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Sovereignty

Sovereignty

Sovereignty is the exclusive right to exercise supreme authority over a geographic region, group of people or oneself. Sovereignty over a nation is generally vested in a government or other political agency, though there are cases where it is held by an individual. A monarch who rules a sovereign country can also be referred to as the sovereign of that country. The concept of sovereignty also pertains to a government possessing full control over its own affairs within a territorial or geographical area or limit.

Sovereignty in certain contexts

In international law, sovereignty is the exercise of power by a state. De jure sovereignty is the legal right to do so; de facto sovereignty is the ability in fact to do so (which becomes of special concern upon the failure of the usual expectation that de jure and de facto sovereignty exist at the place and time of concern, and rest in the same organization). Foreign governments recognize the sovereignty of a state over a territory, or refuse to do so. For instance, in theory, both the People's Republic of China and the Republic of China considered themselves sovereign governments over the whole territory of mainland China and Taiwan. Though some foreign governments recognize the Republic of China as the valid state, most now recognize the People's Republic of China. However, de facto, the People's Republic of China exercises sovereign power over mainland China, while the Republic of China exercises sovereign power over Taiwan. Since ambassadors are only exchanged between sovereign high parties, the countries recognizing the People's Republic often entertain de facto but not de jure diplomatic relationships with Taiwan by maintaining 'offices of representation', such as the American Institute in Taiwan, rather than embassies there. Tribal sovereignty refers to the right of tribes or of federally recognized American Indian nations to exercise limited jurisdiction within and sometimes beyond reservation boundaries. Two entities without territorial possessions are recognized as sovereign subjects under international law, namely Holy See (separate entity in international law vis-à-vis Vatican City, which has a very small amount of territory) and Order of Malta. The etymology of the word sovereignty, with origins in the Latin super, conveys the idea of "overness". In some regions of the world, such as Quebec and Indian Kashmir, the word "sovereignty" has become the preferred synonym for national independence. Compare the Maori term rangatiratanga, and the concept of self-determination. The meanging of sovereignty is that the people alone had the authority to make laws limiting an individual's freedom of action

Different views of sovereignties

There exist vastly differing views on the moral bases of sovereignty. These views translate into various bases for legal systems:
- Partisans of the divine right of kings argue that the monarch is sovereign by divine right, and not by the agreement of the people. This, pushed to its conclusion, translates into a system of absolute monarchy.
- Most democracies are based on the concept of popular sovereignty: Ultimately, sovereignty is vested in the people, who freely grant the exercise of it to the government.
- Anarchists and some libertarians deny the sovereignty of states and governments.
- Supporters of democratic globalization consider that nation-states should yield some of their power to world organization controlled by world citizens instead of being organized as now in an intergovernmental basis The key element of sovereignty in the legalistic sense is that of exclusivity of jurisdiction. Specifically, when a decision is made by a sovereign entity, it cannot generally be overruled by a higher authority. Further, it is generally held that another legal element of sovereignty requires not only the legal right to exercise power, but the actual exercise of such power. ("no de jure sovereignty without de facto sovereignty") In other words, neither claiming/being proclaimed Sovereign, nor merely exercising the power of a Sovereign is sufficient, sovereignty requires both elements.

Sovereignty and federalism

In federal systems of government, such as that of the United States, sovereignty also refers to powers a state-government has independently of the federal government. The question whether the individual states, particularly the so-called 'Confederate States' of the American Union remained sovereign became a matter of debate in the USA, especially in its first century:
- According to the theory of John C. Calhoun, the states had entered into an agreement from which they might withdraw if other parties broke the terms of agreement, and they remained sovereign. Calhoun contributed to the theoretical basis for acts of secession, as occurred just before the American Civil War. However, Calhoun propounded this as part of a general theory of "nullification", in which a state had the right to refuse to accept any Federal law that it found to be unconstitutional. These self-same southern states refused to accept that non-slave states had any such nullificatory right and insisted that the Federal government enforce the Fugitive Slave Act over any state's attempt to nullify it-- however the premises of the Act was explicit in the Constitution, which required that all prisoners or slaves who escaped into other states, must be returned to their state of origin.
- According to the theory expounded in the Federalist Party, the individual states did not, after the formation of the constitution, remain completely sovereign: they retained possession of certain attributes of sovereignty, while others were ceded to the Federal government; while many states existed, only one sovereign survived. Even if the origin was a compact or contract, after the "United States" were formed by a "constitutional act" there no longer existed a mere contractual relation: there existed a state to which all were subject, and which all must obey. However, the Federalist party was soundly defeated, and the states soundly retained in Constitutional session, that violence could never be used against any state in enforcement of any of its dictates.
- According to Austin: In the case of a composite state or a supreme federal government, the several united governments of the several united societies together with a government common to these several societies, hold joint sovereignty in each of these several societies and also in the larger society arising from the federal union, the several governments of the several united societies remain jointly sovereign in each and all. However, Jefferson and Madison alike, held that the states were not unlimited in their submission to the federal government; rather, each held that every state was the final arbiter of its own self-government, regardless of the union. Quotes from the 1911 [http://1911encyclopedia.org/S/SO/SOVEREIGNTY.htm Encyclopædia Britannica].

External links

- [http://plato.stanford.edu/entries/sovereignty/ Stanford Encyclopedia of Philosophy entry]
- [http://kennedy.byu.edu/partners/WFPC/alrfouh.html Protection of national sovereign rights under international law] - by Dr. Faisal Al-Rfouh, associate professor, political science, University of Jordan, President of the Gandhi Center for Strategic Studies (GCSS), NGO
- [http://www.state.gov/s/inr/rls/4250.htm Independent States in the World] US Department of State listing in which Taiwan is not included Category:International law Category:International relations ja:主権

Nation

:For publications of this name, see also Nation (disambiguation). One of the most influential doctrines in history is that all humans are divided into groups called nations. It is an ethical and philosophical doctrine in itself, and is the starting point for the ideology of nationalism. The nationals (the members of the "nation") are distinguished by a common identity, and almost always by a common origin, in the sense of ancestry, parentage or descent. The national identity refers both to the distinguishing features of the group, and to the individual’s sense of belonging to it. A very wide range of criteria is used, with very different application. Small differences in pronunciation may be enough to categorise someone as a member of another nation. On the other hand, two people may be separated by difference in personalities, belief systems, geographical locations, time and even spoken language, yet regard themselves and be seen by others, as members of the same nation. Nationals are considered to share certain traits and norms of behaviour, certain duties toward other members, and certain responsibilities for the actions of the members of the same nation. Nations extend across generations, and include the dead as full members. More vaguely, they are assumed to include future generations. No-one fixes a timespan, but a nation is typically several centuries old. Past events are evaluated in this context, for instance by referring to "our soldiers" in conflicts which took place hundreds of years ago. The term nation is often used synonymously with ethnic group (sometimes "ethnos"), but although ethnicity is now one of the most important aspects of cultural or social identity for the members of most nations, people with the same ethnic origin may live in different nation-states and be treated as members of separate nations for that reason. National identity is often disputed, down to the level of the individual. A state which explicitly identifies as the homeland of a particular nation is a nation-state, and most modern states fall into this category, although there may be violent disputes about their legitimacy. In common usage, terms such as nations, country, land and state often appear as near-synonyms, i.e., for a territory under a single sovereign government, or the inhabitants of such a territory, or the government itself; in other words, a de jure or de facto state. In a more strict sense, however, terms such as nation, ethnos, and peoples denominate a group of human beings, in contrast to country which denominates a territory, whereas state expresses a legitimised administrative and decision-making institution. Confusingly, the terms national and international are used as technical terms applying to states, see country.

