off the ground during the dry season. No one has ever challenged that idea until 1996. Initially, Gould argued that the story-the giraffe evolved its long neck in competition to reach scare foliage-is supported by no evidence (18). Thats when two scientists, Robert Simmons and Lou Scheepers made the claim that necks evolved for a very different reason: sexual selection. Within this paper, information will be presented that argues both for and against†¦show more content†¦If food was scarce, it makes sense that the giraffes would evolve to keep their species alive. In order for this theory to remain true, there should be length increases in limbs in the same proportion as to the increases in their heads and necks. On the ot her hand, the proposed theory deals with the notion that the length of the giraffe neck increased because the neck is used as a weapon during intrasexual combat (Simmons 773). The basic idea of this is that during competition two males stand next to each other and exchange hits by using their necks. The top or back of the skull is actually used to knock the competitor to the ground. It is likely that with a larger neck and head, the giraffe is more destructive. It is also assumed that larger and longer necks would be selected for. The process of necking is unique to giraffes and only male giraffes have ever been viewed doing this. Therefore, it is likely that this action is related to sexual selection. Necking has been observed to be very effective for giraffes to obtain their mates. Often the males are knocked unconscious or even killed during the fighting. The violent nature of these fights is unbelievable. Even when an opponent may be knocked to the ground, that does not stop the fight. They may still be kicked or stepped which can eventually lead to death. Sexual selection is a special form of natural selection that is responsible for the evolution of traits that promoteShow MoreRelatedThe Theories Of Evolution Of The Human Population1045 Words   |  5 PagesThe Theories of Evolution The human population has always wondered where they came from, or how they came to be. Why do they have certain characteristics that distinguish them from other species, or how did they acquire these characteristics? Why do they have similar traits to other species? There are many questions about the existence of the human population that they would love to have the answer to. Unfortunately, there is not an answer that is a proven fact. Luckily, there are theories thatRead MoreScientific Theories Aligning with Evolution721 Words   |  3 PagesAfter analysing relevant diagrams and information explaining the process of evolution it will be evident of which scientists’ evolutionary theory best aligns with the evolution of the chosen species.Living organisms are believed to have developed from earlier forms throughout history as a result of Evolution (oxforddictionaries,2014). The species to be further researched on is the Giraffe. ‘Darwinism’ and ‘Lamarckis m’ are the two main theories focused on throughout the analysis, both will be investigatedRead MoreAnatomy of a Giraffe1024 Words   |  5 Pagesï » ¿Anatomy of a Giraffe BIO/101 06/19/2012 Audrey Stevenson Ref. Mammal Anatomy 2010 Marshall Cavendish Corporation The Giraffe is perhaps one of the most iconic species of Africa and to the mysteries and intrigue that lie within the confines of evolution. The purpose of this paper is to explain how this wonderful, iconic organism has evolved physiologically to be suited to its’ environment. In this paper we will be discussing the elements that best describe its’ evolutionary progress. TheRead MoreThe Evolution of Evolution1188 Words   |  5 Pagescreation of humanity have rapidly changed since the discovery of evolution. Nevertheless, there was a time before the world did not know the theory of evolution and the theories demonstrated by Sir Charles Darwin. Before the evolution, there were people who were subjected to religious ideologies of how mankind was created, they believed that the upper class was known to be â€Å"divine creatures†. However, the introduction of evolution leads the theory to be the base of biology and changes the minds ofRead MoreEvolution and Cha rles Darwin Essay705 Words   |  3 PagesCharles Robert Darwin has had the greatest influence on the world by proving the evolution of living things. Charles Darwin had first noticed the similarities of plants and animals when he took a five-year cruise on the H.M.S. Beagle, which was available to him through a friend from school. During the cruise Charles Darwin started becoming interested with the similarities between the plants and animals that were similar on different islands with similar climates, so he decided to study them moreRead MoreGiraffes1223 Words   |  5 Pagesmy essay about the giraffe? I chose to write my essay about the giraffe because this mammal has been my favorite animal since the third grade. My science teacher had us do a project about an animal. I did mine on the giraffe and working on that project I became more fascinated by the giraffe as I was working on the project. It made me just wanted to know more. This is why I chose to write my essay about the giraffe. I already knew a little bit of information about the giraffe. I