US birthright debate will have unintended effects

Significance Trump's claim concerned a US District Court judge in California appointed during President Barack Obama's term who on November 9 ruled against an order to restrict asylum seekers to making their claims only at official US border posts. The next likely immigration-related clash between the courts and Trump is over his idea to use executive powers to curtail 'birthright' citizenship, the automatic granting of citizenship to anyone born in the United States. Impacts Immigration will likely cause further friction in US relations with Latin American countries where many immigrants originate. Trying to curtail or end birthright citizenship will undermine Republican support in immigrant communities. The Trump-Roberts spat will not turn the 5-4 conservative majority on the Supreme Court against Trump. Greater use of executive orders is likely given split control of Congress and Trump's belief that some courts are partisan. The Trump administration will refine its use of executive orders so that fewer are likely to face courts' rejection.

2017 ◽  
Vol 111 (3) ◽  
pp. 764-776

On January 27, 2017, President Trump issued an executive order that: (1) prohibited nationals from seven majority-Muslim countries from entering the United States for ninety days; and (2) prohibited individuals from entering into the United States as refugees for 120 days. Courts stayed the order on constitutional and statutory grounds. In response to these stays, President Trump replaced the initial order with a new order that eliminated preferential treatment for refugees fleeing from religious persecution and narrowed the scope of persons prohibited from entering into the United States. Courts again issued stays, holding that the new order violated the Establishment Clause and the Immigration and Nationality Act. The Trump administration appealed, and the Supreme Court agreed to hear the case in October. Along with its grant of certiorari, the Court kept the lower court stays in place except as to people with no connection to the United States either personally or through family.


1989 ◽  
Vol 83 (3) ◽  
pp. 565-568
Author(s):  
Carlos M. Vázquez

Plaintiffs and respondents, Amerada Hess Shipping Corp. and United Carriers, Inc., were respectively the charterer and owner of the Hercules, a crude oil tanker that was bombed in international waters by Argentine military aircraft during the war over the Malvinas or Falkland Islands. The ship was severely damaged and had to be scuttled off the coast of Brazil. After unsuccessfully seeking relief in Argentina, the companies filed suit against defendant and appellant, the Argentine Republic, in the Southern District of New York. Plaintiffs argued that the federal courts had jurisdiction under the Alien Tort Statute (28 U.S.C. §1350 (1982)), which confers federal jurisdiction over “any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” The district court dismissed the suit for lack of subject matter jurisdiction, holding that the Foreign Sovereign Immunities Act of 1976 (28 U.S.C. §§1330, 1602-1611 (1982)) (FSIA) is by its terms the sole basis of federal jurisdiction over cases against foreign states. A divided panel of the U.S. Court of Appeals for the Second Circuit reversed. The Supreme Court (per Rehnquist, C.J.) unanimously reversed the Second Circuit and held that the FSIA provides the exclusive basis of federal jurisdiction over suits against foreign states.


Significance The GCC imports around 85% of the food its member countries consume domestically, and the share of Latin American products as a proportion of the GCC’s total food imports has increased from 10% in 2015 to almost 14% in 2019. Impacts Pandemic-induced adoption of innovations such as e-commerce will provide opportunities to expand food exports. Post-pandemic recovery in tourism may eventually boost the GCC’s need for food imports. Growth in other markets will be crucial to help reduce LAC’s dependence on key markets such as China and the United States.


Author(s):  
Whitney Borup

Plessy vs. Ferguson is a legal decision made by the United States Supreme Court upholding the constitutionality of ‘separate but equal’ laws popular in the post-Civil War South. In June 1892 Homer Plessy, a man with one-eighth African blood, was arrested for violating Louisiana’s ‘equal but separate’ clause when he sat in a railway car designated for white passengers. Louisiana district court judge, Justice John Howard Ferguson, upheld the arrest, claiming a state had the legal power to regulate railroads operating within its borders.


