Complexometric Determination of Water Hardness Essay Example for Free

Complexometric Determination of Water Hardness Essay When a polyatomic ligand with multiple lone pairs of electrons available for bonding to a central metal ion forms a complex with a metal ion, a process known as chelation takes place. Metal ion impurities can be found by using disodium salt of EDTA to determine the concentration of M2+ by complexometric or chelometric titration. Erichrome Black T makes it easy to see when the EDTA has completely chelated the metal impurities. When the metal cation is still present in the water, the solution will be a complex with a pink tint. Once enough EDTA has been added to the M2+ solution the metal ions complex to the EDTA leaving the indicator solvated causing a color change from pink to blue. Once the color has changed to blue, the titration has reached an end point and the M2+ metal ion impurities in hard water can be calculated. Procedure: Prepare 500 mL of 0.004 M disodium EDTA solution by dissolving 0.7-0.8g of Na2EDTA in 500 mL deionized water. Standardize the solution by using a 10 mL transfer pipet to add 10 mL of standardized calcium ion stock solution to a 250 mL Erlenmeyer flask and mixing it with 30 mL of deionized water. Add 3 mL of ammonia/ammonium chloride buffer (pH 10) to ensure that the calcium ions remain in the solution for accurate results. Add four drops of Eriochrome Black T indicator solution so that a color change can be visible during titration. Once the solution is prepared, titrate it with the disodium EDTA solution. Add the solution quickly at first and once the color changes from pink to violet slow down the titration until the color changes from violet to blue. Then record the results. Part 2 Unknown After receiving an unknown prepared water sample record the unknown in your lab notebook (unknown #76). After the unknown has been recorded, transfer 25 mL of the sample into a 250 mL Erlenmeyer flask with 20 mL of DI water. As in part one, add 3 mL of ammonia/ammonium chloride buffer (pH10) to the solution along with four drops of Erichrome Black T indicator. Once the solution has been made, titrate the solution with the standardized disodium EDTA solution and calculate the hardness of the prepared water sample from the titration. Compare the results to the expected range for municipal water hardness on your city’s water quality lab website. Data: | Test 1: Standardization of EDTA Mass of CaCO3: 0.01 g Moles of CaCO3: 9.910^-5 Molarity of the 250 mL standard Ca2+: 3.9610^-4 M Column1| Trial 1| Trial 2| Trial 3| Volume of Ca2 Titrated (mL)| 10| 10| 10| Moles Ca2+ Titrated | 9.910^-5| 9.910^-5| 9.910^-5| Moles EDTA| 9.910^-5| 9.910^-5| 9.910^-5| Initial Buret reading (mL)| 1| 1| 1| Final buret reading (mL)| 26.3| 26.5| 27| Volume of EDTA (mL)| 25.3| 25.5| 26| Molarity of EDTA (M)| 0.0039| 0.0039| 0.0038| Average Molarity of EDTA| | 0.0039 M| | Test 2: Unknown Determination Sample #76 Column1| Trial 1| Trial 2| Trial 3| Volume of Water Sample Used (mL)| 25| 25| 25| Initial buret reading (mL)| 1| 1| 1| Final buret reading (mL)| 14.8| 15| 14.9| Volume of EDTA used (mL)| 13.8| 14| 13.9| Moles EDTA| 5.3810^-5| 5.4610^-5| 5.4210^-5| Moles Ca2+ in sample| 5.3810^-5| 5.3810^-5| 5.3810^-5| Moles Ca2+ per liter| 5.3810^-4| 5.3810^-4| 5.3810^-4| Grams CaCO3 per liter| 0.054| 0.055| 0.055| Water hardness| 29.73| 30.61| 30.17| Average water hardness (ppm CaCO3)| | 30.17| | | | | | | | | | | | | | Calculations: Test 1: Calculate Mass of CaCO3 used in the reaction: 10 mL Ca2x 1L/1000mLx 1g/1L= 0.01 g CaCO3 Calculate Moles of CaCO3 0.01 g CaCO3x 1mole CaCO3/100.1 g CaCO3= 9.910^-5 moles CaCO3 Molarity of 250 mL of standard Ca2+ solution 9.910^-5 moles CaCO3/0.250 L= 3.9610^-4 M Ca2+ Moles Moles of EDTA Moles of EDTA=Moles CaCO3, 1 to 1 ratio. Molarity of EDTA Trial 1 (10 mL CaCO3 sol/25.6 mL EDTA @ end point)x (1L CaCO3 Sol/1000mL CaCO3 sol)x(1 g CaCO3/1 L sol)x(1 mole CaCO3/100.1g CaCO3)x(1 mole EDTA/1 mole CaCO3)x(1000 mL EDTA sol/1 L EDTA sol) = 0.0039 M Trial 2 (10 mL CaCO3 sol/25.5 mL EDTA @ end point)x (1L CaCO3 Sol/1000mL CaCO3 sol)x(1 g CaCO3/1 L sol)x(1 mole CaCO3/100.1g CaCO3)x(1 mole EDTA/1 mole CaCO3)x(1000 mL EDTA sol/1 L EDTA sol) =0.0039 M Trial 3 (10 mL CaCO3 sol/26 mL EDTA @ end point)x (1L CaCO3 Sol/1000mL CaCO3 sol)x(1 g CaCO3/1 L sol)x(1 mole CaCO3/100.1g CaCO3)x(1 mole EDTA/1 mole CaCO3)x(1000 mL EDTA sol/1 L EDTA sol) =0.0038 M Average Molarity (0.0039 M+0.0039 M+0.0039 M)/3=0.0039 M Test 2: Calculate moles of EDTA Trial 1 0.0138 L EDTA(3.910^-3 moles EDTA)= 5.8310^-5 Moles EDTA Trial 2 0.014 L EDTA(3.910^-3 moles EDTA)= 5.4610^-5 Moles EDTA Trial 3 0.0139 L EDTA(3.910^-3 moles EDTA)= 5.4210^-5 Moles EDTA Moles Ca2+ Moles of Ca2+ equals moles of EDTA Moles of CA2+ per liter Moles Ca2+ x 10 to get Moles per leter Trial 1 5.8310^-5 Moles EDTA(10)= 5.3810^-4 Moles Ca2+ per Liter Trial 2 5.4610^-5 Moles EDTA(10)= 5.4610^-4 Moles Ca2+ per Liter Trial 3 5.4210^-5 Moles EDTA(10)= 5.4210^-4 Moles Ca2+ per Liter Grams CaCO3 per liter Calculate by multiplying moles of Ca2+ by grams per mole of Ca2+ Trial 1 (5.3810^-4 Moles Ca2+/ 1L)(101.1g/1mole)= 0.054g/L CaCO3 Trial 2 (5.4610^-4 Moles Ca2+ /1L) (101.1g/1mole)= 0.055g/L CaCO3 Trial 3 (5.4210^-4 Moles Ca2+ /1L) (101.1g/1mole)= 0.055g/L CaCO3 Water Hardness Trial 1 (13.8 mL EDTA/25 mL sample)(1 L EDTA sol/1000 mL EDTA)(5.3810^-4 mol EDTA/1L EDTA)(1 mol CaCO3/1 mol EDTA)(100.1g CaCO3/1 mol CaCO3)(1000mg CaCO3/1g CaCO3)(1000mL Sample sol/1L sample sol)= 29.73 ppm CaCO3 Trial 2 (14 mL EDTA/25 mL sample)(1 L EDTA sol/1000 mL EDTA)(5.4610^-4 mol EDTA/1L EDTA)(1 mol CaCO3/1 mol EDTA)(100.1g CaCO3/1 mol CaCO3)(1000mg CaCO3/1g CaCO3)(1000mL Sample sol/1L sample sol)= 30.61 ppm CaCO3 Trial 3 (13.9 mL EDTA/25 mL sample)(1 L EDTA sol/1000 mL EDTA)(5.4210^-4 mol EDTA/1L EDTA)(1 mol CaCO3/1 mol EDTA)(100.1g CaCO3/1 mol CaCO3)(1000mg CaCO3/1g CaCO3)(1000mL Sample sol/1L sample sol)= 30.17 ppm CaCO3 Average water hardness (29.73+30.61+30.17)/3= 30.17 ppm CaCO3 Conclusion: The water hardness of a known and unknown sample solution has been determined by means of titration with disodium salt of EDTA to calculate the concentration of M2+ metal ion impurities in hard water in a process known as chelation. After running tests and calculating the water hardness in an unknown sample it was found that there was 30.17 ppm CaCO3 in the sample.

Distinctions Between International Law And Municipal Law

