The Detention of Migrant Children: A Comparative Study of the United States and Mexico

2020 ◽  
Vol 32 (2) ◽  
pp. 227-253
Author(s):  
Jennifer J Lee ◽  
Elisa Ortega Velázquez

Abstract Detention facilities are no place for children who are irregular migrants. Yet both the United States (US) and Mexico have struggled with how to respond to the arrival of Central American children who are primarily fleeing violence. In these neighbouring countries, the detention of children reflects both an ineffective and misguided strategy to deter people from moving across their southern borders. This focus on border control is further reinforced by the US outsourcing of enforcement controls to Mexico. In the US, a preoccupation with border control can quickly undermine the purported interest of protecting migrant children because they lack the fundamental right to be free from detention. In Mexico, its role as a buffer State causes it to overlook its human rights, constitutional, and federal law commitments to the fundamental rights of children, while allowing practical obstacles to stand in the way of these legal obligations. This article examines how the political imperative of border control in the US influences the various approaches taken by the US and Mexico towards the detention of migrant children. It analyses the shortcomings and best practices of each system and concludes with recommended reforms that actualize the right of migrant children to be free from detention.

Author(s):  
Anna Igorevna Filimonova

After the collapse of the USSR, fundamentally new phenomena appeared on the world arena, which became a watershed separating the bipolar order from the monopolar order associated with the establishment of the US global hegemony. Such phenomena were the events that are most often called «revolutions» in connection with the scale of the changes being made — «velvet revolutions» in the former Eastern Bloc, as well as revolutions of a different type, which ended in a change in the current regimes with such serious consequences that we are also talking about revolutionary transformations. These are technologies of «color revolutions» that allow organizing artificial and seemingly spontaneous mass protests leading to the removal of the legitimate government operating in the country and, in fact, to the seizure of power by a pro-American forces that ensure the Westernization of the country and the implementation of "neoliberal modernization", which essentially means the opening of national markets and the provision of natural resources for the undivided use of the Western factor (TNC and TNB). «Color revolutions» are inseparable from the strategic documents of the United States, in which, from the end of the 20th century, even before the collapse of the USSR, two main tendencies were clearly traced: the expansion of the right to unilateral use of force up to a preemptive strike, which is inextricably linked with the ideological justification of «missionary» American foreign policy, and the right to «assess» the internal state of affairs in countries and change it to a «democratic format», that is, «democratization». «Color revolutions», although they are not directly mentioned in strategic documents, but, being a «technical package of actions», straightforwardly follow from the right, assigned to itself by Washington, to unilateral use of force, which is gradually expanding from exclusively military actions to a comprehensive impact on an opponent country, i.e. essentially a hybrid war. Thus, the «color revolutions» clearly fit into the strategic concept of Washington on the use of force across the entire spectrum (conventional and unconventional war) under the pretext of «democratization». The article examines the period of registration and expansion of the US right to use force (which, according to the current international law, is a crime without a statute of limitations) in the time interval from the end of the twentieth century until 2014, filling semantic content about the need for «democratic transformations» of other states, with which the United States approached the key point of the events of the «Arab spring» and «color revolutions» in the post-Soviet space, the last and most ambitious of which was the «Euromaidan» in Ukraine in 2014. The article presents the material for the preparation of lectures and seminars in the framework of the training fields «International Relations» and «Political Science».


2021 ◽  
Vol 37 (2) ◽  
pp. 239-256
Author(s):  
Karolina Palka

This article is about the limits of the right to free speech. The first section provides a brief introduction to this topic, primarily in the context of the First Amendment to the U.S. Constitution. The second section describes the case of Chaplinsky v. New Hampshire, which was fundamental to the topic of this paper because the United States Supreme Court created the so-called "fighting words" doctrine based on it. In the next two sections, two court cases are presented that perfectly demonstrate the limits of the right to free speech in the United States: Snyder v. Phelps and Village of Skokie v. National Socialist Party of America. The fifth part shows the right to freedom of speech in the context of Polish civil, criminal, and constitutional law, as well as acts of international law binding on Poland. The last part is a short summary.


