scholarly journals “Don't Do as I Do”—The US Response to Russian and Chinese Cyber Espionage and Public International Law

2018 ◽  
Vol 19 (3) ◽  
pp. 613-626
Author(s):  
Patrick C. R. Terry
Keyword(s):  
International Law ◽  
The United States ◽  
Chinese Government ◽  
Sensitive Information ◽  
Russian Government ◽  
Public International Law ◽  
The Us ◽  
Us Government ◽  
Cyber Espionage ◽  
First Time

The Russian government is accused of hacking emails circulating among senior members of Hilary Clinton's campaign team to support President Trump's election in 2016. This was not the first time the United States was the target of massive cyber espionage: The Chinese government is believed to have gained sensitive information on 22.1 million US government employees through “cyber intrusions” in 2014. This Article will examine whether cyber espionage of this kind is unlawful under public international law and will conclude that it is. Specifically, such espionage can result in a violation of territorial sovereignty and will likely violate the principle of non-intervention in the internal affairs of other States. Yet, based on the controversial “clean-hands-doctrine,” past US actions in the realms of cyber espionage and intervention may well invalidate any claims it asserts against Russia or China.

scholarly journals China’s Accession to Government Procurement Agreement under the Trump Administration’s Trade Policy

2019 ◽  
Vol 13 (1) ◽  
pp. 237
Author(s):  
Feng Guo ◽  
Fen Zhou
Keyword(s):  
United States ◽  
Trade Policy ◽  
The United States ◽  
Government Procurement ◽  
Chinese Government ◽  
The Past ◽  
The Us ◽  
Us Government ◽  
Accession Process ◽  
Trump Administration

China committed to initiate the accession to Government Procurement Agreement when it entered the WTO as a compromise to the requirements made by GPA parties, mostly the developed western countries such as the United States. China started its official attempt to join the GPA on December 28, 2007 by submitting the first offer to the GPA Commission. Six revised offer were then submitted during the past years. The position of the United States and China in international trade changed dramatically since then. This article finds that Trump Administration’s attitude toward China’s accession to GPA is mixed and the US government might impede China’s accession with the analysis on the current American foreign trade policy and the latest development in government procurement in the US’s related international agreements and domestic laws. However, this accession process can only be delayed but not terminated even if the standpoint of the US is proved to be negative due to the theoretical and technical analysis on GPA. Effective and significant measures will be taken by Chinese government since the president Xi Jinping made the statement to accelerate the accession to GPA in Boao Forum in early 2018.

Between Private and Public International Law: Exorbitant Jurisdiction as Illustrated by the Yukos Case

2007 ◽  
Vol 32 (1) ◽  
pp. 1-17 ◽  
Author(s):  
Giuditta Cordero Moss
Keyword(s):  
International Law ◽  
The United States ◽  
Specific Aspect ◽  
Point Of View ◽  
Public International Law ◽  
Russian Territory ◽  
The Us ◽  
Private And Public ◽  
Bankruptcy Code ◽  
Extraterritorial Jurisdiction

AbstractThe article analyses one specific aspect of the long and complicated proceedings in which the Russian oil company Yukos was involved: the question of jurisdiction relating to the application that Yukos made to a court in Houston, Texas, to open bankruptcy proceedings under chapter 11 of the US Bankruptcy Code and thus grant protection against the creditors to permit restructuring of the company. Yukos being a Russian company burdened by massive debt connected with taxes owed to the Russian authorities, and virtually the totality of its as-sets being located on Russian territory, the first question that arises is how it is possible for a court in the United States to have jurisdiction in this case. This article examines the question of extraterritorial jurisdiction in civil cases, from the point of view of both private and public international law.

scholarly journals The measures against the International Criminal Court (USA v. ICC): the perspective of International Law

2021 ◽  
Vol 25 (1) ◽  
pp. 309-332
Author(s):  
Walid Fahmy
Keyword(s):  
United States ◽  
International Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
The United States ◽  
Criminal Code ◽  
Criminal Court ◽  
The Us ◽  
Us Government