Origins

The origins of nations are disputed, and these disputes form a major issue in the theory of nationalism. There are some biological theories of its origin, which see humans as territorial animals and the nation as a territory in this sense. Most theorists reject this as simplistic, and treat nations as a relatively late human social grouping. The most widely quoted theories place their origin in the late 18th and 19th century, although this dating is very disputed. Certainly the identification with a "nation" was promoted by early romantic nationalism at that time, usually in opposition to multi-ethnic (and autocratic) empires. The Avishai Margalit in The Ethics of Memory (2002), discusses the defining role of memory in shaping nations: "A nation," he says acerbically, "has famously been defined as a society that nourishes a common delusion about its ancestry and shares a common hatred for its neighbors. Thus, the bond of caring in a nation hinges on false memory (delusion) and hatred of those who do not belong."

Etymology

The first recorded use of the word "nation" was in 968, when Liutprand, bishop of Cremona, while confronting the Byzantine emperor on behalf of his patron Otto I, Holy Roman Emperor, boldly declared in his report, "The Land": I answered, "which you say belongs to your empire belongs, as the nationality and language of the people proves, to the kingdom of Italy." (emphasis added)[http://mediaeval.ucdavis.edu/20A/Luitprand.html] The term derives from Latin natio and originally described the colleagues in a college or students, above all at the University of Paris, who were all born within a pays, spoke the same language and expected to be ruled by their own familiar law. In 1383 and 1384, while studying theology at Paris, Jean Gerson was twice elected procurator for the French nation (i.e. the French-born Francophone students at the University). The Paris division of students into nations was adopted at the University of Prague, where from its opening in 1349 the studium generale was divided among Bohemian, Bavarian, Saxon and various Polish nations.

Modern understanding

Since the 19th century, it is considered the norm that a nation coincides with a sovereign state, called a nation-state. That norm itself derives from the ideology of nationalism, which asserts that each nation deserves its own state. Before the 19th century, it is difficult to find examples that fit the modern idea of a nation-state. That does not mean that there is agreement on the number of nations, and their equivalence with a nation-state. Very few nations and nation-states have an undisputed territory and borders. There are many self-government movements, such as those in Belgium, the United Kingdom and Spain. There are nations which describe themselves as stateless nations, such as those of the Kurds and Assyrians. Claimed national territory may be partitioned, as in the Republic of Ireland and Northern Ireland. There are also examples of national identity without a corresponding state, or claim to a state. England is a nation in the United Kingdom, but unlike the other four component nations (Northern Ireland, Cornwall, Scotland and Wales) there has, until recently, been little sign of aspiration to self-government (see Campaign for an English Parliament). The term "state-nation" is sometimes used, for nations where the common identity derives from shared citizenship of a state. It implies that the state was formed first, and that the sense of national identity developed later, or in parallel. The Netherlands and France are often quoted as examples. However, both countries also have a strong ethnic identity and cultural identity, reflected in widespread attitudes to immigrants. If the nation was defined only by citizenship, then naturalised citizens would be accepted as equal members of the nation, and that is not the case. In most countries citizenship is sharply distinguished from nationality. Nation-states vary in their attitude to naturalisation and citizenship. In the United States, the only legal restriction on naturalised citizens is, that they may not hold the office of President, and the only act required of new citizens is an Oath of Allegiance. Many other countries have language and cultural knowledge tests, but they may be intended primarily as a barrier to immigration. Almost all nations are associated with a specific territory, the national homeland. Some live in a historical diaspora, that is, mainly outside the national homeland. The term diaspora now refers mainly to dispersed economic migrants and their descendants. The Roma, who are considered in some parts of Europe to be a distinct nation, are a diaspora without a clearly identified homeland. Where territory is disputed between nations, the claims may be based on which nation lived there first - the nation is considered to include past members. That is mainly the case in areas of historical European settlement (1500-1950). The term "First Nations" is used by groups which share an aboriginal culture, and seek official recognition or autonomy. The term nation is widely used, by extension or metaphor, to describe any group promoting some common interest or common identity, see Red Sox Nation and Queer Nation.

Related concepts

- Nationality
- Nationalism
- Nation-state
- Home Nations
- Country
- Constituent countries
- State
- State (law)
- Ethnicity
- Ethnic group
- Race
- Society
- Identity
- Identity politics

Links

- [http://etext.lib.virginia.edu/cgi-local/DHI/dhi.cgi?id=dv3-41 Dictionary of the History of Ideas[:] Medieval and Renaissance ideas of Nation
- [http://www.tamilnation.org/nation.htm What is a Nation?] - Nadesan Satyendra Category:Ethnicity Category:Political geography ja:国民 simple:Nation

Politics

Politics is the process by which decisions are made for a given society. The method of making decisions for groups varies, but the act of decision making is the key component that characterises politics. Although it is generally applied to governments, politics is also observed in all human group interactions, including corporate, academic, and religious institutions. Political science is the study of political behavior and examines the acquisition and application of power, i.e. the ability to impose one's will on another. One theorist, Harold Lasswell, has defined politics as "who gets what, when, and how." Another definition of 'politics' is: "how power is distributed within a group or system".

A natural state

In 1651, Thomas Hobbes published his most famous work, Leviathan, in which he proposed a model of early human development to justify the creation of human associations. Hobbes described an ideal state of nature wherein every person had equal right to every resource in nature and was free to use any means to acquire those resources. He noted that such an arrangement created a “war of all against all” (bellum omnium contra omnes). Further, he noted that men would enter into a social contract and would give up absolute rights for certain protections. While it appears that social cooperation and dominance hierarchies predate human societies, Hobbes’s model illustrates a rationale for the creation of societies (polities).

Early history

V.G. Childe describes the transformation of human society that took place around 6000 BCE as an urban revolution. Among the features of this new type of civilization were the institutionalization of social stratification, non-agricultural specialised crafts (including priests and lawyers), taxation, and writing. All of which require clusters of densely populated settlements - city-states. The word "Politics" is derived from the Greek word for city-state, "Polis". Corporate, religious, academic and every other polity, especially those constrained by limited resources, contain dominance hierarchy and therefore politics. Politics is most often studied in relation to the administration of governments. The oldest form of government was tribal organization. Rule by elders was supplanted by monarchy, and a system of Feudalism as an arrangement where a single family dominated the political affairs of a community. Monarchies have existed in one form or another for the past 5000 years of human history.

Definitions

- Power is the ability to impose one's will on another. It implies a capacity for force, i.e violence.
- Authority is the power to enforce laws, to exact obedience, to command, to determine, or to judge.
- Legitimacy is an attribute of government gained through the acquisition and application of power in accordance with recognized or accepted standards or principles.
- A government is the body that has the authority to make and enforce rules or laws.

Political power

Samuel Gompers’ often paraphrased maxim,"Reward your friends and punish your enemies," hints at two of the five types of power recognized by social psychologists: incentive power (the power to reward) and coercive power (the power to punish). Arguably the other three grow out of these two. Legitimate power, the power of the policeman or the referee, is the power given to an individual by a recognized authority to enforce standards of behavior. Legitimate power is similar to coercive power in that unacceptable behavior is punished by fine or penalty. Referent power is bestowed upon individuals by virtue of accomplishment or attitude. Fulfillment of the desire to feel similar to a celebrity or a hero is the reward for obedience. Expert power springs from education or experience. Following the lead of an experienced coach is often rewarded with success. Expert power is conditional to the circumstances. A brain surgeon is no help when your pipes are leaking.

