scholarly journals Criminal Law In Antarctica: Law West Of The Pecos Revisited

2011 ◽  
Vol 1 (6) ◽  
Author(s):  
W. Michael Seganish
Keyword(s):  
Criminal Law ◽  
The United States ◽  
Point Of View ◽  
Federal Law ◽  
Environmental Disaster ◽  
Antarctic Treaty ◽  
Diplomatic Immunity ◽  
The Right ◽  
A Minor ◽  
The Antarctic

In a criminal law matter, jurisdiction is often a minor consideration.  That is, where the crime is committed determines who has the right to prosecute and what law applies.  There may be some jurisdictional issues whether state law or federal law governs in the United States; but this is by and large resolved by one taking jurisdiction.  The same would be normally true in the international law area where it was committed.  That is, if a crime is committed in France or Germany, then the law where it was committed would prevail subject to other international issues such as diplomatic immunity which would prevent a sovereign from prosecuting.  This is not the case in Antarctica because Antarctica belongs to no one particular nation.  It is governed by the Antarctic Treaty.  The Treaty is mindful of territorial claims and defers to a sector theory as to which criminal law applies.  This means in this sovereign-less continent that one cannot tell specifically what criminal law, if any, exists to regulate activities.  This has numerous ramifications other than the micro application in one particular case because from a macro point of view actions can occur for which there is no remedy.  The analysis limits itself to criminal law issues, but much larger implications exist in the event of an environmental disaster, for example, where there may be no remedy against an offending party.

Particular generalisation: the Antarctic Treaty of 1959 in relation to the anti-nuclear movement

Polar Record ◽  
2008 ◽  
Vol 44 (2) ◽  
pp. 115-125 ◽  
Author(s):  
Jason Kendall Moore
Keyword(s):  
The United States ◽  
Strategic Orientation ◽  
Nuclear Movement ◽  
The Us ◽  
Antarctic Treaty ◽  
Nuclear Tests ◽  
The Right ◽  
The Cold War ◽  
Test Ban ◽  
The Antarctic

ABSTRACTThis article presents the US role in the formation of the Antarctic Treaty of 1959 in relation to the era's anti-nuclear movement. The purpose is two-fold: to highlight the strategic orientation of US Antarctic policy, suggesting that it was less enlightened than it is frequently portrayed; and to highlight the influence of the anti-nuclear movement upon the treaty's inclusion of a test ban which the United States initially opposed, hoping to reserve the right to conduct nuclear tests. The treaty is depicted as a particular generalisation: one aspect of the cold war that gains significance when scrutinised in relation to another that is much better-known.

scholarly journals A new paradigm of human rights in the context of the global threats development

2021 ◽  
Vol 118 ◽  
pp. 02011
Author(s):  
Georgy Borisovich Romanovsky ◽  
Olga Valentinovna Romanovskaya ◽  
Vladislav Georgievich Romanovsky ◽  
Anastasia Andreevna Ryzhova ◽  
Olga Aleksandrovna Ryzhova
Keyword(s):  
Human Rights ◽  
Homo Sapiens ◽  
The United States ◽  
Point Of View ◽  
Humanitarian Law ◽  
New Paradigm ◽  
Law Enforcement Agencies ◽  
The Right To Privacy ◽  
Biomedical Technologies ◽  
The Right