Since its creation, the International Criminal Court has faced the refusal of the United States to cooperate, which, in addition to staying outside the Rome Statute, has undertaken a real strategy of weakening the Criminal Code. The argument put forward by the US Government against the Rome Statute is that an international treaty cannot create obligations for a non-party state and therefore the United States denies any jurisdiction of that jurisdiction over its nationals. As early as 2000, that country had unsuccessfully introduced a proposal before the Preparatory Commission to prevent bringing American military personnel to the Court. The American Service Members Protection Act (ASPA), bilateral immunity agreements and Security Council resolutions constitute the arsenal used by States at that time to neutralize the ICC. Recently, the United States signed an order authorizing the United States to prevent and penalize employees of the International Criminal Court from entering the country. The US administration, which has been critical of the ICC for months, is opposed to launching investigation into war crimes in Afghanistan. Is not that a sign of difficulty with the US Legal Justifications? In other words, does this weakness open up the possibility of prosecution in the event of a violation of international law by US?

Political Culture in the United States' Treaty-Making: A New Century, Familiar Behavior So Far

2002 ◽  
Vol 15 (1) ◽  
pp. 207-223
Author(s):  
Alastair Iles
Keyword(s):  
United States ◽  
Political Culture ◽  
International Law ◽  
21St Century ◽  
The United States ◽  
Cultural Factors ◽  
Constructivist Approach ◽  
The Us ◽  
The World ◽  
Us Government

At the beginning of the 21st century, the United States is criticized widely for its attitudes to treaty-making. It has sought to oppose, or withdraw from, a number of treaties such as the Kyoto Protocol or the Anti-Ballistic Missile Treaty. Such behavior is conventionally attributed, in neo-realistic international law and political science theories, to the interests and ideologies that the US Government articulates. This essay uses a constructivist approach, namely focusing on how treaty-making is shaped by the interpretive work of people regarding the world they live in, to expand the analysis to include structural and cultural factors. The United States' treaty-making is also affected by the decentralized and participatory system of government, and by broader societal commitments to political transparency and culturally contingent understandings of risk.

scholarly journals POLITICAL ASPECTS OF IMPLEMENTATION OF INTERNATIONAL LAW IN NATIONAL LEGISLATION OF THE UNITED STATES: FROM THEORY TO PRACTICE

2019 ◽  
Vol 21 (2) ◽  
pp. 254-267
Author(s):  
Mikhail A Burda ◽  
Ekaterina S Shevchenko
Keyword(s):  
United States ◽  
International Law ◽  
Political Development ◽  
World Order ◽  
The United States ◽  
Modern World ◽  
Federal Legislation ◽  
Course Of Action ◽  
The Us ◽  
Us Government

One of the big-league participants in major international processes, the US government defines the current agenda of the modern world order, steers the vector of international relations development and affects the distribution of power on the global political arena. A supporter of the Non-Institutionalized Global Governance concept and the idea of Rule of Law, American administration demonstrates its own, specific understanding of the goals and course of action of modern international legislation. It seems to have its own insight on the nature and order of international organizations in regards to formulation and adoption of international law, the US role in determining the key features of global law enforcement, as well as the standards and principles of implementation of international law in the US federal legislation. Despite the recent tendency of the US government to roll back from participation in IO projects and revision of a number of agreements within the framework of interstate cooperation, the United States not only succeeds, one way or another, in guiding the trends of global political development, but also continues to have an impact on the interpretation and application of international law. The given article looks at the status of international law in the American legal system, focuses on the participation of the United States in proposition, discussion and adoption of conventions, declarations, agreements and other documents within the framework of the UN, and determines the main directions, according to which American jurisdiction implements international legal doctrines. The current research also brings a focus on specific issues, problems, relations, and contacts regulated at the international level but not implemented by the US federal legislation. The article analyzes political aspects of formulation and adoption of legal rules by American public administration, which are meant to supplement and specify the dominant principles of international sources of law.