Authority and legitimacy

Max Weber identified three sources of legitimacy for authority known as (tripartite classification of authority). He proposed three reasons why people followed the orders of those who gave them:

Traditional

Traditional authorities receive loyalty because they continue and support the preservation of existing values, the status quo. Traditional authority has the longest history. Patriarchal (and more rarely Matriarchal) societies gave rise to hereditary monarchies where authority was given to descendants of previous leaders. Followers submit to this authority because "we've always done it that way." Examples of traditional authoritarians include kings and queens.

Charismatic

Charismatic authority grows out of the personal charm or the strength of an individual personality (see cult of personality for the most extreme version). Charismatic regimes are often short lived, seldom outliving the charismatic figure that leads them. Examples include Hitler, Napoleon, and Mao.

Legal-rational

Legal-Rational authorities receive their ability to compel behavior by virtue of the office that they hold. It is the authority that demands obedience to the office rather than the office holder. Modern democracies are examples of legal-rational regimes.

References

GOMPERS,SAMUEL; “Men of Labor! Be Up and Doing,” editorial, American Federationist, May 1906, p. 319

International law

International law, is the body of law that "regulates the activities of entities possessing international personality". Traditionally, that meant the conduct and relationships of states. However, it is now well established that international law also concerns the structure and conduct of international organizations, and, to a degree, that of multinational corporations and individuals. As Rosalyn Higgins put it, international law is a normative system "harnessed to the achievement of common values - values that speak to us all, whether we are rich or poor, black or white, of any religion or none, or come from countries that are industrialised or developing". The necessity for international law arises from the need to ensure a process that regulates competing demands and establishes the framework for predictable and agreed community behaviour. The term "public international law" is occasionally used as a synonym to distinguish international law from "private international law". The latter regulates the relations between persons or entities in different states and is in fact not international law at all (a better term which has been suggested for private international law is "conflict of laws").

The scope of international law

International law establishes the framework and the criteria for identifying states as the principal actors in the international legal system. As the existence of a state presupposes control and jurisdiction over territory, international law deals with the acquisition of territory, state immunity and the legal responsibility of states in their conduct with each other. The law is similarly concerned with the treatment of individuals within state boundaries. There is thus a comprehensive regime dealing with group rights, the treatment of aliens, the rights of refugees, international crimes, nationality problems and human rights generally. It further includes the important functions of the maintenance of international peace and security, arms control, the pacific settlement of disputes and the regulation of the use of force in international relations. Even when the law is not able to stop the outbreak of war, it has developed principles to govern the conduct of hostilities and the treatment of prisoners. International law is also used to govern issues relating to the global environment, the global commons such as international waters and outer space, global communications, and world trade. Whilst municipal law is hierarchical or vertical, with the legislature enacting binding legislation, international law is horizontal, with all states being sovereign and theoretically equal. Because of this, the value and authority of international law is dependent upon the voluntary participation of states in its formulation, observance, and enforcement. Although there may be exceptions, most states enter into legal commitments to other states out of enlightened self-interest rather than adherence to a body of law that is higher than their own. As D. W. Greig notes, "international law cannot exist in isolation from the political factors operating in the sphere of international relations". Where there are breaches of the law, international law has no established compulsory judicial system for the settlement of disputes or coercive penal system. That is not to say that there are no judicial or quasi-judicial tribunals in international law. The formation of the United Nations, for example, created a means for the world community to enforce international law upon members that violate its charter. Traditionally, states were the sole subjects of international law. With the proliferation of international organizations over the last century, they have in some cases been recognized as relevant parties as well. Recent interpretations of international human rights law, international humanitarian law, and international trade law (e.g. NAFTA Chapter 11 actions) have been inclusive of corporations, and even individuals.

Fundamental conflicts over international law

The 17th, 18th and 19th centuries saw the growth of the concept of a "nation-state", which comprised nations controlled by a centralized system of government. The concept of nationalism became increasingly important as people began to see themselves as citizens of a particular nation with a distinct national identity. Until the beginning of the 20th century, relations between nation-states were dictated by Treaty, unenforceable agreements to behave in a certain way towards another state. Many people now view the nation-state as the primary unit of international affairs. States may choose to voluntarily enter into commitments under international law, but they will often follow their own counsel when it comes to interpretation of their commitments. As the 20th century progressed, a number of violent armed conflicts, including WWI and WWII, exposed the weaknesses of a voluntary system of international treaties. In an attempt to create a stronger system of laws to prevent future conflicts, a vehicle for the application of international law was found in the creation of the United Nations, an international law making body, and new international criminal laws were applied at the Nuremberg trials. Over the past fifty years, more and more international laws and law making bodies have been created. Many people feel that these modern developments endanger nation states by taking power away from state governments and ceeding it to international bodies such as the U.N. and the World Bank. Some scholars and political leaders have recently argued that international law has evolved to a point where it exists separately from the mere consent of states. There is a growing trend toward judging a state's domestic actions in light of international law and standards (see world government for trends and movements leading in this direction). A number of states, notably including the United States vehemently oppose this interpretation, maintaining that sovereignty is the only true international "law" and that states have free reign over their own affairs. Similarly, a number of scholars now discern a legislative and judicial process to international law that parallels such processes within domestic law. Opponents to this point of view maintain that states only commit to international law with express consent and have the right to make their own interpretations of its meaning; and that international courts only function with the consent of states. Because international law is a new area of law its development is uncertain and its relevance and propriety is hotly disputed.

Sources of International Law

See main article: Sources of international law. International law has three primary sources: international treaties, custom, and general principles of law (cf. Art. 38 of the Statute of the International Court of Justice). International treaty law is comprised of obligations states expressly and voluntarily accept between themselves in treaties. Customary international law is derived from the consistent practice of States accompanied by opinio juris, i.e. the conviction of States that the consistent practice is required by a legal obligation. Judgments of international tribunals as well as scholarly works have traditionally been looked to as persuasive sources for custom in addition to direct evidence of state behavior. Attempts to codify customary international law picked up momentum after the Second World War with the formation of the International Law Commission (ILC). Codified customary law is made the binding interpretation of the underlying custom by agreement through treaty. For states not party to such treaties, the work of the ILC may still be accepted as custom applying to those states. General principles of law are those commonly recognized by the major legal systems of the world. Certain norms of international law achieve the binding force of peremptory norms (jus cogens) as to include all states with no permissible derogations. Legal principles common to major legal systems may also be invoked to supplement international law when necessary.

Interpretation of International Law

Where there are disputes about the exact meaning and application of national laws, it is the responsibility of the courts to decide what the law means. In international law as a whole, there are no courts which have the authority to do this. It is generally the responsibility of states to interpret the law for themselves. Unsurprisingly, this means that there is rarely agreement in cases of dispute. The Vienna Convention on the Law of Treaties writes on the topic of interpretation that: : "A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose." (article 31(1)) This is actually a compromise between three different theories of interpretation:
- The textual approach is a restrictive interpretation which bases itself on the "ordinary meaning" of the text, the actual text has considerable weight.
- A subjective approach considers the idea behind the treaty, treaties "in their context", what the writers intended when they wrote the text.
- A third approach bases itself on interpretation "in the light of its object and purpose", i.e. the interpretation that best suits the goal of the treaty, also called "effective interpretation". These are general rules of interpretation; specific rules might exist in specific areas of international law.

