International Law

International law (международное право (совокупность норм, с помощью которых государства устанавливают приемлемые стандарты в различных областях взаимоотношений между государственными органами и гражданами разных стран)) is a body of laws, regulations, and accepted practices by which different nations throughout the world interact with each other as well as with their own citizens and citizens of other countries. There are two basic categories of International Law, public International Law and private International Law, although the two tend to overlap frequently. Public International Law deals with relationships between different nations or between a nation and persons from another country. Private International Law generally deals with individual concerns, such as civil or human rights issues, not only between a government and its own citizens but also in how its citizens are treated by other nations. International Law is developed and agreed upon by those that make up the international system, but not every nation state is a member or has a part in the process. Most nations are said to comply with International Law, but that appears questionable considering the number of human rights violations still occurring around the world. While the International community does attempt to hold all nations to International Law, it is not always feasible. Force may be necessary in order to ensure compliance, and the International community is generally against the use of force except in the most dire circumstances. There are also cultural issues that play a part in acceptance of and compliance (соответствие) with International Law. Some nations have a theocratic, or religious, government rather than a secular one and feel more bound to the tenets of their faith than to man-made law. In some cases, what most of the world views as human rights (права человека) violations according to International Law, may be viewed by some nations as acceptable actions or punishments prescribed by religion. This can create very sensitive situations. The United Nations (UN) is probably the most well recognized of all International institutions. It has influence over the world community as a whole as well as individual nations. The UN is supposed to establish and protect peace and cooperation between nations and to ensure that people are treated humanely (гуманно, человечно) by their own as well as by other governments and groups. While many nations have agreed to the UN Charter (Устав ООН), they still retain (сохранять) sovereignty. Few would agree to live completely under UN rule, especially in light of recent scandals and the inability of the institution to achieve its goals. The United Nations has unfortunately been plagued by scandals and perceived incompetence over the years. Critics give the Oil for Food program and the ineffectiveness in protecting human rights in the Rwanda genocide and more recently the Darfur region of Sudan, as examples. As the world seems to grow smaller, with people interacting on a global scale, International Law seems to make sense. However, it must continue to evolve and it must be applied evenhandedly (беспристрастно). It is also necessary for those with the duty to enforce it to be seen as being up to the task.

Criminal Law

1. Criminal law is distinctive for the uniquely serious potential consequences or for failure to abide by its rules.

2. Every crime is composed of may be imposed in some jurisdictions for the most serious crimes.

3. Physical or may be imposed such as or although these punishments are prohibited in much of the world.

4. Individuals may be in a variety of conditions depending on the jurisdiction.

5. Confinement may be solitary.

6. Length of incarceration may vary from a day to life.

7. Government supervision may be imposed, including house arrest, and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. also may be imposed, seizing money or property from a person convicted of a crime.

· Five objectives are widely accepted for enforcement of the criminal law by punishments: retribution, deterrence, incapacitation, rehabilitation and restitution. Jurisdictions differ on the value to be placed on each.

· Retribution - Criminals ought to suffer in some way.

· This is the most widely seen goal.

· Criminals have taken improper advantage, or inflicted unfair detriment, upon others and consequently, the criminal law will put criminals at some unpleasant disadvantage to " balance the scales."

· People submit to the law to receive the right not to be murdered and if people contravene these laws, they surrender the rights granted to them by the law.

· Thus, one who murders may be murdered himself.

· A related theory includes the idea of " righting the balance."

· Deterrence - Individual deterrence is aimed toward the specific offender.

· The aim is to impose a sufficient penalty to discourage the offender from criminal behavior.

· General deterrence aims at society at large.

· By imposing a penalty on those who commit offenses, other individuals are discouraged from committing those offenses.

· Incapacitation - Designed simply to keep criminals away from society so that the public is protected from their misconduct.

· This is often achieved through prison sentences today.

· The death penalty or banishment have served the same purpose.

· Rehabilitation - Aims at transforming an offender into a valuable member of society.

· Its primary goal is to prevent further offense by convincing the offender that their conduct was wrong.

· Restitution - This is a victim-oriented theory of punishment.

· The goal is to repair, through state authority, any hurt inflicted on the victim by the offender.

· For example, one who embezzles will be required to repay the amount improperly acquired.

· Restitution is commonly combined with other main goals of criminal justice and is closely related to concepts in the civil law.