The purpose of the research is to formulate the general guidelines for the transformation of human rights as a result of global threats. The methodological framework was the methods of comparative legal research, which showed the general trends in the development of the human rights legislation under the influence of global threats. By the example of the responses of states to the terrorist attacks that occurred on September 11, 2001, it is shown how legislative innovations expanding the powers of law enforcement agencies and special services have led to the revision of the content of such basic human rights as the right to privacy and/or the right to personal inviolability. Highlighted is the concept of the “war on terror” (formulated by the United States President in 2001), which allows terrorists to be treated as representatives of a belligerent but without providing any international guarantees enshrined in the provisions of the international humanitarian law. The consequences of the introduction of biomedical technologies, that are aggressive towards humans, are presented, namely the creation of chimeric organisms that contribute to blurring the interspecific boundaries; creation of a genetically modified organism – human embryo; the development of an artificial uterus capable of bearing a human fetus practically from the time the male and female reproductive cells join. The results consist in the identified trends in the development of legal institutions, such as the formulation of new human rights often replacing or distorting the content of basic recognised human rights enshrined in the key international documents and constitutions of the countries of the world; bypassing the legal prohibitions established over the past decades by introducing relativism and assessing any situation from the point of view of the conditions for its occurrence. The novelty of the research lies in the authors’ position and is formulated as follows: the modern system of human rights is facing a serious crisis. Failure to effectively respond to symbolic challenges and threats is one of the factors necessitating the need for monitoring many regulatory documents. But a significant reason for the backlash also lies in the fact that we are at the turn of an era when technology shows humanity the possibility of correcting the very nature of Homo sapiens.

scholarly journals An Arabic translation of Susan Glaspell's play, "Trifles"

2019 ◽  
Vol 7 (4) ◽  
pp. 14
Author(s):  
Abbas Brashi
Keyword(s):  
American Literature ◽  
The United States ◽  
Arab Countries ◽  
Point Of View ◽  
Daily News ◽  
Arabic Translation ◽  
Des Moines ◽  
Emotionally Abused ◽  
The Right ◽  
Susan Glaspell

This is an Arabic translation of “Trifles”, a famous play by prominent American playwright Susan Glaspell (1876-1948). Glaspell was one of the founders of the Playwright’s Theatre, formerly recognized as the Provincetown Players in the United States of America. She wrote ten novels, twenty plays, and more than forty short stories. “Trifles” is a one-act play written in 1916.2 It is considered to be one of Susan Glaspell’s major works. “Trifles” is a play that is frequently anthologized in American literature textbooks. The play was based on the murder case of the sixty-year-old farmer, John Hossack, which was covered widely by Susan Glaspell while she was working as a journalist with the Des Moines Daily News immediately after her graduation from Drake University. Accordingly, “Trifles” presents the murder of an oppressive husband by his emotionally abused wife. It is an attempt to re-address the John Hossack case from the point of view of women who might not have a similar viewpoint of the nature of marital disagreement and domestic unhappiness.3 The murder happened in a period where women had insufficient protection from domestic abuse, and had not yet obtained the right to vote. The main characters of the play are: 1- The Sheriff, Mr. Henry Peters; 2- Mrs. Peters(wife of the Sheriff); 3- Mr. Lewis Hale (a neighbour of Mr. and Mrs. Wright); 4- Mrs. Hale (wife of Mr. Hale); and 5- The County Attorney, Mr. George Henderson. The off-stage characters are: 1- Mr. John Write (the victim); 2-Mrs. Minnie Write (the victim’s wife); 3- Frank (Deputy Sheriff); 4- Harry (a helper of Mr.Lewis Hale); 5- Dr. Lloyd (the coroner). The play addressed the life of Mrs. Wright who becameenraged and took the life of her abusive and violent husband after he killed her bird. The motivefor murder was the killing of the canary because it represented freedom for her. Mrs. Wright, theprotagonist, lived through a series of emotions, such as rage, shock, lack of feeling, rejection,and deep sadness, mainly because the loss of her bird was sudden, surprising and unforeseen.4 She considered the death of her bird as a great calamity, as she lost something extremely crucialin her life. Susan Glaspell chose the title of the play from a line stated by one of the characters inthe play, Mr. Lewis Hale, when he says: “Well, women are used to worrying about trifles.” The title demonstrates irony when Mrs. Minnie Wright seemed to be more concerned about triflesthan she is about being under arrest for murder. This English play, “Trifles,” was chosen to betranslated into Arabic because of its significance and association to the Arab culture. For thesake of wide readability, it was translated into Modern Standard Arabic (formal Arabic), as it isquite the same in all Arab countries.

