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Are the obervations of realists, such as hans Morgenthau, accurate in respect to their assessment of the importance of international law incontemporary world politics? ————————— 1- references should be around ten Different references,si Essay Example

  • Category:
    Law
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    Undergraduate
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How the observations of Realist Hans Morgenthau are accurate in respect to the assessment of the importance of the International law in contemporary world politics.

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How the observations of Realist Hans Morgenthau are accurate in respect to the assessment of the importance of the International law in contemporary world politics

Abstract:

According to Adeney, Elizabeth, ‘Australia’s first moral rights decision: A critical approach to Meskenas v ACP Publishing’, (2008) 19(2) Australian Intellectual Property Jornal 7,

Realism still remains the fundamental and most controversial perception of the international politics; meaning of realism has been explained by one of the most realists of modern times: Hans J.Morgenthau, in regards to issues touching in political philosophy, the impact of nuclear weapons, international law and even the challenges of American Foreign policy. And his thinking brings out a rich tradition that mostly not included in the contemporary diagnosis of foreign policies and international relations. His book comes at a time when realism is at the middle of both political and scholarly debates, and his works in the book indicates that perhaps the legacy of contemporary realism can indeed enrich our understanding of global politics and forge its future direction.

Introduction.

The discussions on the Australian Copyright Council, Digital Agenda Amendments: A Discussion Paper (2001), illustrates that Professor Hans Morgenthau in his new edition highlights that most comparative analysis should not only engage on the study of non-Occidental systems but also give attention to greater influences caused on non-Occidental systems. It must very well put into consideration the striving aspects of these states, in overcoming misery and poverty and their yearning for prosperity, their aspirations to having effective and credible government ,and even their processes of being industrialized states. So in this aspect they should seek technical support from the West? He further believes that the Values and the legal systems very different though can be compatible with the ones from the Occidental systems that have a free world culture. These contrasting scenarios has threatened and weakened the development and the existence of the international universal law. The non-Occidental world cannot be ignored because they have substantial influence on contents of the universal international laws.

The observations of realists such as Hans Morgenthau are accurate in their view towards the assessment of international law in this contemporary world of politics.

The skeptic rule in the political power approach as put forward by Morgenthau reveals that international law is not in any way considered by moist international governments as far as their policies relating to foreign matters are concerned especially after the two world wars .In fact we don’t need to look any further course a perfect example is the murky spats and conflicts and confusion between the two Koreas.

Though law makers and interpreters have a lot to digest as fat as international law theories are concerned, Morgenthau’s theory hits hard on the jurists, those who make the policies as well as the public at large.

In the past fifty years realism has had an outstanding influence in the approaches used in the study of relations internationally and still undoubtedly agreed by many to continue to influence the study ,take for example in states of America.

One of the most recent ones also known as neorealism emphasizes the same point.

The new publication of Professor Morgenthau’s resourceful research Politics

Among Nations I deserve a short commentary.

From this work we can work out that its main objective was to put forward and emphasize the point that the reappearance of new philosophies and techniques in the in the composition of international politics.

The growth of the neocolonialism, the development of supranational regional based institutions, and the propositions by word bodies such as the United Nations.

Morgenthau introduces virtually new idea of complacency, non-committal nations and cold war, offering an elaborate refined clarification and change of such previous views and concepts as political prowess.

Cultural dominance, universal public view, arms

Professor Hans earlier edition and the new one has not greatly changed and is accorded similar praise and enough criticisms and that world politics is still predominated by elements of power obtained through biased policies of status quo and imperialism subjected to tantamount limitations imposed. Morgenthau attributes that fractionalization of most national states are as a result of political parties, peer groups private associations , recognized and special international

Cultural dominance, universal public view, arms disarmament, joint security, and peaceful change.

Application and careful attention to these concepts in the belief that a «realist” version of world politics has been «largely achieved,» a new relevant introductory page has been added for defining the main pillars of this theory.

Citing various examples we can explicitly emphasize this point. referring to the moral right doctrines where the law of authors, artists and creators are defined, goes ahead to state that the protection granted to an individual shall be done both as in person and property, but then we realize that its important to define the extent and nature of the protection.

Realism outstands as the most relevant and controversial understanding of international politics.

This collection redresses this major question by referring to the thinking perhaps one of the very influential realists of these times: Hans J. Morgenthau.

In analyses of subjects ranging from political philosophy, to word law, to the dangers and pros of nuclear weapons and the shortcomings of American foreign sword.

