The Jurisdictional Immunities of International Organizations

2020 ◽  
pp. 411-432
Author(s):  
David P. Stewart ◽  
Ingrid Wuerth

This chapter focuses on developments in the law of international organization (IO) immunity, focusing on the United States. As international entities, IOs are generally entitled to some measure of immunity from the jurisdiction of domestic courts. Immunity allows IOs to fulfill their missions without interference from the domestic courts of the countries in which they locate and operate. As IOs grew, the domestic and international legal regulation of their activities also expanded. A variety of social harms were increasingly addressed by positive law and resolved through private litigation, both in the United States and around the world. As a consequence of these developments, immunity for IOs today may shield them from more conduct that would otherwise be actionable in court than it did when most treaties and statutes conferring IO immunity were adopted. In addition, the immunity of foreign states has generally become subject to more exceptions during this period, another factor that makes absolute immunity for IOs appear anomalous to some observers, despite the differences between IOs and foreign states. Although IOs generally remain entitled to a high level of immunity in the United States as they do around the world, cases in the United States and elsewhere have begun to indicate ways in which that immunity will be limited going forward. The chapter then suggests that the Fourth Restatement of Foreign Relations Law take up the topic of IO immunity.

2020 ◽  
Vol 4 (Supplement_1) ◽  
pp. 413-414
Author(s):  
Carlyn Vogel ◽  
Debra Dobbs ◽  
Brent Small

Abstract Spirituality is difficult to define as researchers assign it different meanings and individuals’ perceptions can vary. For example, spirituality may connect to religiosity, while others consider religiosity a less significant part of spirituality. This study investigates factors outside of religiosity that are significantly associated with spirituality to inform the characteristics of the concept. Webster’s (2004) existential framework of spirituality was used to guide variable selection. The National Survey of Midlife in the United States wave three (MIDUS 3; 2013-2014; n = 2,594; Mage = 63.5, SD = 11, range = 39–92) was used to examine individuals’ reported levels of spirituality. Multinomial logistic regression was conducted to examine factors related to low and high levels of spirituality compared to a moderate level. Participants with low spirituality were more likely to be male, less likely to be mindful, mediate/chant, feel a strong connection to all life, to indicate that they cannot make sense of the world, and to be religious. Participants with high spirituality were more likely to be female, have at least some college experience, be mindful, meditate/chant, feel deep inner peace, have a sense of deep appreciation, think that a sense of purpose is important for a good life, and have a high level of religiosity. Framed by Webster’s conceptual model, the current study observed that religiosity is significantly associated with spirituality and that other mindfulness-based aspects are also present within this concept. Incorporating mindfulness with religious efforts will more accurately and holistically address spirituality.


2008 ◽  
Vol 13 (4) ◽  
pp. 353-372 ◽  
Author(s):  
Jeffrey Juris

The World Social Forum process has sought to provide an "open space" for diverse movements to exchange ideas, interact, and coordinate as they build another world. Despite this inclusive impulse, many of the forums have been disproportionately white and middle class. Through an ethnographic account of the 2007 United States Social Forum (USSF) in Atlanta, I examine one high-profile attempt to overcome this lack of diversity by establishing what I refer to as an "intentional" space. I argue that the intentional strategy pursued by USSF organizers achieved a high level of diversity in racial and class terms, but de-emphasized the role of the forum as a "contact zone" for translation, sharing, and exchange among diverse movement sectors. However, given the strong desire to overcome past exclusions among participants, the privileging of intentionality over openness and horizontality was widely viewed as legitimate, which has important implications for democratic practice.


Author(s):  
Graham Cross

Franklin D. Roosevelt was US president in extraordinarily challenging times. The impact of both the Great Depression and World War II make discussion of his approach to foreign relations by historians highly contested and controversial. He was one of the most experienced people to hold office, having served in the Wilson administration as Assistant Secretary of the Navy, completed two terms as Governor of New York, and held a raft of political offices. At heart, he was an internationalist who believed in an engaged and active role for the United States in world. During his first two terms as president, Roosevelt had to temper his international engagement in response to public opinion and politicians wanting to focus on domestic problems and wary of the risks of involvement in conflict. As the world crisis deepened in the 1930s, his engagement revived. He adopted a gradualist approach to educating the American people in the dangers facing their country and led them to eventual participation in war and a greater role in world affairs. There were clearly mistakes in his diplomacy along the way and his leadership often appeared flawed, with an ambiguous legacy founded on political expediency, expanded executive power, vague idealism, and a chronic lack of clarity to prepare Americans for postwar challenges. Nevertheless, his policies to prepare the United States for the coming war saw his country emerge from years of depression to become an economic superpower. Likewise, his mobilization of his country’s enormous resources, support of key allies, and the holding together of a “Grand Alliance” in World War II not only brought victory but saw the United States become a dominant force in the world. Ultimately, Roosevelt’s idealistic vision, tempered with a sound appreciation of national power, would transform the global position of the United States and inaugurate what Henry Luce described as “the American Century.”