Distinctions Between International Law And Municipal Law George, the Chief Justice of Ruretania, has been invited to sit on the ICJ as an ad hoc judge in a case now before the Court. After many years dealing with domestic law issues, he is now experiencing some difficulty in assessing the material submitted to the Court by the parties. These materials include: a. An article in the American Journal of International Law written by an eminent jurist; b. Draft articles prepared by the International Law Commission; c. A decision of the Supreme Court of one of the parties to the dispute; d. A United Nations General Assembly Resolution; e. A Treaty to which only one of the parties to the dispute is a party; f. A statement by the foreign minister of one of the parties; and g. A previous decision of the ICJ. Draw up a detailed memorandum for George explaining the sources of modern international law and advising him in particular as to the weight he should attach to the above-mentioned materials as sources and evidence of international law, drawing upon doctrinal aspects, relevant court judgments and opinions of authors. Introduction One of the primary points of distinction between international law and municipal law may be drawn from the nature of their sources. International law has been described by authors as a decentralized system which arguably lacks a predefined and concrete structure which discriminates between potential sources as to their importance and value in the resolution of issues  [1]  . The international judge does not have reference to a constitution, codes of law or statutes as in the municipal scenario. This is due to the fact that in international law there is no compulsory jurisdiction and any rules which a state must abide to are the same rules which it has expressly consented to, either by way of its consistent practice in the formation of custom or else expressly in the formation of treaties. Technically speaking, such contractual arrangement usually creating mutual obligations by way of treaty are the only source of international which is by its very nature objectively binding upon states, a reflection of the pacta sunt servanda principle in domestic Civil Law. It is for this reason that the law of treaties has been held to be a primary principle for centuries. Custom, on the other hand is primarily a matter of evidence. Brownlie  [2]  speaks of a categorization between the formal and the material sources of law. The formal sources are the legal procedures and methods for the creation of rules of general application which are legally binding on the addressee such as international custom created by constant state practice and the law contained in treaties. The material sources, on the other hand, provide evidence of the existence of rules which, when proved, have the status of legally binding rules of general application, here one can include decisions of international courts or tribunals, resolutions of the General Assembly of the United Nations and possibly Doctrinal sources. Brownlie continues to argue that in reality, save the usefulness in academia, th e so-called elevation of formal sources do not really exist in international law  [3]  as this would create a hierarchy which is not actually present. The Statute of the ICJ  [4]  constitutes a generally accepted list of the sources of international law ascribed to by the court  [5]  : 38 (1)The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. An article in the American Journal of International Law written by an eminent jurist In order to help the Chief Justice of Ruretania in the performance of the new role of ad hoc judge in a case before the International Court of Justice, we need to give guidance on how to assess and use the contents of an article published in the American Journal of International Law written by an eminent jurist, that was submitted by the parties as part of the materials to be used as part of the deliberations of the judges. Article 38 of the Statute of the International Court of Justice lists the traditional sources of International Law, which include the international conventions of a general or a particular nature that are recognised by the parties to the case, international custom that is evidenced by general use and acceptance at law, general principles of law as accepted by civilised nations and as subsidiary means to establish these rules of law, the judicial decisions and the teachings of the most highly qualified jurists of the various nations. At the time of drafting, the term convention was used to mean any sort of agreement, however with the passage of time this term was redefined to make a specific reference to multilateral treaties. Without any doubt these written, accepted and published agreements are the primary source of law-making at the international law level. The only situation where any other rule takes precedence over a treaty is where the rules forms part of the jus cogens doctrine. Jus cogens is a normative rule that is generally accepted by the majority of states and from which no other state can expect to be given a derogation. It is also argued that the international custom as evidence of a general practice that is accepted by law is of equal validity and importance to the contents of treaties as new customs may replace previously agreed treaties and new treaties replace older customs. Article 38(d) of the ICJ statute specifically states that judicial decisions and the teachings of the most highly qualified publicists of the various nations may be used as subsidiary sources and the court is entitled to refer to these publications. This is subject to the provisions of Article 59 of the same statute. Article 59 states that the decision of the International Court of Justice shall have no other bearing or binding force except on the parties of the case in question. However as part of the courts decision, reference to other judicial decisions and to previously published works of eminent writers may be made. The works of prominent jurists and scholars are accepted only as secondary or subsidiary sources of international law but can be considered to be an essential element in the development of the rules that are included treaties, custom and the general principles of the law. More recently, the acts or resolutions of the various international organizations are also being considered as secondary sources of international law. Draft articles prepared by the International Law Commission In 1946, the UN General Assembly passed a resolution to set up a committee of legal experts to pass on recommendations to the UN Secretary General on the ways the General Assembly could proceed in the development of codification of international law. This Commission recommended that the UN sets up a permanent Commission with the same task. Thus in 1947 the UN set up the International Law Commission which has as its objectives the codification of international law as well as solving international legal problems  [6]  . The International Law Commission prepares drafts, according to Section 20 of its Statute  [7]  , which are requested by the General Assembly or by government, by an inter-governmental organization or by a UN agency or on its own initiative. When the matter is brought to its attention by the General Assembly, one of its members sits with the Commission as a Special Rapporteur. In order to finalise a draft the Commission prepares a plan of work, receives written opinions and suggestions from the governments and then puts these together into a final draft. This final draft is submitted to the General Assembly for its final approval. B.G. Ramcharan  [8]  describes the International Law Commission as the vehicle for systematizing consolidating, up-dating, adapting, and expanding the law, and for giving an opportunity to the States [] to participate in this process. In The Work of the International Law Commission  [9]  any draft is given a dual