Allegiance, Diplomatic Protection and Criminal Jurisdiction Over Aliens

1947 ◽  
Vol 9 (3) ◽  
pp. 330-348 ◽  
Author(s):  
H. Lauterpacht
Keyword(s):  
International Law ◽  
Present Article ◽  
Criminal Law ◽  
Constitutional Law ◽  
Point Of View ◽  
Considerable Importance ◽  
Criminal Jurisdiction ◽  
Diplomatic Protection ◽  
The Right

The cause célèbre of King v. William Joyce, subsequently reported as Joyce v. Director of Public Prosecutions, was concerned to a large extent with matters of interest for international law, and it is mainly from this point of view that it is proposed to discuss it in the present article. Obviously the case is also of considerable importance both for criminal law, in so far as it is concerned with the crime of treason, and for constitutional law inasmuch as it bears directly on the question of the nature and the obligations of allegiance. However, it is probable that the case books which will claim it most insistently will be those of international law. For the decision in Rex v. Joyce is not only an authority on certain aspects of allegiance owed by aliens and of the right of a State to assume jurisdiction over acts committed by aliens abroad. It sheds light on such questions as the nature of diplomatic protection of citizens, the right of a State to protect diplomatically persons who are not its citizens, the obligation of allegiance of so-called protected persons, and some others. Not all these questions were judicially answered, but they loomed large in argument and imparted to the proceedings the complexion of a case concerned predominantly with international law. In view of this it may be pertinent to preface this article by drawing attention to a point which appears to be a mere matter of terminology but which, it is believed, raises an issue of wider significance.

Protected areas review: McMurdo Sound, Ross Sea

Polar Record ◽  
1994 ◽  
Vol 30 (174) ◽  
pp. 189-192 ◽  
Author(s):  
Colin M. Harris
Keyword(s):  
Protected Areas ◽  
Geographical Information Systems ◽  
Process Management ◽  
Ross Sea ◽  
The United States ◽  
Geographical Information ◽  
Management Plans ◽  
Antarctic Treaty ◽  
Field Information ◽  
The Antarctic

AbstractAs a result of new provisions in the Protocol on Environmental Protection to the Antarctic Treaty a number of countries are reviewing the management plans for protected areas in Antarctica. The United States and New Zealand have initiated a review of the 15 existing sites in the Ross Sea region, using an independent party, the International Centre for Antarctic Information and Research, to facilitate and coordinate the process. Management provisions are being revised to comply with the Protocol, and improved maps for the sites are being prepared using Geographical Information Systems. Visits in 1993/94 gathered field information, and thus far two sites have had new plans drafted: these are proceeding through the international review process. Input and comment is invited from interested parties with experience in these areas.

ANTI-CORRUPTION POLICY BY LEGAL MEANS

2015 ◽  
Vol 10 (6) ◽  
pp. 129-134 ◽  
Author(s):  
Назаренко ◽  
Gennadiy Nazarenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Not Given ◽  
Federal Law ◽  
Effective Implementation ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right ◽  
Official Status

In the article anti-corruption policy is considered in criminal law and in the preventive aspects. The definition of anti-corruption policy by legal means is given. It is shown that the most significant and effective tool in this direction (kind) of policy is the Criminal Code of the Russian Federation. However, the preventive potential of criminal law is not enough. The law does not cover a lot of corruption manifestations, which are involved in the use of any official status, its authority and opportunities. Up to the present time criminal law is not given with the accordance of the Federal Law «On combating corruption» from 25.12..2008 №273-FZ (as amended on 22.12.2014). Criminal law measures applied to corrupt officials, have palliative nature: they are based on the concept of limited use of criminal law and mitigation of punishment. The author makes a reasonable conclusion that more effective implementation of anti-corruption policy requires the adoption of new criminal law which contains the Chapter on corruption crimes, sanctions of which must include imprisonment as punishment as well as confiscation of property or life deprivation of the right to occupy certain positions or to be engaged in certain activities.