The artists prove that Morgenthau’s thinking puts across a rich realist culture that is not always found in contemporary analyses of world and global relations and external policies.

At this era when realism is again centrally of both scholarly and political arguments, this view shows that the importance of classical realism can develop our understanding of international politics and build to its future existence and direction.

We can also sight the case Cooper v Universal Music Australia Pty Ltd [2006] FCAFC 187

at AustralianFederal Court was an appeal against a judgment of the Federal Court of Australia which said that a website host and a provider of internet services were both responsible for allowing copyright infringement in view of a website that makes available hyperlinks to sound recordings.

The case has created some concern that the decision of Branson J suggests that there is the danger under Australian law for all hyper linking to copyright material to attract responsibility for copyright infringement authorization .

Newspaper coverage, for example, claimed the case signaled that simplicity of providing links to the material can amount to an authorizing of copyright infringement.

Governmental organizations, pressure groups that catalyze the creation of bigger regional blocks .Hans work provide no comprehensive analysis of the roles of the participants in obtaining and retaining power and their social setup. He gives a lot of emphasis to the ideological, economic, the diplomatic and military procedures of attack and even counterattack, their modalities.

Case Studies;

Waivablity vs. Inalienablity.its Comparative analysis.

Stokes, Simon, Digital Copyright: Law and Practice (3rd, 2009) 1 argues that,

Authors are generally granted moral rights most jurisdictions throughout the world. Though the aspects of such rights may be differ from one jurisdiction to another, Berne Convention members are mandated to offer legal protection for a minimum of moral rights: intergrity and attribution.

The concerns of Bern Convention (1979) Art 6 ,states that, Traditional, moral rights have been provided broader and stronger protections by civil law jurisdictions. France gets the honor of being identified as the mother of the moral doctrine and had been able to appreciate the morals rights way before the Berne Convention. In the same respect in United States its upholding to the principles of Berne Convention in 1988 caused the establishment of the rights of the Visual Artists Act in 1990 commonly referred to as the (VARA) that has a proper legal frame work to offer protection of moral rights specifically to the person’s in the visual arts discipline.

We can also sight the caseUniversal Music Australia Pty Ltd vs. Coupler[2006] of FCAFC 187

at AustralianFederal Court was an appeal against a decision of the Federal Court of Australia which said that a website host and a provider of internet services were both responsible for allowing copyright infringement in view of a website that makes available hyperlinks to sound recordings..

The case has created some concern that the judgment of Branson J suggests that there is the danger under Australian law for all hyper linking to copyright material to attract responsibility for copyright infringement authorization .

Newspaper coverage, for example, claimed the case signaled that simplicity of providing links to the material can amount to an authorizing of copyright infringement.

Conclusion.

From research done it can be concluded that the observations of realist such as Hans Morgenthau are largely accurate and true in respect to the assessment of the importance of the international law in the contemporary world politics. The emergence of the international law has greatly help in the acquisition of justice within the state nations. Also observed as a key contribution of the international law to the contemporary world politics is the establishment of the trade treaties that has made it possible for these states to start realizing their dreams of becoming industrialized and economic hubs. The arguments of most the realist as been seen have developed a clear frame work of understanding the issues and the concerns affecting these nations and as a result Hans should get credit and appreciation for his works.

Bibliography

  1. Articles/Books/Reports

According to ACP ;(2008) 19(2), » Australian Intellectual Property Journal 74

Adeney, Elizabeth, ‘Australia’s first moral rights decision: A critical approach to Mokena’s v ACP Publishing’, (2008) 19(2) Australian Intellectual Property Journal 74

A. Roeder, Martin,’ the Doctrine of Moral Right: A Study in the Law of Artists, Authors and Creators’ (1940) 53(4) Harvard Law Review 554, 558

Australian Copyright Council, Digital Agenda Amendments: A Discussion Paper (2001)

Australian Copyright Council, Moral Rights: A Practical Guide (2002)

Sainsbury, Maree, MORAL RIGHTS and their Application in Australia (2003)

Stokes, Simon, Digital Copyright: Law and Practice (3rd, 2009) 1

Cooper v. Universal Music Australia Ltd (2006) FCAF 187 at 41

Meskenas v ACP Publishing Pty Ltd (2006) FMCA 1136

Telstra Corporation Ltd v Australian Performing Right Association Ltd (1997) 191 CLR 140

Universal Music Australia Pty Ltd v Cooper (2005) 150 FCR 1