knew that when babyRead MoreCharles Darwin And Jean Baptiste Lamarck, Beliefs Opinions And Theories Of Evolution1341 Words   |  6 PagesTheory of evolution â€Å"Evolution can be defined as any change in the heritable traits within a population across generations†. (what is evolution, stated clearly YouTube, 2016). Every living creature can reproduce making another copy of themselves with small variations. The variation can consist of characteristics Like the passing down of fur colour in mice or the development of the length in cane toad’s legs. When these changes occur to their offspring’s, evolution has taken place. WhilstRead MoreCharles Darwins Theory of Evolution by Natural Selection Essay1027 Words   |  5 Pages Darwin is considered by other people as the creator of Evolution. Darwin was not the only man to arrive at the theory of evolution. Darwin came to his theory of evolution at the same time as an another man who goes by the name of Alfred Russell Wallace came to the same conclusion. Wallace being relatively unknown was not respected for having the same conclusion because the fact th at people were so apt to listen to the theory’s of Charles Darwin. After time Darwin published a book On the OriginRead MoreAnalysis Of The Book Red Mars 1087 Words   |  5 PagesFrancis Fata Science Fiction Red Mars Essay Where to begin? In the beginning of the book Red Mars, the character Arkady states that â€Å"History is not evolution! It is a false analogy! Evolution is a matter of environment and chance, acting over millions of years. But history is a matter of environment and choice, acting within lifetimes, and sometimes within years, or months, or days! History is Lamarckian! † (Robinson 88). Arkady is stating that we choose our own history. Over the course of theRead MoreThe History of Earth through the Process of Evolution691 Words   |  3 PagesEvolution is the process by which the majority of different kinds of living organisms are presumed to have developed and differentiated from earlier forms during the history of the earth. It is described as a variation of an organism to allow it to adapt to a new surrounding. The change is often very significant that a new species is formed (Scott,2014). As scientists engrossed in the theory of evolution, speculations about animals started to get involved. Camels are seemingly obvious examples that

History Of The Holocaust Midterm Essays - 1580 Words

Trudy Morse 10/15/2017 JST3701 Professor Julia Phillips-Berger History of the Holocaust Midterm Essays 1) Antisemitism, the hatred for the Jewish people, has been called the longest hatred in history. This history is deep rooted and has existed for thousands of years, taking different forms throughout its existence, and intensifying up until and through the Holocaust, to then diminish to an extent but still be prevalent in most societies. Antisemitism exists in different forms, religious, ethnic, and political. The presence of Christianity as the predominant religion in Europe can be noted as a driving factor in religious and ethnic antisemitism, as can the Holocaust. Whereas instances such as the Islamic view on Judaism can be†¦show more content†¦According to the text of the Old Testament, Jewish authorities treated Jesus and his followers with hostility. Many Christians to this day, even though it has been proven not to be true, believe that Jesus’ crucifixion was a direct result of the Jewish people. Christian antisemitism was born from a misconception by Jesusâ⠂¬â„¢ followers that was then eternalized by being written in their bible. Christian antisemitism would continue onward through the Crusades in which the persecution of the Jewish people reached an all-time high in Europe, where communities were destroyed, Jewish people were killed, and others were expelled from their lands. Many stereotypes for Jewish people arose from this period because they were restricted to specific â€Å"inferior† occupations by the Christian authorities such as tax collectors and moneylenders. This early on compulsory requirement to wear a yellow star began in certain parts of Europe. Racial antisemitism was born in the Nineteenth Century when laws were passed in many European countries posing the Jewish people as second-class citizens, not receiving the same rights as others in society. While they had reached a level of religious emancipation in some countries, Judaism had become recognized as an ethnicity as well, and this ethnic difference from the Aryans therefore made them â€Å"inferior.† Pogroms began across Eastern Europe in the late 1800’s which resulted inShow MoreRelatedThe Conflict Between Arabs And Jews1788 Words   |  8 Pages 1967: War in the Middle East Jose Manuel Santoyo Midterm Research Assignment History 3390 Sabri Ates The 1967 war, also known as the six day war, was a continuation of the conflict between the Arabs and Jews. This war is significant because it helped reshape the political landscape of the region, and the reconfiguring of the Israeli borders due to the occupation by Israel after they defeated the Arab states in six days. The war also established Israel as a superpower in the middle

Islam vs Buddism free essay sample

