Sanctions Beyond Borders: Multinational Corporations and U.S. Economic Statecraft. By Kenneth A. Rodman. Lanham, MD: Rowman & Littlefield Publishers, Inc., 2001. 288p. $75.00 cloth, $26.95 paper.

2002 ◽  
Vol 96 (4) ◽  
pp. 891-892
Author(s):  
Scott Pegg
Keyword(s):  
United States ◽  
Human Rights ◽  
Multinational Corporations ◽  
Economic Sanctions ◽  
The United States ◽  
Military Regimes ◽  
Limited Success ◽  
Economic Statecraft ◽  
The Military

The 1990s saw a resurgence in demand for economic sanctions. The United States imposed extraterritorial sanctions on Cuba through the Helms-Burton Law and on Iran and Libya through the Iran-Libya Sanctions Act. Environmental and human rights activists also sought, albeit with limited success, to impose sanctions against the military regimes in Burma and Nigeria.

Self-Selection and Host Country Context in the Economic Assimilation of Political Refugees in the United States, Sweden, and Israel

2018 ◽  
Vol 52 (2) ◽  
pp. 524-558 ◽  
Author(s):  
Debora Pricila Birgier ◽  
Christer Lundh ◽  
Yitchak Haberfeld ◽  
Erik Elldér
Keyword(s):  
United States ◽  
Natural Experiment ◽  
The United States ◽  
Economic Assimilation ◽  
Host Countries ◽  
Military Regimes ◽  
Self Selection ◽  
Political Refugees ◽  
The Military ◽  
Positive Effect

We study the interplay between host countries’ characteristics and self-selection patterns in relation to refugees’ economic assimilation using a natural experiment in which immigrants from one region migrated to three destinations under similar circumstances. We focus on emigrants fleeing from Argentina and Chile during the military regimes there to the United States, Sweden, and Israel. We find that those refugees show patterns of selection and assimilation similar to those of economic immigrants. Immigrants to the United States and Israel exhibit better selection patterns and consequently faster assimilation than immigrants to Sweden even considering the positive effect of the Swedish market structure.

scholarly journals Corporations and human rights - new challenges and solutions

2019 ◽  
Vol 15 (3) ◽  
pp. 64-70
Author(s):  
Igor A. Arsenyev
Keyword(s):  
United States ◽  
Human Rights ◽  
Multinational Corporations ◽  
The United States ◽  
Contract Law ◽  
The State ◽  
Fundamental Rights ◽  
Legal Personality ◽  
Electoral Campaigns ◽  
The Individual

Introduction. The article examines the issues of legal personality related to human rights in international and national law and whether these relations are limited by the interaction of the state and the individual.Since 2016 the United States has been investigating alleged Russian meddling in the US election, which, in addition to hacker attacks, might have been carried out through social networks and services owned by the American multinational corporations – Facebook, Youtube, Twitter, etc. Discussions in the Senate shed light on the business activities of the companies themselves which had an opportunity to manipulate and most likely manipulated the public consciousness, which is a violation of the basic human rights to freedom of choice, freedom of the media and others. At the same time this activity occurred with the alleged observance of legislation and contract law.The article discusses various aspects of the activities of Google and Facebook during a number of American electoral campaigns as evidence of corporate human rights violations.Materials and methods. The methodological basis of the study comprises general scientific (analysis, analogy, comparison) and special methods of researching legal phenomena and processes (method of interpretation of legal norms, technical-legal, formal-legal and formal-logical methods).The results of the study. Nowadays Corporations have reached a level of influence comparable to that of the states. But if for economists or political scientists there is no question of including companies in the legal personality structure, lawyers still have doubts. The analysis shows that the traditional approach to human rights as a relationship exclusively between the state and the individual does not fully meet modern realities. The person of legal relations is a participant in interaction regulated by the rules of law. The electoral campaigns in the United States in recent years show that large transnational corporations are able to violate the fundamental rights of the person enshrined in the constitution while observing secondary norms designed to ensure their implementation as well as contract law concerning user agreements.Discussion and conclusions. The necessity of considering human rights in the system of relations “state corporation – physical individual” was substantiated. The conclusion is made that corporations are a threat to the observance of human rights. The topicality of researching the American experience regarding Internet companies influencing the electoral processes in Russia was shown.

