Applied Comparative Law: Researching Foreign Law in an Imperfect World

2002 ◽  
Vol 30 (2) ◽  
pp. 232-243 ◽  
Author(s):  
David S. Clark
Keyword(s):  
United States ◽  
International Law ◽  
Cultural Context ◽  
English Language ◽  
The United States ◽  
Comparative Approach ◽  
Foreign Law ◽  
The Social ◽  
International Legal System ◽  
Anglo American

I admit that I am an addict, a compulsive user of libraries and especially law libraries. As a comparative lawyer I need to investigate foreign law, which for me is the law of jurisdictions outside the United States. Since I believe the social and cultural context in which law operates is important to its understanding, I must leave the relative comfort of United States libraries and venture abroad to learn about the features of legal systems not adequately described in books. Beyond common law countries, as the IALL 20th Annual Course illustrates, the language of law is something other than English: yet another hill to climb to understand foreign law. For most of you, United States law is foreign law, which is the other side of the same issue. In addition, public international law lawyers could benefit from the comparative approach. This is particularly true for those from the Anglo-American world who rely almost exclusively on English language materials in their research. This narrow perspective undercuts the fundamental premise of universality behind a truly international legal system.

Relative Normativity and the Constitutional Dimension of International Law: A Place for Values in the International Legal System?

2004 ◽  
Vol 5 (1) ◽  
pp. 47-64 ◽  
Author(s):  
Stefan Kirchner
Keyword(s):  
United States ◽  
International Law ◽  
Free Trade ◽  
European Community ◽  
Legal System ◽  
The United States ◽  
Yellowfin Tuna ◽  
International Legal System ◽  
The Creation ◽  
Internal Order

While International Law becomes more and more specialized, a tendency towards Fragmentation becomes visible: more and more sub-regimes of International Law emerge, leading to an increased number of rules. With the creation of more sub-regimes, cases are becoming more likely in which more than one sub-regime is involved and the question arises, which sub-regime's rules take precedence. Recent examples for such collisions of regimes include the relation between Free Trade and the Protection of the Environment in theYellowfin-Tuna Casebetween the United States and Mexico which was settled only in January 2002, theTadic-Nicaragua Debateand theSwordfish Casebetween the European Community and Chile, including the need for some form of internal order or hierarchy within International Law.

Consensus and Crisis in American Classical Music Historiography from 1890 to 1950

2016 ◽  
Vol 33 (2) ◽  
pp. 200-231
Author(s):  
David C. Paul
Keyword(s):  
United States ◽  
Classical Music ◽  
The United States ◽  
Late Nineteenth Century ◽  
Gustav Mahler ◽  
Musical Culture ◽  
The Social ◽  
Anglo American ◽  
Shed Light

In the late nineteenth century American publishers began to answer a burgeoning demand for histories of classical music. Although some of the authors they contracted are well-known to scholars of music in the United States—most notably Edward MacDowell and John Knowles Paine—the books themselves have been neglected. The reason is that these histories are almost exclusively concerned with the European musical past; the United States is a marginal presence in their narratives. But much can be learned about American musical culture by looking more closely at the historiographical practices employed in these histories and the changes that took place in the books that succeeded them in the first half of the twentieth century. In particular, they shed light on the shifting transatlantic connections that shaped American attitudes toward classical music. Marked at first by an Anglo-American consensus bolstered by the social evolutionary theory of prominent Victorians, American classical music histories came to be variegated, a result of the influence of Central European émigrés who fled Hitler’s Germany and settled in North America. The most dramatic part of this transformation pertains to American attitudes toward the link between music and modernity. A case study, the American reception of Gustav Mahler, reveals why Americans began to see signs of cultural decline in classical music only in the 1930s, despite the precedent set by many pessimistic fin-de-siècle European writers.

