scholarly journals Senate Treatment of Select International Agreements, 2013–2018

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 184-188
Author(s):  
Margaret L. Taylor

When I finished reading Julian Nyarko's “Giving the Treaty a Purpose: Comparing the Durability of Treaties and Executive Agreements,” I found my mind wandering through memories of the more than five years I spent working on Capitol Hill as Counsel for the Senate Foreign Relations Committee (SFRC)—a role that often required me to figure out how best to preserve the constitutional prerogatives of Congress in the face of the various types of international agreements the executive branch produced. This essay recounts my impressions of how the Senate handled different agreements in the 2013–2018 timeframe—Article II treaties, the Paris Climate Agreement, and the Iran Nuclear Agreement. Unlike Professor Nyarko's ambitious and impressive work to categorize and statistically analyze the durability of Article II treaties and executive agreements—which I applaud and find useful—this essay is modest in purpose. I contend that how Congress handles different types of agreements is largely a product of specific political dynamics—including political ownership, policy entrepreneurism, and electoral risk—that can be unpredictable. Because of these dynamics, the differences that Nyarko reveals regarding the durability of Article II treaties and executive agreements are unlikely to produce a significant change in official practice.

Author(s):  
Jean Galbraith

Over its constitutional history, the United States has developed multiple ways of joining, implementing, and terminating treaties and other international commitments. This chapter provides an overview of the law governing these pathways and considers the extent to which comparative law has influenced them or could do so in the future. Focusing in particular on the making of international commitments, the chapter describes how, over time, the United States came to develop alternatives to the process set out in the U.S. Constitution’s Treaty Clause, which requires the approval of two-thirds of the Senate. These alternatives arose partly from reasons of administrative efficiency and partly from presidential interest in making important international commitments in situations where two-thirds of the Senate would be unobtainable. These alternatives have had the effect of considerably increasing the president’s constitutional power to make international commitments. Nonetheless, considerable constraints remain on presidential power in this context, with some of these constraints stemming from constitutional law and others from statutory, administrative, and international law. With respect to comparative law, the chapter observes that U.S. practice historically has been largely but not entirely self-contained. Looking ahead, comparative practice is unlikely to affect U.S. constitutional law with respect to international agreements, but it might hold insights for legislative or administrative reforms.


Materials ◽  
2021 ◽  
Vol 14 (6) ◽  
pp. 1429
Author(s):  
Ismael García ◽  
Miguel A. Serrano ◽  
Carlos López-Colina ◽  
Fernando L. Gayarre ◽  
Jesús M. Suárez

The use of Rectangular Hollow Sections (RHS) as columns in steel construction includes important advantages like higher mechanical strength and fire resistance. However, the practical demountable bolted joints between beams and columns are not easy to execute, due to impossibility of access to the inner part of the tube. The use of threaded studs welded to the face of the tube and bolted to the beam by means of angle cleats is one of the cheaper and most efficient solutions to obtain beam–column joints with a semi-rigid behavior, as is usually sought in building structures. Nevertheless, it is important to point out that the stud-diameter and the stud-class selection may affect the mechanical properties of the welded parts of the joint. In this paper, 8MnSi7 (with a commercial designation K800) and 4.8 threaded studs were welded to RHS steel tubes and mechanical properties on the weld, the Heat Affected Zones (HAZ), and the base metal were obtained in two different ways: through a correlation with the Vickers hardness and by means of the Small Punch Test (SPT). A study of the microstructure and tensile tests on the threaded studs and in the columns was also carried out. The research involved different types of stud qualities, tube wall thicknesses, and stud diameters. The work presented in this paper proved that in most cases, the welded joint between these studs and the RHS steel tubes present a reasonable static behavior that fulfils the requirements for the beam–column joints under static loading.