aspect. On the one hand there is the codification of existing law as well as the formulation of what the Commission considered to be desirable developments in the field. How effective are draft articles for George? Although draft articles prepared by the International law Commission are a good indication of the general opinion on an issue in the international sphere (due to the opinions submitted by the States), these provisions are not binding. Therefore a provision in a Convention or a decision by the ICJ has more binding effect. In fact the 1952 draft convention on arbitral procedure, although it was described as unexceptionable and as perfect from a technical point of view, it still was not accepted as the basis of a convention as the members of the General Assembly saw it as over-ambitious  [10]  . Conventions concluded by the UN on the basis of drafts prepared by the ILC include the Vienna Convention on the Law of Treaties, Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations, Vienna Convention on Succession of States in respect of State Property, Archives and Debts and others. Drawing a comparison between the draft articles of one of the above and the actual Convention, one can easily see that most of the draft articles are adopted into the Convention word by word. I have carried out this exercise for the first twenty articles of the Vienna Convention on the Law of Treaties. In this comparison I have found that the substance of the articles has to a large extent been carried on into the Convention. Moreover the General Assembly introduced four other articles but removed only one whole article and two sub-articles. From this exercise I can conclude that the draft articles, before the Convention was enforced, were a very good indication of the opinio juris on the matter especially due to the fact that states give their opinion prior to the drawing up of a draft. Therefore my advice to George would be that when he has to decide on a specific matter, first he should look into written legal provisions especially Conventions which have the most binding effect. If his findings are lacking he ought to see if the ILC has drawn up draft articles on the matter (since these are a codification of the unwritten customary law). Otherwise George has to look at the other sources of international law such as court decisions and the opinion of publicists on the matter as laid down in Article 38 of the Statute of the International Court of Justice. A decision of the Supreme Court of one of the parties to the dispute As the name indicates, the Supreme Court is the most important organ of the judiciary of the nation. However, within the international sphere, this position is taken up by the International Court of Justice. This does not reduce the importance of the Supreme Court, but its authority is merely superseded by a more senior court, which regulates conduct between states. Nevertheless, there is a theoretical issue which divides this are into two schools of thought: dualism and monism. Dualist doctrine points to essential differences between international law and municipal law. This consists primarily in the fact that local legislation differs from international law in a fundamental way as international law regulates law between sovereign states whilst municipal law applies solely within a state and regulates the relationship between the citizens of a state and its executive.  [11]  This theory was espoused particularly by the German jurist Heinrich Triepel, who argued that in case of conflict between municipal and international law, a court would apply municipal law.  [12]   On the other hand, monism was espoused by jurists who believed in the supremacy of international law even within the municipal sphere. International law is seen as the best available moderator of human affairs, and a logical condition of the legal existence of states.  [13]   However, these theories were criticized on the basis that they hold conflicting views with the way that international courts ought to behave. Nevertheless, a state cannot refrain from its international obligations citing municipal law, as provided in Article 27 of the Vienna Convention which states that A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty.  [14]   Municipal law is also relevant in international law as has been demonstrated in numerous cases. In fact, many instances in international law require concordance with municipal law to function correctly, such as in cases related to extradition and protection of human rights, as well as treaties. Municipal law is important to such an extent that it can be used to determine cases in international tribunals. In the Serbian Loans Case  [15]  , the Permanent Court considered whether it had jurisdiction under its statute in a case where the point at issue was a question which had to be decided by the application of municipal law. It concluded that the duty of the Court was to exercise jurisdiction when two states agree to have recourse to the Court. The Court weighted the case and decided to apply Serbian law in this case. The role of municipal law in international law was closely examined in the case concerning Certain German Interests in Polish Upper Silesia.  [16]  In this case, the Court observed that it was not called upon to interpret Polish law, but there was nothing to prevent the Court from judging whether Poland was acting in conformity with the Geneva Convention. Brownlie states that this statement indicates that municipal law can be considered as something which can create international responsibility. The general proposition is that international tribunals can take account of municipal laws only as facts to further discussion.  [17]   Brownlie also states that in the practice of the International Court and other international tribunals the concept of municipal law as mere facts had six distinct aspects  [18]  . These aspects are: Municipal law may be evidence of a violation of a rule of treaty or a customary law Judicial notice does not apply to matters of municipal law, as the international tribunal will require proof of the existence of municipal law In accordance with the Serbian Loans case, interpretation of municipal law by national courts is binding on an international tribunal Municipal law must be applicable to an extent within international tribunals International tribunals cannot declare the invalidity of municipal law and respect domestic jurisdiction International law may designate a system of domestic law as the applicable law  [19]   Thus, given that in some cases international courts may apply municipal law, George must not discard totally the decisions of the Supreme Court, but must use it in order to help him with the case he is assigned to. Nevertheless, international law still supersedes municipal law, as provided in Article 27 of the Vienna Convention. The United Nations General Assembly Resolution Hon. Chief Justice, in order to understand better what is a United Nations General Assembly resolution, it would be ideal to start by providing you with a short and background information on the General Assembly itself. The United Nations General Assembly is one of the five