The Impact of the Nicaragua Case on Matters of Evidence and Fact-Finding

2012 ◽  
Vol 25 (1) ◽  
pp. 149-156
Author(s):  
PAUL S. REICHLER

AbstractThe Nicaragua case demonstrates the Court's competence in receiving and interpreting evidence, and in making reasoned findings of fact, even in the most complicated evidentiary context, as is often presented in cases involving use of force and armed conflict. The Court applied well-established standards for evaluating the conflicting evidence presented to it. In particular, the Court determined that greater weight should be given to statements against interest made by high-level government officials than to a state's self-serving declarations. The Court also determined that statements by disinterested witnesses with first-hand knowledge should receive greater weight than mere statements of opinion or press reports. In applying these guidelines, the Court found, correctly, that (i) the United States had used military and paramilitary force against Nicaragua both directly and indirectly, by organizing, financing, arming, and training the Contra guerrillas to attack Nicaragua; (ii) the evidence did not support a finding that the United States exercised direct control over the Contras’ day-to-day operations; and (iii) there was no evidence that Nicaragua supplied arms to guerrillas fighting against the government of El Salvador during the relevant period, or carried out an armed attack against that state. While Judge Schwebel's dissent criticized the last of these findings, in fact, the evidence fully supported the Court's conclusion. In subsequent decisions during the past 25 years, the Court has continued to rely on the approach to evidence first elaborated in the Nicaragua case and has continued to demonstrate its competence as a finder of fact, including in cases involving armed conflict (Bosnia Genocide) and complex scientific and technical issues (Pulp Mills).

Ekonomika ◽  
2015 ◽  
Vol 93 (4) ◽  
pp. 85-118 ◽  
Author(s):  
Vaidotas Pajarskas ◽  
Aldona Jočienė

The main purpose of this article is to determine which factors and how contributed to the subprime mortgage crisis in the United States in 2007–2008, what their causal links and effects on the markets and the whole economy were, and to assess what actions could have been taken by the Federal Reserve and the Government in order to mitigate or prevent the consequences of subprime mortgage crisis and housing bubble. In order to obtain the research results, the authors performed a qualitative analysis of the scientific literature on the course of events and their development that led to the subprime mortgage crisis, and focused on the insufficiently regulated home mortgage market expansion, the impact on the subprime mortgage crisis of financial innovations and financial engineering, poorly evaluated systemic risks and policy undertaken by both the U.S. Government and the Federal Reserve before and after the crisis. The quantitative research focused on two main parts: firstly, analysis of the dependence between the causes of subprime mortgage crisis and the consequences, using a statistical and regression analysis, and secondly, an alternative path the Government and the Federal Reserve could have taken in their policy actions and the results they could have produced. The authors believe that the results of the research could give useful guidelines to the central bankers and government officials on how to make long-term decisions that can help in preparing for the financial distress, mitigating the consequences when the crisis strikes, accelerating the recovery and even preventing the crisis it in the future. The second part of the qualitative research will appear in the next issue of the journal.


2021 ◽  
Vol 6 (2) ◽  
Author(s):  
Ahmad Shah Azami

As part of its “War on Terror”, the United States (US) provided immense sums of money and advanced equipment to Afghan warlords in order to defeat and dismantle the Taliban and al-Qaeda in Afghanistan. Nearly two decades after the 2001 US-led intervention in Afghanistan that toppled the Taliban regime, the US continues supporting the warlords in various ways. As the intervention was also aimed at establishing a functioning state and reconstruction of the war-torn country, the US needed the support of local warlords to achieve its goals. However, over time, warlords and warlordism became a major challenge to the postTaliban state-building project and in many ways undermined the overall security and the state monopoly on violence. These warlords, who had been mostly expelled and defeated by the Taliban regime, returned under the aegis of the B52 bombers, recaptured parts of the country and reestablished their fiefdoms with US support and resources. They not only resist giving up the power and prestige they have accumulated over the past few years, but also hamper the effort to improve governance and enact necessary reforms in the country. In addition, many of them run their private militias and have been accused of serious human rights abuses as well as drug trafficking, arms smuggling, illegal mining and extortion in the areas under their control or influence. In many ways, they challenge the government authority and have become a major hurdle to the country’s emerging from lawlessness and anarchy. This paper explores the emergence and reemergence of warlords in Afghanistan as well as the evolution of chaos and anarchy in the country, especially after the US-led intervention of late 2001. It also analyzes the impact of the post-9/11 US support to Afghan warlords and its negative consequences for the overall stability and the US-led state-building process in Afghanistan.


