Does the founding of the UN represent a radical departure from the system of international law or international society prior to 1945

The UN System The UNO is not just an inter-governmental organization located in New York and comprising of key political organs such as the Economic and Social Council (ECOSOC), the General Assembly and the Security Council. The UN body is made up of about 16 UN specialized agencies with independent Assemblies and Councils-including Secretariats and budgets (White 281).Advertising We will write a custom essay sample on Does the founding of the UN represent a radical departure from the system of international law or international society prior to 1945? specifically for you for only $16.05 $11/page Learn More These agencies deal with global issues such as: international telecommunications; merchant shipping; financial crises; and diseases. These agencies have also produced several subsidiaries bodies. For example, the UN General assembly has created several bodies such as the UN Children’s Fund (UNICEF) and the UN Economic and Social Council (ECOSOC ) to address children’s welfare and economic issues respectively (White 281). The UN Values The values that the UN promotes are enclosed within the Preamble of the system’s foremost treaties. Most of these core values (self-rule, human rights protection and peace) symbolized a new departure for the international community in 1945. These values are used as benchmarks for assessing the failure or success of the UNO. They also provide goals that can be pursued by the UNO. What’s more, other values have been integrated with the core values. For example, environmental protection was added to the core values following the UN Conference on Human Environment held in Stockholm in 1972 (White 288). The swift development of agencies and mechanisms for use in alleviating further destruction of world’s environment underlined the need for entrenching environmental protection as a core value (White 288). Apart from environmental protection, the promotion of democratic s ystem has been entrenched as a core value (derived from self-rule principle). Nevertheless, the UN’s promotion of democratic system should not be construed to mean the triumph of liberalism over communism after Cold War ended (Fox and Roth 532). The establishment and consistency of these principles are in harmony with the UN’s core value of protection and promotion of human rights which the organization has promoted ever since the 1948 Universal Declaration of Human Rights. For example, the self-rule principle was recognized by the UN in 1945 and it has been promoted since then (White 288).Advertising Looking for essay on international relations? Let's see if we can help you! Get your first paper with 15% OFF Learn More Other core values established by the UN are socio-economic comfort, justice and law, and peace and security (Falk 208). Although peace and security are pursued by the principal organs set up by the UN Charter, other values are promoted by specialized agencies as well as supplementary bodies and programmes. Consequently, there is a general perception that peace and security is the principal value pursued while other values are deemed secondary in the pecking order (White 288). The Nature of the Founding Law The UN is not just an organization characterized by a convoluted structure of conference. It is a system based on law. The question that emerges then relates to the character of this law. Following the establishment of the League of Nations Covenant in1919, there have been numerous attempts to suggest the existence of a considerable distinction between constitutional multilateral agreements and normal multilateral treaties (Johnston 889). This suggestion represented a paradigm shift from the observation that international law was, in reality, a private law between compliant states acting as equals as opposed to any type of public law. The balance in this argument can be traced back to when Max Huber asserted that t he legal nature of the League of Nations Covenant was â€Å"neither contractual nor constitutional (Zimmern 290). According to Huber, the Covenant had a dissimilar disposition from the typical contractual agreements and exchanges that had taken place before. It is worth mentioning that inter-governmental organizations-such as International telecommunications Union (ITU) founded in 1865 and the Universal Postal Union (UPU) created in 1874- existed before the League of Nations (White 290). As a matter of fact, the treaty that created UPU was considered a constitution. The ITU and UPU established a union of services which implies that the legal framework developed by member-states of these organizations was a contractual one (Crawford 6). The UN and Constitutionalism If we shift from the post-1919 world order to the post-1945 order, the portrait presented above is one made up of societal values that shape, inform and regulate the functioning of an intricate set of organizations within a structure enclosed by legal instruments of foundational importance (White 291).Advertising We will write a custom essay sample on Does the founding of the UN represent a radical departure from the system of international law or international society prior to 1945? specifically for you for only $16.05 $11/page Learn More It is obvious that the UN structure is not only managed by a series of accords/treaties but also by a composite constitution, with the UN Charter at the centre. The UN Charter is aptly characterized by Schachter who asserted that: The Charter is surely not to be construed as a lease of land or an insurance policy; it is a constitutional instrument whose broad phrases were designed to meet changing circumstances for