STATE IMMUNITY OUTSIDE THE STATE IMMUNITY ACT

2001 ◽  
Vol 60 (1) ◽  
pp. 1-58
Author(s):  
Xiaodong Yang
Keyword(s):  
Professional Competence ◽  
Education Programme ◽  
The State ◽  
State Immunity ◽  
Us Military ◽  
House Of Lords ◽  
The Us ◽  
Us Government ◽  
University Professor ◽  
The One

IS the State Immunity Act 1978 the sole basis for deciding on State immunity? It is and it is not. This seemingly self-contradictory reply is due to the fact that, on the one hand, any proceedings directly or indirectly against a foreign State must be brought under the 1978 Act while, on the other, certain provisions of that Act might paradoxically render the Act itself inapplicable and therefore entail recourse to rules outside the Act for settling the issue of State immunity. This is amply illustrated by the decision of the House of Lords in Holland v. Lampen-Wolfe [2000] 1 W.L.R. 1573, which involved a claim for defamation brought by a US university professor teaching international relations at a US military base in England as part of an education programme provided by her university under a commercial agreement with the US Government. The claim was brought against the education services officer at the base, who had written a memorandum listing serious complaints about the plaintiff’s performance and questioning her professional competence. The US Government claimed immunity on the defendant’s behalf.

Taiwan will benefit from US-China friction

2018 ◽  
Keyword(s):  
North Korea ◽  
State Department ◽  
The State ◽  
Military Cooperation ◽  
Content Type ◽  
Opening Ceremony ◽  
Us Military ◽  
The Us ◽  
Us Government ◽  
At Home

Significance Taiwan-US relations got a symbolic boost when the US government opened a new 250-million-dollar institute to house the de facto embassy in Taipei, Taiwan's capital, on June 12. President Tsai Ing-wen, and a US delegation that included representatives from Congress and the State Department, attended the opening ceremony. It may have received greater attention and perhaps higher-ranking US representation had the first US-North Korea summit not been scheduled for the same day. Impacts Taiwan's president will be constrained from improving China ties by anti-China sentiment at home. More businesses could come under Chinese pressure as cross-Strait relations deteriorate further. Taiwan-US military cooperation will prompt more aggressive Chinese efforts to diminish Taiwan's standing and increase military intimidation.

scholarly journals Limits and Possibilities of the United States Military in Post-Conflict Reconstruction and Stabilization

2020 ◽  
Author(s):  
Alcir Santos Neto
Keyword(s):  
Nation Building ◽  
The United States ◽  
Humanitarian Assistance ◽  
Inspector General ◽  
Post Conflict ◽  
Us Military ◽  
The Us ◽  
Us Government ◽  
Post War ◽  
Military Engagement

This study probes the limits and possibilities of US military efforts to facilitate the transition from warfighting to nation-building. Most comparative studies conceive the complexity of this transition along a spectrum from conflict to humanitarian assistance to post-conflict stabilization. While the last two stages have often been interpreted as a coordinated act of civil-military ‘nation-building’; the spectrum, in fact, represents an ideal type simplification. At one level, outcomes depend on the players involved, including: sovereign nations, national militaries, international and regional institutions, UN peacekeepers, private security contractors, and non-governmental humanitarian providers, among others. On the other hand, because the number, types, and causes of case outcomes are highly diverse and contingent upon many possible factors (among them for example: political, economic, military, organizational, humanitarian, cultural, and religious), institutions like the US military face serious difficulties both planning and coordinating post-conflict scenarios. Assuming this complex backdrop, the present study offers a qualitative analysis of two recent US government reports by the Special Inspector General for Afghanistan Reconstruction (SIGAR) and the Special Inspector General for Iraq Reconstruction (SIGIR) on US military engagement in Afghanistan and Iraq. In both cases, the US government sought to ‘nation-build’ by facilitating post-war stabilization and humanitarian assistance, detailing its genuine efforts to record both processes. While results indicate some limited successes in both cases, they also indicate a familiar pattern of uneven performance failures consistent with other cases internationally. The analysis concludes with recommendations for further research that may better control the contingencies of post-conflict management.

