THE RELATIONSHIP BETWEEN THE LAW OF TREATIES AND THE LAW OF STATE RESPONSIBILITY WITH REFERENCE TO NON-PERFORMANCE OF TREATY

The crisis of non-performance of international treaties in international law constitutes a fundamental challenge to the main foundation of international law, which ought not to be ignored. With treaty being a key source of international law, is it expedient that we pay attention to non-performance of treaty obligations, less we undermine the integrity of international law. Enforcing the performance of international treaties can be challenging due to the decentralized nature of the international legal system and the principles of state sovereignty. The law of treaties by itself doesn’t seem to provide much forum for responsibility for non-performance of treaties and that is one of the reasons the ILC draft articles on responsibility of states for internationally wrongful acts is very important. The onus of treaty performance continues to remain Pacta sunt servanda, which reflects that states are bound to fulfill their commitments under a treaty. This general principle of law underlies the entire system of treaty-based relations between subjects of international law. This is why one of the first references to Pacta sunt servanda in an international legal instrument, was made in the Vienna Convention of the law of treaties. This principle implies that states are meant to take necessary steps to see to compliance of their treaty obligations without invoking any restrictions, except those allowed by law. Howbeit, good faith has its limits in enforcing obligation as change is bound to sometimes occur, which could alter the desire or ability to perform. The formation of the rules of state responsibility and more so the circumstances precluding wrongfulness conceptualized therein expanded the range of opportunities for adapting to future developments. Also, the formation of specialized treaty regimes raises various questions as to the applicability of the law of state responsibility as a provision of general international law to specialized treaty regimes such as human right conventions. Therefore, this dissertation analyses and discusses the connection between the law of treaties and the law of international responsibility, attempting to examine certain selected issues that significantly and negatively impact the performance of treaty obligations. The aim of this study is to uphold the sanctity of the treaty system in international law. The issues selected for discussion will include the functional separation of the law of treaties and the law of state responsibility: Is the functional separation between the law of treaties and the law of international responsibility airtight or is it porous, and does it matter? Can the formal distinction be maintained and if so, to what end? Furthermore, to what extent do treaties containing specific provisions on secondary rules exclude the application of the general rules of international responsibility? And what role does the law of responsibility have (if any) in respect to treaties within specialized regimes such as that set up their own compliance mechanisms, or if a state enters into an international agreement with a non-state actor and either party breaches the agreement, as well as questions on the applicability of the rules of state responsibility to human right conventions Using other sources of international law, particularly case law, this dissertation will analyze the problems arising between the two institutions as it pertains to performance of treaty obligations. The methodology to be utilized will entail utilizing historical and comparative study, conducting doctrinal research for deeper understanding of sources of international law, and conducting doctrinal research on secondary rules, to achieve both general comparative research and for further research on the development of the integrity of the law of treaties leading to significantly more scenarios or avenues for better performance of treaty obligations

Priority-based Budgeting – Addressing an Agency\u27s Priorities and Increasing Accountability and Transparency

This research paper focuses on the public agency\u27s budget process model. The budget process is a powerful tool to help policymakers make informed decisions to achieve their promised or expected results. It also enables public administrators to manage public programs and efficiently respond to community needs. Will priority-based budgeting (PBB) create positive benefits for an agency during unexpected events or emergencies, empower its administrator to swiftly allocate resources towards essential programs, and enhance transparency in financial disclosures while ensuring accountability for its actions? This research study used a mixed methodology involving qualitative and quantitative data collection methods in the form of surveys, questionnaires, interviews with subject matter experts, and participant observation. The study explores the priority-based budgeting process and its potential to assist an agency in meeting the community\u27s needs, allocating resources more effectively, and enhancing accountability based on outcomes. The analysis drawed on relevant literature to shed new light on the efficiency of priority-based budgeting in municipal governance

Effectiveness of Technology Access and Use to Mitigate Social Isolation of Seniors in Monterey County, CA

The Centers for Disease Control identifies isolation and loneliness as severe public health risks that affect older adults and increase their risk of chronic health conditions (Loneliness and Social Isolation Linked to Serious Health Conditions, 2021). In Monterey County, 39% of seniors experienced isolation or loneliness in the past year (Polco, 2023). This mixed-methods research study explores the impact of technology use on mitigating loneliness, enhancing information access, and stimulating mental activity among seniors (O\u27Sullivan et al., 2017). With survey data from 95 seniors and ten 1-on-1 interviews, findings show positive effects on social well-being (85%) and a high likelihood of recommending technology to others (96%). Challenges like poor internet connectivity were reported by 24% of respondents. Recommendations include addressing connectivity issues, enhancing data literacy and cybersecurity awareness training, and providing technical support. Effectively implementing and using technology can significantly reduce social isolation and improve overall well-being among seniors, urging further research to address connectivity issues. The results could inform decision-makers on prioritizing funding for the aging population and combating isolation and loneliness

Sustainable Management of Municipal Drinking Water Services: A Case Study of Daly City, CA