When presented with a question of terminology, many people will refer to a dictionary. But some people actually think about what a word means, how it was created, its origins and what it means in today world. This essay will explain the meanings of Buddhism and Islam, as well as the origin of the religions. In a small country south of Nepal, Siddhartha Gautama was born sometime between 566 BC and 553 BC. It is said that the child was born fully awake and could speak. He told his mother, Mahamaya, he had â€Å"come to free all mankind from suffering (Boeree). Siddhartha could also stand and walk small distances, and lotus blossoms bloomed wherever he stepped. His mother died seven days after his birth. Upon this event, King Shuddodana consulted a sooth-sayer, Asita, to read his sons future. Asita told the king that Siddhartha would be one of two things: he could become a great sage and savior of humanity or a great king, perhaps even an emperor (Life of Buddha). Shuddodana was determined to have his first son become king so he set out to protect the child from anything that might lead to him taking the religious pathway. Siddhartha was contained in one of three palaces to prevent him from Feeney 2 experiencing the â€Å"commonplace. † He was not allowed to see the elderly, sick or dead. Only beauty and health surrounded Siddhartha (Silva-Vigier). Siddhartha grew up a strong and handsome man. As a prince of warrior caste, he trained in the arts of war. The king arranged for three palaces to be filled with 4000 girls each. Siddhartha was to choose a girl from the palaces but none of these pleased him. He found here at the end of the ceremony, she had refused to go to receive her gift. Siddhartha was appreciative of her selflessness and immediately fell in love with her. He won the hand of the beautiful princess from a neighboring kingdom by beating all other competitors at a variety of games. They married when Siddhartha and the princess were sixteen (Life of Buddha). Buddhist texts described her as a simple cow girl, but then cows were a sacred symbol in the time (Silva-Vigier). As time wore on, Siddhartha became curious of the outside world. He was sick of the confinement of palace life and demanded the right to see his people and lands. Finally at the age of twenty-nine, Siddhartha was granted the privilege of leaving the palace. Within a day of leaving, Siddhartha came upon a sick man, an old man and saw a man die. He did not understand how all this could happen in his peaceful sheltered world. He did not like what he saw and returned to the palace within a week of leaving (Life of Buddha). Siddhartha was deeply troubled by what he saw and from that moment forward he decided to make it his life mission to put an end to all suffering. He chose the path Feeney 3 that his father had worked so hard to prevent. It was during his travels that Buddhism was created. Buddhism is a major international religion that is built off of â€Å"The Four Noble Truths. † The Four Noble Truths were the essence of Buddha’s teachings and are the basis of the Buddhist religion. They are the truth of suffering, the truth of the cause of suffering, the truth of the end of suffering and the truth of the path that leads to the end of suffering. More simply put, suffering exists; it has a cause; it has an end; and it has a cause to bring about an end (Eden). In Buddhism, desire and ignorance lie at the roots of suffering. By desire, Buddhists refer to craving pleasure, material goods and immortality, all of which are wants that can never be satisfied. All a result, desiring them can only bring suffering (Life of Buddha). Another Buddhist belief is Karma. Karma refers to the bad and good actions that a person may do in their life. Bad actions, such as stealing, lying or killing, bring about unhappiness, while good actions, such as generosity, meditation or righteousness bring happiness. There is also neutral karma, which comes from breathing, sleeping, and eating. Neutral karma has no advantages or disadvantages (Eden). The final Buddhist belief is life after death also known as the cycle of birth. There are six separate planes into which any living being can be reborn, three fortunate realms and three unfortunate realms. Those with positive karma enter the fortunate realms of the gods, demigods, or men. Those with negative karma enter the unfortunate Feeney 4 realms of animals, ghosts and hell. The ultimate goal is the reach Nirvana, or spiritual bliss (Eden). In the then small town of Mecca, around 570, the prophet of Islam, Muhammad was born. He struggled through his whole childhood, and was orphaned at the age of six. His uncle, Abu Talib, took him and taught him the merchant trade. By the time he was sixteen he was known for his craftsmanship and trustworthiness. At the age of twenty-five, he married Khadija. Khadija was an extremely wealthy widow, whose status elevated Muhammad’s position in Meccan society. Muhammad and Khadija had two sons and four daughters. Both sons died in infancy (Islam: Empire in Faith). After begin married for twenty years, Muhammad began to hear mysterious voices and have visions. He sought solitude in a cave on Mount Hira, found on the outskirts of Mecca. One night during Ramaden, the traditional month of spiritual retreat, an angel appeared to him in the form of a man and