Pathways to Legalization: Undocumented Mexican Immigrants in the US/Mexico Borderlands, 1942–1956

2015 ◽  
Vol 2 (2) ◽  
Author(s):  
Ana Elizabeth Rosas
Keyword(s):  
United States ◽  
Family Relationships ◽  
Mexican Immigrants ◽  
Extended Family ◽  
The United States ◽  
Mexican Immigrant ◽  
Agricultural Laborers ◽  
The Us ◽  
Us Government ◽  
Contract Laborers

In the 1940s, curbing undocumented Mexican immigrant entry into the United States became a US government priority because of an alleged immigration surge, which was blamed for the unemployment of an estimated 252,000 US domestic agricultural laborers. Publicly committed to asserting its control of undocumented Mexican immigrant entry, the US government used Operation Wetback, a binational INS border-enforcement operation, to strike a delicate balance between satisfying US growers’ unending demands for surplus Mexican immigrant labor and responding to the jobs lost by US domestic agricultural laborers. Yet Operation Wetback would also unintentionally and unexpectedly fuel a distinctly transnational pathway to legalization, marriage, and extended family formation for some Mexican immigrants.On July 12, 1951, US president Harry S. Truman’s signing of Public Law 78 initiated such a pathway for an estimated 125,000 undocumented Mexican immigrant laborers throughout the United States. This law was an extension the Bracero Program, a labor agreement between the Mexican and US governments that authorized the temporary contracting of braceros (male Mexican contract laborers) for labor in agricultural production and railroad maintenance. It was formative to undocumented Mexican immigrant laborers’ transnational pursuit of decisively personal goals in both Mexico and the United States.Section 501 of this law, which allowed employers to sponsor certain undocumented laborers, became a transnational pathway toward formalizing extended family relationships between braceros and Mexican American women. This article seeks to begin a discussion on how Operation Wetback unwittingly inspired a distinctly transnational approach to personal extended family relationships in Mexico and the United States among individuals of Mexican descent and varying legal statuses, a social matrix that remains relatively unexplored.

Functioning of Ukrainian Bureau in Washington D. C. (March 1939 – May 1940)

2019 ◽  
pp. 142-157
Author(s):  
Danylo Kravets
Keyword(s):  
New York ◽  
The United States ◽  
College Degrees ◽  
The Us ◽  
Us Government ◽  
General Functioning ◽  
History Of ◽  
Governmental Institutions ◽  
History Of Journalism ◽  
The Military

The aim of the Ukrainian Bureau in Washington was propaganda of Ukrainian question among US government and American publicity in general. Functioning of the Bureau is not represented non in Ukrainian neither in foreign historiographies, so that’s why the main goal of presented paper is to investigate its activity. The research is based on personal papers of Ukrainian diaspora representatives (O. Granovskyi, E. Skotzko, E. Onatskyi) and articles from American and Ukrainian newspapers. The second mass immigration of Ukrainians to the US (1914‒1930s) has often been called the «military» immigration and what it lacked in numbers, it made up in quality. Most immigrants were educated, some with college degrees. The founder of the Ukrainian Bureau Eugene Skotzko was born near Western Ukrainian town of Zoloczhiv and immigrated to the United States in late 1920s after graduating from Lviv Polytechnic University. In New York he began to collaborate with OUN member O. Senyk-Hrabivskyi who gave E. Skotzko task to create informational bureau for propaganda of Ukrainian case. On March 23 1939 the Bureau was founded in Washington D. C. E. Skotzko was an editor of its Informational Bulletins. The Bureau biggest problem was lack of financial support. It was the main reason why it stopped functioning in May 1940. During 14 months of functioning Ukrainian Bureau in Washington posted dozens of informational bulletins and send it to hundreds of addressees; E. Skotzko, as a director, personally wrote to American governmental institutions and foreign diplomats informing about Ukrainian problem in Europe. Ukrainian Bureau activity is an inspiring example for those who care for informational policy of modern Ukraine.Keywords: Ukrainian small encyclopedia, Yevhen Onatsky, journalism, worldview, Ukrainian state. Keywords: Ukrainian Bureau in Washington, Eugene Skotzko, public opinion, history of journalism, diaspora.