principal organs  [20]  of the United Nations and the only one in which all member nations have equal representation. This means, that since there are 192 member states in the United Nations, each and one of them is a member of the General Assembly. Each member of the General Assembly has one vote and important matters such as the elections of members, peace and security, budgets, and the suspension/discharging of members, is done by a two-thirds majority of those present and voting. Other recommendations which are considered to contain less weight, are decided by a majority voting. As stated in the official website of the UN, the General Assembly meets under its president or secretary general in regular yearly sessions, the main part of which lasts from September to December and resumed part from January until all issues are addressed (which often is just before the next sessions start). It can also meet for special and emergency issues. The Presidency rotates annually and the President is voted for by the same members of the United Nations. It is customary that the largest and most powerful countries, such as China, do not hold the presidency. On the other hand, countries such as Luxemburg and Switzerland, although small, had the presidency in the 1970s. It is therefore important to point out that even Malta held the Presidency back in the 1990, when the general assembly elected Dr. Guido De Marco as president of its forty-fifth session. Although the power of the President is limited, he may accomplish much through his personal influence and political adeptness.  [21]   The UN General Assembly Resolution The General Assembly votes on many resolutions brought forward by member states. It is interesting to appreciate that since 1945, at least 9229 resolutions spanning a vast and varied range of international issues have been adopted by the General Assembly.  [22]   Whilst this record of the General assemblys formal concern, considerations and expression of views is indeed impressive, the fact remains that, except for budget and membership questions, General Assembly resolutions are not legally binding on member states.  [23]   The legal competence of the General Assembly to consider legal matters flows from the UN Charter. Article 10 gives the General Assembly the authority to discuss and make recommendations on any matter within the scope of the Charter, either to the United Nations membership generally or to the Security Council in particular.  [24]   In addition, the charter imposes two major restrictions on the General Assemblys powers to discuss and make recommendations. The first is embodied in the principle set out in Article 2, paragraph 7 of the charter, which prohibits the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state and the second restriction is found in Article 12 of the Charter, which states that the General Assembly shall not make any recommendation while the Security Council is exercising its functions in respect to any international dispute. However, although this might suggest that the General Assembly has no powers at all, resolutions have frequently been the origin of multilateral treaties drafted and promulgated under UN auspices.  [25]  General Assembly declarations had sometimes evolved into conventions adopted by the international community. Prominent among these declarations are those dealing with the use of forces back in the 1960s.  [26]   Hon. Chief Justice, it is therefore important for you to know that back in the 1970s Malta was also involved in a very important resolution, embedding principles related to the seabed and its resources. In fact, it was Arvid Pardo, a Maltese diplomat, who initiated a fifteen year process which led to a near-unanimous passage of General Assembly Resolution 2749  [27]  . The principles brought forward in the resolution were later incorporated in the Law of the Sea Convention. This eventually proves that although resolutions are not binding, they may influence the nature and substance of international law in many ways and may also have legal force if they are regarded as statements of customary international law. The General Assembly thus is not a World legislature. It does not codify laws or norms even though they are adopted unanimously and without any formal opposition. General Assembly resolutions are merely recommendations however the General Assembly can function as an instrument to collect and shape up into tangible form the international communitys customary norms. State practice then becomes the main factor determining whether General Assembly resolutions give rise to new norms of international law or remain merely recommendations. Such new norms subsequently are codified into recognized principles of International Law through the promulgation of special conventions adopted by the General Assembly and approved by the required number of parties. A Treaty to Which only one of the parties to the dispute is a party A treaty is an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation  [28]  . They are generally held to be an ever-increasingly important source of international law and are a key towards the ends of developing a system of peaceful cooperation amongst states irrespective of their domestic legal particularities  [29]  . Since 1945, over 33,000 treaties have been deposited with the UN  [30]  . In Art.38(1)(a), the Statute of the International Court of Justice makes reference to international conventions establishing rules which are expressly recognised by the contesting states which may either be general or particular in their application. This article gives a very wide definition which seems to include not only bilateral and multilateral treaties but also any form of international agreement in any form. It often happens that the language of a treaty which is presented before the court as a document containing rules recognised by the states in dispute is not always manifestly clear and precise as to make it clear whether such treaty is actually applicable to the circumstances of the case. The court will proceed to interpret the instrument, therefore determining its scope and effect and applicability to the dispute in question. According to Art.36(2)(a) of the Statute of the ICJ, states may at any time and by common accord, recognise as compulsory the jurisdiction of the court in the resolution of several legal disputes which might arise between them, amongst these, the Statute mentions the interpretation of a treaty. In any case, the Vienna convention lays down that treaties must always be interpreted in good faith and in accordance with the ordinary meaning of the words contained within, given their context within the treaty  [31]  . The norm in public international law is that a treaty creates rights and obligations only between its parties, therefore third party states are not bound by any treaty which they have not individually entered into. This notion is best expressed by the maxim pacta tertiis nec nocent nec prosunt  [32]  . Art.34 of the Vienna Convention states that a treaty does not create either obligations or rights for a third state without its consent. This reasoning had already been confirmed in the