order him to: â€Å"Recite in the name of thy lord who created , Created man from a clot, Recite in the name of thy lord, Who taught by the pen, Taught man what he knew not (Bril). † Muhammad feared that he was being attacked by an evil spirit and fled. The voice called to him, â€Å"Oh, Muhammad, you are the messenger of God, and I am the angel of Gabriel. † The angel told Muhammad of the â€Å"One True God,† and told him to proclaim that God’s messages (Islam: Empire of Faith). Feeney 5 After a few years Muhammad began to attract followers, many were young and looking for change. The followers were of mostly modest social standing. Muhammad began to impugn the traditional polytheism of his native town and the rich and powerful merchants of Mecca saw the religious revolution unfold before them. They realized it could be bad for business, which was believed to be protected by the Meccan pantheon of gods and goddesses. The elites of Mecca ganged up on the rising religious leader, and Muhammad realized that Mecca was a lost cause, and left (Bril). Muhammad moved from town to town spreading his knowledge of the â€Å"One True God,† until he was asked to negotiate a truce between the new community of Medina and the rich and thriving community of Mecca. Upon finding a truce, Muhammad returned to Mecca, to attempt to teach his religion. The murder of one of his followers set Muhammad over the edge. He attacked the city until they final surrendered. Muhammad was merciful with the Meccans, demanding only that the pagan idols around the Kaaba be destroyed (Islam: Empire of Faith).

Principle of International Law

Whether the Court can exercise jurisdiction in the case The ICJ can exercise jurisdiction in this case. The Court has a double jurisdiction. The Court acts on disputes that various States submit to it (contested cases) and cases that the UN authorised bodies and agencies may refer for legal opinions.Advertising We will write a custom critical writing sample on Principle of International Law specifically for you for only $16.05 $11/page Learn More The Court shall consider the case under Article 38 of the Statute â€Å"in accordance with international law† and apply sources of law based on the international convention, international customs, the general principles of law as civilised nations recognise them, and provisions under Article 59.1 Territorial claim between Neganda and Kantara falls within these four areas. The States may accept the compulsory jurisdiction of the ICJ. The ICJ has dealt with a number of territorial jurisprudence. However, th e nature of these cases varies. Therefore, it is almost impossible to prioritise and categorise what factors the Court uses to provide decisions. This tendency makes the ICJ unattractive place for territorial cases. Taylor Sumner examined territorial disputes at the ICJ and concluded that there were nine areas relevant to adjudicating territorial claims: â€Å"treaty law, geography, economy, culture, effective control, history, uti possidetis juris (â€Å"to whom possesses by law†), â€Å"elitism†, and ideology†.2 In addition, Sumner established that the ICJ mainly bases its decisions on â€Å"treaty law, uti possidetis, and effective control† (Sumner 2004). The ICJ statute provisions also note that the Court â€Å"shall not prejudice the power of the Court to decide in cases ex aequo et bono (based on equity and welfare), if the parties agree thereto†.3 However, the Court shall act on this case because the decision on a legal ground is not possibl e and concentrate on equities. However, the ICJ has not based all cases on equitable principles. We must note that the ICJ may consider equitable principles infra legem (under law). This shall enable the Court’s interpretation and application of the law to consider both facts and conditions surrounding Kantara and Neganda case. The principles of law that will be applicable to the substance of the territorial dispute between Kantara and Neganda Treaty law Treaties bind parties under international law, irrespective of their formal designation. Treaties are only relevant in cases where bodies with a treaty-making capacity participate. This is the case of Kantara and Neganda. These states have a treaty-making capacity.Advertising Looking for critical writing on international relations? Let's see if we can help you! Get your first paper with 15% OFF Learn More These states are also parties to the Central African Treaty of Friendship and Non-Alignment. This treaty mea ns that states can formulate obligations and rights which international law can enforce. The Vienna Convention 1969 recognises written treaties. However, the absence of writing does not mean such agreements are not enforceable under international law. The Convention is not clear on when an international agreement falls under treaty. However, the instrument must have some solemnity and gravity. The Court can consider past cases to make a decision on Neganda and Kantara territorial dispute. For instance, in the case of a territorial dispute between Libya and Chad, the ICJ considered the treaty of 1955 on Friendship and Good Neighbourliness. These parties had to interpret the Treaty of Friendship and Good Neighbourliness in a good faith and apply an ordinary meaning to