Symbolic act, real consequences: Passing Canada’s Magnitsky Law to combat human rights violations and corruption

2020 ◽  
Vol 75 (2) ◽  
pp. 163-178
Author(s):  
Meredith Lilly ◽  
Delaram Arabi
Keyword(s):  
United States ◽  
Human Rights ◽  
Driving Force ◽  
Economic Sanctions ◽  
The United States ◽  
Human Rights Violations ◽  
Canadian Government ◽  
Human Rights Abuses ◽  
Legislative Changes

Both the volume of economic sanctions and the reasons for their imposition have increased tremendously around the globe. In this context, several countries, including the United States and Canada, have introduced Magnitsky acts to enable their governments to act unilaterally to impose sanctions against foreign actors for gross violations of human rights and significant acts of corruption. This paper evaluates the legislative changes made to Canada’s sanction regime in 2016–2017 and explores how the new authorities have been applied following implementation (2017–2019). We find that, despite granting the Canadian government new authorities to undertake autonomous sanctions, the country has continued to cooperate with other states as it had done prior to the changes. We conclude that lawmakers never intended for Canada to use the new autonomous capabilities to “go it alone.” Instead, the symbolism represented by Canada taking a strong stance against human rights abuses globally was the driving force behind the Magnitsky Law’s passage.

scholarly journals Mexico’s Political Militarization Returns

2012 ◽  
Vol 2 (2) ◽  
pp. 150-168 ◽  
Author(s):  
Joaquin Bardallo Bandera
Keyword(s):  
United States ◽  
Human Rights ◽  
Armed Forces ◽  
The United States ◽  
Mexican Government ◽  
Drug Cartels ◽  
The Military ◽  
Presidential Legitimacy

This paper discusses the unprecedented militarization of the Mexican government under the current presidency of Felipe Calderón Hinojosa. This paper presents an overview of the military infringement upon civil control that has existed since 2006 in Mexico and continues to exist due to various factors that will be discussed in this essay, such as: The United States’ strong military influence over the Mexican Armed Forces, the use of the military as a substitute for a failing presidential legitimacy, the use of ‘fuero militar’ to abuse civilians’ human rights and lastly, the Mexican government’s decision to use the military as the only possible solution to intervene and eliminate the drug cartels.

scholarly journals Jair Bolsonaro’s diplomacy: dismantling traditional foreign policy of Brazil

2021 ◽  
Vol 8 (3) ◽  
pp. 35-42
Author(s):  
M. Bezerra
Keyword(s):  
United States ◽  
Human Rights ◽  
Foreign Policy ◽  
Brazilian Amazon ◽  
The United States ◽  
Military Dictatorship ◽  
Additional Protocol ◽  
The World ◽  
The Government ◽  
The Military

The author of the article under consideration analyzes Brazilian foreign policy in the period of the two years of Jair Bolsonaro’s government. According to predictions, introduction of the ultraright politician to power radically changed Brazil’s traditional foreign policy recognized for its independence, pragmatism and moderation. ‘Bolsonarist’ diplomacy led by chancellor Ernesto Araújo, following the agenda of the foreign policy of the United States, deconstructs the paradigms of Brazilian diplomacy, including the so-called ‘responsible pragmatism’ formulated by the government of president Ernesto Geisel (1974-1979) during the military dictatorship as one of the pillars of Brazil’s role on the world stage, including the 13 years of the center-left government of the Worker’s Party (2003- 2016). Thus, paradoxically, Jair Bolsonaro ignores the lessons of the military regime of which he is an admirer and an apologist. Despite that, however, Bolsonaro’s government has reaffirmed Brazil’s role in BRICS, responded to threats posed to Brazil’s sovereignty over the Brazilian Amazon and reaffirmed its decision not to join the IAEA Additional Protocol. Stripped of its alliance with ‘trumpism’, Brazil will face challenges in environmental and human rights areas with Joe Biden’s administration. Possible dismissal of Ernesto Araújo, being an object of discontent in agribusiness and in the military, political and diplomatic circles, may mean an ‘adjustment’, but it will not bring about significant changes in the foreign policy of ‘bolsonarism’.