Enforcement by states

Apart from a state's natural inclination to uphold certain norms, the force of international law has always come from the pressure that states put upon one another to behave consistently and to honor their obligations. As with any system of law, many violations of international law obligations are overlooked. If addressed, it is almost always purely through diplomacy and the consequences upon an offending state's reputation. Though violations may be common in fact, states try to avoid the appearance of having disregarded international obligations. States may also unilaterally adopt sanctions against one another such as the severance of economic or diplomatic ties, or through reciprocal action. In some cases, domestic courts may render judgment against a foreign state (the realm of private international law) for an injury, though this is a complicated area of law where international law intersects with domestic law. States have the right to employ force in self-defense against an offending state that has used force to attack its territory or political independence. States may also use force in collective self-defense, where force is used against another state. The state that force is used against must authorize the participation of third-states in its self-defense. This right is recognized in the United Nations Charter.

Enforcement by international bodies

See main article: International legal system. Violations of the UN Charter by members of the United Nations may be raised by the aggrieved state in the General Assembly for debate. The General Assembly cannot make binding resolutions, but under the "Uniting for Peace" resolution (GA/RES/0377) it declared it could authorize the use of force if there had been Breaches of the Peace or Acts of Aggression, provided that the Security Council due to a negative vote of a permement member failed to act. It could call for other collective measures (such as economic sanctions) given a situation constituted the milder "threat to the Peace". The legal significance of such a resolution is unclear, as the General Assembly cannot issue binding resolutions. They can also be raised in the Security Council. The Security Council can pass resolutions under Chapter VI of the UN Charter to recommend "Pacific Resolution of Disputes." Such resolutions are not binding under international law, though they usually are expressive of the council's convictions. In rare cases, the Security Council can pass resolutions under Chapter VII of the UN Charter related to "threats to Peace, Breaches of the Peace and Acts of Aggression," and these are legally binding under international law, and can be followed up with economic sanctions, military action, and similar uses of force through the auspices of the United Nations. It has been argued that resolutions passed outside of Chapter VII can also be binding; the legal basis for that is the Council's broad powers under Article 24(2), which states that "in discharging these duties (exercise of primary responsibility in international peace and security), it shall act in accordance with the Purposes and Principles of the United Nations". The mandatory nature of such resolutions was upheld by the International Court of Justice in its advisory opinion on Namibia. The binding nature of such resolutions can be deduced from an interpretation of their language and intent. States can also, upon mutual consent, submit disputes for arbitration by the International Court of Justice (ICJ), located in The Hague, Netherlands. The judgments given by the Court in these cases are binding, although it possesses no means to enforce its rulings. The Court may give an advisory opinion on any legal question at the request of whatever body may be authorized by or in accordance with the Charter of the United Nations to make such a request. Some of the advisory cases brought before the court have been controversial with respect to the courts competence and jurisdiction. Often enormously complicated matters, ICJ cases (of which there have been less than 150 since the court was created from the Permanent Court of International Justice in 1945) can stretch on for years and generally involve thousands of pages of pleadings, evidence, and the world's leading specialist public international lawyers. As of 2005, there are twelve cases pending at the ICJ. Decisions made through other means of arbitration may be binding or non-binding depending on the nature of the arbitration agreement, whereas decisions resulting from contentious cases argued before the ICJ are always binding on the involved states. Though states (or increasingly, international organizations) are usually the only ones with standing to address a violation of international law, some treaties, such as the International Covenant on Civil and Political Rights have an optional protocol that allows individuals who have had their rights violated by member states to petition the international Human Rights Committee.

History

Through the ages a code developed for the relations and conduct between nations. Even when nations were at war, envoys were often considered immune to violence. The first formal attempts in this direction, which over time have developed into the current international law, stem from the era of the Renaissance in Europe. In the Middle Ages it had been considered the obligation of the Church to mediate in international disputes. During the Council of Constance (1414) Pawel Wlodkowic, rector of Jagiellonian University (Kraków, Poland), theologian, lawyer and diplomat, presented the theory that all, including pagan, nations have right to self-govern and to live in peace and possess their land. In the 16th and 17th centuries the Church gradually lost its direct influence in international affairs, as Catholic and Protestant powers emerged and struggled for dominance and survival. At the beginning of the 17th century, several generalizations could be made about the political situation: # Self-governing, autonomous states existed. # Almost all of them were governed by monarchs. ##The Peace of Westphalia is often cited as being the birth of the modern nation-states, establishing states as sovereigns answering to no-one within its own borders. # Land, wealth, and trading rights were often the topics of wars between states. Some people assert that international law developed to deal with the new states arising, others claim that the lack of influence of the Pope and the Catholic church gave rise to the need for new generally-accepted codes in Europe. The Dominican professor of theology Francisco de Vitoria (in Latin Franciscus de Victoria) at the University of Salamanca lectured on the rights of the natives. He did so while Spain was at the height of its power, after the violent Spanish conquest of Peru in 1536. Charles V, Holy Roman Emperor, protested against the friar, but in 1542 new laws put the natives under protection of the Spanish crown. Vitoria is generally recognized as the founder of modern international law. (See also School of Salamanca.) The French monk Emeric Cruce (1590–1648) came up with the idea of having representatives of all countries meeting in one place to discuss their conflicts so as to avoid war and create more peace. He suggested this in his The New Cyneas (1623), choosing Venice to be the selected city for all of the representatives to meet, and suggested that the Pope should preside over the meeting. Of course, during the Thirty Years' War (1618–1648), this was not acceptable to the Protestant nations. He also said that armies should be abolished and called for a world court. Though his call to abolish armies was not taken seriously, Emeric Cruce does deserve his place in history through his foresight that international organizations are crucial to solve international disputes. Hugo Grotius (or Huig de Groot) (1583-1645) was a Dutch humanist and jurist considered central to the development of international law. He became a lawyer when he was 15 years old and got sentenced to life in prison after going against Maurice of Nassau, son of William of Orange in a trial, but he escaped and fled to Paris. In France, he developed his ideas on international law with his Mare Liberum (Latin for "Free seas"), in which he challenged the claims and attempts of England, Spain, and Portugal to rule portions of the oceans and seas. He gained new international fame in 1625 with his book De Jure Belli ac Pacis (The Law of War and Peace), as it became the first definitive text on international law in Europe. It was published only two years after The New Cyneas. Much of Grotius's content drew from the Bible and from classical history (just war theory of Augustine of Hippo). In his work he did not condemn war as only a political tool, considering cases in which war is appropriate. He further developed the just war theory. A just war fits certain criteria: # It can be to repel an invasion. # It can be to punish an insult to God. # There has to be a just cause (one of the two mentioned above). # It has to be declared by the proper authorities. # It must possess moral intention. # It must have a chance of success. # It must abstain from brutal practices. # Its end result must be proportional to the means used. The statesmen of the time believed no nation could escape war, so they prepared for it. King Henry IV's Chief Minister, the Duke of Sully, proposed the founding of an alliance of the European nations that was to meet to arbitrate issues and wage war not between themselves but collectively on the Ottoman Turks, and he called it the Grand Design, but was never established. After World War I, the nations of the world decided to form an international body. U.S. President Woodrow Wilson came up with the idea of a "League of Nations". However, due to political wrangling in the U.S. Congress, the United States did not join the League of Nations, which was one of the causes of its demise. When World War II broke out, the League of Nations was finished. Yet at the same time, the United Nations was being formed. On January 1, 1942, US President Franklin D. Roosevelt issued the "Declaration by United Nations" on behalf of 26 nations who had pledged to fight against the Axis powers. Even before the end of the war, representatives of 50 nations met in San Francisco to draw up the charter for an international body to replace the League of Nations. On October 24, 1945, the United Nations officially came into existence, setting a basis for much international law to follow.