International and Foreign Law in Domestic Constitutional Law

2021 ◽  
pp. 373-392
Author(s):  
Muna Ndulo
Keyword(s):  
United States ◽  
South Africa ◽  
International Law ◽  
Constitutional Law ◽  
World Wide ◽  
The United States ◽  
Post Conflict ◽  
Foreign Law ◽  
Domestic Courts

This chapter illustrates the role of international and foreign law in domestic constitutional law. Through the case analysis of South Africa (a post conflict state) and the United States (often seen as a country that is not too friendly to international and foreign legal systems), it discusses the role of international and foreign law in reconciling the regional development of the rule of law in a country, by working closely together with domestic constitutional law. The domestic courts both in the United States and South Africa, whenever they deem it appropriate, do consider international and foreign law in the resolution of disputes before them. The conditions under which each jurisdiction may resort to foreign or international law, as well as the criteria used for taking them into consideration, vary. However, most importantly, this practice should be encouraged as it promotes the uniform interpretation of international law and the progressive advancement of norms world-wide, which are aspects that are especially important in the field of human rights.

Incorporation of the Law of Nations During the American Revolution—The Case of the San Antonio

1977 ◽  
Vol 71 (2) ◽  
pp. 270-295 ◽  
Author(s):  
Henry J. Bourguignon
Keyword(s):  
United States ◽  
International Law ◽  
American Revolution ◽  
San Antonio ◽  
Common Law ◽  
The United States ◽  
Law Of Nations ◽  
The Supreme Court ◽  
The Law ◽  
Anglo American

In an article published in this Journal in 1932, Professor Edwin Dickinson pointed out that the Supreme Court, in the first thirty years of its existence, dealt with 82 cases which raised questions of international law. The Court and counsel before it repeatedly cited the familiar writers on the law of nations: Grotius, Pufendorf, Bynkershoek, Burlamaqui, Rutherforth, and Vattel. As Dickinson pointed out, “It is an ancient doctrine of the Anglo-American common law that the law of nations is incorporated in and in some sense forms part of the national law.” Largely through decisions based on the principles expressed by the classical writers, the law of nations was early incorporated as part of the law of the United States.

scholarly journals THE GUISE OF U.S. NATIONAL REFERRAL AUTHORITY TO “OTHERING” REFUGEES AND ASYLUM SEEKERS: A TWAIL APPROACH

2020 ◽  
Vol 7 (2) ◽  
pp. 99
Author(s):  
Alifa Salsabila
Keyword(s):  
United States ◽  
International Law ◽  
Asylum Seekers ◽  
Cultural Context ◽  
The United States ◽  
Executive Order ◽  
National Interests ◽  
International Protection ◽  
Refugees And Asylum Seekers ◽  
International Refugee Regime

President Trump’s issuance of Executive Order 13769 titled “Protecting the Nation from Foreign Terrorist Entry into the United States” restricts and even bans access to refugees and asylum seekers from seeking international protection in and from the United States. It is done by creating narratives that refugees and asylum seekers are capable of committing “potential threats” under the umbrella of terrorism. This study aims to dismantle the paradoxes the Executive Order conveys. It focuses on the international refugee regime under the ambit of international law and a broader context of immigration debates—socially, economically, and culturally. This study uses theThird World Approach to International Law (TWAIL),making it possible for academic legal discussionto correspond in cultural context. The findings show that Trump’s Executive Order 13769 functions as the tool for the United States to “othering” refugees and asylum seekers as foreign terrorists in order to wage its national interests while ruling out humanity and the regime.

Origins of Catholic Social Reform in the United States: Ideological Aspects

1949 ◽  
Vol 11 (3) ◽  
pp. 294-309
Author(s):  
Aaron I. Abell
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Catholic Church ◽  
Social Reform ◽  
Transition Process ◽  
The United States ◽  
American Colonies ◽  
Catholic Faith ◽  
The Social ◽  
Anglo American

Represented by a small, pioneering religious group in the Anglo-American colonies, the Catholic faith was not transplanted in conspicuous degree to the United States until the nineteenth century. Mainly through immigration the Catholic population in the United States rose from a mere 50,000 in 1800 to more than twelve millions a century later. Though many believed that countless Catholics were lost in the transition process—the question has been endlessly debated—few denied the preeminent success of the Catholic Church in handling immigrants. Its swelling membership steadily augmented its influence on most phases of American life, including the social movements which played so large and significant a part in the nation's development during the nineteenth century.