The End of Empire and the Search for Justice

2018 ◽  
Author(s):  
John Linarelli ◽  
Margot E Salomon ◽  
Muthucumaraswamy Sornarajah
Keyword(s):  
United States ◽  
International Economic ◽  
International Law ◽  
International Economic Order ◽  
The United States ◽  
Economic Order ◽  
Global Context ◽  
Neoliberal Ideology ◽  
First Time

This chapter is a study of the themes of the New International Economic Order (NIEO). It begins with the notion of justice that had been constructed in imperial law to justify empire and colonialism. The NIEO was the first time a prescription was made for justice in a global context not based on domination of one people over another. In its consideration of the emergence of a new notion of justice in international law, the chapter discusses the reasons for the origins of the NIEO, and goes on to describe the principles of the NIEO and the extent to which they came into conflict with dominant international law as accepted by the United States and European states. Next the chapter deals with the rise of the neoliberal ideology that led to the displacement of the NIEO and examines the issue of whether the NIEO and its ideals have passed or whether they continue to be or should be influential in international law. Finally, the chapter turns to the ideas of the NIEO alongside new efforts at promoting a fuller account of justice by which to justify and evaluate international law.

The American Perception of the Palestine-Israel Conflict

2021 ◽  
Author(s):  
Israa Daas ◽  
Keyword(s):  
United States ◽  
Middle East ◽  
Political Party ◽  
The United States ◽  
The Us ◽  
The World ◽  
Us Government ◽  
Source Of Information

Abstract The Palestine-Israel conflict is probably one of the most pressing problems in the Middle East. Moreover, the United States has been involved in this conflict since the 1970s. Therefore, the present research aims to learn more about the American perception of the Palestinian-Israeli conflict. It was conducted using a survey that addressed Americans from different backgrounds, focusing on four variables: the American government’s position, solutions, the Israeli settlements, and Jerusalem. The research suggests a correlation between political party and the American perception of the conflict. It appears that Republicans seem to be against the withdrawal of the Israeli settlements, and they believe that the US government is not biased toward Israel. Nevertheless, Democrats tend to believe that the US government is biased in favor of Israel, and they support withdrawing the Israeli settlements. Moreover, there might be another correlation between the American perception and the source of information they use to learn about the conflict. Most of the surveyed Americans, whatever their resource of information that they use to learn about the conflict is, tend to believe that the US is biased in favor of Israel. It is crucial to know about the American perception when approaching to a solution to the conflict as the US is a mediator in this conflict, and a powerful country in the world. Especially because it has a permanent membership in the UN council. KEYWORDS: American Perception, Palestine-Israel Conflict, Jerusalem, Israeli settlements

scholarly journals 9/11 as False Flag: Why International Law Must Dare to Care

2017 ◽  
Vol 25 (3) ◽  
pp. 371-392 ◽  
Author(s):  
Amy Baker Benjamin
Keyword(s):  
United States ◽  
Twentieth Century ◽  
United Nations ◽  
International Law ◽  
The United States ◽  
September 11 ◽  
African History ◽  
The Us ◽  
The United Nations ◽  
International War

At the heart of contemporary international law lies a paradox: the attacks on the United States of September 11, 2001 have justified 16 years of international war, yet the official international community, embodied principally in the United Nations, has failed to question or even scrutinise the US government's account of those attacks. Despite the emergence of an impressive and serious body of literature that impugns the official account and even suggests that 9/11 may have been a classic (if unprecedentedly monstrous) false-flag attack, international statesmen, following the lead of scholars, have been reluctant to wade into what appears to be a very real controversy. African nations are no strangers to the concept of the false flag tactic, and to its use historically in the pursuit of illegitimate geopolitical aims and interests. This article draws on recent African history in this regard, as well as on deeper twentieth-century European and American history, to lay a foundation for entertaining the possibility of 9/11-as-false-flag. This article then argues that the United Nations should seek to fulfil its core and incontrovertible ‘jury’ function of determining the existence of inter-state aggression in order to exercise a long-overdue oversight of the official 9/11 narrative.

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