an undefined future (189). It appears that in 1945, the UN Charter was interpreted as a constitutional document and not merely as an international accord/treaty. This assertion is aptly reflected in the Preamble of the Char ter-We the Peoples of the United Nations (Fassbender 555). Therefore, no one can dispute the fact that the UN Charter is the basis for constitutional document in the United Nation structure. There is no doubt that the institutional system of the UN is imperfect. Nevertheless, this phenomenon does not prevent the UN from having a constitutional foundation. For instance, the UN General Assembly is a weak legislative body. Nonetheless, the resolutions made by the General Assembly form a conjecture of legality in favour of behaviours that conforms to them as well as an assumption of illegality when such behaviours contradict them (Schreuer 118). What’s more, these decrees can function as a mechanism and as an expression of traditional international law. Contrary to the basic recommendatory nature of UN General Assembly decrees, the UN Security Council boasts of legislative influence with regard to joint security (White 292). What’s more, the Security Council functions as a n executive unit which implements those resolutions. Although there is no clear separation of powers within the UN system, both the executive and legislative roles are allocated uniformly between the key political organs (White 292).Advertising Looking for essay on international relations? Let's see if we can help you! Get your first paper with 15% OFF Learn More As a matter of fact, the UN Security Council has not only executive and legislative powers but also possesses partial quasi-judicial authority to propose settlement terms as well as to establish whether there is an act of aggression, breach of peace or a threat to the peace (White 292). In addition, there is the International Court of Justice’s arbitrative role (although it is weak compared to state jurisdictions). The Security Council’s authority regarding legal disagreements between states is based on approval from UN agencies and organs (White 292). The Council’s role as a constitutional court is therefore susceptible to inquiry although its jurisprudence is somewhat moving in that direction (White 401). There is clearly lack of separation of power within the UN system. The problem is also prevalent among its specialized agencies. The major benefit associated with separation of powers is the enhancement of the rule of law. For example, the separation of power averts the enactment, application and enforcement of laws by one body. As a result, the absence of institutionalized judicial review within the UN system weakens the rule of law in the same manner the concentration of power (under joint security) in the hands of the UN Security Council does (White 293). This means that the UN Security Council is effectively allowed to function as legislator, judge and enforcer with regard to the sphere of joint security (Gwynn 1). Thus, the apparent lack of separation of power in UN system is likely to result in power misuse. In spite of the apparent structural shortages within the UN system, the Charter as well as the constitutional documents of the specialized agencies creates an intricate constitutional pecking order. Nevertheless, it can be argued that they merely represent a weak constitutional dispensation. It can also be argued that the UN Constitution is synonymous with the rudimentary rules that govern a local golf club given that both con stitute an organization. However, opinions about this issue vary among different scholars. For example, Bernhardt asserts that â€Å"the Charter has become the constitution of the international community† (1117) while Arangio-Ruiz claims that â€Å"the Charter is a mere inter-state compact† (9). However, other scholars have adopted a cautious approach by enumerating the shortages prevalent in the UN’s constitutional structure as well as the organization’s achievements in securing conformity with its resolutions. For example, the UN’s remarkable success in averting Iraq’s antagonism against Kuwait in the early 1990s is contrasted with its failure to secure peace in Rwanda (in 1994), Somalia (1992-3) and the former Yugoslavia in 1992-5 period (Dupuy 20). The UN Legal Structure There is no doubt that the UN structure is based on law. The UN’s legislative capacity has broadened over the years as the international community shifts from a h orizontal structure that relies on state approval towards a purely hierarchical one (Kirgis 274). For instance, the decrees by IAEA, ICAO, ITU and WHO are generally acknowledged and implemented as sets of laws for the international community (Schermers 117). The UN legal system can be evaluated from three phases: legislative; interpretation and application of law; and enforcement and compliance. The Legislative Phase The UN agencies generate laws in remarkable ways. Most of these laws transcend the conventional foundations of international law (i.e. customs and treaties). These laws include: quasi-judicial pronouncements; guidelines; codes of practice; declarations; binding regulations; and excellent decrees with reporting requirements as well as enforcement systems (White 295). Most of these laws represent a paradigm shift from the conservative ways of making laws in the international arena. The Interpretation and Application Phase The interpretation and application of law occurs o n a continuous basis all over the UN structure via the agencies, bodies and organs in light of the principle of effectiveness (White 296). As the UN’s structure and legislation broadens, in terms of quality and quantity, the likelihood of some agencies and bodies transcending