scholarly journals MANDATORY DEATH PENALTY IN THE GLOBALIZED WORLD

2016 ◽  
pp. 0-0
Author(s):  
Ирина Нагорная ◽  
Irina Nagornaya
Keyword(s):  
Death Penalty ◽  
The United States ◽  
Global Trend ◽  
The Us ◽  
Us Supreme Court ◽  
The Subject ◽  
Points Of View ◽  
The Government ◽  
Globalized World ◽  
Further Development

The subject of this research is the death penalty as a mandatory punishment for the most serious crimes in the United States, Asia and the Caribbean and corresponding constitutional problems. The author analyses foreign courts’ judgments and foreign researchers’ points of view. The author considers the influence of the jurisprudence of the US Supreme Court on the countries with similar legal systems, the importance of legal thought in other countries for further development of law-enforcement practice in a particular region and the globalized world. The author analyzes inconsistent position of Singapore, as well as the indecisiveness of the government of Malaysia, because until recently these two countries were fervent supporters of the mandatory death penalty in the Commonwealth. The author supports the global trend towards the abolition of the mandatory death penalty and the fact that the “Asian values” are not an insurmountable barrier to achieve this goal.

scholarly journals USA and Russia: 210 Years of Diplomatic Relations and International Communication

2017 ◽  
pp. 8-14 ◽  
Author(s):  
Р. Райнхардт ◽  
R. Raynhardt
Keyword(s):  
Historical Analysis ◽  
The United States ◽  
Diplomatic Relations ◽  
Cross Cultural Communication ◽  
The Us ◽  
Key Issues ◽  
The Subject ◽  
The Relationship ◽  
Further Development

The article is dedicated to the 210th anniversary of establishment of diplomatic relations between the United States of America and Russia and casts light upon their genesis and development. It provides an acute insight into the key issues of US-Russian agenda within a time span of more than 200 years. Along with giving a holistic picture of the subject, the author focuses on specific cases crucial for understanding the current geopolitical juncture shaped by the interaction of the two nations. With an emphasis on differences in political culture, he outlines the important role of cross-cultural communication within the framework of the respective cases. The findings derived from the historical analysis give grounds for a certain degree of optimism in terms of further development of the relationship between the US and Russia.

Explorer without a country: the question of Vilhjalmur Stefansson's citizenship

Polar Record ◽  
2009 ◽  
Vol 45 (3) ◽  
pp. 237-241
Author(s):  
Janice Cavell ◽  
Jeff Noakes
Keyword(s):  
United States ◽  
Canadian Arctic ◽  
The United States ◽  
The Other ◽  
Dual Citizenship ◽  
American Citizen ◽  
American Citizenship ◽  
The Subject ◽  
The Government

ABSTRACTConfusion has long existed on the subject of Vilhjalmur Stefansson's citizenship. A Canadian (that is, a British subject) by birth, Stefansson was brought up and educated in the United States. When his father became an American citizen in 1887, according to the laws of the time Stefansson too became an American. Dual citizenship was not then permitted by either the British or the American laws. Therefore, Stefansson was no longer a British subject. After he took command of the government sponsored Canadian Arctic Expedition in 1913, Stefansson was careful to give the impression that his status had never changed. Although Stefansson swore an oath of allegiance to King George V in May 1913, he did not take the other steps that would have been required to restore him to being Canadian. But, by an American act passed in 1907, this oath meant the loss of Stefansson's American citizenship. In the 1930s American officials informed Stefansson that he must apply for naturalisation in order to regain it. From 1913 until he received his American citizenship papers in 1937, Stefansson was a man without a country.

Insult of Public Officials

2021 ◽  
pp. 388-409
Author(s):  
Christoph Bezemek
Keyword(s):  
United States ◽  
Human Rights ◽  
Supreme Court ◽  
The United States ◽  
Public Officials ◽  
European Court ◽  
The Supreme Court ◽  
The Us ◽  
Us Supreme Court ◽  
Structural Differences

This chapter assesses public insult, looking at the closely related question of ‘fighting words’ and the Supreme Court of the United States’ decision in Chaplinsky v New Hampshire. While Chaplinsky’s ‘fighting words’ exception has withered in the United States, it had found a home in Europe where insult laws are widely accepted both by the European Court of Human Rights and in domestic jurisdictions. However, the approach of the European Court is structurally different, turning not on a narrowly defined categorical exception but upon case-by-case proportionality analysis of a kind that the US Supreme Court would eschew. Considering the question of insult to public officials, the chapter focuses again on structural differences in doctrine. Expanding the focus to include the Inter-American Court of Human Rights (IACtHR) and the African Court on Human and Peoples’ Rights (ACtHPR), it shows that each proceeds on a rather different conception of ‘public figure’.