2020 ◽  
Vol 33 (3/4) ◽  
pp. 463-480
Author(s):  
Enrique Ogliastri ◽  
John Ickis ◽  
Ramiro Casó

PurposeThe purpose of this study is to test the universality of the behavioral theory of negotiation developed in the United States, particularly the integrative/distributive models, and to find negotiators' prototypes in international negotiations conducted in a Latin American country.Design/methodology/approachAn open questionnaire was administered to a convenience sample of 104 resident foreigners (expatriates) who reported the negotiation patterns of Costa Ricans. The qualitative data were coded in 52 variables (inte-rater reliability Fleiss' Kappa K= 0.65). A total of ten variables were selected to measure distributive/integrative patterns of negotiations. Latent class analysis (LCA) uncovered the latent structure of negotiations.Findings(1) The distributive (70% found in the sample) and integrative (30%) negotiation models hold in this culture. (2) The incorporation of handling emotions and interpersonal orientation in the integrative model seem to be an important theoretical and practical trend.Research limitations/implications(1) A larger sample size is needed to compare with data from other countries of the region and the world. (2) The use of emotions and interpersonal orientation in the integrative negotiation paradigm require further investigation. As practical implications, detailed negotiation advice is offered to Costa Ricans as well as to expatriates working there.Originality/valueTo identify negotiation patterns in an understudied region of the world, the distributive/integrative models of the behavioral theory of negotiations are a key focus with which to extend the literature. There are important elements of culture within the negotiation patterns, in line with trends of an evolving paradigm of integrative crosscultural negotiations.


Subject US relations with North and South Korea under the incoming Trump administration. Significance The period of transition to Donald Trump's presidency in the United States has displayed neglect and misunderstanding of Korean peninsula affairs, adding to risks for the region as it approaches a period of significant strategic challenge. Impacts Until Trump's team enunciates policy on the Koreas, responses to events will be unprepared and reactive. Trump's policy will influence presidential elections in South Korea, where left-of-centre candidates question the value of the US alliance. The Trump administration’s policy and communication via Twitter heightens risk of misunderstanding within the region.


Subject China's options for retaliating against US firms during trade tensions. Significance US President Donald Trump tweeted yesterday that he is working with China's President Xi Jinping to get China's telecoms giant, ZTE, "back in business, fast" -- even though it was penal US sanctions that forced the company to announce last week that it was stopping operations. The Trump administration is divided on whether its objective in threatening imports tariffs on Chinese goods worth 50 billion dollars, effective May 22, is to strike a deal to cut China's trade surplus with the United States or to change China's industrial practices. Impacts Compliance costs will rise even if trade tensions subside. Investors in industries that China sees as strategic (eg, semiconductors and integrated circuits) may face unwritten screening rules. Investors in automobile, aircraft and shipping manufacturing and finance may find new opportunities to enter the market.


Subject Outlook for Thai-US-China relations. Significance Chatchai Thipsunaree, Thailand’s permanent secretary in the Ministry of Transport, confirmed on May 17 that construction of the long-awaited Thai-China high-speed railway will begin this year. The project reflects the growing momentum in Thailand’s relations with China, and refiguring of ties with the United States. Impacts Trump administration officials see less strategic imperative in the US-Thailand alliance than previous administrations. China’s growing presence in South-east Asia, particularly on the Mekong, will trigger resistance from affected populations in Thailand. Thai officials will allow Chinese infrastructure projects to proceed despite local protests.


Subject Emerging US policy towards South-east Asia under the Trump administration. Significance On May 5, the 30th US-ASEAN Dialogue opens in Washington, to be co-chaired by US Secretary of State Rex Tillerson. This follows Vice-President Mike Pence’s visit to Indonesia of April 20-22, the first to South-east Asia by a cabinet-level official from the Trump administration. The White House used that occasion to announce that President Donald Trump will attend the APEC meeting in Vietnam and the East Asia Summit (EAS) in the Philippines in November. Impacts Trump may co-chair a US-ASEAN Summit with Philippines president on the EAS’s margins, which could improve frayed bilateral ties. Congress could frustrate any Trump administration plans to sanction countries with trade surpluses with the United States. An ASEAN-US free trade agreement is unlikely soon. Trump has invited Vietnam’s prime minister to visit Washington later, which could make Hanoi more bullish towards China.


Significance Separately, five Republican senators, led by Florida's Marco Rubio, wrote to House Speaker Nancy Pelosi on February 7, requesting she invite Taiwan's President Tsai Ing-wen to address a joint Congress session. Impacts The proposed US-Taiwan free trade agreement is presently unlikely to advance. The Trump administration might be more willing than others to defend Taiwan, but relations with China will take priorty. Taiwan is exporting its political divisions to the United States; the main opposition Kuomintang will open a Washington office this year.


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