it. In this case, the Court must establish the provision of the Central African Treaty of Friendship and Non-Alignment and base its decision of such provisions. This is because the treaty may have annexes that clarify th e boundary under agreements. This may settle the issue and disregard arrangement between Kantara and Russia. In another similar case of Belgium and Netherlands, both parties claimed territorial enclaves that crossed the established borders. The Court based its decision on effective control and treaties. The Court argued that the Dutch side did not undermine bases of sovereignty by limited control over an enclave. In this case, from the British point of view, the area of the land ‘attached’ to Kantara came under the administration of Kantara. Based on administrative effective control Kantara has maintained over the island, the Court may award the enclave to Kantara. The Court must also consider the Kantaran declaration accepting the Court’s compulsory jurisdiction, dated 10 May, 1970 and the Negandan declaration of 1 April, 1976, excluded from the jurisdiction of the Court and their relevant contents. It must also note that these declarations do not have any condi tion of reciprocity.Advertising We will write a custom critical writing sample on Principle of International Law specifically for you for only $16.05 $11/page Learn More Uti possidetis This principle of international law claims that a territory shall remain with the party who possess it after conflict, unless a treaty may define otherwise. A treaty may have conditions regarding possession of a territory. However, in the absence of such provisions, uti possidetis prevails. In this case, Kantara has possessed the enclave ever since colonial periods. The principle was useful in the issue of Kosovo. However, the Court should consider the political reasons behind uti possidetis provisions in border disputes. For instance, the British colonialists used the enclave for their administrative purposes in Kantara. The Court may base its decision on utis possidetis juri to grant Kantara the enclave. This shall reflect the former colonial boundaries and administrati ve positions. However, we have to note that not all rulings of the case may favour the principle of utis possidetis juri. For instance, in the case of a territorial dispute between Mali and Burkina Faso, the Court defined uti possidetis juri as â€Å"a principle that transforms former administrative borders created during the colonial period into international frontiers†.4 5This implies that uti possidetis juris acted as a decolonisation tool in order to preserve and protect the independence and stability of new African countries. Based on this argument, the Court may grant the enclave to Neganda. This also means that the Court may departure from the principle of uti possidetis juris. Considering this case, the Court may consider the British administrative boundary as an international frontier. The Court must also note that the principle of uti possidetis juris has changed over time. It now includes issues concerning â€Å"democracy, human rights, the rule of law, and rights of the minority groups† (Hasani 2003). In this regard, the Court must ascertain Neganda claims of ill-treatment of its native in the enclave under administration of Kantara. Effective control (effectività ©s) The principle of effective control has both internal and external aspects. Internally, a State government has the capacity to â€Å"establish and maintain a legal order in the sense of constitutional autonomy whereas externally, the State can act autonomously on the international level without being legally dependent on other states within the international legal order†.6Advertising Looking for critical writing on international relations? Let's see if we can help you! Get your first paper with 15% OFF Learn More The Court may dismiss Kantara claims of administrative control from colonial periods to present and sovereign over the enclave and establish a legal title. If the Court can establish a legal title from the British colonial time, then the matter can end. However, if the Court fails to ascertain effective control, then it can apply utis possidetis based on the colonial boundaries. However, due to changes in the boundary it would be difficult to determine the exact location of the previous boundary. In this case, the Court can decide to divide the disputed enclave in two halves on equitable basis under infra legem. This was the case of Burkina Faso and Mali frontier dispute. History Historically, Kantara has always possessed and exercised administrative control over the area. However, the enclave has an ethnic group from Neganda. The Court may consider the history in this case because of its clarity. Consequently, the Court may grant Kantara the enclave based on evidence of the Kantara ’s long-established and effective control of the enclave since colonial periods. This was the case of France and the UK regarding Channel Islands where the Court granted the UK the islands based on its history.7 The Court must also consider the fact that African leaders insisted on preserving the administrative boundaries which colonialists established. Enver Hasani notes that African countries, which make territorial