Branches of International Law

- International Criminal Law
- The Law pertaining to Use of Force
- International Humanitarian Law
- Law of the Sea
- Diplomatic Law
- Consular Law
- Law of State Responsibility
- International Environmental Law

Notes and references

#Higgins R, Problems and process : international law and how we use it (Oxford : Clarendon Press, 1994) at 16. #Greig, D. W., International Law, 2nd edn (Butterworths: London, 1976)

State law

State law, in the United States, is the law of each separate U.S. state, as passed by the state legislature and signed into law by the state governor. It exists in parallel, and sometimes in conflict with, U.S. federal law. These disputes are often resolved by the courts, and at least once by civil war.

External links

- [http://www.gavel2gavel.com/codes/state/index.htm State Codes and Statutes] - All 50 States Category:United States law

De jure

De jure (in Classical Latin de iure) is an expression that means "based on law", as contrasted with de facto, which means "in fact". The terms de jure and de facto are used like "in principle" and "in practice" when one is describing political situations. They are also often used when discussing racial segregation. A practice may exist de facto, where the people obey a contract as though there were a law. A process known as "desuetude" may allow de facto practices to replace obsolete laws. On the other hand, practices may exist de jure and not be obeyed or observed by the people. The Latin de jure should not be confused with the French du jour, which translates to "of the day", as, for example, in soupe du jour. De jure and de facto standards can differ; for example, the U.S. has no de jure language, whereas the de facto language is English. Similarly, the U.S. de jure standard for measurement of road distances is the kilometre (as the U.S. is party to the Convention du Mètre), but the de facto standard is the mile.

References

Category:Latin legal phrases

People's Republic of China

The People's Republic of China (PRC; Simplified Chinese: 中华人民共和国, Traditional Chinese: 中華人民共和國; Pinyin: Zhōnghuá Rénmín Gònghéguó ), commonly referred to as China, is an East Asian country. The exact meaning of PRC and China varies. In an ongoing dispute, the PRC claims sovereignty over Taiwan and some neighboring islands, whose control was never relinquished by the Republic of China. The PRC asserts the Republic of China to be an illegitimate and supplanted entity and administratively categorizes Taiwan as the 23rd province of the PRC. (See China and Political status of Taiwan for more information.) The term "mainland China" is sometimes used to denote the area under the PRC's rule, usually excluding the two Special Administrative Regions, Hong Kong and Macau. The PRC refers to the period of its rule as New China (新中国) whenever it contrasts itself with China before 1949. In some contexts, particularly in economics, trade and sports events, China and People's Republic of China is often used to refer to the PRC with Hong Kong and Macau excluded.

Geography and climate

The PRC is the largest country in area in East Asia, the [http://www.cia.gov/cia/publications/factbook/rankorder/2147rank.html fourth largest] in the world and the second largest by land area. It borders 14 nations (counted clockwise): Vietnam, Laos, Myanmar, India, Bhutan, Nepal, Pakistan, Afghanistan, Tajikistan, Kyrgyzstan, Kazakhstan, Russia, Mongolia and North Korea.North Korea The PRC contains a large variety of landscape. In the east, along the shores of the Yellow Sea and the East China Sea, are found extensive and densely populated alluvial plains; the shore of the South China Sea is more mountainous and southern China is dominated by hill country and lower mountain ranges. In the central-east are found the deltas of China's two major rivers, the Huang He and Yangtze River (Chang Jiang). Other major rivers include the Xijiang River, Mekong, Brahmaputra and Amur. To the west, major mountain ranges, notably the Himalaya with China's highest point Mount Everest, and high plateaus feature among the more arid landscape of deserts such as the Taklamakan and the Gobi Desert. Due to a prolonged drought and poor agricultural practices dust storms have become usual in the spring in China. According to China's Environmental Protection Agency, the Gobi Desert has been expanding "like a tsunami" and is a major source of dust storms which affect Mainland China and other parts of northeast Asia such as Taiwan, Korea and Japan. Dust from the northern plains has been tracked to the West Coast of the United States. River management (human waste dumping, factory pollution, and water extraction for irrigation and drinking) and dust erosion are problems affecting other countries that have become recent important concerns for relations between China and its neighboring countries.

History

After World War II, the Chinese Civil War between the Communist Party of China and the Kuomintang ended in 1949 with the Communists in control of mainland China and the Kuomintang in control of Taiwan and some outlying islands of Fujian. On October 1, 1949, Mao Zedong emphatically declared the People's Republic of China, establishing a communist state, and proclaiming "the Chinese people have stood up."communist state Supporters of the Maoist Era claim that under Mao, China's unity and sovereignty was assured for the first time in a century, and there was development of infrastructure, industry, healthcare, and education, which raised standard of living for the average Chinese. They also believe that campaigns such as the Great Leap Forward and the Cultural Revolution were essential in jumpstarting China's development and purifying its culture. Supporters may also doubt statistics or accounts given for death tolls or other damages incurred by Mao's campaigns. Critics of Mao's regime assert that Mao's administration imposed strict controls over everyday life, and believe that campaigns such as the Great Leap Forward and Cultural Revolution contributed to or caused millions of deaths, incurred severe economic costs, and damaged China's cultural heritage. The Great Leap Forward in particular preceded a massive famine in China which, according to numbers guessed by credible Western and Eastern [http://users.erols.com/mwhite28/warstat1.htm sources], 20–30 million people died; most Western and many Chinese analysts attribute this to the Great Leap Forward, while others, including Mao at the time, attribute this to natural disasters; still others doubt this figure entirely, or claim that many more people died due to famine or other consequences of political chaos during the rule of Chiang Kai-Shek. Following the dramatic economic failures of the early 1960s, Mao stepped down from his position as chairman of the People's Republic. The National People's Congress elected Liu Shaoqi as Mao's successor. Mao remained head of the Party but was removed from day to day management of economic affairs which came under the control of a more moderate leadership under the dominant influence of Liu Shaoqi, Deng Xiaoping and others who initiated economic reforms. In 1966, Mao launched the Cultural Revolution, which is viewed by his opponents (including both Western analysts and many Chinese people who were youth at the time) as a strike back at his rivals by mobilizing the youth of the country in support of his thought and purging the moderate leadership, but is viewed by his supporters as an experiment in direct democracy and a genuine attempt at purging Chinese society of corruption and other negative influences. Disorder followed but gradually under the leadership of Zhou Enlai moderate forces regained influence. After Mao's death, Deng Xiaoping, seen as the leader of the economic reformists, succeeded in winning the power struggle, and Mao's widow, Jiang Qing and her associates, the Gang of Four, who had assumed control of the country, were arrested and put on trial. Since then, the government has gradually and greatly loosened governmental control over people's personal lives, and began transitioning China's planned economy into a mixed economy. Supporters of the economic reforms point to the rapid development of the consumer and export sectors of the economy, the creation of an urban middle class that now constitutes 15% of the population, higher living standards (which is shown via dramatic increases in GDP per capita, consumer spending, life expectancy, literacy rate, and total grain output) and a much wider range of personal rights and freedoms for average Chinese as evidence of the success of the reforms. Critics of the economic reforms claim that the reforms have caused wealth disparity, environmental pollution, rampant corruption, widespread unemployment associated with layoffs at inefficient state-owned enterprises, and has introduced often unwelcome cultural influences. Consequently they believe that China's culture has been corrupted, the poor have been reduced to a hopeless abject underclass, and that the social stability is threatened. They are also of the opinion that various political reforms, such as moves towards popular elections, have been unfairly nipped in the bud. Regardless of either view, today, the public perception of Mao has improved dramatically, and images of Mao and Mao related objects have become fashionable.state-owned enterprise Despite these concessions to capitalism, the Communist Party of China remains in control and has maintained repressive policies against groups which it feels are threats, such as Falun Gong and the separatist movement in Tibet. Supporters of these policies claim that these policies safeguard stability in a society that is torn apart by class differences and rivalries, has no tradition of civil participation, and limited rule of law. Opponents of these policies claim that these policies severely violate norms of human rights that the international community recognizes, and further claim that this results in a police state, which creates an atmosphere of fear and ignorance. In 1989, the death of pro-reform official Hu Yaobang led to the Tiananmen Square protests of 1989, during which students and others held protests in Beijing's Tiananmen Square and elsewhere to campaign for democratic reform and freedom. The protests ended on June 3 - June 4 when PLA troops entered the square, killing hundreds. The event brought worldwide condemnation and sanctions against the PRC government. The PRC government itself has since remained relatively silent on the issue, though it has also defended it by saying that it was necessary for the continued stability of the country. The People's Republic of China adopted its current constitution on December 4, 1982.

