Wednesday, February 26, 2020

The origins of the Arab-Israeli conflict Essay Example | Topics and Well Written Essays - 750 words

The origins of the Arab-Israeli conflict - Essay Example The essay establishes the basis and as well discusses the Arab-Israeli conflict and investigates basics involved in the Arab-Israeli conflict. At the core, the conflict is based on disagreement over the land of Palestine which characterised by irresolvable strive between competing nationalisms. Even though, the issue is complicated by religious and political diversity the dispute between the Arab-Israeli conflicts primarily involves competing claims to land. The essay establishes that resolve of competing claims to Palestine are complicated and reflect the complexities of Arab-Israeli history in the region (Shackelford 2012). The Israeli-Arab or the Middle East conflict can be delineated into three distinct phases with the initial conflict between Arabs and Jews being, that which began as part of the Arab conquest of the 7th century. In this aspect of the conflict, Arabs conquered the land that previously was known by Romans as Judea and Palestina by Christian Byzantines. Later on, a fter hundreds of years beginning in the 1880s, the Jews mainly from Eastern Europe began streaming back to reclaim the land hence, the conflict resumed. The second phase of the conflict was internationalized to involve the proximal Arab states that include Egypt, Jordan, Syria and Lebanon as well as Saudi Arabia and Iraq. Even though, these states nominally supported the Palestinian Arab inhabitants of the land, there is little doubt that the states too had their own state interests. (Allain 2010). For instance, Transjordan occupied what is currently known as west bank and annexed it, although the annexation was not internationally recognised and changed its name to Jordan. Subsequently, in the further unsuccessful attempts in each decade from 1948 to 1982 by the Arab states to defeat the nascent State of Israel, in addition to, international involvement of the USSR and USA further internationalised the conflict. The last phase to the origin of the Arab-Israeli followed the defeat o f the Arab states by Israel in the six-day war in 1967 resulting in the emergence of a militant Palestinian party, the PLO that sought to wage war on Israel without involvement of other states (Cohen 2011). The Arab-Israeli conflict emerged from the rise of Jewish nationalism that did not exist in the region prior to Zionist activism. The Zionist objective in Palestine had a colonialist element one that the Palestinian Arabs recognised and opposed throughout the manoeuvring of international law and political negotiations. As the great powers (US and other allies) put in place the governing structures that enabled transformations in the region, they systematically ignored the rights of indigenous Arabs under international law. The resulting disparity in rights during the decision-making process in Palestine produced an environment that resulted in the current configuration, putting the interests of the Israeli state against those of Palestinian Arabs (Cohen 2011). As British administ ration began its Mandate in 1922, the question of whom to vest finally the Palestinian sovereignty persistently lingered, since England was purely an occupying power. However, the continued Jewish immigration and the presence of a British policy that was favourable Zionists resulted in Arab riots (Schiff 2011). England promised Palestine to the Arabs through diplomatic communications that rose to a secret treaty; however, this did not happen therefore resulting to difficulty in combining concurrent but opposing national aspirations of Palestinian Arabs and Zionists into a single Palestinian state. The lack of political equality in British decisions made Arabs lose faith in the political process and the England’s Peel commission recommend partition of Palestine in response to the escalating violence. The Arabs were in opposition of the

Monday, February 10, 2020

Expectation Interest Coursework Example | Topics and Well Written Essays - 1000 words

Expectation Interest - Coursework Example Usually, the defendant would be awarded damages that equal to the cost of cure. For most defective goods, that equals to the diminution in their value. But for some defective goods, the diminution in value is not equal to the cost of cure (Ruxley Electronics v Forsyth (1996)). In those instances, the courts would ascertain damages that are just and fair pertaining to the merits of the case. These are called ‘loss of amenity’ damages (see Ruxley).   Where the breach is caused by non-delivery, the buyer may also sue for damages which would be calculated by the difference between the market value and the contracted value of the good (s. 51 SGA 1979). If, on the contrary, the buyer refuses to pay, the seller can claim for the loss of profits on the good (Charter v Sullivan [1957]).Reliance loss  This seeks to put the claimant into the position as if he never entered into contract (McRae v Commonwealth Disposals [1950]). Often, the reliance interest is already covered by the expectation interest.Restitution Interest   In this claim, the contract is set aside and the claimant seeks to obtain the price paid for goods that were not delivered (Whincup v Hughes [1871]). This claim may also be used to recover profits that the defendant made as a result of the breach (Attorney-General), though it is only allowed when other forms of remedies are exhausted and even then, the courts may order the defendant to award the claimant a share of the profit instead of the entire sum. The claimant is also under a duty to mitigate losses.... Thus, if both parties knew that the claimant was going to use the goods to make a profit, he is entitled to recover those lost profits (Victoria Laundry (Windsor) Ltd v. Newman Industries Ltd (1949)). Damages for pain and suffering may also be awarded where the claimant has expressly stated his concerns (such as presence of aircraft noise before buying a new property close to the airport) at the time of contract (Farley v Skinner [2001]) A claim for damages will fail if the damages are too remote. It will also fail if there is no causal link between breach and damage, and independent third party acts (London Joint Stock Bank v. Macmillan [1918]), natural events (see Monarch Steamship v Karlshamns [1949]) and claimant’s own unreasonable acts (Lambert v. Lewis [1982]) will keep the claim from succeeding. Word Count: 510 Q.2 Becka would be looking to pursue her remedies for breach of contract, as there is a possible breach of s. 14 of the SGA 1979. On the facts, she is a consumer , which brings in operation s. 15 conferring on her a right to reject the goods and be awarded damages at the same time at the discretion of the courts. The car was described in the ad as â€Å"regularly serviced, 2007 model†¦Ã¢â‚¬  along with other traits. S.14(2) of the SGA requires the car to be of satisfactory quality and s.14(3) requires it to be fit for purpose. Since Tower Hill is a business, these two are conditions. However, these conditions do not apply where the buyer has inspected the goods before purchasing or defects have been specifically brought to her attention before buying. Becka’s test drive may bar her from claiming on faults that she ought to have noticed. However, the facts are