2022 ◽  
pp. 136346152110490
Author(s):  
Simon Hanseung Choi ◽  
Clayton Hoi-Yun McClintock ◽  
Elsa Lau ◽  
Lisa Miller

Self-transcendence has been associated with lower levels of psychopathology. Most studies of self-transcendence have focused on samples of Western participants, and used scales addressing such concepts as self-awareness and feelings of oneness with the larger universe. However, a common Eastern notion of transcendence—perception of ongoing relationships with ancestors—has not been studied. We conducted a cross-cultural investigation of the association between self-transcendence, perceived degree of relationship to ancestors and depression and anxiety in the United States (N = 1499), China (N =  3,150), and India (N = 863). Degrees of perceived relationship to ancestors differed across countries, with the highest rates in India and China, and lowest rates in the United States. Self-transcendence was negatively associated with risks for depression and anxiety in the United States. In India, self-transcendence was also negatively associated with risks for depression and anxiety, and a strong perceived relationship with ancestors had further protective benefit. In China, those with a high level of perceived relationship to ancestors and a high level of self-transcendence exhibited lower levels of psychopathology. Results suggest that measures of relationship to ancestors might be included in future cross-cultural studies of transcendence.


2020 ◽  
Vol 38 (2) ◽  
pp. 157-166
Author(s):  
Sarah Gaddy ◽  
Ressa Gallardo ◽  
Shelley McCluskey ◽  
Leanna Moore ◽  
Alex Peuser ◽  
...  

Abstract In early 2020, the COVID-19 pandemic was declared, which impacted music therapists in terms of employment, service delivery, and mental health. However, the extent of changes within the profession was unknown. The purpose of this study was to determine the impact of the pandemic on the employment, service delivery, stress, and hope of music therapy professionals in the United States. Music therapists (N = 1,196) responded to a 51-item survey including questions related to employment and service delivery. The study also included the Adult Hope Scale and the Perceived Stress Scale-10 (PSS-10). Results indicated that many music therapists experienced changes in their positions, including a decrease in client contact hours and an increase in using alternative services, such as telehealth. Changes in service hours and delivery were higher for individuals who worked in private practice than for other settings. Primary respondent concerns included being a carrier of COVID-19, being isolated from loved ones, and income loss. Compared with prior general population samples from the United States, respondents reported higher levels of hope, with a majority of respondents also reporting a high level of hope for the profession. Respondents also indicated a moderate level of perceived stress on the PSS-10. Open response comments provided additional insights into the situational stressors and feelings of hope at this time in the pandemic. The results of this study indicate that music therapists adapted to service delivery changes and continued to provide services to clients, despite the many difficulties faced during the pandemic.


2004 ◽  
Vol 56 (1) ◽  
pp. 45-60 ◽  
Author(s):  
Douglas M. Thompson ◽  
Gregory N. Stull

Abstract The use of instream structures to modify aquatic habitat has a long history in the United States. Pioneering work by wealthy landowners in the Catskills region of New York produced a range of designs in the decades preceding the Great Depression in an effort to replenish fish populations depleted from overfishing. The scientific evaluation of structures began in 1930. Within two years, a Michigan research team claimed improved fish populations. Cheap labor and government-sponsored conservation projects spearheaded by the Civilian Conservation Corps allowed the widespread adoption of the techniques in the 1930s, before adequate testing of the long-term impact of the devices. The start of World War II temporarily ended the government conservation efforts and prevented the continued evaluation of structures. During the 1940s, 1950s and 1960s, designs of instream structures remained essentially unchanged. Meanwhile, the small number of evaluations of the impact of the structures often were flawed. The continued use of early designs of instream structures helped instill a false belief that instream structures were proven to be a benefit to fish. Even modern use of instream structures continues to rely on the basic blueprints developed in the Catskills, despite documented problems with the use of these designs.


Author(s):  
Damion Thomas

This chapter examines the “challenges, contradictions, and political nature” of African American sports emissaries during the early Cold War era. Recognizing the impact that Soviet declarations of American mistreatment of blacks were having on global public opinion about the United States, government officials planned goodwill trips that provided opportunities for people around the world to meet successful African Americans whose abilities on the playing field and loyalty to the nation represented a positive counterweight to the claims being posited by adversaries of the United States. The chapter devotes special attention to athletes' response to the program, most of whom were initially unaware of the underlying political purpose of their trips. There was an unintended politicizing effect for the athletes, as many used the forum to distance themselves from domestic policies, push for civil rights, and find common cause with subjugated peoples around the world. An increased unwillingness for citizen diplomats to “stay on message” resulted in the programs being scaled back in the late 1960s.