earlier case dealing with the German Interests in Polish Upper Silesia  [33]  back in 1925. In this case, the PCIJ stated that a treaty only creates law as between states which are parties to it; in case of doubt, no rights can be deduced from it in favour of third states. There are however some slight exceptions to this otherwise general principle. A norm which was originally confined to a treaty between a limited number of states may eventually become part of international custom through state practice and therefore achieve general application  [34]  . The position at international laws appears to be clear enough in regard to cases where obligations are imposed on states which are merely third parties two treaties entered into by other states. The situation may tend to differ in cases which concern the granting of rights to third parties. The question is over when, if at all, such a right becomes complete and enforceable by the third party state. According to Brownlie and McNair amongst others, the general rule is that the third state only benefits in this sense if it expressly or implicitly assent to the creation of the right.  [35]  The corollary is that the third state may refuse the right either explicitly or else simply by failing to exercise the alleged right. On the other hand, if a third state has accepted a right, the right cannot be revoked by the actual parties to the treaty if it can be established that the right conferred was not originally intended to be revocable, save the third states freedom to consent to such revocation or limitation  [36]  . Strictly speaking, in the case brought before Judge George the matter of there being a treaty to which only litigant (A) is a party does not have a bearing on the relationship between states A and B in litigation since B is clearly a third party to the treaty and is therefore outside the scope of any rights or obligations created or conferred by the treaty provided that B had not consented to any obligations created by the treaty or else accepted any rights arising from the same. A statement by the foreign minister of one of the parties Parliamentary statements are one of the modes to detect a state practice and the position a state takes in the international plane. The foreign minister on a number of occasions may be asked to elucidate the states position on a particular issue of an international concern, thus parliamentary statements, can evoke a particular state practice. A state practice is a general practice which is normally accepted as law. The other limb is that this state practice must be accepted as law and this is what we call opinio juris sive necessitatis. This opinio juris sive necessitatis is what authors refer to as the psychological element of states, this is because the state practice has to be accompanied by the intent which represent why the state acts in that particular manner. This means that parliamentary statements and therefore ministers statements in the international court of justice reflects and determine the state practice and what its position is. The Position of the Minister in the ICJ Another important thing that we must notice is that the International Court of Justice deems the position of foreign Ministers to be of a very important nature. This is illustrated in Belgium VS Congo delivered by the International Court of Justice on 14th Febuary 2002 where it implied that customary international law grants to foreign ministers as long as they hold their office the advantage of absolute jurisdiction and inviolability. The reason behind this is for the international court of justice to ascertain performance of the very importatnt functions that foreign ministers excercise when they represent their states. This clearly points out that the international court of justice gives a lot of importance to the position of the foreign minister in the international court of justice but the question that arises is Does it give the same importance to their statements? One must begin by saying that for a statement of foreign minister to be accepted and taken into consideration it must be in accordance with international law. In fact a point that was revealed in Military and Paramilitary Activi

AllQuiet on the Western Front :: essays research papers

All Quiet On The Western Front, written by Erich Maria Remarque, takes place in France during World War I. Paul Baumer, the narrator, was a young man who was fighting for his country, Germany. Paul was only 18 years old when the book first begins. Remarque starts the story with Paul and all of the soldiers in his company just finished with heavy front line fighting against the English and the French. He goes on in the story to explain the life of a soldier in World War I. Sometimes it was scary, funny, sad, boring, dirty, upsetting, life-threatening, but throughout ones company there was a special togetherness between the men in that company.   Ã‚  Ã‚  Ã‚  Ã‚  Paul was a young man just out of school when he enlisted to fight for â€Å"the Fatherland,† Germany. One of his good childhood friends, Franz Kemmerich, volunteers with him to become a soldier and becomes Paul’s first experience with death when he dies from a leg amputation early in the war. Paul sat by him and watched him slowly pass away and realizes that war is real and brutal.   Ã‚  Ã‚  Ã‚  Ã‚  Paul finds comfort with the other men in his company including Albert Kropp, Muller, and Tjaden; but the most important fellow soldier was Kat. He was a veteran soldier who knew how to survive in a war and with loss. He gave lots of advice and support to Paul during these rough times.   Ã‚  Ã‚  Ã‚  Ã‚  The setting of this story takes place in France and Germany during the years 1916-1918. Remarque, the author was a veteran soldier in World War I, and he had experienced all of what Paul goes through.   Ã‚  Ã‚  Ã‚  Ã‚  He vividly illustrates life in the trenches. I could picture the dirt, the mud, the earth, the rats. I could imagine the shells going over my head missing my trench by inches, and he bullets whistling by my ears and just missing me. He explains how you may have long days off with no fighting and you have plenty of time on your hands to where the next day you get no sleep and are shooting for hours at a time.   Ã‚  Ã‚  Ã‚  Ã‚  Both the fighting and the down time help these men create a camaraderie that only they understand between each other. This bond between them comes about because of many different reasons. One of these reasons is because they are fighting on the same â€Å"team† against an enemy (the French and English). And if they want to accomplish their goals they have to depend on each other to do so. They are a team, a AllQuiet on the Western Front :: essays research papers All Quiet On The Western Front, written by Erich Maria Remarque, takes place in France during World War I. Paul Baumer, the narrator, was a young man who was fighting for his country, Germany. Paul was only 18 years old when the book first begins. Remarque starts the story with Paul and all of the soldiers in his company just finished with heavy front line fighting against the English and the French. He goes on in the story to explain the life of a soldier in World War I. Sometimes it was scary, funny, sad, boring, dirty, upsetting, life-threatening, but throughout ones company there was a special togetherness between the men in that company.   