scholarly journals An Analysis of the U.S. Linkage between Most-Favored-Nation Status and Human Rights Issues: Focusing the Jackson-Yanik Amendment

1998 ◽  
Vol 2 (1) ◽  
pp. 101-111
Author(s):  
Sanghan Wang
2013 ◽  
Vol 2 (2) ◽  
pp. 329-351
Author(s):  
Matheus de Carvalho Hernandez

A II Conferência Mundial para os Direitos Humanos da ONU, conhecida como Conferência de Viena, realizada em 1993, foi objeto de estudo da literatura de Relações Internacionais durante os anos noventa principalmente, inclusive no Brasil, devido à destacada participação da delegação brasileira. Entretanto, há ainda uma carência na área em relação à análise da importante participação dos Estados Unidos nesse evento da ONU. Sendo assim, o objetivo deste artigo é tentar contribuir no sentido de suprir essa lacuna, isto é, tentar compreender melhor a participação dos EUA – assim como suas motivações e contradições no que tange à política externa – nesse que foi o mais importante evento internacional em matéria de direitos humanos no pós-Guerra Fria. A hipótese aqui discutida é que a participação destacada dos EUA na referida Conferência seria resultado de dois fatores associados: um impulso inicial favorável aos direitos humanos, incitado pela necessidade do recém eleito Bill Clinton demonstrar relativa coerência com suas críticas às posturas de seu antecessor em matéria de direitos humanos; e a formação inicial de uma equipe de governo ligada à temática dos direitos humanos. Por outro lado, a análise da participação dos EUA em Viena diante do foco de Clinton nas questões econômicas domésticas e em comparação com outras ações de política externa parece demonstrar a permanência da ambivalência da política externa de direitos humanos dos EUA, resultando no que se designa como dupla padronização. The Second World Conference on Human Rights, known as the Vienna Conference, held in 1993, was studied by the literature of International Relations especially during the 1990s, including in Brazil, due to the outstanding participation of the Brazilian delegation. However, there is a lack of studies about the significant participation of the U.S. in the meeting. Thus, the aim of this article is to contribute towards filling this gap, in other words, to better understand the American involvement – as well as their motivations and contradictions regarding foreign policy – in this event, considered the most important international human rights event in the post-Cold War era. The hypothesis here is that the U.S. outstanding participation in the Conference would be the outcome of two linked factors: an initial push to favor human rights incited by the need of the newly elected Bill Clinton to demonstrate coherence with his criticism on the former administration's acts in the human rights field; and the initial composition of a government staff closer to human rights issues. On the other hand, the analysis of U.S. active involvement in Vienna - in contrast to the focus of Clinton on domestic and economic issues and compared to other foreign policy actions - seems to point to the continuing ambivalence of human rights foreign policy of the U.S., thus resulting in what is designated as double-standard.


Author(s):  
Sergey Trush

Biden’s foreign policy team worked out the new concept of its relations with China. The main idea of this concept is more nuanced approach to China’s behavior, reassessing bilateral ties with China to separate the spheres of confrontation, regulated competition and possible cooperation for commonly shared goals. However, this concept and ideology still failed to be applied to practical policy. Biden’s many steps towards China, especially in economic and military realms, are in fact showing the inertia and obvious continuity with Trump’s policies. In political sphere, Biden’s stress for «human rights» issues, so typical for Democratic Party, make the dialogue with China the same unproductive, as it was in the Trump’s era. In economic relations Biden’s administration is not cancelling high trade tariffs on China goods, being oriented on “regulated trade” approach in its ties with PRC. Biden’s administration is more successful and active than Trump in pushing through Congress the legislation for spending on innovation and technological upgrading of the U.S. economy, that is vital to successful competition with China.


2020 ◽  
Vol 37 (1) ◽  
pp. 66-98
Author(s):  
H. W. Perry Jr ◽  
Patrick Keyzer

Unlike thirty years ago, human rights issues are now routinely raised in Australian constitutional cases. In this article, the authors examine the role of the amicus curiae in the United States Supreme Court and consider how far and to what extent the amicus curiae device has been accepted in decisions of the High Court of Australia. The authors analyse the High Court’s treatment of applications for admissions as amici curiae, noting the divergent approaches taken by Chief Justice Brennan and Justice Kirby, and drawing attention to the practical difficulties faced by applicants who seek admission to make oral submissions. Human rights cases raise questions of minority rights that should not be adjudicated without input from those minorities. The authors recommend that Australia adopt the U.S. approach, to admit written submissions as a matter of course, and to allow applicants to make oral submissions when they have a serious and arguable point to make. This approach is consistent with the Court’s significant role of establishing legal policy norms for the entire nation, including for the identity groups that increasingly occupy the Court’s attention. The focus here is on Australia, but the argument for the role of amici is more general and might well apply to high courts elsewhere.  


2018 ◽  
Vol 47 (3) ◽  
pp. 130-134

This section, updated regularly on the blog Palestine Square, covers popular conversations related to the Palestinians and the Arab-Israeli conflict during the quarter 16 November 2017 to 15 February 2018: #JerusalemIstheCapitalofPalestine went viral after U.S. president Donald Trump recognized Jerusalem as the capital of Israel and announced his intention to move the U.S. embassy there from Tel Aviv. The arrest of Palestinian teenager Ahed Tamimi for slapping an Israeli soldier also prompted a viral campaign under the hashtag #FreeAhed. A smaller campaign protested the exclusion of Palestinian human rights from the agenda of the annual Creating Change conference organized by the US-based National LGBTQ Task Force in Washington. And, UNRWA publicized its emergency funding appeal, following the decision of the United States to slash funding to the organization, with the hashtag #DignityIsPriceless.


2008 ◽  
Vol 45 (3) ◽  
pp. 653 ◽  
Author(s):  
Jonathan Horlick ◽  
Joe Cyr ◽  
Scott Reynolds ◽  
Andrew Behrman

Under the United States Alien Tort Statute, which permits non-U.S. citizens to bring lawsuits in U.S. courts for human rights violations that are violations of the law of nations, plaintiffs have filed claims against multinational oil and gas corporations for the direct or complicit commission of such violations carried out by the government of the country in which the corporation operated. In addition to exercising jurisdiction over U.S. corporations, U.S. courts have exercised jurisdiction in cases involving non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside the U.S.The exercise of jurisdiction by U.S. courts over non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside of the U.S. raises serious questions as to the jurisdictional foundation on which the power of U.S. courts to adjudicate them rests. Defences that foreign defendants can raise against the exercise of jurisdiction by the U.S. courts are an objection to the extraterritorial assertion of jurisdiction, the act of state doctrine, the political question doctrine, forum non conveniens, and the principle of comity. These defences are bolstered by the support of the defendant’s home government and other governments.


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