2020 ◽  
Vol 12 (1) ◽  
pp. 150-196
Author(s):  
A. A. Manukhin

In the present paper the author continues the study of the challenges faced by Colombia in its struggle to overcome the internal armed conflict, as well as the role of the United States in this process. By 2010 the confrontation between the government forces and the armed rebels had reached a breaking point opening the way to a successful conclusion of the Government of Colombia–FARC peace negotiations and the beginning of the country’s post-conflict reconstruction. The paper thoroughly examines the negotiations process, identifies the key disputed issues and the measures outlined for their resolution, including mechanisms of transitional justice, agrarian reform, programmes for demobilization and reintegration of the former combatants. The results of these talks laid the foundation for the historic Peace Accord of September 26, 2016. However, against all hopes and expectations, the agreement failed to bring an end to the long-standing internal conflict in Colombia. The failure of the national referendum, which was designed to approve the agreement, not only revealed deep divisions in the society, but forced the government to make serious concessions to the opponents of the negotiations with FARC. The author emphasizes the growing erosion of the hard-won consensus in the Colombian society, accompanied by the consolidation of the right-wing conservative camp. In this context the role of external sponsors of the peaceful agreement in general and the United States in particular becomes crucial. The paper presents a comparative analysis of approaches to providing aid to Colombia demonstrated by the administrations of Barack Obama and Donald Trump. The author concludes that despite substantial differences, for both administrations the ultimate objective was national security of the United States. That was clearly demonstrated by the fact that the US foreign aid to Colombia focused primarily on the fight against the illegal production of and trafficking in drugs, while the issues of peacebuilding and post-conflict reconstruction received less attention. Assessing Colombia’s experience in overcoming the internal conflict and the role of the United States in that process, the author concludes that although prioritization of security issues may have a considerable organizing potential, at the same time it may be detrimental to the process of post-conflict reconstruction in general.


1996 ◽  
Vol 4 (3) ◽  
pp. 73-87
Author(s):  
Alan J. Dubinsky ◽  
Abdalla Hanafy

Exporting has become a popular means for businesses to augment sales and profitability and for countries to improve their gross domestic product and balance of trade. As a complement to export selling, high-level government officials increasingly are providing export promotional assistance to their nations’ industries. Much of what is known about this “high-level government selling, “ however, is based on conventional wisdom and anecdotal evidence. This article reports the results of a study that examined non-U.S. politicians’ export selling efforts. Data were obtained from surveys of foreign embassy diplomats in the United States. Findings offer insights into what government officials are doing to stimulate sales of their countries’ exports.


1997 ◽  
Vol 8 (1) ◽  
pp. 45-63
Author(s):  
Noel D. Uri ◽  
Roy Boyd

The analysis in this paper examines the impact of reducing the federal excise tax on gasoline and diesel fuel on the United States economy in general and the agricultural sectors in particular. The analytical approach used in the analysis consists of a computable general equilibrium model composed of fourteen producing sectors. fourteen consuming sectors, six household categories classified by income and a government. The effects of a 4.3 cents per gallon reduction in the excise tax on gasoline and diesel fuel in prices and quantities are examined. The results suggest. for example, a decrease in the tax would result in higher output by the producing sectors (by about $2.86 billion), a decline in output in the agricultural sectors of about 0.01 percent or $18.4 million. an expansion in the consumption of goods and services (by about $3.84 billion), and an increase in welfare (by about $3.59 billion). The government would realize a decrease in revenue of about $2.37 billion. When subjected to a sensitivity analysis. the results are reasonably robust with regard to the assumption of the values of the substitution elasticities.


2017 ◽  
Vol 4 (2) ◽  
pp. 7-17 ◽  
Author(s):  
Todor Hristov

Abstract The paper claims that conspiracy theories in Bulgaria are organized as a milieu rather than as a genre, and that, depending on their intensity, conspiracy theories can perform heterogeneous functions, which range from justification of political claims and popular mobilization to entertainment. Building on that conceptual framework, the paper illustrates the most prominent functional types of Bulgarian conspiracy theories. The higher-intensity theories are exemplified by the narratives of corruption and of the afterlife of the former communist secret services. The lower-intensity theories are illustrated by the fortunately short-lived question if the president of the United States has been abducted by aliens. The impact of the Bulgarian conspiratorial milieu on global theories is represented by the example of the Bulgarian modifications of the traveling narrative of the conspiracy of Jewish bankers. The emancipatory potential of the conspiracy theories is demonstrated by the example of the 2011 anti-GMO protests, motivated by narratives of conspiracy between the government and transnational corporations, which derived their energy from the associated milieu of ecological concerns.


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