International Law
Last month has been quite traumatic in the news with planes going missing. However, I wanted to say something on the Russian situation concerning the annexation of Crimea.
I personally think that Russian President Putin did the right thing even if it was contrary to international law. I think this for a very specific reason. He was asked to help in the crisis by the Ukraine Government. Whilst he did send in the troops this appears to have been for peace keeping measures which worked. He held an election in which some people abstained due to legality, but the majority of the peoples of Crimea voted, with the outcome being a majority to cede succession to Russia. The people of Crimea got the outcome they desired and scenes on our TV were of jubiliation not cowering.
Which brings me to my point: in my dissertation "you can lead a horse to water but you can't make it drink" (1997 Birbeck College, University of London) I cited as the premis for law Thomas Hobbes from "Leviathan".
"The first right of man is to follow peace so far as he can attain it.
The second right of man is to defend himself/herself.
Whilst International Law should be followed wheresoever possible, law is not so stagnant that it cannot be challenged and herein is a situation where law has set a new precedent at international level. President Putin was faced with a crisis situation, he handled it adequately and gave the people of Crimea what they wanted on a majority basis. There was little or no bloodshed. President Putin should be commended as a peacekeeper for doing the right thing in a crisis, not sanctioned by Europe, US and other parts of the world. He has followed peace so far as he can attain it - the first rule of law according to Thomas Hobbes. I agree.
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On another story in the press this week, MPs in the UK have passed an historic vote to stop TV Licence fee dodgers from being criminalised. This is an interesting story because the criminal law has now moved premis to a civil law jurisdiction.
The problem was that approximately 193,000 were prosecuted for not paying their TV licence fee in 2012 thereby clogging up day-to-day business in the Magistrates courts (criminal court) for a claim of £1,000. ie one in 9 of their cases. The issue was that for not paying your TV licence of £145.50 you would be given a criminal record as well as a £1,000 fine. The BBC Charter comes up for renewal in 2016 and it is voted on that it will no longer be a criminal offence, but a civil offence and will go before the BBC Trust and both Houses of Parliament - Commons and Lords before criminal sanctions can be disposed of.
Whilst there is the possibility that there will be more tv licence dodging, at least people will not go to jail for this crime and thereby cost the state (public purse) even more. The social justice implications are huge on this outcome which I agree with. Who ever thought of the idea should be commended for it.
I personally think that Russian President Putin did the right thing even if it was contrary to international law. I think this for a very specific reason. He was asked to help in the crisis by the Ukraine Government. Whilst he did send in the troops this appears to have been for peace keeping measures which worked. He held an election in which some people abstained due to legality, but the majority of the peoples of Crimea voted, with the outcome being a majority to cede succession to Russia. The people of Crimea got the outcome they desired and scenes on our TV were of jubiliation not cowering.
Which brings me to my point: in my dissertation "you can lead a horse to water but you can't make it drink" (1997 Birbeck College, University of London) I cited as the premis for law Thomas Hobbes from "Leviathan".
"The first right of man is to follow peace so far as he can attain it.
The second right of man is to defend himself/herself.
Whilst International Law should be followed wheresoever possible, law is not so stagnant that it cannot be challenged and herein is a situation where law has set a new precedent at international level. President Putin was faced with a crisis situation, he handled it adequately and gave the people of Crimea what they wanted on a majority basis. There was little or no bloodshed. President Putin should be commended as a peacekeeper for doing the right thing in a crisis, not sanctioned by Europe, US and other parts of the world. He has followed peace so far as he can attain it - the first rule of law according to Thomas Hobbes. I agree.
________________________________________
On another story in the press this week, MPs in the UK have passed an historic vote to stop TV Licence fee dodgers from being criminalised. This is an interesting story because the criminal law has now moved premis to a civil law jurisdiction.
The problem was that approximately 193,000 were prosecuted for not paying their TV licence fee in 2012 thereby clogging up day-to-day business in the Magistrates courts (criminal court) for a claim of £1,000. ie one in 9 of their cases. The issue was that for not paying your TV licence of £145.50 you would be given a criminal record as well as a £1,000 fine. The BBC Charter comes up for renewal in 2016 and it is voted on that it will no longer be a criminal offence, but a civil offence and will go before the BBC Trust and both Houses of Parliament - Commons and Lords before criminal sanctions can be disposed of.
Whilst there is the possibility that there will be more tv licence dodging, at least people will not go to jail for this crime and thereby cost the state (public purse) even more. The social justice implications are huge on this outcome which I agree with. Who ever thought of the idea should be commended for it.
posted by Lesley McDade at 3:08 pm
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