the constitutional laws which define their operations is apparent (White 296). However, there are several rudimentary laws that deem certain activities by the UN as unconstitutional or ultra vires (White 296). Nevertheless, the real issue at hand is the absence of a suitable judicial review system. Compliance and Enforcement Phase Compliance and enforcement is usually the last phase in any legal structure. White asserts that the major huddle experienced by the UN legal structure is the compliance and enforcement phase (296). Although the UN has enacted a number of legislations, little attention has been given with regard to the strategies of ensuring compliance (White 296). Nevertheless, the UN is strivi ng to improve compliance and enforcement of its laws at different levels. For example, the UN’s specialized agencies have adopted reporting and supervision as a common strategy to ensure compliance with the law (White 296). States are now obligated to submit reports on their compliance endeavours for inspection by a UN body. The naming and shaming strategy is occasionally complemented in the human rights sphere whereby states (under elective protocol) permit certain persons within their authority to assume cases of human rights abuses executed by the state before a UN agency (White 296). Nevertheless, these strategies are usually ineffective when dealing with unrelenting offenders. Consequently, the UN has considered adopting a number of intrusive strategies in order to decrease incidences of human rights abuses in many countries. An armed peace-keeping force is an example of an intrusive strategy adopted to ensure compliance with UN declarations. UN peace-keeping force has e volved into a multi-dimensional strategy that encompasses the conventional blue-helmeted force as well as human rights and development element (White 297). The Sierra Leone case is a clear demonstration that the UN peace-keeping force is in dire need of reforms although this should not undermine the successful operations undertaken by UN forces in Mozambique, Nicaragua and Namibia (White 297). Other coercive strategies adopted by the UN include conditional loans and aid that are granted to those states that respect UN decrees and suspension of delinquent states from UN membership (White 297). The Security Council has also invoked article 41 of the UN Charter to impose other non-military enforcement actions such as economic sanctions on rogue states (White 297). In addition, the Security Council has sanctioned the use of armed forces on several occasions in countries such as Kosovo, East Timor, Bosnia, Somalia and the Gulf region to enforce compliance (White 297). The UN judicial sys tem represents another major hurdle in the enforcement system. It is worth mentioning that the International Court is somewhat weak with regard to judicial enforcement. The Rome Statute, which established the International Criminal Court, represents a significant step with regard to holding accountable and punishing individuals who commit war crimes, genocide and other crimes against humanity (White 298). However, the ability of the International Court to discharge its functions is severely compromised by the UN Security Council which focuses its judicial enforcement efforts at individual level rather than at the state level (White 298). Thus, there is an urgent need to evaluate whether the UN’s judicial enforcement, at individual level rather than state level, is the most successful strategy to guarantee respect for UN principles. Works Cited Arangio-Ruiz, Gaetano. â€Å"The Federal Analogy and UN Charter Interpretation: A Crucial Issue.† European Journal of Internati onal Law 8.1(1997): 9. Print. Bernhardt, Rudolf. The Charter of the United Nations: A Commentary. Oxford: Oxford University Press, 1994. Print. Crawford, James. The Charter of the United Nations as a Constitution. London: British Institute, 1997. Print. Dupuy, Marie. â€Å"The Constitutional Dimension of the Charter of the United Nations Revisited.† Max Planck Yearbook of UN Law 1(1997): 20. Print. Falk, Richard. The United Nations and a Just World Order. Boulder: Westview, 1991. Print. Fassbender, Bardo. â€Å"The United Nations Charter as a Constitution of the International Community.† Columbia Journal of Transnational 529(1998): 555. Print. Fox, Gay and Brad Roth. Democratic Governance and International Law. Cambridge: Cambridge University Press, 2000. Print. Gwynn, Barbara. The Meaning of the Separation of Powers. The Hague: Nijhoff, 1965. Print. Johnston, Douglas. Structures and Processes of International Law. Dordrecht: Nijhoff, 1983. Print. Kirgis, Frederic. Int ernational Organizations in their Legal Settings. St. Paul: West, 1993. Print. Schachter, Oscar. â€Å"Review of Kelsen: The law of the United Nations.† Yale Law Journal 61(1951): 189. Print. Schermers, Henry. â€Å"We the Peoples.† Max Planck Yearbook of UN Law 1(1997): 117. Print. Schreuer, Christoph. â€Å"Recommendations and the Traditional Sources of International Law.† German Yearbook of International Law 20(1997): 118. Print. White, Nigel. â€Å"The United Nations System: Conference, Contract or Constitutional Order?† Singapore Journal of International Comparative Law 4(2000): 281-299. Print. White, Nigel. â€Å"To Review or Not to Review? The Lockerbie cases before the World Court.† Leiden Journal of International Law 12(1999): 401. Zimmern, Alfred. The League of Nations and the Rule of Law, 1918-1935. New York: Russell and Russell, 1969. Print. This essay on Does the founding of the UN represent a radical departure from the system of international law or international society prior to 1945? was written and submitted by user Curt Conners 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.