Author(s):  
Michael A. Krysko

Technology is ubiquitous in the history of US foreign relations. Throughout US history, technology has played an essential role in how a wide array of Americans have traveled to and from, learned about, understood, recorded and conveyed information about, and attempted to influence, benefit from, and exert power over other lands and peoples. The challenge for the historian is not to find where technology intersects with the history of US foreign relations, but how to place a focus on technology without falling prey to deterministic assumptions about the inevitability of the global power and influence—or lack thereof—the United States has exerted through the technology it has wielded. “Foreign relations” and “technology” are, in fact, two terms with extraordinarily broad connotations. “Foreign relations” is not synonymous with “diplomacy,” but encompasses all aspects and arenas of American engagement with the world. “Technology” is itself “an unusually slippery term,” notes prominent technology historian David Nye, and can refer to simple tools, more complex machines, and even more complicated and expansive systems on which the functionality of many other innovations depends. Furthermore, processes of technological innovation, proliferation, and patterns of use are shaped by a dizzying array of influences embedded within the larger surrounding context, including but by no means limited to politics, economics, laws, culture, international exchanges, and environment. While some of the variables that have shaped how the United States has deployed its technological capacities were indeed distinctly American, others arose outside the United States and lay beyond any American ability to control. A technology-focused rendering of US foreign relations and global ascendancy is not, therefore, a narrative of uninterrupted progress and achievement, but an accounting of both successes and failures that illuminate how surrounding contexts and decisions have variably shaped, encouraged, and limited the technology and power Americans have wielded.


Author(s):  
Andrew J. Falk

Americans in and out of government have relied on media and popular culture to construct the national identity, frame debates on military interventions, communicate core values abroad, and motivate citizens around the world to act in prescribed ways. During the late 19th century, as the United States emerged as a world power and expanded overseas, Americans adopted an ethos of worldliness in their everyday lives, even as some expressed worry about the nation’s position on war and peace. During the interwar period of the 1920s and 1930s, though America failed to join the League of Nations and retreated from foreign engagements, the nation also increased cultural interactions with the rest of the world through the export of motion pictures, music, consumer products, food, fashion, and sports. The policies and character of the Second World War were in part shaped by propaganda that evolved from earlier information campaigns. As the United States confronted communism during the Cold War, the government sanitized its cultural weapons to win the hearts and minds of Americans, allies, enemies, and nonaligned nations. But some cultural producers dissented from America’s “containment policy,” refashioned popular media for global audiences, and sparked a change in Washington’s cultural-diplomacy programs. An examination of popular culture also shows how people in the “Third World” deftly used the media to encourage superpower action. In the 21st century, activists and revolutionaries can be considered the inheritors of this tradition because they use social media to promote their political agendas. In short, understanding the roles popular culture played as America engaged the world greatly expands our understanding of modern American foreign relations.


1956 ◽  
Vol 8 (4) ◽  
pp. 534-559
Author(s):  
Herbert B. Woolley

EVENTS intimately linked to our foreign relations have profoundly affected the level of economic activity in the United States and the character of our economic progress and stability. They cannot be disregarded by those concerned with the level of economic activity in this country. Furthermore, those concerned with the economic policies of the United States must also be concerned with the impact of those policies upon the rest of the world because of the great importance of the United States in the world economy, and because of the link between economic, political, and military events at home and abroad. Since the United States cannot ignore the far-reaching and indirect effect of its policies and decisions, the American people and their government require a detailed and systematic understanding of the economic interrelationships among all countries of the world. Even more, to exercise the international leadership which our great size and resources impose upon us, we must be in a position to assess the effect of developments and actions everywhere upon the political and economic strength of the free world. This article considers a few of the salient features of world economic relations which should always be kept in mind in assessing economic policy alternatives.


Author(s):  
Chris Draffen ◽  
Yee-Fui Ng

Regulators and governments around the world have been active of late in considering the best method by which to hold accountable foreign influence on political processes. Australia’s response to this issue was to pass a package of laws, including the Foreign Influence Transparency Scheme Act (‘FITSA’), which creates a new public register for those acting on behalf of a foreign principal. This article compares FITSA against the US Act on which it is based: the Foreign Agents Registration Act (‘FARA’). It shows that, largely, FITSA is better targeted than FARA towards ensuring that actors that merit registration are caught by its provisions. However, FITSA does not entirely address the potential risks inherent in this style of law. The authors argue that despite the objective of transparency inherent in such schemes, they may ultimately have a disproportionate effect on actors with access to fewer resources. Accordingly, the article proposes high-level principles to rethink this form of regulation based on refocusing foreign agent schemes to their underlying justification, recasting the regulatory net, and recalibrating discussions about ‘foreigners’.


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