Deploying Jim Crow

2021 ◽  
pp. 297-343
Author(s):  
Thomas A. Guglielmo
Keyword(s):  
White Supremacy ◽  
Jim Crow ◽  
Black Americans ◽  
Home Front ◽  
The Other ◽  
Multiple Forms ◽  
Us Military ◽  
The Us ◽  
The World ◽  
The One

Chapter 8 explores what happened to the US military’s black-white lines as American troops moved overseas. On the one hand, the US military transplanted these lines all around the world. While not identical to those on the home front, they also took multiple forms, involving everything from jobs and dances to courts-martial and minstrel performances. They also stemmed from the military’s paradoxical goals of winning a war for democracy while at the same time protecting white supremacy. On the other hand, fully achieving this latter goal became more difficult overseas because of locals’ warm relations with black Americans, the black-white comradeship of some American GIs, and the activism of black troops. Taken together, these developments chipped away at the black-white divide. At war’s end, Jim Crow in uniform was far from dead, but it lay moderately wounded just the same.

A Century of US Diplomatic Security

2019 ◽  
pp. 11-36
Author(s):  
Patrick Cullen
Keyword(s):  
United States ◽  
The United States ◽  
The State ◽  
Washington Dc ◽  
Us Military ◽  
The Us ◽  
Military Units

The United States' diplomatic security apparatus that operates today from Washington DC to Iraq and Afghanistan is uniquely massive. It is incomparable in its size, budget, degree of institutionalization, and level of sophistication when set against both other nations as well as its own humble origins in WWI. To understand why this is so, the first half of this chapter historically maps and causally explains how, and why, US diplomatic security has been transformed over the course of its modern hundred-year history. The second half provides an empirically rich study of the various roles and functions of the State Department's Bureau of Diplomatic Security and the US military units that protect the US diplomatic mission.

The Alleged Use of Chemical Weapons Against the Syrian People: Does It Justify Forceful Intervention?

2017 ◽  
Vol 21 (2) ◽  
pp. 138-159
Author(s):  
S. Krishnan
Keyword(s):  
Crimes Against Humanity ◽  
American People ◽  
Chemical Weapons ◽  
Military Force ◽  
Us Military ◽  
Geneva Conventions ◽  
The Us ◽  
Us Government ◽  
The Usa ◽  
Military Campaign

The USA continues to deliberate over the use of military force against the Syrian regime under Bashar al-Assad, after its alleged use of chemical weapons against civilians. So long as the UN Security Council does not agree with intervention, any US action is not permissible under the UN Charter. Even the principle of Responsibility to Protect would not be justified in this case, as any action is likely to be short, punitive, and unlikely to end the attacks on Syrian civilians. To determine if international law permits the launching of US military strikes in Syria, it is the UN Charter, and not the Geneva Conventions, which must guide the US government and the American people. Then, there is the so-called humanitarian intervention, or a military campaign calculated to stop widespread attacks on a civilian population, including acts of genocide, other crimes against humanity, and war crimes.

Recommendations of the Workshop on Injury Control and Public Health

PEDIATRICS ◽  
1990 ◽  
Vol 86 (6) ◽  
pp. 1091-1091
Keyword(s):  
Public Health ◽  
State Government ◽  
School Health ◽  
Local Level ◽  
The State ◽  
Injury Surveillance System ◽  
The Us ◽  
Us Government ◽  
State And Local ◽  
Injury Control

1. In each state department of public health, a focus for injury control should be responsible for developing objectives for injury control at the state and local level. 2. Injury control activities, including the state reporting of injuries and the development of a national injury surveillance system, should be funded adequately by the US government. 3. The US government and each state government should develop an explicit health policy for children. 4. The revenue that would be generated by a "user fee," a much heavier tax on tobacco and alcohol (alcohol plays a role in 40% to 50% of injuries) should be used to support public health programs for children. 5. A comprehensive school health education program should be established.