Typical Course of Study - Kindergarten

Typical Course of Study - Kindergarten The elementary years lay the foundation for learning throughout a students educational career (and beyond). Childrens abilities undergo dramatic changes from kindergarten through 5th grade.   While public and private schools set the standards for their students,  homeschooling parents  may be unsure what to teach at each grade level. Thats where a typical course of study comes in handy.   A typical course of study provides a general framework for introducing appropriate skills and concepts for each subject at each grade level. Parents may notice that some skills and topics are repeated in multiple grade levels. This repetition is normal because the complexity of skills and depth of topics increases as a students ability and maturity increases. Kindergarten Kindergarten is a highly-anticipated time of transition for most children. Learning through play starts to give way to more formal lessons. (Though play remains an essential part of education through the elementary years.) For most young children, this first foray into formal learning will include pre-reading and early math activities. It is also a time for children to begin understanding their role and the roles of others in the community.   Language Arts A typical course of study for kindergarten language arts includes pre-reading activities such as learning to recognize upper- and lower-case letters of the alphabet and the sounds of each. Children enjoy looking at picture books and pretending to read. Its crucial to read to kindergarten students on a regular basis. Not only does reading aloud help children make connections between written and spoken words, but it also helps them acquire new vocabulary skills. Students should practice writing the letters of the alphabet and learn to write their name. Children may use drawings or invented spelling to tell stories.   Science Science helps kindergarten students begin to understand the world around them. It is essential to provide opportunities for them to explore science-related topics through observation and investigation. Ask students questions such as how, why, what if, and what do you think. Use nature study to help young students explore earth science and physical science. Common topics for kindergarten science include insects, animals, plants, weather, soil, and rocks.   Social Studies In kindergarten, social studies focus on exploring the world through the local community. Provide opportunities for children to  learn about themselves and their role in their family and community. Teach them about community helpers such as police officers and firefighters.   Introduce them to basic facts about their country, such as its president, its capital city, and some of its national holidays. Help them explore basic geography with simple maps of their home, city, state, and country. Math A typical course of study for kindergarten math includes topics such as counting, number recognition, one-to-one correspondence, sorting and categorizing, learning basic shapes, and pattern recognition. Children will learn to recognize numbers 1 through 100 and count by ones to 20. They will learn to describe the position of an object such as in, beside, behind, and between.   They will learn to recognize simple patterns such as A-B (red/blue/red/blue), complete a pattern that has been started for them, and create their own simple patterns. First Grade Children in first grade are starting to acquire more abstract thinking skills. Some begin to move toward reading fluency. They can understand more abstract math concepts and can complete simple addition and subtraction problems. They are becoming more independent and self-sufficient. Language Arts A typical course of study for first-grade language arts introduces students to age-appropriate grammar, spelling, and writing. Children learn to capitalize and punctuate sentences correctly. They are expected to spell grade level words correctly and capitalize common nouns. Most first grade students will learn to read one-syllable words that follow general spelling rules and use phonics skills to decipher unknown words.  Ã‚   Some common skills for first graders include using and understanding compound words; inferring a words meaning from context; understanding figurative language;  and writing short compositions. Science First-grade students will build on the concepts they learned in kindergarten. They will continue asking questions and predicting outcomes and will learn to find patterns in the natural world. Common science topics for first grade include plants; animals; states of matter (solid, liquid, gas); sound; energy; seasons; water; and weather. Social Studies First-grade students can understand the past, present, and future, though most dont have a solid grasp of time intervals (for example, 10 years ago vs.  50 years ago). They understand the world around them from the context of the familiar, such as their school and community.   