claims on grounds of history and ethnic entitlements, have lost their claims. However, uti possidetis juris has worked for most African states. These were cases of Somali and Mali. The Court shall also assume that Kantara and Neganda can avoid territorial conflicts by recognising their former colonial administrative boundaries. In this context, it can apply the Article 2(4) of the UN Charter to protect such territories. Explain and critically discuss the following statement ‘It is noted that rather than stating conditions of legality of secession, internat ional law has traditionally acknowledged secession subsequent to a factual state of events which has led to a situation in which the constitutive elements of a State are present’. (Written Statement of the Kingdom of Norway in the Kosovo Advisory Opinion case) The birth of a new state is an important event in the international politics. This is of interest to scholars in international law because a new state shall carve its territory from an existing state in order to declare independence. It also provides opportunities to review the legal ramifications of processes involved in creating a new state under provisions of international law. Thus, the secession of Kosovo and the subsequent verdict of the ICJ on the issue raise issues worth examining under the above statement.8 The independence of Kosovo in 2008 from Serbia raised issues because Serbia did not provide its consent. Thus, there was no coordinated independence as Kosovo took a section of Serbia’s population and territory. These are facts of Kosovo secession. Under international law, an entity has a right to secede when the state it belongs to recognise that and when it also reviews constituents rights to self-determination as was the case of South Sudan. The right to self-determination remains limited based on the principle of territorial integrity of a state. The case of Kosovo is slightly different. From the history of Kosovo, the international community rejected Kosovo’s claims to secession. As a result, Kosovo only had remedial secession as a viable legal option. Remedial secession grounds have disputes on de lege lata (the law as it exists) and de lege ferenda (what the law ought to be). The history of Kosovo also provides reasons for remedial secession. For instance, Milosevic engaged in systematic discrimination of Kosovo Albanians (cultural group of Serbia). There were no possibilities of achieving meaningful and mutual solution through peace. Thus, the abuse of 1990s made the international community recognise the plight of Kosovo Albanians. The Security Council Resolution 1244 of 1999 depicts a rejection for secession. However, this document has resolutions that guarantee Kosovo Albanians the right to self-determination. Over time, states have recognised the independence of Kosovo due to a gradual change of its population that has evolved from a minority to people. This move contradicts the norm of state practice. This is because, in the past, states have based their recognitions of new states on the consent of the parent state to separation. Thus, recognition of Kosovo as an independent state show grounds for remedial secession in legal situations. The US argued that Kosovo was a special case based on its history of abuse, systematic ethnic cleansing, Yugoslavia breakup, and the role of the UN administration. These features were special to Kosovo. As a result, the US recognised Kosovo as an independent state with no precedent for any other condition s.9 Serbia showed concern about Kosovo’s declaration of independence in 2008 and sought the advisory opinion of the ICJ on the legality of Kosovo as a state. The ICJ released its advisory opinion in 2010 that Kosovo’s declaration of independence did not break general principles of international law. The Court based its decision on the UN Security Council Resolution 1244 and the Constitutive Framework. In addition, the Court also considered the unique history of Kosovo under Serbia. Scholars note that premature recognition of Kosovo presented legal challenges before the international law.10 They argue that the case of Kosovo was non-precedential. They also note that even states that recognised Kosovo have clearly refused to create rules governing remedial secession. In the case of Kosovo, secession was the only option for ending oppression of the Kosovo Albanians. This is the basis of the doctrine of remedial secession. However, we can note that the doctrine of remedial secession has a weak legal base and foundation. This explains why Serbia questioned the legality of Kosovo’s independence. It shows that secession is not an entitlement even under oppression. However, when the oppressed minority strives to create their own state, then remedial secession remains the only option with international recognition. Thus, remedial secession depends on recognition from the international community so as to make it legal. Under the UN Charter, remedial secession has grounds through recognitions. This explains why Kosovo’s declaration of independence was legal. However, the case of Kosovo independence sets precedence for review of international law as the doctrine of remedial secession is weak. Kosovo only survived because of a combination