2019 ◽  
pp. 58-98 ◽  
Author(s):  
Andrey Urnov

As a self-proclaimed “Global Leader” the United States have made “the assertion, advancement, support and defense of democracy” throughout the world one of the pillars of their foreign policy. This aim invariably figures in all Washington’s program documents pertaining to Africa. A major component of these efforts is an assistance to regular, free and fair elections. The selection of arguments cited to justify such activities has been done skilfully. In each specific case it is emphasized that the United States do not side with any competing party, stand “above the battle”, work for the perfection of electoral process, defend the rights of opposition and rank and file votes, render material and technical help to national electoral committees. Sounds irreproachable. However, the real situation is different. The study of the US practical activities in this field allows to conclude that Washington has one-sidedly awarded itself a role of a judge and supervisor of developments related to elections in the sovereign countries of Africa, tries to control the ways they are prepared and conducted. These activities signify an interference into the internal affairs of African states. The scale and forms of such interference differ and is subjected to tasks the USA try to resolve in this or that country on the national, regional or global levels. However, everywhere it serves as an instrument of penetration and strengthening of the US influence, enhancing the US political presence in African countries. The right of the US to perform this role is presented as indisputable. Sceptics are branded as opponents of democracy. The author explores the US positions and activities connected with elections in Africa during the last years of B.Obama and first two years of D.Trump presidencies. He shows how their policy have been implemented on the continental level and in regard to several countries – South Sudan, Libya, Democratic Republic of Congo, Burundi, Rwanda, Nigeria, Somali, Kenya, Uganda.


2020 ◽  
Vol 11 (2) ◽  
pp. 394
Author(s):  
Natalia V. IVANOVSKAYA ◽  
Sergey S. ISAI

The authors explore regulatory innovations in financial services consumer protection in Hong Kong, Singapore, and the United States. It was revealed that: (1) the priority of such an alternative way of regulating financial demand with the participation of consumers as mediation is ensured by the activities of the FDRC Center in Hong Kong, and in Singapore – by the new law on mediation in 2017; (2) the creation of a unified mediation model, which is mandatory for all member states – the Singapore Convention on Mediation 2019 – will allow mediation to become the most widely used alternative way to resolve cross-border, including financial, disputes; (3) a positive result of the application of arbitration in the field of settlement of financial disputes with the participation of large banks can be achieved by creating certain conditions, including by attracting highly professional arbitrators with extensive practical experience, as, for example, was done by the Hong Kong International Arbitration Center (HKIAC); (4) on the example of the US experience, one can also identify another way to improve the mechanisms for resolving financial disputes, the goals and objectives of which are shifted from the vector of propaganda and updating alternative methods of resolving financial disputes to improving the mechanism for providing financial services; (5) the inclusion of a clause on the mandatory resolution of possible disputes in arbitration, as a mandatory part of the contract itself with consumers, indicates the deprivation of the right to choose the method of resolving the dispute by the consumer, and also deprives them of the right to file collective claims.


2020 ◽  
pp. 019459982094701
Author(s):  
Clarice Brown ◽  
Gopi B. Shah ◽  
Ron B. Mitchell ◽  
Felicity Lenes-Voit ◽  
Romaine F. Johnson

Objective In 2012, Black or African American children constituted 21% of pediatric tracheostomies while representing approximately 15% of the US population. It is unclear if this discrepancy is due to differences in associated diagnoses. This study aimed to analyze the incidence of pediatric tracheostomy in the United States from 2003 to 2016 and to determine the odds of placement among Black children when compared with other children. Study Design Retrospective. Setting Academic hospital. Subjects and Methods We used the 2003 to 2016 Kid Inpatient Database to determine the incidence of pediatric tracheostomy in the United States and determine the odds of tracheostomy placement in Black children when compared with other children. Results A total of 26,034 pediatric tracheostomies were performed between 2003 and 2016, among which, 21% were Black children. The median age was 7 years (interquartile range [IQR] = 0 to 17); 43% were ≤2 years old, and 62% were male. The most common principal diagnosis was respiratory failure (72%). When compared with other children, Black children were more likely to undergo tracheostomy (odds ratio [OR] = 1.2; 95% CI, 1.1-1.3), which increased among children younger than 2 years old (OR = 1.5; 95% CI, 1.4-1.5). Black children with tracheostomies were also more likely to be diagnosed with laryngeal stenosis and bronchopulmonary dysplasia and to have an extended length of stay ( P < .001). Conclusion Black children are 1.2 times more likely to undergo tracheostomy in the United States compared with other children. Further investigation is warranted to evaluate if there are underlying anatomical, environmental, or psychosocial factors that contribute to this discrepancy.