Common first-grade social studies topics include basic economics (needs vs. wants), beginning  map skills (cardinal directions and locating state and country on a map), continents, cultures, and national symbols. Math First-grade math concepts reflect this age groups improved ability to think abstractly. Skills and concepts typically taught include addition and subtraction;  telling time to the half-hour; recognizing and counting money; skip counting (counting by 2s, 5s, and 10s); measuring;  ordinal numbers (first, second, third); and naming and drawing two-dimensional and three-dimensional shapes. Second Grade Second-grade students are becoming better at processing information and can understand more abstract concepts. They understand jokes, riddles, and sarcasm and like to try them on others.   Most students who did not master reading fluency in first grade will do so in second. Most second graders have also established foundational writing skills. Language Arts A typical course of study for second-grade children focuses on reading fluency. Children will begin reading grade-level text without stopping to sound out most words. They will learn to read orally at a conversational speaking rate and use  voice inflection for expression. Second-grade students will learn  more complex phonics concepts and vocabulary. They will begin to learn prefixes, suffixes, antonyms, homonyms, and synonyms. They may start learning cursive handwriting.  Ã‚   Common skills for second-grade writing include using reference tools (such as a dictionary); writing opinion and how-to compositions; using planning tools such as brainstorming and graphic organizers; and learning to self-edit. Science In second grade, children begin using what they know to make predictions (hypothesis) and look for patterns in nature. Common second-grade life science topics include life cycles, food chains, and habitats (or biomes).   Earth science  topics include the Earth and how it changes over time; the factors affecting those changes such as wind, water, and ice; and the physical properties and classification of rocks.   Students are also introduced to force and motion concepts such as push, pull, and  magnetism. Social Studies Second graders are ready to begin moving beyond their local community and using what they know to compare their region with other areas and cultures.   Common topics include Native Americans, key historical figures (such as George Washington or Abraham Lincoln), creating timelines, the United States Constitution, and the election process. Second graders will also learn more advanced map skills, such as locating the United States and individual states; finding and labeling oceans, continents, the North and South Poles, and the equator. Math In second grade, students will begin to learn more complex math skills and attain fluency in math vocabulary.   A second-grade math course of study usually includes place value (ones, tens, hundreds); odd and even numbers; adding and subtracting two-digit numbers; introduction of multiplication tables; telling time from the quarter hour  to the  minute; and fractions. Third Grade In third grade, students begin to make the shift from guided learning to more independent exploration. Because most third-graders are fluent readers, they can read directions themselves and take more responsibility for their work. Language Arts In language arts, the focus on reading shifts from learning to read to reading to learn. There is an emphasis on reading comprehension. Students will learn to identify the main idea or moral of a story and be able to describe the plot and how the actions of the main characters affect the plot. Third graders will begin using more complex graphic organizers as part of the pre-writing process. They will learn  to write book reports, poems, and personal narratives. Topics for third-grade grammar include parts of speech; conjunctions; comparative and superlatives; more complex capitalization and punctuation skills (such as capitalizing book titles and punctuating dialogue); and sentence types (declarative, interrogative, and exclamatory).   Students also learn about writing genres such as fairy tales, myths, fiction, and biographies.   Science Third graders start to tackle more complex science topics. Students learn about the scientific process,  simple machines  and  the moon and its phases. Other topics include living organisms (vertebrate and invertebrates); properties of matter; physical changes; light and sound; astronomy; and inherited traits. Social Studies Third-grade social studies topics help students continue to expand their view of the world around them. They learn about cultures and how the environment and physical features affect the people of a given region. Students learn about topics such as transportation, communication, and the exploration and colonization of North American. Geography topics include latitude, longitude, map scale, and geographic terms. Math Third-grade mathematical concepts continue to increase in complexity.   Topics include multiplication and division; estimation; fractions and decimals; commutative and associative properties; congruent shapes, area and perimeter; charts and graphs; and probability.   Fourth Grade Most fourth-grade students are ready to tackle more complex work independently. They start learning basic time management and planning techniques for long-term projects. Fourth-graders are also starting to discover their academic strengths, weaknesses, and preferences. They may be asynchronous learners who dive into topics that interest them while struggling in areas that dont.   