Politics

1982 (NPC), highest legistlative body, of China convenes.]] In the technical terminology of political science the PRC was a communist state for much of the 20th century, and is still considered a communist state by many, though not all political scientists. Attempts to characterize the nature of the China's political structure into a single, simple category are typically seen as lacking sufficient depth to be satisfactory. A major reason for this is China's political history: for over two thousand years, prior to 1949, the state had been ruled by some form of centralized imperial monarchy with strong Confucian influences, which have left significant traces on subsequent political and social structures. This was followed by a chaotic succession of largely authoritarian Chinese Nationlist governments as well as warlord-held administration since the first Chinese Revolution of 1912. The PRC regime has variously been described as authoritarian, communist, socialist and various combinations of those terms. It has also been described as a communist government. This may be called state capitalist by more left-leaning communists. It appears China is slowly becoming capitalist in its economic system. China recently released an official statement on its political structure, upholding the notion that the state should be ruled by democratic means. The government of the PRC is controlled by the Communist Party of China. There are some other parties in PRC, though they are often closely associated or subparties within the CPC. The effect of the other parties on the government remains minimal. While there have been some moves toward political liberalization, in that contested elections are now held at the village level and legislatures have shown some assertiveness from time to time, the party retains effective control over governmental appointments. While the state uses authoritarian methods to deal with challenges to its rule, it simultaneously attempts to reduce dissent by improving the economy, allowing expression of personal grievances, and giving lenient treatment to persons expressing dissent whom the regime does not believe are organizers. Censorship of political speech is routine. The Communist Party has a policy of suppressing any protests and organizations that it considers a threat to its power, as was the case after the Tianamen Square protests. However, there are limits to the repression that the Party is willing or able to achieve. The media have become increasingly active in publicizing social problems and exposing corruption and inefficiency at lower levels of government, although recently the PRC has tended to increase crackdowns on reporters. The Party has also been rather unsuccessful at controlling information, and in some cases has had to change policies in response to public outrage. Although organized opposition against the Party is not tolerated, demonstrations over local issues are frequent and increasingly tolerated. The support that the Communist Party of China has among the Chinese population is unclear, as there are no national elections, and private conversations and anecdotal information often reveals conflicting views. Many in China appear appreciative of the role that the government plays in maintaining social stability, which has allowed the economy to grow without interruption. Political concerns in China include the growing gap between rich and poor in the PRC, and the growing discontent with widespread corruption within the leadership and officials.

Ongoing debates

The PRC government argues that the notion of human rights should include economic standards of living and measures of health and economic prosperity. In other words, when critiquing its internal situation, it sees the rise in the standard of living of the Chinese people as an indicator of improvement of the human rights situation, and when looking at the situation abroad, often notes the high rate of crime and/or poverty in places reputedly having a high standard of human rights. However, Western governments and NGOs have argued that arbitrary and lengthy incommunicado detention, forced confessions, torture, and mistreatment of prisoners as well as severe restrictions on freedom of speech, the press, assembly, association, religion, privacy, and worker rights are violations of their definition of human rights. They argue the issues stem from the PRC government's intolerance of dissent and the inadequacy of legal safeguards for individual political rights. The issue is covered in article Human rights in the People's Republic of China The PRC describes itself as a multiethnic state providing ethnic autonomy in the form of autonomous administrative entities. PRC policy gives advantages to ethnic minorities in areas such as high school or college admission and government employment. It also officially condemns Han chauvinism. However, it currently faces independence movements in Tibet, and Xinjiang. Independence groups and many foreign observers are critical of the PRC's ethnic policies. They consider practices such as the organization and generous financial encouragement of Han Chinese movement into non-Han Chinese areas, to be chauvinistic and colonial, bent on demographically swamping non-Han Chinese areas and reducing the possibility that any independence movement could succeed. Within China, many people are also critical of the above policies. For example, Han Chinese in Xinjiang tend to be resentful and perceive of themselves as being treated as "second-class citizens" as a result of policies that favour minorities. Many people also consider these policies to have encouraged the formation of separatist movements and to have threatened the territorial integrity of China.

Political divisions

The People's Republic of China has administrative control over 22 provinces (省); the government of the People's Republic of China considers Táiwān (台湾), which is actually controlled by the Republic of China, to be its 23rd province. (See Political status of Taiwan for more information.) Apart from provinces there are 5 autonomous regions (自治区) containing concentrations of several minorities; 4 municipalities (直辖市) for China's largest cities and 2 Special Administrative Regions (SAR) (特别行政区) governed by the PRC. The 22 provinces, 5 autonomous regions and 4 municipalities can be collectively referred to as "mainland China", a term which usually excludes Hong Kong, Macao, and Taiwan. mainland China The following are a list of administrative divisions of areas under the control of the People's Republic of China. Provinces（省）
- Ānhuī (安徽)
- Fújiàn (福建)
- Gānsù (甘肃)
- Guǎngdōng (广东)
- Guìzhōu (贵州)
- Hǎinán (海南)
- Héběi (河北)
- Hēilóngjiāng (黑龙江)
- Hénán (河南)
- Húběi (湖北)
- Húnán (湖南)
- Jiāngsū (江苏)
- Jiāngxī (江西)
- Jílín (吉林)
- Liáoníng (辽宁)
- Qīnghǎi (青海)
- Shaanxi (Shǎnxī) (陕西)
- Shāndōng (山东)
- Shānxī (山西)
- Sìchuān (四川)
- Yúnnán (云南)
- Zhèjiāng (浙江) Autonomous regions（自治区）
- Guǎngxī (广西壮族自治区)
- Inner Mongolia (Nèi Měnggǔ) (内蒙古自治区)
- Níngxià (宁夏回族自治区)
- Xīnjiāng (新疆维吾尔自治区)
- Tibet (Xīzàng) (西藏自治区)
Municipalities（直辖市）
- Běijīng (北京市)
- Chóngqìng (重庆市)
- Shànghǎi (上海市)
- Tiānjīn (天津市)
Special Administrative Regions（特别行政区）
- Hong Kong (Xiānggǎng) (香港特别行政区)
- Macau (Àomén) (澳门特别行政区)
Claimed by the PRC, but governed by Republic of China
- Táiwān (台湾) (disputed)
Claimed by the Republic of China, but given up by PRC
- Outer Mongolia