of several factors that made it a special case before the international community and the ICJ. Kosovo set a precedent for states or minority groups on how to use remedial secession. The ICJ confirmed Kosovoâ₠¬â„¢s claim for statehood and the issue of legality under international law did not deter it. We can see that remedial secession can establish grounds for minority groups to hold the state accountable for issues under international obligations. By referring to Kosovo as a special and unique case, the international community disregarded the base and theory of remedial secession. It also created irreproachable states. Kosovo’s case is significant in identification of loopholes that exist in international law and legality of secession. The case of Kosovo presented the international community with a suitable chance to clarify issues of remedial secession. These issues should include types of alternatives that parties should exhaust, threshold of abuse considered, the issue of uti possidetis juris, description of cultural groups, claims of the parent state, and effects of the secession. Clarification of these issues can present grounds for the international community to gauge sece ssion and avoid issues of unique and special case. This can show a state of arbitrariness in state secession as the case of Kosovo is similar to secession of Bangladesh from Pakistan. â€Å"International Law is made of a succession of apologetic and utopian moments and arguments.† The above statement is true due to serious weaknesses in the system. In addition, the system of international law is never perfect. These weaknesses may be due to lack of vital formal institutions and systems, lack of certainty, manipulation, and disregard by states. However, there are many chances for reforms and improvements. We can also look at the above statement from the point of view of structure of international law and specific issues that arise during enforcement. To this end, various scholars have given their arguments and theories about international law and its origin.11 Koskenniemi argues that international law lacks legal objectivity at all. This is a deconstructive approach to explain ing international law. Such theorists argue that states can use international law to criticise or justify international behaviours on a rational ground. According to these critics, we can justify or condemn a given behaviour using a â€Å"conjunction of politics, morality and self-interest† (Dixon 2007). Thus, such behaviours can happen in any setting and for reasons not related to any legal rule. Some jurists claim that international law is a means of pursuing a given community values. Thus, interpretation and application of all rules should conform to such values. This is a value-oriented approach in explaining the existence of international law. Some of these values include â€Å"world public order†. Proponents of this view include McDougal, Lasswell and Feliciano. Realists claim that we should view international law based on the impact it has on the conduct of the international community and relations, rather than trying to establish its validity as a law. This vie w posits that what is important is the influence of international law in international politics and relations. Issues of acceptance or obedience to international law are irrelevant. Therefore, its role to enhance international politics is what matters. Some scholars apply non-statist theories to explain the nature of international law. They disregard the fundamental principle of international law as a system created mainly for states and by states. They claim that notable developments in international law render its fundamental concept narrow. They seek to show the importance of international law to individuals. In addition, international law should also be a means of gaining justice and accommodating diverse cultures and ethic orientations of the modern world since the world no longer revolves around Europe. This view has gained popularity especially with issuing relating to the ICJ ruling on Africa states. For instance, Gbenga Odentun claims that both the ICJ and Permanent Court o f Arbitration (PAC) have shown a lack of interest in matters regarding African states and their Western counterparts. The author also claims that representation of Africans in these institutions is insufficient. According to Odentun, this undermines the basis that such courts within their charter should represent â€Å"the principal legal systems of the world†.12 This idea has gained popularity as states depend on international law for checking excesses of other sovereign states.13 Any attempt to achieve a consensus or conclusion regarding the nature, source, or system of international law shall draw criticisms from all quarters. What is of importance in this case is the binding problem that leads to the formation of international law. Such problems are both national and international matters. At the national level, we have an institution like the Australian parliament that has the mandate to create laws. This is not the case with the international law. However, the significa nt issue is that states and individuals have recognised international law. Such a succession of apologetic and utopian moments and arguments