2017 ◽  
Vol 17 (4) ◽  
pp. 635-663 ◽  
Author(s):  
RODRIGO FAGUNDES CEZAR

AbstractRecently, the World Trade Organization (WTO) granted Mexico the right to retaliate against the US as a compensation for losses related to the US ‘dolphin-safe’ label (May 2017). Despite the diversity of works on the issue, few analyze the changes in the US approach to dolphin protection as a result of international and domestic pressures related to the tuna–dolphin controversy. This paper seeks to understand such changes and their consequences using the process tracing method. It shows that (1) the US approach to dolphin protection passed through a process of policy change motivated by trade and diplomatic concerns mediating dolphin protection, and that (2) it was partially reversed in court as an outcome of the concessions offered to get the policy change approved. Finally, the paper argues that (3) this process led to the lock-in of the US ‘dolphin-safe’ label and to its expansion in response to recent WTO decisions.


2021 ◽  
Vol 12 (2) ◽  
pp. 103-112
Author(s):  
Lim Sanny ◽  
Darma Kusuma ◽  
Martinus Evan Willyanto

Agricultural sector in Indonesia contributes greatly to employment, foreign exchange earners, and economic growth. In the export sector, shrimp commodities have the largest portion and become Indonesia's leading commodities. However,  Indonesia still cannot become a leader in the world's largest shrimp exporter and only occupies the fourth position of the world's shrimp exporter. There were two goals in the research. First, it was to determine the position of the competitiveness of Indonesian shrimp commodity exports compared to other exporting countries in the United States market. Second, it determined the factors that affected the competitiveness of shrimp exports commodity and made business strategy recommendations for Indonesian shrimp commodities. The research used panel data with a cross-section of seven countries and time series from 2001 to 2017. The result shows that Indonesia has a competitive advantage in the United States market. However, Indonesia must be wary of Ecuador with a higher Revealed Comparative Advantage (RCA) Value and India, the lead exporter in the United States Market. The factors that affect the competitiveness of shrimp exports are Gross Domestic Product (GDP), population, economic distance, and exchange rate of shrimp exporting countries against the US Dollar. Last, the right business strategy for Indonesia is to perform market penetration, market development, and product development strategies.


Author(s):  
Sina Mohammadi

The purpose of the article was to examine the Trump administration's asylum policy applied to Central American and Latino applicants. The United States has grappled with refugee problems in recent decades, and in 2018 Trump signed an executive order to detain families seeking to immigrate to the United States without separating from one another. With this decree, a new approach was formed in the policy of the United States government, which emphasizes the severe restrictions on the entry of asylum seekers and immigrants. In the methodological, it is a documentary research close to hermeneutics. It is concluded that, although the United States government has cited security concerns as an excuse to restrict the entry of asylum seekers, especially Latinos from Central American countries, this political approach is in conflict with the national legislation of the United States that stipulates that any citizen Foreigner arriving at any point along the US border, or at official exit points, has the right to apply for asylum. Furthermore, the implementation of such a policy is contrary to the end of the 1951 Convention, which focuses on the protection of refugees without distinction.


2020 ◽  
Vol 4 (3) ◽  
pp. 42-52
Author(s):  
H. Obeid ◽  
F Hillani, ◽  
R. Fakih ◽  
K. Mozannar

In recent years artificial intelligence has entered a new era, which gives rise to many hopes for powerful states such as the United States and China. In this paper, we analyze the importance and role of artificial intelligence in technological development in each of the two countries on the one hand, and its influence on China-American relations in terms of technological and geopolitical conflict. To get the right results, we rely on a literature review of dozens of articles published on the phenomenon in order to compare the power of artificial intelligence between the United States and China where we found that the US still has technological strength, especially in the field of artificial intelligence, but we can say that a large force is beginning pose a threat for it which is China that has great technological capabilities so, we can say that the United States should work more in this field. Also, we found that artificial intelligence has a primary goal in both countries, it helps China to achieve its ambitions to be the leader of the world, and this intelligence, on the other hand, provides protection and security to the United States. This paper is divided into three sections. The first section focuses on the importance of artificial intelligence in achieving China’s ambitions, the second section explains the role of artificial intelligence in the US protection service, and the third section describes the technological and geopolitical conflict resulting from the competition in artificial intelligence between these two countries. Keywords: Artificial intelligence, United States, China, Conflict, leader.


Sign in / Sign up

Export Citation Format

Share Document