Ã‚  Ã‚  Ã‚  Ã‚  Paul was a young man just out of school when he enlisted to fight for â€Å"the Fatherland,† Germany. One of his good childhood friends, Franz Kemmerich, volunteers with him to become a soldier and becomes Paul’s first experience with death when he dies from a leg amputation early in the war. Paul sat by him and watched him slowly pass away and realizes that war is real and brutal.   Ã‚  Ã‚  Ã‚  Ã‚  Paul finds comfort with the other men in his company including Albert Kropp, Muller, and Tjaden; but the most important fellow soldier was Kat. He was a veteran soldier who knew how to survive in a war and with loss. He gave lots of advice and support to Paul during these rough times.   Ã‚  Ã‚  Ã‚  Ã‚  The setting of this story takes place in France and Germany during the years 1916-1918. Remarque, the author was a veteran soldier in World War I, and he had experienced all of what Paul goes through.   Ã‚  Ã‚  Ã‚  Ã‚  He vividly illustrates life in the trenches. I could picture the dirt, the mud, the earth, the rats. I could imagine the shells going over my head missing my trench by inches, and he bullets whistling by my ears and just missing me. He explains how you may have long days off with no fighting and you have plenty of time on your hands to where the next day you get no sleep and are shooting for hours at a time.   Ã‚  Ã‚  Ã‚  Ã‚  Both the fighting and the down time help these men create a camaraderie that only they understand between each other. This bond between them comes about because of many different reasons. One of these reasons is because they are fighting on the same â€Å"team† against an enemy (the French and English). And if they want to accomplish their goals they have to depend on each other to do so. They are a team, a

Winstons Predicament in 1984 Essay -- 1984 Literature George Orwell E

Winston's Predicament in 1984 The dystopian world George Orwell created for 1984 is a bleak, emotionless place, grey shaded and foul smelling, full of hate and distrust. The humans that inhabit it do not live, they are simply expected to exist for the good of the sinister Party, a totalitarian government, while their leader gazes down at them from every wall, watching their every move. One of these humans, and our protagonist, is Winston Smith. His problems when simplified may seem like the problems of any other person: his lack of freedom, his repressed emotions and his desperate loneliness. These problems however, are exasperated by the society he lives in. 'Thought crime', punishable by death, goes so far as to prohibit freedom of thought, nevermind speech. The Party want their people to be simply hate machines, incapable of love or even original thought, it wants them to live by slogans instead of natural instinct .By the end of the first chapter Winston believes that what he is thinking and feeling will eventually get him killed, and by the middle of the book he takes to repeating the dogma "we are the dead". Right from the beginning we see this fatalist thinking in all Winston does, as if he lives his whole life under a self imposed death sentence. At times it seems he actually does know he will be caught and has just trained his mind to accept this as inevitable. He knows the illegal diary he keeps will be read and could be used to prove him guilty of thought crime, with its scribbled missives of "down with Big Brother" and "hope lies in the proles", and yet he carries on writing in it, pouring out his restrained feelings onto the 'creamy smooth' paper. His lack of trust in communications with ... ...escribes the Party's idea of the perfect future society to Winston: "a boot stamping on a humans face - forever". Its now we realise that despite Winston's death, this will happen in that world if things carried on as they were. It's at this point that nearly all hope is lost. Next is the betrayal of Julia, the one last thing keeping Winston going. It is a certainty by now that there will be no happy end and that Winston will die and life outside in Air Strip One will remain the same. Winston's predicament is not then to do with love and loss, it's to do with futility. For all he did, for all the rules he broke, for all the rebellion he thought and wrote, nothing changed. The Party remains in power and no future generations were saved. Despite all his good intentions Winston dies broken, hopeless and loveless, a "non-person" who as good as never existed.

O Lazer :: ensaios

Este ensaio trata dos conceitos de lazer, que à © um dos requisitos que integram a existà ªncia dos seres humanos. É por meio dele que os indivà ­duos encontram o prazer, o bem-estar, a sensaà §Ãƒ £o de liberdade e muitos benefà ­cios para a saà ºde fà ­sica e mental. Breve histà ³rico sobre o lazer As civilizaà §Ãƒ µes antigas jà ¡ utilizavam um conceito rudimentar de lazer como atividade de descanso e distraà §Ãƒ £o. Roma, Grà ©cia, Antigo Egito, iniciaram tradià §Ãƒ µes que sobreviveram aos sà ©culos e atà © hoje integram o rol de eventos e mecanismos de lazer. Em Roma, os jogos, no campo e na cidade, alà ©m de serviam a propà ³sitos religiosos, de acordo com a à ©poca do ano e o deus a quem homenageavam, tambà ©m constituà ­am lazer. Em qualquer dos casos, os dias sequenciais de jogos, exibià §Ãƒ £o de danà §as lascivas, muito vinho, desordem e mà ºsica eram atividades de lazer. As termas e banhos, o teatro, os encontros no Forum – local basicamente composto de comà ©rcio, prà ©dios administrativos e praà §a pà ºblica – eram outras formas de obtenà §Ãƒ £o de descanso e prazer. Em Roma e na Grà ©cia antigas o teatro tambà ©m surgiu como forma de homenagem aos deuses e lazer, na primeira com as comà ©dias e pantomimas e na segunda com as tragà ©dias. Na Grà ©cia, os jogos apareceram entre os soldados e os jovens com o propà ³sito de manterem a forma e, mais tarde, foram transformados no Festival Olà ­mpico, que acontecia de quatro em quatro anos, com finalidades religiosas e de agregar as 160 cidades-estados, uma vez que a Grà ©cia nà £o tinha uma unidade polà ­tica. Os jogos eram realizados na cidade-estado de Olà ­mpia, que recebia â€Å"turistas† de toda a Grà ©cia. Os gregos nà £o tinham tempos de lazer, e os festivais religiosos, incluindo o Festival Olà ­mpico, era visto, tambà ©m, com esse fim. No Antigo Egito, a diversà £o era separada por classes e idade. Para os nobres, principalmente os jovens, a pesca e a caà §a no rio Nilo e a caà §a no deserto eram garantia de diversà £o. Ainda havia a luta e a nataà §Ãƒ £o, esportes populares apreciados pela populaà §Ãƒ £o em geral. Passeios de barco e pesca em famà ­lia eram muito praticados. A caà §a dos animais do deserto representou uma contribuià §Ãƒ £o modesta à   economia egà ­pcia, e logo se transformou em um esporte de ricos [...] A pesca com arpà £o e vara era realizada normalmente em pequenas balsas de papiro, o que era considerado uma agradà ¡vel diversà £o. A caà §a do hipopà ³tamo era, provavelmente mais que um esporte e sim um trabalho necessà ¡rio.