The Engaging Power of English-Language Promotion in Franco's Spain

2015 ◽  
Vol 24 (3) ◽  
pp. 415-433
Author(s):  
ÓSCAR J. MARTÍN GARCÍA ◽  
FRANCISCO J. RODRÍGUEZ JIMÉNEZ
Keyword(s):  
United States ◽  
Soft Power ◽  
English Language ◽  
The United States ◽  
Anglo American ◽  
1960S And 1970S ◽  
World English ◽  
The 1960S ◽  
The Cold War ◽  
Language Promotion

AbstractThe United States' support for the Franco dictatorship, along with British dominion over Gibraltar, caused an increasing sense of frustration towards the United States and United Kingdom amongst broad sectors of the Spanish public during the 1960s and 1970s. Growing resentment towards the Anglo-American presence in Spain threatened to jeopardise the geopolitical objectives of these two governments given the strategic importance of the Iberian Peninsula in the Cold War. Both the Americans and the British identified the promotion of the English language as a cultural tool to develop empathy amongst those Spaniards who would drive forward the eventual transition to a post-Franco era. This ‘soft power’ strategy fit perfectly with the pro-modernisation efforts taking place in several parts of the world. English teaching did not serve as a magic potion, however. Cultural seduction was not a cure-all to right the wrongs inflicted by the Anglo-American geostrategic priorities. This article explores the benefits and limitations of English language promotion in Franco's Spain and reflects on the ability of ‘soft power’ to influence what was a rather hostile hard-power context.

What is Liberalism?

2016 ◽  
Author(s):  
Duncan Bell
Keyword(s):  
United States ◽  
Political Thought ◽  
The United States ◽  
The West ◽  
American Political Thought ◽  
Subsequent Transformation ◽  
Liberal Tradition ◽  
The Social ◽  
Political Traditions ◽  
Anglo American

This chapter attempts to reframe the way in which the liberal tradition is understood. It opens with a critique of some existing interpretive protocols used to delimit political traditions. It then introduces a new way of conceptualizing liberalism, suggesting that it can be seen as the sum of the arguments that have been classified as liberal, and recognized as such by other self-proclaimed liberals, across time and space. The second half of the chapter analyzes the emergence and subsequent transformation of the category of liberalism in Anglo-American political thought between 1850 and 1950. It traces the evolution of the language of liberalism in nineteenth-century Britain, and explores how the scope of the liberal tradition was massively expanded during the middle decades of the century, chiefly in the United States, such that it came to be seen by many as the constitutive ideology of the West. It argues that this broad understanding of liberalism was produced by a conjunction of the ideological wars fought against “totalitarianism” and assorted developments in the social sciences.

Adjudicatory Jurisdiction and Public International Law

2020 ◽  
pp. 303-318
Author(s):  
Austen Parrish
Keyword(s):  
United States ◽  
International Law ◽  
Legal System ◽  
Foreign Relations ◽  
The United States ◽  
Public International Law ◽  
Customary International Law ◽  
Illegal Activity ◽  
International Legal System ◽  
Personal Jurisdiction

This chapter explores how the Fourth Restatement of the Foreign Relations Law of the United States charts a new, unexpected path in the area of adjudicatory jurisdiction. The Fourth Restatement breaks with common understandings to find that personal jurisdiction is not a concern of international law. It indicates that “with the significant exception of various forms of immunity, modern customary international law generally does not impose limits on jurisdiction to adjudicate.” The Fourth Restatement’s discussion of adjudicatory jurisdiction also appears to premise its conclusion on two unorthodox approaches to international law. First, it implies that fundamental structural limits of the international legal system can disappear unless states are vigilant in protesting illegal activity of other states. However, states are not required to persistently protest illegal activity, and it is far from clear that the absence of protests can nullify long-standing principles of sovereignty. Second, the Restatement appears to assume that states have unfettered authority absent a limiting customary rule. Yet international legal practice has not traditionally addressed jurisdictional questions that way.

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