Kupreskic et al., Trial Chamber, Judgment, 14 January 2000, Case no Research Paper - 1

Kupreskic et al., Trial Chamber, Judgment, 14 January 2000, Case no. IT-95-16-T - Research Paper Example g the horrors and advances in international jurisprudence.2 Adding to the international regime for humanitarian international laws, the International Criminal Court (ICC) incorporated the draft Elements of Crimes which sets out the definition of humanitarian laws such as genocide, crimes against humanity and war crimes as provided for in the ICC Statute.3 The resulting body of international case law demonstrates that the international judiciary have developed a penchant for judicial creativity which sits somewhere between state practice and opinio juris and ultimately forms the foundations of international customary law.4 In Prosecutor v Kuprekic et al (Case No. IT-95-16 T) the ICTY determined that in determining the appropriate line of customary international law, reference must be had to domestic codes as well as case law.5 Essentially, the ICTY has used as demonstrated in Kuprekic et al national judgments for interpreting and applying treaties as well as customary international law and principles of international law.6 Taking the concept of state practice a step further, the ICTY in Kuprekic et al identified what is referred to as the concept of jus cogens in customary international law.7 Jus cogens takes the position that it is not necessary to conduct a protracted search of national laws for evidence that states are conducting themselves â€Å"out of a sense of obligation†.8 In other words certain human rights and concepts of humanity are taken for granted in customary international law. For instance the ICTY in the Prosecutor v Furundfija IT-95-17/I-T (December 10, 1998) ruled that the prohibitions and intolerance of torture are rules of jus cogens as well as the judgments contained in the International Court of Justice and the principles of the Martens Clause are concepts that lead jurisprudence or opinion juris.9 The Martens Clause therefore takes on a significant role in the development of international customary law in that it guides judicial

Taxes and tariffs on imports Essay Example | Topics and Well Written Essays - 2500 words

Taxes and tariffs on imports - Essay Example Second, they create tax revenues for the governments imposing them. In spite of what the goals are, tariffs may not be the most direct or efficient means attaining them. For instance, foreign sellers may reduce their prices to counteract any tariff increase. The net effect is for the consumer-paid price to be different only to some extent, if at all, from the price before the tariff was imposed. As a result, the nation has larger tariff revenues but slight additional protection for the domestic producers. When tariffs do elevate the price of an imported good, consumers are put at a disadvantage, while the import-competing industries are put at an advantage. On the other hand, tariffs can have wider implications. For example, when the U.S. Department of Commerce imposed a high duty on complex flat screens used on laptop computers, the duty was an advantage to some small U.S. screen manufacturers (Salvatore 2005). But it damaged companies such as Apple, Compaq and IBM, who disagree tha t the high duty exaggerated the cost of their products, destabilized their ability to compete abroad and forced them to shift production to other countries. This papers looks at the impacts of tariffs or taxes on imports on a large economy (the U.S.) and a small economy (Kenya). Import tariffs may be of the predetermined variety or they may be ad valorem. Characteristically the importing firm pays the tariff as a tax to the government of the importing country. In order to recover the cost of the tariff the importer charges customers a price at least equal to the import plus the tariff. Because of the tariff, the domestic price of the imported item becomes higher than it would have been with free trade. Imposing taxes or tariffs on foreign products is a form of controlling trade; they are enforced by governments for a variety of reasons. One purpose is simply to create revenues. Another purpose is to lessen the competitiveness of foreign products by