Antarctica

2019 ◽  
Author(s):  
David Day
Keyword(s):  
United States ◽  
Great Britain ◽  
Global Change ◽  
The United States ◽  
Marine Resources ◽  
The World ◽  
History Of ◽  
Antarctic Treaty ◽  
The Antarctic

Part of the What Everyone Needs to Know® series, David Day's book on Antarctica examines the most forbidding and formidably inaccessible continent on Earth. Antarctica was first discovered by European explorers in 1820, and for over a century following this, countries competed for the frozen land's vast marine resources--namely, the skins and oil of seals and whales. Soon the entire territory played host to competing claims by rival nations. The Antarctic Treaty of 1959 was meant to end this contention, but countries have found other means of extending control over the land, with scientific bases establishing at least symbolic claims. Exploration and drilling by the United States, Great Britain, Russia, Japan, and others has led to discoveries about the world's climate in centuries past--and in the process intimations of its alarming future. Delving into the history of the continent, Antarctic wildlife, arguments over governance, underwater mountain rangers, and the continent's use in predicting coming global change, Day's work sheds new light on a territory that, despite being the coldest, driest, and windiest continent in the world, will continue to be the object of intense speculation and competition.

The Soviet Union and the Antarctic Regime

1984 ◽  
Vol 78 (4) ◽  
pp. 834-858 ◽  
Author(s):  
Boleslaw A. Boczek
Keyword(s):  
United States ◽  
Soviet Union ◽  
The United States ◽  
Science Literature ◽  
The West ◽  
The Third ◽  
The Soviet Union ◽  
Social Science Literature ◽  
Antarctic Treaty ◽  
The Antarctic

Ever since the Antarctic regime began the third, crucial decade of its existence following the entry into effect of the Antarctic Treaty in 1961, interest in the frozen continent has escalated. This interest has spawned an immense social science literature, which analyzes the diverse legal, political and economic aspects of Antarctica and the surrounding oceans. The Antarctic regime has been universally and deservedly hailed both in the West and, especially, in the East as an unprecedented example of peaceful cooperation among states professing conflicting ideologies and, one might add, belonging to adversary alliances—as witnessed especially by the participation in the regime of the two superpowers, the United States and the Soviet Union. Yet much of the pertinent scholarly writing devotes primary or exclusive attention to the position of the United States within this regime; except for incidental references in some works, not one study has appeared anywhere that deals with the position of the Soviet Union on major substantive issues arising within the context of the Antarctic regime. This study will attempt to fill this gap by comprehensively examining the topic of Soviet participation in the affairs of the southern continent.

South Africa and the Antarctic, 1920–1960

Polar Record ◽  
1996 ◽  
Vol 32 (180) ◽  
pp. 25-42 ◽  
Author(s):  
Klaus J. Dodds
Keyword(s):  
South Africa ◽  
South African ◽  
African State ◽  
The United States ◽  
The South ◽  
African Government ◽  
Determining Factors ◽  
Antarctic Continent ◽  
Antarctic Treaty ◽  
The Antarctic

AbstractThe South African state has never made a formal claim to the Antarctic continent. In the inter-war period, the South African government prepared a number of memorandums and discussion papers on the subject of a ‘South African sector in the Antarctic.’ This paper not only critically interprets those government papers, but, more importantly, assesses the reasons why South Africa never made a formal claim. It is suggested that relations with Britain and the Empire, as well as the activities of Norway and the United States, were crucial determining factors. Finally, the implications for later South African involvement in the South Atlantic and the Antarctic Treaty System are briefly considered.

scholarly journals Pozycja w systemie władzy USA oraz zadania Rady ds. Monitorowania Stabilności Finansowej

2017 ◽  
pp. 61-74
Author(s):  
Wojciech Kwiatkowski
Keyword(s):  
United States ◽  
Financial Sector ◽  
The United States ◽  
Point Of View ◽  
Federal Law ◽  
The Us ◽  
Finance Company ◽  
Key Issues ◽  
The Stability ◽  
Financial Company

Present article discusses some of the key issues introduced to the US federal law in 2010 to ensure the stability of the financial sector in the United States. Special attention was paid to two issues, i.e. the rules and procedures under which the FSOC may considered a non-banking finance company to be important from the point of view of stability of the US financial sector (and in such situation trigger supplementary supervision by the FRS) and the procedure for controlled liquidation of a financial company considered by the FSOC to be a risk to the stability of the US financial system.

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