John Fitch

John Fitch was a great inventor and his ideas helped us today. He also was a clockmaker and bronze smith. He invented the first steamboat and the steam locomotive railway. Here are some facts on John Fitch inventions. John Fitch was born in Windsor, Connecticut on a farm. This farm is part of present day South Windsor, Connecticut. He had schooling from a clockmaker. Opened a brass and silversmith business in Trenton, New Jersey and succeeded until the American Revolution. In addition, he served the army for a short time and then started a gun factory. He also considered selling tobacco and beer to the continental army.After this he was surveying the Northwest Territories he was captured by Indians. Later was turned in to the British. British then released him and he started working designing steam powered ship. He was unable to get funds from the Continental Congress, so he found new investors and persuaded them. These investors gave him a 14 year monopoly. John Fitch saw some Briti sh steam engines drawings. But he had to build his own steam engine because he lacked money and was too difficult. John Fitch built many successful models with the help of Henry Voight. Henry Voight was a watchmaker; he constructed a 45 foot steamboat.The first trial run of this steamboat was in the Delaware River. The delegates of the Constitutional Convention were there to see the trial run. John Fitch constructed four different steamboats between 1785 and 1796 that successfully plied rivers and lakes. John Fitch demonstrated the feasibility of using steam for water locomotion. His models utilized various combinations of propulsive force, including ranked paddles, paddle wheels, and screw propellers. This steamboat was propelled by oars on the sides. The following years John Fitch build a 60 foot steamboat. It was powered by a steam engine that drove several stern mounted oars.This ship carried up to 30 passengers to round trip voyages. It went between Philadelphia and Burlington, New Jersey. After this invention John Fitch was granted a patent after the battle with James Rumsey. James Rumsey had an invention that was similar to John Fitch’s invention. Unfortunately the patent commission did not award the broad monopoly John Fitch asked for. But the patent did award James Rumsey and John Stevens for their Steamboat designs. This caused John Fitch to lose his monopoly and investors leaving his company. Although his steamboats still worked and run successfully.He did not focus on the construction and the operating cost. He did not have the chance to explain the economic benefits of steam navigation. Later on John Fitch’s ideas was turned profitable by Robert Fulton. Although, Robert Fulton got a patent from New York because of his partner’s powerful influence Robert Livingston, Robert Fulton was unable to get a patent from the US patent. He was unable to do this because one of John Fitch’s companies, William Thornton was the clerk o f the patent office and bitterly opposed him. But John Fitch had a patent from France and was credited more than Robert Fulton for the invention of the steamboat.In addition, John Fitch invented the steam railroad locomotive in 1780. He showed a little of his model to the president George Washington and his cabinet in Philadelphia. In Ohio Historical Society Museum still has a model of the railroad locomotive. John Fitch was eager to work with rail locomotive, but soon his ideas were forgotten. Without John Fitch contributions to the steamboat and the steam railroad locomotive we would not have ships. John Fitch was a great American inventor that was ignored. He was ignored because the investors didn’t give him the patent he asked for.In 1802, the Englishman Richard Trevithick invented a full-size steam locomotive. This locomotive would soon haul the world's first locomotive-hauled railway train, and within a short time the British invention led to the development of actual r ailways. Americans ignorance of John Fitch's pioneering invention a quarter of a century earlier, began importing English locomotives and copying them. Many of John Fitch’s ideas were copied and they get all the credit, because he lacked money to pay for a company. A memorial to John Fitch stands in Bardstown, Kentucky's Courthouse Square.Here he lies with complete replica of his first steamboat. John Fitch Monument also stands in Warminster Township, Pennsylvania at the spot he first developed the idea for a steamboat. John Fitch High School was built on Bloomfield Avenue in Windsor, Connecticut in the 1934. It became an elementary school in the 1950s. The building was converted to elderly housing in the 1990s, but its facade still bears John Fitch's name and likeness carved in stone. It is listed on the National Register of Historic Places.Sources 1) Encyclopedia 2) About. com 3) Google 4) Ask. com 1. njlh 2. jjn

Frankenstein: Social Construct Essay

Although written in the 19th century, Mary Shelley’s Frankenstein has many themes that are still relevant today. Frankenstein, though it was sparked as a simple nightmare, is depicted as a social commentary. The rules of society remain the same, despite the two hundred year difference in time. The norms were being changed over time, yet they remained to those who decided to reject the social changes. Those people are rejected from society, and hold immense hatred because of the said rejection, and that hatred morphs their person. As this happens in the novel, Frankenstein turns into the monster everyone claimed him to be. With rejection, bitterness is sure to ensue, especially as human nature makes humans very sociable creatures. Shelley makes other social remarks concerning human nature, religion vs. science, and creation that are still holding strong through the years and remain true today. As previously mentioned, the townspeople treated Adam (the name the Frankenstein monster gave himself) in such a way because he had resembled a nightmare-riddled monster, and thought they could treat him as such because his looks justified it. He looked like a monster, therefore he did not have a soul. It is something classified as dogma or a social belief: people will accept as such without a second thought. As this is human nature, one will only act a certain way towards another from their personal appearance, in example: If the person looks weak, they will be treated as such. In another example, if a young man comes across feminine in the very least way, he is branded as a homosexual and is treated as such. People do not try to expand their minds and accept others, this being one of the major distinguishing and disgusting part of. With a society that has a mixture of everything and anything, saying that something is not exactly â€Å"normal† is just a distortion, as