Author(s):  
Claire M. Zedelius ◽  
Jonathan W. Schooler

Mind-wandering encompasses a variety of different types of thought, involving various different experiential qualities, emotions, and cognitive processes. Much is lost by simply lumping them together, as is typically done in the literature. The goal of this chapter is to explore the nuances that distinguish different types of mind-wandering. The chapter draws on research on mind-wandering as well as other literatures to gain a better understanding of how these different types of mind-wandering affect cognition and behavior. It specifically discusses the distinct effects of different types of mind-wandering on task performance, working memory, mood, and creativity. Finally, the chapter discusses the idea of deliberate engagement in particular types of mind-wandering as a way to achieve desirable outcomes, such as maintaining a positive mood, enhancing creativity, or aiding decision-making.


Author(s):  
Linda L. Fowler

This chapter reviews previous scholarship about congressional scrutiny of the executive branch and about general patterns of legislative influence on foreign policy decisions. In the spring of 2004, the chair of the Senate Foreign Relations Committee proposed public hearings regarding the conduct and objectives of the Iraq War. A month later, Senator John Warner, chair of the Senate Armed Services Committee, scheduled two days of hearings to investigate abuse of detainees at Baghdad's Abu Ghraib Prison. The chapter examines the hearing activity of the Senate Armed Services and Foreign Relations committees from 1947 to 2008 to assess the overall trends in oversight and identify similarities and differences in their behavior. It also considers what scholars know about congressional involvement in U.S. foreign policy, what they have concluded about oversight of national security more generally, and why these perspectives do not appear to fit together.


2021 ◽  
Vol 58 (4) ◽  
pp. 54-59
Author(s):  
Sergei M. Levin ◽  

Veritism is the thesis that the truth is the fundamental epistemic good. According to Duncan Pritchard, the most pressing objections to veritism are the trivial truths objection and the trivial inquiry problem. The former states that veritism entails that trivial truths are as important as deep and important truths. The latter is a problem that a veritist must prefer trivial inquiry that generates many trivial truths to the serious inquiry with the hope but no guarantee to discover some deep and important truth. Both objections arise from the inability of veritism prima facie to properly rate the different types of truths. Pritchard's solution is to approach the truth from the perspective of the intellectually virtuous inquirer who would prefer weighty truth over trivial truth. In my commentary, I criticise the proposed solution as circular reasoning. The necessary virtue for an intellectually virtuous inquirer is that they would prefer the weighty truth over the trivial one and at the same time, the weighty truth is superior because it is the goal for intellectually virtuous inquirer. I suggest another path to substantiate veritism in the face of the two sibling objections. I argue that truth is the fundamental epistemic good as it makes the epistemic realm practically valuable more than any other epistemic good. The weighty truths are preferable to the trivial ones because the practical value of the deep and important truths is usually higher. The suggested path goes away from the attempts to prove the epistemic value of truth only within the epistemic realm, yet I argue it does not compel the intellectually virtuous inquirer to seek the truth only for the sake of practical reasons.


2020 ◽  
pp. 336-362
Author(s):  
Peter Ferdinand

This chapter focuses on democracies, democratization, and authoritarian regimes. It first considers the two main approaches to analysing the global rise of democracy over the last thirty years: first, long-term trends of modernization, and more specifically economic development, that create preconditions for democracy and opportunities for democratic entrepreneurs; and second, the sequences of more short-term events and actions of key actors at moments of national crisis that have precipitated a democratic transition — also known as ‘transitology’. The chapter proceeds by discussing the different types of democracy and the strategies used to measure democracy. It also reviews the more recent literature on authoritarian systems and why they persist. Finally, it examines the challenges that confront democracy in the face of authoritarian revival.