drives vital interests of states. However, we must note that a vital interest of state is important than the dictates of the law. The legal system may recognise vital interests in cases of self-defence in relation to international law. In this regard, the international law may not be different from any national law and the issue of obedience may not arise. However, we can see that due to weaknesses in international law, states can violate it. In this sense, it becomes a weaker system than any other national legal system that has machinery for enforcement. It is difficult for states to rely on international law in situations where their vital interests are under threat.14 As a result, they are likely to engage in illegal conducts. These could be the reasons for â€Å"the US invasion of Iraq and Afghanistan and NATO’s 1999 action in Serbi a† (Dixon 2007). From these observations, we can note that international law cannot stop such attacks. However, this does not mean it is irrelevant when it comes to protection of vital interest of states. The international community can formulate laws to control future behaviours of such states and soften their approaches. This also leads to confusion about the major role of international law in relation to political and diplomatic crises. In all, international law role should be to ensure â€Å"world public order† among international communities. Therefore, what shows the effective of vital rules of international law is the extent to which states obey or enforce them. This is the failure of international law. It cannot enforce its vital rule of prohibiting the use of force against other states. Such creations of international law have led to lack of certainty. It is too flexible and open to manipulation. For instance, we can see that Serbia challenged Kosovo’s d eclaration of independence because the international law was not clear on remedial secession. This lack of clarity can lead to disputes among states. Thus, the issue of creation of international law is debate that cannot end. However, the fundamental concept is that international law protects sovereign states with regard to their international relations. Therefore, these rules are for states and created by states as they give state sovereignty high regards as it is the fabric that holds international community. We have to recognise that states need international law and its processes of creation remain irrelevant. Bibliography Cismas Ioana, ‘Secession in Theory and Practice: the Case of Kosovo and Beyond’ (2010) 2(2) Goettingen Journal of International Law 531-587. Dixon Martin, Textbook on International Law (Oxford University Press, 2007). Harris David, Cases and Materials on International Law, 7th ed (Sweet and Maxwell, 2010). Hasani Enver, ‘International Law un der Fire: Utis Possidetis Juris: From Rome to Kosovo’ (2003) Fletcher Forum of World Affairs 1-3. Malanczuk Peter, Akehurst’s Modern Introduction to International Law (Routledge, 1997). Odentun Gbenga, ‘Africa before the International Courts: The Generational Gap in International Adjudication and Arbitration’ (2004) 44(4) Indian Jrn. Int. Law 701-748. Sumner Taylor, ‘Note: Territorial Disputes at the International Court of Justice’ (2004) 53 Duke Law Journal 1779-1812. Vidmar Jure, ‘Remedial Secession in International Law: Theory and (Lack of) Practice’ (2010) 6(1) St Antony’s International Review 37-56. Footnotes 1 U.N. Charter, Chapter VI, â€Å"Pacific Settlement of Disputes.† Article 33.1: â€Å"The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbit ration, conciliation, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.† 2 Sumner Taylor, ‘Note: Territorial Disputes at the International Court of Justice’ (2004) 53 Duke Law Journal 1779-1812. 3 Statute of the International Court of Justice, annexed to the Charter of the United Nations (1945), entered into force, October 24, 1945. 4 Enver Hasani, International Law under Fire, Uti Possidetis Juris: From Rome to Kosovo, Fletcher Forum of World Affairs, 2003. 5 1986 ICJ 570 (December 22). 6 Malanczuk Peter, Akehurst’s Modern Introduction to International Law (Routledge, 1997). 7 1953 ICJ Reports (ICJ) 47 (17 November). 8 Cismas Ioana, ‘Secession in Theory and Practice: the Case of Kosovo and Beyond’ (2010) 2(2) Goettingen Journal of International Law 531-587. 9 U.S. Department of State, U.S. Recognizes Kosovo as Independent State, Washington D.C., (18 February 2008). 10 â€Å"In the v iew of Oliver Corten by â€Å"prematurely† recognizing Kosovo third states are in breach of the principle of sovereignty and of non-intervention in the internal affairs of Serbia† (Cismas, 2010). 11 Dixon Martin, Textbook on International Law (Oxford University Press, 2007). 12 Gbenga Odentun, â€Å"Africa before the International Courts: The Generational Gap in International Adjudication and Arbitration,† Indian Jrn. Int. Law, 44:4, (Oct.-Dec. 2004), pp. 701-748. 13 Harris David, Cases and Materials on International Law, 7th ed (Sweet and Maxwell, 2010). 14 A. D’Amato, ‘Trashing Customary International Law’, 81 American Journal of International Law (1987) 1, 77, 102. This critical writing on Principle of International Law was written and submitted by user Ian U. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.