Silent Partners: SOE's French Indo-China Section, 1943–1945

2000 ◽  
Vol 34 (4) ◽  
pp. 943-976
Author(s):  
MARTIN THOMAS
Keyword(s):  
Effective Resistance ◽  
Guerrilla Warfare ◽  
Pacific War ◽  
Japanese Occupation ◽  
The Pacific ◽  
The Us ◽  
Us Government ◽  
Office Of Strategic Services ◽  
The One ◽  
Resistance Movement

Pursued over the last two years of the Pacific war, the Free French effort to organize and direct an effective resistance to the Japanese occupation of Indo-China ended in military failure. Characterized by administrative complexity, inadequate supplies and attenuated communications, Gaullist insurgency was marred by Free France's de facto reliance upon Admiral Louis Mountbatten's South East Asia Command (SEAC). While the re-conquest of Malaya and Burma remained incomplete, British backing for a resistance network in Indo-China was bound to be limited. And as British interest in the final re-conquest of their own territories climaxed in the spring and summer of 1945, so material provision for the French in Indo-China inevitably declined. Although Mountbatten consistently supported his Free French protégés, Churchill, in particular, was reluctant to take issue with his American allies. Neither the US government nor American commanders in China and the Pacific supported Free French methods and objectives. By 1945, the American Office of Strategic Services (OSS), dedicated to supporting guerrilla warfare and resistance organization, and the Office of War Information (OWI), which disseminated US propaganda, were developing independent contacts inside northern Indo-China. As a result, the OSS increasingly endorsed the one truly effective resistance movement: Ho Chi Minh's Viet Minh coalition.

Railroad, Oil and Other Foreign Interests in the Mexican Revolution, 1911–1914

2003 ◽  
Vol 35 (1) ◽  
pp. 25-51 ◽  
Author(s):  
JOHN SKIRIUS
Keyword(s):  
Financial Support ◽  
Mexican Revolution ◽  
Early Years ◽  
Business Interests ◽  
Us Military ◽  
The Us ◽  
Us Government ◽  
Business Lobbying ◽  
Henry Clay

A polarisation of foreign railroad, oil and other business interests in Mexico occurred during the early years of the Mexican Revolution. Some of the American interests resented Porfirio Díaz's favouritism towards Europe and supported Francisco Madero for a change, and later, Venustiano Carranza. There is evidence of limited logistical support by the US government in May 1911 for the Madero revolution, and of financial support by US railroad and oil magnate Henry Clay Pierce. The overthrow of President Madero at the instigation of General Victoriano Huerta and General Félix Díaz, with the tacit support of British railroad and oil magnate Weetman Pearson, had very strong repercussions through President Huerta's subsequent alliance with British interests in Mexico. The US military superpower intervention in Veracruz of April 1914 was the action involving US business lobbying which had the greatest impact on the outcome of the Mexican Revolution, in favour of Carranza.

scholarly journals Christian zionism as a factor of US politics

2013 ◽  
Vol 65 (4) ◽  
pp. 462-478
Author(s):  
Miroljub Jevtic
Keyword(s):  
Foreign Policy ◽  
Middle East ◽  
Religious Beliefs ◽  
Us Foreign Policy ◽  
The State ◽  
Political Pressure ◽  
Christian Zionism ◽  
The Us ◽  
Us Government ◽  
State Of Israel

One of the most important phenomena in US politics is Christian Zionism. The term Christian Zionism is related to unity of a large part of Protestant beliefs and the Zionists movement. The religious motives of US Protestants have coincided with the Jewish intention to go back to Palestine. In this way, Protestant religious motives could only be achieved by using political pressure on the US government. The goal of this pressure is to turn the foreign policy of Washington into a struggle for reconstruction and maintenance of the state of Israel. That is why many people wrongly believe that the US policy in Middle East is a product of the Jewish lobby. However, the US foreign policy in Middle East is a product of religious beliefs of Christian Zionists and the Jewish lobby is just using this fact for its own purposes.

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