This study aimed to investigate the impact of infrastructure upgrades, sustainability practices, fair billing systems, and community engagement initiatives on the quality, affordability, and sustainability of drinking water in Daly City. Grounded in a Theory of Change, the study sought to understand how these independent variables influenced dependent variables such as water quality, affordability, and responsible water use. By reviewing the literature on water management, affordability, and sustainability, the study identified areas for improvement in Daly City\u27s practices. Assumptions suggested that infrastructure investments improved water quality, fair billing systems eased financial burdens, and community engagement promoted responsible water use. Data was collected through surveys with 97 residents and interviews with 5 subject matter experts (SMEs). Quantitative findings highlighted residents\u27 perspectives on water quality, affordability, and sustainability, while qualitative insights from SME interviews provided a deeper understanding of municipal water management practices. Triangulating these findings aimed to comprehensively understand factors affecting drinking water in Daly City. The study\u27s implications are valuable for policymakers, urban planners, and communities facing similar challenges, aiming to inform decision-making and support sustainable water management practices

Improving the Quality of Government Funded Attorney Representation for Racially Disadvantaged Defendants in San Benito County, CA

All criminal defendants facing charges that may result in incarceration are entitled to effective legal representation at government expense if they cannot afford a private attorney. In Gideon v. Wainwright, the United States Supreme Court held consistent with the Constitution, reasoning that the Sixth Amendment\u27s guarantee of counsel is a fundamental and essential right made obligatory upon the states by the Fourteenth Amendment (Gideon v. Wainwright, 372 U.S. 335 (1963)). The County of San Benito, like all other California counties, is primarily responsible for providing and paying for indigent defense; however, the actual provision of indigent defense servi ces should be evaluated and reassessed for opportunities for improvement. This mixed methods research (MMR) study aimed to gather and evaluate qualitative data from 10 stakeholder representatives from the San Benito Superior Court, contract public defender s, prosecutors, and leadership from the Sheriff’s, Probation and County Counsel departments, and quantitative data from 50 survey questionnaires from individuals and family members impacted by the County of San Benito public defense system within a ten ye ar span that showed any gaps or areas of improvement in the San Benito Indigent Defense system. Based on the findings, the County Board of Supervisors may decide to take action to address any of the areas of concern for providing effective legal counsel representation. Keywords Indigent Defense, Effective legal representation, Accountability, Leadership, Defendants

Advancing Health Equity in Lupus: Bridging Disparities for Improved Outcomes Among African American Community

This research confronts the intricate challenges surrounding Lupus, an intricate autoimmune disease, with a particular focus on its impact on the African American community (Crosslin et al., 2019). Addressing the pervasive disparities in diagnosis, treatment accessibility, and health outcomes among African Americans, this study delves into the multifaceted landscape of Lupus care. A meticulous analysis of literature and healthcare data reveals socio-economic factors, access barriers, cultural influences, and systemic biases as formidable contributors to these disparities. By shedding light on these critical issues, the research advocates for targeted interventions, emphasizing culturally competent care, community engagement, and policy initiatives. The aim is to rectify existing healthcare disparities and advance health equity for African Americans affected by Lupus. This paper serves as a clarion call, urging the implementation of tailored strategies to ensure equitable access to accurate diagnosis, effective treatment, and improved health outcomes within the African American population grappling with Lupus

