Tension is growing in the South China Sea over the sovereignty of the Spratly Islands. The small island chain, less than four square kilometers total, is claimed by six different countries including China, Taiwan, Vietnam, Malaysia, Brunei, and the Philippines. Originally the islands were only used for fishing, but after significant oil and natural gas reserves were discovered, the ownership of the islands became hotly contested.
As China grows as both a global and military powers, the world will watch to see how it handles this situation. Will it rely on diplomacy? Or will it put its rapidly growing navy to use? Will China follow the stipulations of the 1982 United Nations Convention on the Law of the Sea?
http://www.guampdn.com/article/20111102/OPINION02/111020335/China-sovereignty-vs-international-law
Monday, November 7, 2011
Sunday, November 6, 2011
Turkey and Rape
The appellate courts in Turkey just managed to outrage the people of the world, thus proving that they are the equal of any judicial system in the world. Turkey changed it's rape laws to include what essentially amounts to a statutory rape provision for girls and boys under the age of 15. This evidently does not matter to the Turkish courts who decided that the older rape law should apply to the 26 men who raped a 13 year old girl. The court justified this decision by arguing that the new statute did not take effect until 2005 whereas the older statute was in effect at the time of the initial accusations in 2002. For their part the courts have said that this is simply a matter of Turkish law and that it is out of their hands. The Union of Turkish Bar Associations has a different and contradictory view. So ensues a classic clash between the letter of the law and the spirit of the law. This ruling can be appealed. What should the Turkish courts do? Is it appropriate for the judicial system to bow to societal pressures when the law of the land may be contradictory to those pressures? Did the courts make the appropriate ruling given the current laws of Turkey?
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