Language Arts Most fourth-grade students are competent, fluent readers. It is an excellent time to introduce books series since many children at this age are captivated by them.   A typical course of study includes grammar, composition, spelling, vocabulary-building, and literature. Grammar focuses on topics such as similes and metaphors; prepositional phrases; and run-on sentences.   Composition topics include creative, expository, and persuasive writing; research (using sources such as the internet, books, magazines, and news reports); understanding fact vs. opinion; point of view; and editing and publishing. Students will read and respond to a variety of literature. They will explore genres such as folklore, poetry, and tales from a variety of cultures.   Science Fourth-grade students continue to deepen their understanding of the scientific process through practice. They may try conducting age-appropriate experiments and document them by writing lab reports.  Ã‚   Earth science topics in fourth grade include natural disasters (such as earthquakes and volcanoes); the solar system; and natural resources. Physical science topics include electricity and electrical currents; physical and chemical changes in states of matter (freezing, melting, evaporation, and condensation); and the water cycle. Life science topics typically cover how plants and animals interact with and support one another (food chains and food webs), how plants produce food, and how humans impact the environment. Social Studies The history of the United States and the students home state are common topics for social studies in fourth grade. Students will research facts about their home states such as its native population, who settled the land, its path to statehood, and significant people and events from state history.   U.S. history topics include the Revolutionary War and westward expansion (the explorations of Lewis and Clark and the lives of American pioneers) Math Most fourth-grade students should be comfortable adding, subtracting, multiplying, and dividing quickly and accurately. They will apply these skills to large whole numbers and learn to add and subtract fractions and decimals.   Other fourth-grade math skills and concepts include prime numbers; multiples; conversions; adding and subtracting with variables; units of metric measurements; finding the area and perimeter of a solid; and figuring the volume of a solid. New concepts in geometry include lines, line segments, rays, parallel lines, angles, and triangles.   Fifth Grade Fifth grade is the last year as an elementary student for most students since middle school is generally considered grades 6-8. While these young tweens may consider themselves mature and responsible, they often need continued guidance as they prepare to transition fully to independent learners.   Language Arts A typical course of study for fifth-grade language arts will include components that become standard through the high school years: grammar, composition, literature, spelling, and vocabulary-building.   The literature component includes reading a variety of books and genres; analyzing plot, character, and setting; and identifying the authors purpose for writing and how his point of view influences his writing. Grammar and composition focus on using correct age-appropriate grammar to write more complex compositions such as letters, research papers, persuasive essays, and stories; honing pre-writing techniques such as brainstorming and using graphic organizers; and building on the students understanding of parts of speech and how each is used in a sentence (examples include prepositions, interjections, and conjunctions). Science Fifth graders have a strong basic understanding of science and the scientific process. Theyll put those skills to work as they delve into a more complex understanding of the world around them. Science topics usually covered in fifth grade include the solar system; the universe; Earths atmosphere; healthy habits (proper nutrition and personal hygiene); atoms, molecules, and cells; matter; the Periodic Table; and taxonomy and the classification system. Social Studies In fifth grade, students continue their exploration of American history, studying events such as the War of 1812; the American Civil War; inventors and technological advances of the 19th century (such as Samuel B. Morse, the Wright Brothers, Thomas Edison, and Alexander Graham Bell); and basic economics (the law of supply and demand; the primary resources, industries, and products of the United States and other countries). Math A typical course of study for fifth-grade math  include dividing two- and three-digit whole numbers with and without remainders; multiplying and dividing fractions; mixed numbers; improper fractions; simplifying fractions; using equivalent fractions; formulas for area, perimeter, and volume; graphing; Roman numerals; and powers of ten. This typical course of study for elementary school is intended as a general guide. The introduction of topics and acquisition  of skills can vary widely based on the studentss maturity and ability level, a familys preferred homeschooling style, and the type of homeschool curriculum used.