scholarly journals Why Military Matters: Re Colonel Arid; Ex parte Alpert and the 'Service Connection' Test versus the 'Service Status' Test: Competing Approaches to the Triggering of the Defence Power

2008 ◽  
Vol 13 (2) ◽  
pp. 177 ◽  
Author(s):  
Scott Guy ◽  
Barbara Ann Hocking
Keyword(s):  
United States ◽  
The United States ◽  
Judicial Power ◽  
Military Regimes ◽  
Military Tribunal ◽  
The Military ◽  
Military Discipline

<p>With political changes afoot in both Australia and the United States, it is timely to review military regimes and remind ourselves how greatly they matter. Section 51(vi) of the Constitution authorises the Commonwealth Parliament to legislate with respect to: ‘The naval and military defence of<br />the Commonwealth and of the several States and the control of the forces to execute and maintain the laws of the Commonwealth…’ One of the concerns in relation to s 51(vi) has been whether this provision supports the establishment of military tribunals and, further, whether these tribunals can<br />be regarded as exercising judicial power of the Commonwealth and thus be regarded as properly constituted courts for the purposes of Ch III of the Australian Constitution. The High Court’s 2004 decision in Re Colonel Aird; Ex parte Alpert has established that military tribunals and, more generally, the military discipline system will be regarded as constitutionally<br />valid and a properly constituted court for the purposes of Ch III provided that it is applied to conduct which can be regarded as ‘service connected’ or invoked for the purposes of enforcing and maintaining discipline among the defence forces. This article examines the decision in Aird’s Case and the associated ‘service connection’ test as a basis for supporting the constitutional validity of the military tribunal system. The concluding section of the article develops some further observations on the newly created Australian Military Court.</p>

Judicial Review and the Military Commissions Act: On Striking the Right Balance

2007 ◽  
Vol 101 (2) ◽  
pp. 344-362 ◽  
Author(s):  
David A. Martin
Keyword(s):  
United States ◽  
Human Rights ◽  
Judicial Review ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Geneva Conventions ◽  
Military Commissions ◽  
The Right ◽  
The Military

Hamdan v. Rumsfeld seemed a promising example of a special form of judicial role. Abstaining from deploying its ultimate power to judge the constitutionality of an action of a political branch, the United States Supreme Court used statutory construction to give a strong nudge in a direction favorable to human rights. It negated a questionable and controversial policy—President George W. Bush’s unilateral establishment of military commissions to try terrorist suspects by means of reduced procedures—and essentially remanded the matter to Congress. The initial fruits of that remand, the Military Commissions Act (MCA), came as a disappointment. The Act cuts back on judicial review of the treatment of prisoners at Guantánamo and other U.S. detention sites overseas; it limits certain key protections available to the accused in a military commission proceeding, as compared to courts-martial; and it takes a crabbed view of the requirements of common Article 3 of the Geneva Conventions—at least as applied to the actions of U.S. agents. Nonetheless, further judicial and congressional reconsideration is certainly possible—and highly desirable.

Clerics, Exiles, and Academics: Opposition to the Brazilian Military Dictatorship in the United States, 1969–1974

2003 ◽  
Vol 45 (1) ◽  
pp. 87-117
Author(s):  
James N. Green
Keyword(s):  
United States ◽  
Human Rights ◽  
Latin America ◽  
Latin American ◽  
Body Politic ◽  
The United States ◽  
Government Officials ◽  
National Body ◽  
Human Rights Standards ◽  
The Military

AbstractVirtually no one in the United States raised objections to the 1964 military takeover of the Brazilian civilian government. In the early 1970s, however, the Brazilian regime had become associated with torture and the arbitrary rule of law. By the end of that decade, compliance with human rights standards had developed into a yardstick for measuring U.S. foreign policy initiatives in Latin America. This paper argues that between 1969 and 1974, a small group of dedicated church activists, exiled Brazilians, and academics introduced the issue of human rights in Latin America into the U.S. national body politic. A network of concerned activists fashioned a systematic campaign to educate journalists, government officials, and the public about the abuses taking place under the generals' rule. Their activities helped isolate the military regime and laid the groundwork for a broader solidarity movement with Latin American popular struggles in the late 1970s and 1980s.

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