Protocol to the Convention on the Prohibition of Bacteriological (Biological) Weapons – History, Main Provisions, Significance and Reasons for Not Signing

2021 ◽  
Vol 5 (1) ◽  
pp. 4-21
Keyword(s):  
Ad Hoc ◽  
The United States ◽  
Biological Weapons ◽  
Pharmaceutical Companies ◽  
Special Role ◽  
International Agreement ◽  
Us Military ◽  
The Us ◽  
The Subject ◽  
Weapons Control

Received 30 January 2021. Accepted for publication 20 March 2021 The Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (BTWC) does not have a legally binding verification regime. An attempt by the Ad Hoc Group of Experts, created by the UN Committee on Disarmament, to strengthen the BTWC by developing a legally binding document – the Protocol, was blocked by the United States in July 2001. The purpose of this work is to study the history, main provisions, significance and reasons for not signing the Protocol to the BTWC. The attention is paid to the events in biological weapons control, which have led a number of countries to the understanding of the necessity to develop the Protocol. The background of the US actions to block this document is the subject of special consideration. During the Second Review Conference on the Implementation of the Convention (8–25 September 1986, Geneva) the USSR, the German Democratic Republic and the Hungarian People's Republic proposed to develop and adopt the Protocol as an addition to the BTWC. This document was supposed to establish general provisions, definitions of terms, lists of agents and toxins, lists of equipment that was present or used at production facilities, threshold quantities of biological agents designed to assess means and methods of protection. The proposed verification mechanism was based on three «pillars»: initial declarations with the basic information about the capabilities of each State Party; inspections to assess the reliability of the declarations; investigations to verify and confirm or not confirm the alleged non-compliance with the Convention. The verification regime was to be under the control of an international organization – the Organization for the Prohibition of Bacteriological (Biological) and Toxin Weapons. However, the US military and pharmaceutical companies opposed the idea of international inspections. The then US Undersecretary of State for Arms Control and International Security, John Robert Bolton II, played a special role in blocking the Protocol. During the Fifth Review Conference in December 2001, he demanded the termination of the Ad Hoc Group of Experts mandate for negotiations under the pretext that any international agreement would constrain US actions. The current situation with biological weapons control should not be left to chance. Measures to strengthen the BTWC should be developed, taking into account the new fundamental changes in dual-use biotechnology. It should be borne in mind, that the Protocol, developed in the 1990s, is outdated nowadays.

Religious Neutrality and the Government’s Freedom of Speech in the Jurisprudence of the us Supreme Court

2015 ◽  
Vol 10 (1) ◽  
pp. 1-23
Author(s):  
András Koltay
Keyword(s):  
Supreme Court ◽  
Freedom Of Speech ◽  
The State ◽  
Social Conditions ◽  
Religious Symbols ◽  
The Us ◽  
Us Supreme Court ◽  
The Government ◽  
Hard Cases

The issue of the use of religious symbols by the State, the Government, the Municipalities and Courts has emerged as a practical constitutional problem during the last quarter of a century. Contradictory examples of us Supreme Court jurisprudence prove that this issue is among the constitutional ‘hard cases’. The relatively recent appearance of the problem clearly indicates the ways in which American social conditions have changed and the transformation of us society’s attitude to religion.

Judges and Policy Making Authority in the United States and the European Union

ICL Journal ◽  
2014 ◽  
Vol 8 (2) ◽  
Author(s):  
Antonios E. Kouroutakis
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
The United States ◽  
Legal Order ◽  
European Court Of Justice ◽  
Judicial Activism ◽  
Court Of Justice ◽  
European Court ◽  
The Us ◽  
Us Supreme Court

AbstractInstitutions such as the US Supreme Court and the European Court of Justice in due time have developed a status of supremacy through judicial activism. The main target of the article is to identify the judicial activism exercised by these Courts and to reason its need in the legal order. In the first part the US Supreme Court and the European Court of Justice are placed in the overall polity that they belong to and the development of their status and their characteristics are analyzed. The major concern of the first part is to examine how those declared their supremacy and focus on major cases and their reason­ing.In the second part the extent of the judicial supremacy in each legal order is discussed and its effects in the decision making process are examined. The assumption that judicial activ­ism is acceptable only if it expresses consensus in the legal order is tested and it is argued that up to an extent, Judicial Activism does not distort the political agenda when it ex­presses the consensus of the legal system. Finally, it is argued that when such activism exceeds the boundaries of the consensus, the other actors in the legal system would even­tually react and would limit such activism.

scholarly journals How to predict color?

2020 ◽  
pp. 116-123
Author(s):  
Ekaterina Valer'evna Skalka
Keyword(s):  
Historical Analysis ◽  
The United States ◽  
Textile Workers ◽  
Final Word ◽  
Russian Science ◽  
Development Stages ◽  
The Subject ◽  
Online Format ◽  
Further Development