not one person could truly know what â€Å"normal† would be like in a society. But not only is the monster in Frankenstein judged for his looks, he is also judged for coarse manner of speech and his generally unrefined character. He manages to dwell in extreme natural temperatures, and exists on a different diet. Being superior to the average human in every way except appearance, Adam is a super human. On human standards, the Adam is not attractive or even acceptable, he is considered to be deformed and is outcasted. As is correct in the given time period, the monster is persecuted on how he looks and is constantly hunted down or harassed. Appearance is one of the fastest ways to see a societal difference, be it skin colour or hair colour. Social exclusions do not just limit themselves to being based on appearance only, though. Not only was human nature depicted in Frankenstein, but creation was as well. Victor is depicted as a god-like figure to Frankenstein, as the man is his creator and appreciates him as such. Also, Frankenstein feels that he has been abandoned and turns resentful and ruthless. Victor, being his creator/parental figure and rejected him so readily, gave Adam the motives, the want to cause pain to people because he could. This is a comment on how some feel abandoned by their godlike figures or parents in one way or another. By being surrounded by a strong disapproving society, who believes that whatever God created should be marveled at in wonder and not poked, prodded, or measured in any way, It is believed that everything their God created is perfect in every way, regardless of mishap or disfiguration. Judging by the definition of creation, and the fact that Frankenstein did not have the same creator as normal society, Frankenstein is different, and obviously then ostracised. But creation is not just limited to bringing a new life into the world, but something composers, artists and writers do as well. Creation is truly a burden to carry, or can be the thought that inspires one to pursue creation. It is almost like an illness that cannot be corrected or cured. Creation is a beautiful sickness, and yet a destructive one at the same time. This sickness is the same sickness that had created breathtaking symphonies by Bach and Beethoven, and also was the same sickness that lead Anne Sexton and Kurt Cobain to their early deaths. This sickness is born again as the monster; he is also infected by it. Victor worked madly to complete his creation, the monster, only to realize what he wanted did not turn out as he planned it. He tortured the monster and the monster fled, where the monster could do the same to others as his creator did to him. It is the same concept of a parent teaching their offspring, or of a God passing down beliefs to his followers. In Frankenstein, Victor had lost his faith. With that loss of faith in religion, he pursued the science aspect, and was then despised and then rejected for it. With the large variety religion has, Victor chose to abandon them all and push for the more probable aspect of things. He pursued to push nature to its limit in a way that is frowned upon by most religious followers, although science deems that to be okay. Religion and science have always been up against one another, both sides determined to prove that they are correct. Religion has many branches, with Christianity being one very significant aspect. Christians tell the world that God is the one who had created the earth and everything that lives there, although Science tells us that it was the Big Bang which created the earth. This is a huge battle between science and religion. Christians also say that God created man and from that the population today was created. However, science will argue that it is evolution that sparked the creation of man, and that everything was once something simpler before, and it grew smarter and stronger and became what it is today. Both religion and science disagree with one another. While religion is based on of faith and has no proof aside of text and interpretation, science is based on proof of theories solely. Although the two have differences that are never going to be resolved within the next century, they can manage to cooperate with each others’ difficulties. But there are also major instances where a resolution would not be exactly what is needed. Science has proven that there is, in fact, a gene that homosexuals have that make them homosexual, and are indeed born with it. Religion, Christianity in particular, believe that it is a disease and can simply be forgiven once the said â€Å"victim† has pleaded for forgiveness and can be â€Å"cured†. Religion seeks justification and science seeks answers. With religion’s ideology and need for uniform social understanding, people will blindly act without seeking to understand the whole situation. With pure â€Å"seeking of truth† people will not stop to wonder if it is a good or bad situation, and if it is something that needs to be sought out. People who are purely scientific will ignore what is not present in the evidence, no matter how obvious it may appear. They will ignore things that they cannot observe to be â€Å"true†. People who base their lives on what they â€Å"know† or have been told do not seek to understand precisely why is it how it is, and potentially stray from their path of righteousness, despite being faced with evidence that discredits their belief. The perfect compromise between the two based on the evidence is that one must both follow their own heart, their own intuition and what one has been taught, yet one also must seek new truths and be willing to adapt. Frankenstein is a novel holds a plethora of themes of human nature; the moral and immoral, creation, and religion versus science. These three major themes then are still major to today, and are constantly being used as examples in modern society and psychological affairs. This is why Frankenstein is such a timeless piece and can always relate to the current times. As a classic, is distinguishes a certain period in time where these things were relevant, and sent a shock throughout society, something that we now appreciate and use when teaching. Creation is a valued as a sickness that plagues a man’s mind with either beauty or destruction, the same sickness that had plagued Victor’s mind while creating Adam. Human nature pushed Adam to harm others and fear for his own life countless times. Religion versus science is a never ending battle between the two, even to this day. The classic novel, Frankenstein, has many themes that are absolutely timeless and still relevant today, which is what makes it so valuable, and allows others to learn from it and understand the social psychology behind the story and how it still applies to the times now.