2019 ◽  
Vol 105 ◽  
pp. 03001 ◽  
Author(s):  
Valery Nesterov ◽  
Vladimr Aksenov ◽  
Vladimir Sadovets ◽  
Dmitry Pashkov

The article presents the technical solution for the location of cutting elements relative to the rotation center of Geohod for destructing rocks with a strength up to 1 of Protodyakonov hardness. The relevancy of the research is considered. General information about Geohod is given. The features of working body of Geohod are described, in particular, the formation of a complex shape of the face and the working body, and it is also said that in the case of screw movement of working body of Geohod to the face, the points of working body form a helicoidal (helical) surface. To set the purpose and objectives of the study the geometric parameters of generatrix are justified. The parameter depending on the number of blades and on the radius of location of the blade’s cut is identified. Based on the study, the dependence of the number of blades on their location from the center to the periphery is determined. The design of blade working body of Geohod for rocks with a strength f <1 of Protodyakonov hardness is offered. Also the directions for further research have been identified, which include: the development of methods for calculating cutting forces for a technical solution for the location of cutting elements relative to the center of rotation of Geohod for destructing rocks up to 1 of Protodyakonov hardness; the application of this technique for obtaining variants of the blade working body of Geohod of different types.


1917 ◽  
Vol 11 (4) ◽  
pp. 643-684 ◽  
Author(s):  
Denys P. Myers

In a previous paper foreign relations as a phase of governmental activity were considered chiefly as an international phenomenon. Such relations were there discussed largely in their political bearing and some attempt was made to deduce from practice the considerations which affect foreign offices and the conditions encountered by diplomatic personnel. The problems of secrecy in negotiations and of secret treaties were examined and an effort made to indicate how much knowledge of both may be justifiably concealed. The present paper is a study of legislative control over foreign relations.Systems of legislative handling of foreign relations may be distinguished as of three types, which we may designate as the continental, the executive, and the American. The American type is characterized by an imposed agreement between the executive and legislative departments of government before treaties can become binding upon the state. The continental type is characterized by a less complete dependence of the executive upon the legislative department in respect to treaty ratification. The executive type is characterized by an almost complete independence of the executive respecting treaty ratification.All systems recognize definitely that the conduct of foreign relations is an executive function. None denies the patent facts that it is the place of the executive to speak and act for the state, and that, in all matters not definable as legislation, the minister can definitely bind the state. Innumerable decisions under all systems are reached by the department of foreign affairs without any but the executive branch of the government knowing anything of them until they are recorded facts.


2018 ◽  
Vol 15 (3) ◽  
pp. 409-435
Author(s):  
Kawakib Al Momani ◽  
Fathi Migdadi ◽  
Eman Rabab’a

Abstract The goal of this study is to examine the strategies of politeness used in the Qur’an, the holy book of Muslims, to address and represent women. Women have been represented negatively in many different types of texts through face-threatening acts that sustain masculine power and hegemony. This study attempts to investigate the image of women in the most sacred book of Muslims. Two aspects are examined herein: the representation of women in relation to sensitive issues like sex and marriage, and the forms of address and reference to women. A qualitative approach is used to provide interpretations of the hidden meanings in the selected excerpts, adopting Brown and Levinson’s theory of politeness and Leech’s maxims of politeness as the guides for the analysis. The analysis has revealed that women all through Qur’an have been addressed and referred to decently and politely. Unlike most of the other topics where bald-on-record strategies are used, the use of off-record strategies and positive and negative face strategies of politeness have been found to be dominant in discussion of issues relevant to women. These strategies have been used to avoid unpleasant communication in spiritual issues, and also to avoid misrepresentation of women, demeaning of their persons, causing any embarrassment, and thereby saving the face of both women and recipients. However, bald-on-record strategies are sometimes used in topics related to legal matters concerning familial and social unity and solidarity. The analysis has demonstrated the means by which language is used in the Glorious Qur’an to courteously address women. Concerning interpersonal maxims, the approbation, modesty, sympathy, tact, and agreement maxims have shown to be evident in addressing and referring to women. This study will contribute to the field of pragmatics and will lead to cross-religious and cross-cultural understanding during a period where Islam and its teachings are being widely questioned and examined.


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