Foreign relations

The People's Republic of China maintains diplomatic relations with most countries in the world, but makes acknowledging its claim to Taiwan and severing any official ties with the Republic of China (ROC) government a prerequisite for diplomatic exchanges. It actively opposes foreign travels by current and former political officials of Taiwan, such as Lee Teng-hui and Chen Shui-bian, and other persons it sees politically dangerous, such as Tenzin Gyatso (considering Tibet) and and Li Hongzhi (considering Falun Gong). Falun Gong]] In 1971, the PRC replaced the Republic of China as the sole representative for "China" in the United Nations and as one of the five permanent members of the United Nations Security Council; it is also considered a founding member although the PRC was not in control at the founding of the UN. (See China and the United Nations) It was for a time a member and leader of the Non-Aligned Movement, but now is an observer. Much of the current foreign policy is based on the concept of China's peaceful rise. Sino-Japanese relations have been strained several times in the past few decades by Japan's refusal to acknowledge its past war crimes and violations to Chinese satisfaction, most notable among which is the Nanjing Massacre. Recent incidents with the United States include the United States bombing of Chinese embassy in Belgrade during the Kosovo conflict in May 1999, alleged in nuclear secrets espionage reported in Cox report, US spy plane on mission colliding with Chinese jet flighter near Hainan Island in April 2001. Some NGOs and Western governments have criticized China for alleged human rights abuses and its foreign relations with many Western Nations suffered following the Tiananmen Square Incident in 1989. In addition to Taiwan, China is involved in several other territorial disputes. The PRC makes all of these claims on irredentist grounds, while the opposing claimants tend towards viewing irredentism as a baseless ideology or view the PRC as being motivated by resources, military considerations, or nationalism considerations:
- With India:
- Aksai Chin, administered by China, claimed by India
- Arunachal Pradesh / South Tibet, administered by India, claimed by China
- Over islands on the East China Sea or South China Sea:
- Paracel Islands, administered by China, claimed by Vietnam and the ROC
- Spratly Islands: the People’s Republic of China, the Republic of China (Taiwan), and Vietnam each claim sovereignty over the entire group, while Malaysia, the Philippines, and Brunei claim parts of the group.
- Senkaku Islands / Diaoyu Islands, administered by Japan, claimed by the PRC and the ROC In 2004, Russia agreed to transfer Yinlong Island as well as one half of Heixiazi Island to China, ending a long-standing border dispute between Russia and China. Both islands are found at the confluence of the Amur and Ussuri Rivers, and were until then administered by Russia and claimed by China. The event was meant to foster feelings of reconciliation and cooperation between the two countries by their leaders, but it has also sparked different degrees of discontents on both sides. The transfer has been ratified by both the Chinese National People's Congress and the Russian State Duma but has yet to be carried out to date. Outside official opinion, it is popular for nationalists to make irredentist claims to Mongolia, Tuva and Outer Manchuria, as well as (less commonly) the Ryukyu Islands, Bhutan, the Hukawng Valley in northern Myanmar, and Central Asia southeast of Lake Balkhash.

Military

Lake Balkhash The PRC maintains military forces consisting of army, navy, air force, and strategic nuclear forces. Its 2.25 million strong force makes it the largest army, in terms of sheer number of troops, in the world. The People's Liberation Army's official budget for 2005 is $30 billion, possibly excluding foreign weapons purchases, military-related R&D. the paramilitary PAP and possible hidden budget. However, even the highest estimates set the military spending considerably less in relative than e.g. the United States. The PRC, despite possession of nuclear weapons and delivery systems, is widely seen both within and outside of China as having only limited ability to project military power beyond its borders and is not generally considered to be a true superpower, although it is widely seen as a major regional power. This is due to the limited effectiveness of its navy, such as lacking aircraft carriers, and air-force, which is large but generally considered obsolete by western standards. The PRC has embarked on a massive modernization program for its military. The PRC has been actively purchasing state-of-the-art fighters such as Su-27, Su-30 and has also been producing its own relatively modern fighters. A comprehensive effort has been undertaken to modernise the air-defense after observing the effects of air-superiority in Iraq. The air-defence revolves around the ultra-modern S-300 Surface-to-Air missile, which is objectively considered the best aircraft-intercepting system in the world. The PRC is also rapidly upgrading its armoured and rapid-reaction forces by enhancing their electronics and targeting capabilities. In recent years, much attention has been focused on building a navy with blue-water capability.

Largest cities

Su-30]] Su-30] Su-30] The PRC has dozens of major cities, including 3 of the 55 global cities.

Economy

global cities Beginning in late 1978 the Chinese leadership has been reforming the economy from a Soviet-style centrally planned economy to a more market-oriented economy but still within a rigid political framework of Communist Party control. To this end the authorities have switched to a system of household responsibility in agriculture in place of the old collectivization, increased the authority of local officials and plant managers in industry, permitted a wide variety of small-scale enterprise in services and light manufacturing, and opened the economy to increased foreign trade and investment. Prices controls were also relaxed. This has resulted in mainland China's shift from a command economy to a mixed economy with both communist and capitalist tendencies. The government has tended to not emphasize equality as when it first began and instead emphasized raising personal income and consumption and introducing new management systems to help increase productivity. The government also has focused on foreign trade as a major vehicle for economic growth, for which purpose it set up over 2000 Special Economic Zones (SEZ) where investment laws are relaxed in order to attract foreign capital. The result has been a quadrupling of GDP since 1978. In 1999, with its 1.25 billion people and a GDP of just $3,800 per capita, the PRC became the sixth largest economy in the world by exchange rate and third largest in the world after the European Union and the U.S. by purchasing power. The average annual income of a Chinese worker is $1,300. Chinese economic development is believed to be among the fastest in the world, about 7-8% per year according to Chinese government statistics. China is now a member of the World Trade Organization. Mainland China has a reputation as being a low-cost manufacturer, particularly due to its abundant flexible non-unionised inexpensive labor. An unskilled worker at a Chinese factory in the rural area costs a company under $1/hour, however, the prices of goods and services in China are lower than in more developed countries. Furthermore, the Chinese worker preference not to join a trade union. This is a substantive benefit to employers as it adds a level of flexibility to labor relations not enjoyed in most other parts of the world. A possible reason for this could be work ethics, or it is also conceivable it is driven by a fear that unions will be abused by the Communist Party of China to identify dissidents. (See list of Chinese dissidents.) Another aspect of the Chinese economy that is often overlooked is the low cost of non labor inputs. This is due in part to an overly competitive environment with many producers and a general tendency towards an oversupply and low prices. There is also the continued existence of price controls and supply guarantees left over from the former Soviet style command economy. As State owned enterprises continue to be dismantled and workers shift to higher productivity sectors, this deflationary effect will continue to put pressure on prices in the economy. Preferential tax incentives are also given as a direct fiscal incentive to manufacture in China, whether for export or for the local market of 1.3 billion. China is attempting to harmonize the system of taxes and duties it imposes on enterprises, domestic and foreign alike. As a result, preferential tax and duty policies that benefit exporters in special economic zones and coastal cities have been targeted for revision. China's high growth in the global markets has caused notable disputes, especially the trade inbalance with the United States. The discrepancy is largely attributable to the fact that Chinese corporations can produce many products desired in the US far more cheaply than American factories can, and expensive products produced in America are in large part too expensive for Chinese consumers. Another factor cited by some people was the unfavorable exchange rate between the Chinese yuan and the United States dollar to which it used to be pegged. On July 21, 2005 the People's Bank of China announced that it would move to a floating peg, allowing its currency to move by 0.3% a day. With the elimination of clothing quotas, China stands to take over a large chunk of the worldwide textile industry. [http://www.nytimes.com/2003/08/26/business/worldbusiness/26CHIN.html?th], [http://www.nytimes.com/2003/09/02/business/02CHIN.html?th] In 2003, China's GDP in terms of purchasing power parity reached $6.4 trillion, becoming the [http://www.cia.gov/cia/publications/factbook/rankorder/2001rank.html second-largest in the world]. Using conventional measurements it is ranked 6th. With its large population this still gives an average GNP per person of only an estimated $5,000, about 1/7th that of the United States. The officially reported growth rate for 2003 was 9.1%. Due to its size and ancient culture, China has a tradition of being a leading economy in the world. Trying to regain some of that glory is certainly a strong motivation for many Chinese." The economic regions of Mainland China covered under the strategies promulgated by the central government. The disparity in wealth between the coastal strip and the remainder of the country remains wide. To counter this potentially destabilizing problem, the government has initiated the China Western Development strategy (2000), the Revitalize Northeast China initiative (2003), and the Rise of Central China policy (2004), which are all aimed at helping the interior of China to catch up.

