Unocal Case: Revolutionizing World & Protecting Human Rights - Essay Sample

Facts of the Case

The Unocal case forms the most fundamental turning point in the history of mankind during the revolution of the world by ensuring that the social responsibility of people activities was respected by the corporates. The Unocal case contributed to the mobilization of ensuring the individual rights were respected through the development of permanent public relationship campaign whereby both social, as well as the human right activities to the public, were presented. Through it, federal judges, legal grounds for fighting forced labor were developed. Based on the judge's comparison between the forced labor and slavery that is much prohibited in jus cogens, the two were equated.

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The Thesis of the Article

However, Based on these revisited Unocal case on the Differences between forced labor and slavery in international law, the article places dought on the Unocal judges who identify forced labor equal to slavery. Hence, the article aims at the reasoning of the two Unocal judge comparisons and establishes a legal means of abolishing slavery which they think has not yet been eradicated in international law and in turn to abolish forced labor.

Laws Used by the Author in Argument

Base on the article, the author uses various law quotes in his arguments. For instance, the Author recognized in the Japan Labor court in World War II era and in the District Court in the California North whereby indirectly, forced labor was included in the slavery for ATS purpose, the court declined to agree whereby the clarified slavery as a constitution of violation of jus cogens.

Two cases which shaped the lawBased on the law used by the argument regarding the case, the Author utilized two cases in shaping his established law. For instance, comparing the law disagreement by the District Court in the Northern California of classifying forced labor as slavery which is prohibited by jus cogens, the court of Iwanowa evaded the qualifying of forced labor as a defilement of jus cogens. In return, it even stated that "the case law and statements of the Nuremberg Tribunals unequivocally established that forced labor violated customary international law "(Krakauer, 1997). The judge did not further see the need to go ahead; rather he established a violation of national law despite his enumeration and examined different characteristics of jus cogens whereby he classified forced labor and slavery in an interchangeable way.

While, in the case Japanese hearing case of World war II, whereby the inclusion of implicitly forced labor in the slavery definition, the same outlook stated in a paragraph during the proceedings that "it remains unclear whether all jus cogens norms meet the 'specific, universal and obligatory standard' required to be actionable under section 1350 (Blake, 2001)." This is because the standards were just adopted by the Supreme Court in the Sosa decision of 2004, the Author recommends a revisit to the contested notions regarding forced labor through critically looking at the present international law relating to slavery and forced labor and establish the degree at which the adopted international laws are respected by the federal court of Unocal.

Two laws which shaped the regimeHowever, despite the existence of disagreement of forced labor classification as slavery, the regime of slavery and forced labor came to be aligned through slavery abolition in the laws of international. Two main laws were applied to ensure the behavior was curved.

a) Western Slave Trade Proscription

More than three hundred agreements were addressed between 1815 and 1957 that aimed at eradicating slavery which was seen as the first realization of human rights protection by the treaties on international laws (Rassam, 2005).

b) The league of Nations and the 1926 Slavery Convention

During this time the first treaty to ban the slave trade in general term globally consisted of the convention of suppressing slavery. The agreement was reached through negotiations and fact findings that aimed at bringing to an end the written customs of the country for everything that admit being maintained by a private person over another individual(League of Nations, 1926). After the discussion among the League of Nations, a legalistic sociology tradition followed with slavery as a kind of social relationship between persons depending on the property right. As a result, the notion of forced labor and slavery was differently conducted and even placed in a hierarchical manner.

Effectiveness of Existing Law

Prior to the previous law that only based slavery as an agreement between private individuals, the current existing laws regarding forced labor and privacy Proves to be more effective in protecting the right of a person in that the established legal policies are critically defined in a legal document (Jenny, 2008). Compared to the previously established laws on slavery where the issue of forced labor was not keenly regarded, the existing laws classify the issue of forced labor that according to the United Nations would be offered to lawyers for grounding of human rights depending on the arguments.

Fundamental changes in existing international law in the issue area over the last fifty years.Despite the end of slavery among the nations at the end of the 19th century, the issue of forced labor took part in replacing slavery. This came to occupy a large portion since the action was not recognized in any earlier laws regarding human rights. However, with the introduction of the current international law, several fundamental changes were adapted in 1957 by more other countries, which also involved the making of the treaty as well as the legal commitment but still, the issue of forced labor remained as a barrier between some treaties who never found any reason to debate anything related to the global eradication of forced labor in the setting of the international organization. However, in the year 2006 when the International Court of justice in the first time concretely expressed and confirmed the jus cogens existence that for a long time had been resisted, It was at this time a mention of genocide prohibition was announced in history despite an attempt by the court to base any decision regarding jus cogens in the past (Gideon, 2012).

Changes strength on the legal regimeBased on the established fundamental changes in the existing international law, the move strengthened individual rights and relieved most of the people from the ropes of forced labor. Through reflecting at the American law institute, it proposed a list of practices that violate the jus cogens which consisted of slavery, murder, causing disappearance of a person, degrading treatment, torture as well as discrimination. Through the declaration of these actions by the United State of America as part of the human rights violation, several individuals who were held captive were freed to freedom.

Gaps in existing lawHowever, despite the introduction of changes in the current international law, still, a big gap exists since not all the nations that practiced the issue of slavery and forced labor are part of the international law of justice. Thus despite the signing of the legal policy of prohibiting genocide, the behavior still existed in other nations thus living the menace on genocide still unresolved completely.

Author's Recommendations

From the Authors' consideration regarding the international law on the human right as expressed in the article, the author comes up with the various recommendation that he ought they might be of advantage in preserving the human right. For instance, the ATS proponents need to carefully, put into consideration the consequences relating to the international law interpretation within the litigation of ATS.

Further, the Author recommends the invocation of jus cogens Notions that seem not to comply with the global international development custom as well as the treaty work.

Effectiveness of author's recommendationsBased on the recommendations expressed, the Author articulates at length on several effective that would be associated with the conformity of the suggestions. For instance, through careful putting into consideration the ATS proponents consequences relating to the international law interpretation within the litigation of ATS, would lower the probable risk that might arise from jus cogens in ATS expansive interpretation in the United State domestic context thus also risking the elimination the existence of Alien Tort Statute's (Horatia, 2003).

Additionally, the jus cogens fragmentation being a national list it could result into imperialism accusation where some acts such as the ATS possess extended regional effect. Further, the invocation of jus cogens would lower the risk of its contribution in fragmentation of the international levels which could result in the development of notion just cogens by each national jurisdiction.

Long Term Consequences That Have Emerged or Could Emerge in the Issue Area

Based on the expression of the Author in the article, the current established international laws have resulted in some severe consequences among the individuals a condition that seems it would persist for along time. Despite the move by some parties such as the United State of America to confirm with the international court of justice laws of prohibiting genocide, the idea would not still be considered as a full move for eradicating the genocide actions among the people. This is because several other nations that are not part of the international court of justice members never adhered to the ruling of prohibiting the genocide acts. Due to this, several people have been under the captive of forced labor among some countries who mainly were opposed to classifying forced labor as part of slavery. The existing disagreement among the treaties concerning the law on respect to the human right could facilitate to more suffering amongthe people held in the captive of forced labor. Additionally, the move taken by the international court of justice to recognize the jus cogens on prohibiting genocide may facilitate the fragmentation of the international level which could facilitate to the development of personal notions by each nation. Through this move, it may lead to the drafting of other laws by the nations that would aim at making the forced labor more hurting more than the already established laws.

Other legal scholars regards concerning developments in the legal regime...