CHILD RIGHTS: THE PREVALENCE CHILD ABUSE AND NEGLECT IN THE NIGERIAN FAMILY CONTEXT

Child abuse and neglect is an international enemy of child development. Around the world, child abuse and neglect are said to account for child mortality. The warning signs of child abuse and neglect are not always obvious. Child abuse, which is multi-faceted, includes exploitation, physical and sexual abuse, neglect, and emotional abuse. Specifically, child maltreatment constitutes neglect and all shades of abuse and exploitation, which result in actual or potential harm to the child’s health, continued existence, development, or dignity in the context of a relationship among others. Every existing society is made up of children who are seen as the present and future core members of these societies. Safety and development, through wellness, the upbringing of children, is therefore an essential aspect that is too indispensable to neglect. Simply put, child abuse refers to the mistreatment of children. It involves and is not restricted to extreme mistreatment of a child by a person in whose hands a child’s welfare lies. Child abuse in its occurrence comes in various forms. These forms include, amongst others, neglect, sexual abuse, emotional abuse, spiritual abuse, and physical abuse. This dissertation will classify child abuse into four major groups known as physical abuse, sexual abuse, emotional abuse, and neglect. The purpose of this dissertation is to undertake a critical exploration of the major types of child abuse in Nigerian families. It will evaluate to what extent and how the existing family and child laws are effective in combating this growing problem. This study was conceived because of the increase in child abuse and neglect in Nigerian families. Unfortunately, these children are vulnerable. They suffer the indignity of rape, sexual harassment and other humiliation arising from patriarchal mind-sets, beliefs in certain socio-religious mythologies and ancient customary practices. In Nigeria, a child is regarded as a miniature adult that is expected to carry some duties at home, in the farm and in the market beginning from about three years of age. The parents give vi out some children at age six. Others may be exposed to street hawking to raise funds for the family. Child abuse and neglect often occur in families and results in serious consequences for the safety of all family members as well as for members of the larger community. Factors associated with the occurrence of child abuse and neglect are also associated with domestic violence, and many of these are the same factors that put children at risk for youth violence and later adult violence crime. This dissertation is therefore an analytical evaluation of the legal framework for the protection of the rights of a child in Nigeria especially with respect to domestic violence, hitting of a child, use of abuse words on a child, child emotional abuse, child neglect and physical abuse in Nigeria. Addressing and eliminating the widespread prevalence and incidence of violence against children is an obligation of States parties under the Convention. Securing and promoting children’s fundamental rights to respect for their human dignity and physical and psychological integrity, through the prevention of all forms of violence, is essential for promoting the full set of child rights in the Convention. For instance, General Comment No. 3 was issued by the United Nations Committee on the Rights of the Child to promote the realization of the human rights of children in the context of HIV/AIDS as guaranteed under the Convention on the Rights of the Child (“CRC”). Although this relates to HIV/AIDS, the promotion of the realization of the human rights of children is of utmost importance. General Comment No. 3 identifies and elaborates on several rights of children and corresponding obligations of state parties, for example, General Comment No. 3 explains that under Articles 24, 13, and 17 of the CRC. Children should have the right to access adequate information prevention and care through both formal and informal channels. It also states that accessibility of voluntary, confidential vii counseling services, with due attention to the evolving capacities of the child, is fundamental to the rights and health of children. This dissertation will highlight certain cases of child abuse and neglect in Nigeria and will explore international law as well as transformational advances in the legal framework (constitutional, judicial, legislative and policy) governing the protection of a child from domestic violence. Valuable lessons may reasonably be applied to bridge the inherent fundamental gaps in the existing Nigerian framework. This dissertation will be confined to the legal remedies available to a child exposed to abuse, recommendations for a sustainable legal framework for the protection of abused children, and exploration of sustainable ways to fill the lacuna in the current legislation. It is hereby acknowledged and welcomed the numerous initiatives developed by Nigerian Government and others to prevent and respond to abuse and neglect against the Nigerian child. In spite of these efforts, existing initiatives are in general insufficient. Legal frameworks in a majority of States still fail to prohibit all forms of abuse and neglect against children, and where laws are in place, their enforcement is often inadequate. Widespread social and cultural attitudes and practices condone abuse and neglect against of the Nigerian child. The impact of measures taken is limited by lack of knowledge, data and understanding of violence against the Nigerian child and its root causes, by reactive efforts focusing on symptoms and consequences rather than causes, and by strategies which are fragmented rather than integrated. Resources allocated to address the problem are inadequate

Evaluating the Effectiveness of More Public Support for Stronger E-waste Regulations

E-waste management is a critical issue facing our society today. Fifty-three million metric tons of e-waste was produced in America alone in 2019; 17.4% of this e-waste was properly disposed of world-wide. By the year 2030, 81.6 million tons of e-waste will be produced globally (World Economic Forum, 2024). Recology San Bruno Transfer Station is the only processing center within the City of San Bruno, CA open to the public for e-waste disposal with limited operating hours. This mixed-methods research (MMR) study investigates factors influencing consumers’ intention to properly dispose of consumer-grade electronics. Specific hypotheses linked factors such as convenience, awareness, and regulations as plausible contributors (Ajzen, 1991). Quantitative data were collected from 117 San Bruno, CA residents and five Subject Matter Experts (SMEs) (n=117 quantitative; n=5 qualitative). The analyzed quantitative data tested through scalar analysis concerning convenient and transparent e-waste disposal and more public support to mitigate e-waste management through regulation revealed that 47.9% of San Bruno, CA residents are not satisfied with current e-waste management practices. Quantitative data revealed that 54.7% of residents view current e-waste management practices as inconvenient. Another 41% do not feel knowledgeable about proper e-waste disposal practices. An additional 50.4% feel that manufacturing companies are not transparent about the end-of-life disposal of their electronic products. These results could inform decision-makers on prioritizing funding to create more public awareness and the required reverse logistics infrastructure with clear communication to customers for the safe disposal of e-waste

How Immigration Policies Have Contributed to the Exploitative Labor Practices in the City of Austin TX.

Immigration policies on labor relations between employers and undocumented immigrants as employees is a historical issue that draws attention from academics and policymakers alike. This research proposal strives to explore how immigration policies influence labor market relations in Austin, Texas, with a particular focus on reducing the exploitation of undocumented immigrants. The study will employ a mixed methods approach that entails qualitative and quantitative data. In collecting qualitative data, key online surveys will be utilized. The survey data will be quantitatively analyzed through SPSS software. In analyzing and transcribing the qualitative data, thematic analysis will be used. A comparison and integration of emerging trends and patterns from both quantitative and qualitative data will offer comprehensive insights into the impact of immigration policies on exploitative tendencies by employers of undocumented immigrant workers in the city of Austin. Relevant literature on immigration policies and exploitative labor markets will inform the study findings