The subject of this research is the forecast or prediction of color. The Russian science does not feature work dedicated to such aspect; however, foreign sources approached prediction of color from various perspectives, most often viewing the color trends as an inseparable part of fashion. The goal of this work consists in determination of the place and time of conception of the color forecasts, historical analysis of evolution of this phenomenon, and assumptions on further development of this direction. Territorially, the epicenters of development of color forecasts are determined in Europe (France and England), in America (the United States), in Asia (Japan). The author describes the peculiarities of color predictions in each country – at certain stages one or another county was ahead or behind; whit the advent of the Internet, everything moves to online format and becomes more dynamic. The article follows the forecast of color since its emergence, highlighting all stages of its development and establishment. The chronological framework of its development stages stretches from the early XVIII century until modernity. From the earliest to more recent, these stages include the color cards, mediators and agents (between factories, textile workers and customers, and stores), trade fairs and expositions, online services and websites. It is determined that with the course of time, the methods and instruments for predicting color were being accumulated and used together; the new colors were added, while the already existing did not lose their relevance. Despite the development of technologies, a final word in forecasting color trends belongs to a human, based on experience and intuition.

scholarly journals The New Control of Territory and Urban Planning: the Eminent Domain in the US

2018 ◽  
Vol 6 (4) ◽  
pp. 38
Author(s):  
Sonia Paone
Keyword(s):  
Private Property ◽  
Cost Benefit Analysis ◽  
Cost Benefit ◽  
The United States ◽  
Eminent Domain ◽  
Public Utility ◽  
Transfer Property ◽  
The Us ◽  
Us Supreme Court ◽  
The City

The article analyses the transformations of the use of eminent domain in the United States in the context of urban redevelopment programs. In the past the private property has been expropriated for public use only. Recently it is possible to forcibly transfer property, from a private subject to private developers, on the basis of a cost-benefit analysis that demonstrates that the new use is more efficient than the previous one. This profound change has been possible thanks to a progressive modification of the concept of public use. Traditionally, public use coincided with the construction of infrastructures and public utility, such as highways and railroads. Over the time, it has come to include other aims: firstly, projects of urban renewal and economic development carried forth by private developers. Essentially, it has resulted in the use of expropriation to assemble lands which are then granted to subjects who intervene in the reconfiguration of the city for private purposes. Starting from some important examples of urban development, the main phases of this process are reconstructed, also taking into account the most important decisions of the US Supreme Court that contributed to the change of doctrine, invalidating the postulate of public use as justification for expropriation.

scholarly journals The Future of Turkey - United States Relations

Jurnal ICMES ◽  
2018 ◽  
Vol 2 (2) ◽  
pp. 179-196
Author(s):  
Firmanda Taufiq
Keyword(s):  
United States ◽  
The United States ◽  
Economic Interests ◽  
The Us ◽  
The Future ◽  
Foreign Policies ◽  
The Government ◽  
The Cold War ◽  
Role Of The Government

Throughout 2018, relations between Turkey and the United States seemed to deteriorate. The leaders of the two countries issued sharp diplomatic statements and the US even imposed economic sanctions on Turkey. This article aims to analyze how the future of relations between Turkey and the United States. Cooperation between the two has a long historical side after the Cold War. Relations between the two countries are based on various interests, both economic, political, military and security interests. The theory used in this study is the theory of national interest. The US has great interests in the Middle East and Turkey is the front-line ally in achieving those interests. However, there are many US foreign policies that ignore the Turkish concern and create tensions between the two countries. On the contrary, Turkey also has considerable economic interests, but the role of the government elite (in this case, President Erdogan) has a significant influence in the determination of Turkish foreign policy. The findings of this study, although it will go through complex challenges and processes, the US and Turkey will continue to maintain their relations.

scholarly journals Warlords, the United States, and the state of anarchy in Afghanistan

2021 ◽  
Vol 6 (2) ◽  
Author(s):  
Ahmad Shah Azami
Keyword(s):  
United States ◽  
The United States ◽  
State Building ◽  
The State ◽  
Negative Consequences ◽  
Human Rights Abuses ◽  
Illegal Mining ◽  
The Us ◽  
The Government ◽  
The Impact

As part of its “War on Terror”, the United States (US) provided immense sums of money and advanced equipment to Afghan warlords in order to defeat and dismantle the Taliban and al-Qaeda in Afghanistan. Nearly two decades after the 2001 US-led intervention in Afghanistan that toppled the Taliban regime, the US continues supporting the warlords in various ways. As the intervention was also aimed at establishing a functioning state and reconstruction of the war-torn country, the US needed the support of local warlords to achieve its goals. However, over time, warlords and warlordism became a major challenge to the postTaliban state-building project and in many ways undermined the overall security and the state monopoly on violence. These warlords, who had been mostly expelled and defeated by the Taliban regime, returned under the aegis of the B52 bombers, recaptured parts of the country and reestablished their fiefdoms with US support and resources. They not only resist giving up the power and prestige they have accumulated over the past few years, but also hamper the effort to improve governance and enact necessary reforms in the country. In addition, many of them run their private militias and have been accused of serious human rights abuses as well as drug trafficking, arms smuggling, illegal mining and extortion in the areas under their control or influence. In many ways, they challenge the government authority and have become a major hurdle to the country’s emerging from lawlessness and anarchy. This paper explores the emergence and reemergence of warlords in Afghanistan as well as the evolution of chaos and anarchy in the country, especially after the US-led intervention of late 2001. It also analyzes the impact of the post-9/11 US support to Afghan warlords and its negative consequences for the overall stability and the US-led state-building process in Afghanistan.

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