Transportation

Transportation in the mainland of the People's Republic of China has improved remarkably starting in the late 1990s as part of a government effort to link the entire nation through a series of expressways known as the National Trunk Highway System. Private car ownership is increasing but remains uncommon, in large part due to government policies designed to make car ownership expensive through the use of taxes and toll roads. Air travel has increased considerably, although remains out of reach for most ordinary mainland Chinese. Long distance transportation for most mainland Chinese is still dominated by the railways and bus systems. Cities are increasingly building underground or light rail systems, such as in Shanghai. Hong Kong has one of the most modern transport systems in the world.

Society

Demographics

Ethnicity and race

Officially the PRC views itself as a multi-ethnic nation with 56 recognized ethnicities. The majority Han Chinese ethnicity makes up about 93% of the population and is the majority over about half of the area of the PRC. The Han Chinese itself is relatively racially heterogeneous, and can also be conceived as a large category bringing together many diverse ethnic subgroups sharing common cultural and linguistic characteristics.

Language

The majority Han Chinese speak varieties of spoken Chinese, which can be regarded as either one language or a family of languages. The largest subdivision of spoken Chinese is Mandarin Chinese, with more speakers than any other language on Earth. A standardized version of Mandarin based on the Beijing dialect, known as Putonghua, is taught in schools and used as the official language of the entire country.

Issues

The People's Republic of China, in an attempt to limit its population growth, has adopted a policy which limits urban families (ethnic minorities such as Tibetans are an exception) to one child and rural families to two children when the first is female. Because males are considered to be more economically valuable in rural areas, there appears to be a high incidence of sex selective abortion and child abandonment in rural areas to ensure that the second child is male. (See National Geographic's China's Lost Children). This policy only applies to the Han majority. There are numerous orphanages for the children that are abandoned, but approximately 98% of these children are not adopted, and stay in the orphanage until they are an adult. China has instituted a regulated program to permit international adoption, although this only affects a small percentage of the children. By 2000 this has resulted in a sex ratio at birth of 117 boys being born for every 100 girls which is substantially higher than the natural rate (106 to 100) (but comparable to the ratios in places such as the Caucasus, Taiwan, Hong Kong and South Korea). Although some of this problematic ratio is attributable to sexism, recently, it has been found that it correlates with hepatitis as well. The PRC government is attempting to mitigate this problem by emphasizing the worth of women and has gone so far as to criminalize medical providers from disclosing to parents the sex of an expected baby. The result of the sex ratio bias is that there are now 30–40 million Chinese males who cannot marry Chinese women. Apart from emigration, this may cause an increase in prostitution. In some cases, this has led to kidnappings, where women are abducted from their families, and forcibly sold as wives in distant villages.

Health

The PRC has several emerging public health problems: health problems related to air and water pollution, a progressing HIV-AIDS epidemic and hundreds of millions of cigarette smokers. The HIV epidemic, in addition to the usual routes of infection, was exacerbated in the past by unsanitary practices used in the collection of blood in rural areas. The problem with tobacco is complicated by the concentration of most cigarette sales in a government controlled monopoly. The government, dependent on tobacco revenue, seems hesitant in its response to the tobacco compared with other public health problems. Hepatitis B is endemic in mainland China, with a large percentage of the population contracting the disease; about 10% of these are seriously affected. A program initiated in 2002 will attempt over the next 5 years to vaccinate all newborns in mainland China. In November 2002, the pneumonia-like SARS surfaced in Guangdong province. The epidemic spread into neighboring Hong Kong, Vietnam, and other countries via international travelers. The strains of avian flu outbreaks in recent years among local poultry and birds, along with a number of its citizens. While the virus is currently mainly animal-human transmissible, experts expect an avian flu pandemic that would affect the region, should the virus morph to be human-human transmissible. The recent pig-to-human transmission of Streptococcus suis bacteria, which has led to an unsually high number of deaths in and around Sichuan province.

Education

To provide for its population in mainland China, the PRC has a vast and varied school system. There are preschools, kindergartens, schools for the deaf and blind, key schools (similar to college preparatory schools), primary schools, secondary schools (comprising junior and senior middle schools, secondary agricultural and vocational schools, regular secondary schools, secondary teachers' schools, secondary technical schools, and secondary professional schools), and various institutions of higher learning (consisting of regular colleges and universities, professional colleges, and short-term vocational universities).

Culture

Streptococcus suis, in Peking opera]] Peking opera China's traditional values were derived from the orthodox version of Confucianism/conservatism, which was taught in schools and was even part of imperial civil service examinations. However, the term Confucianism is somewhat problematic in that the system of thought which reached it high-water mark in Qing Dynasty imperial China was in fact composed of several strains of thought, including Legalism, which in many ways departed from the original spirit of Confucianism; indeed by the height of imperial China, the right of the individual ethical conscience and the right to criticise tyrannical governments and demand change had largely been prohibited by "orthodox" thinkers. Currently, there are neo-Confucians who believe that contrary to that line of thought, democratic ideals and human rights are quite compatible with traditional Confucian "Asian values". See [http://www.columbia.edu/cu/ccba/cear/issues/fall97/graphics/special/debary/debary.htm] The leaders who directed the efforts to change Chinese society after the establishment of the People's Republic of China in 1949 were raised in the old society and had been marked with its values. PRC leaders sought to change some traditional aspects, such as rural land tenure, sexism, and Confucian education, while preserving others, such as the family structure. Some observers believe that the Communist period following 1949 is very much in continuity with traditional Chinese history, rather than revolutionary. On the other hand, some observers believe that the Communist period following 1949 has fundamentally altered or damaged the foundations of Chinese culture. At various times in the history of the PRC, many aspects of traditional Chinese culture were labeled 'regressive and harmful' or 'vestiges of feudalism' by the regime or by prominent movements (e.g. by the Red Guards during the Cultural Revolution), such as Confucianism, traditional art, literature, and performing arts; for example, Beijing opera was "reformed" to conform to communist propaganda. The brutality of the Cultural Revolution itself has also been described as destructive to China's traditional moral values. The institution of the Simplified Chinese orthography reform is controversial as well, with some considering it harmless, and others viewing it as an assault on Chinese culture. However, China has since moved away from attempting to reform all of its traditional art forms. As time has progressed, the PRC government has accepted much of traditional Chinese culture as an integral part of Chinese society; current Chinese national policy often lauds these as important achievements of the Chinese civilization and emphasizes them as being integral to the formation of Chinese national identity. The PRC has also promoted feelings of nationalism in recent years, regarded by some observers as an effort to provide legitimacy for its rule.

Science & Technology

Simplified Chinese] After the Sino-Soviet split, China started to develop its own indigenous nuclear deterrent and delivery systems. A natural outgrowth of this was a satellite launching program. This culminated in 1970 with the launching of Dong Fang Hong I, the first Chinese satellite. This made the PRC the fifth nation to independently launch a satellite. In 1992 the current "Project 921" manned spaceflight program was authorised. On 19 November 1999, the unmanned Shenzhou 1 was launched, the fir