scholarly journals POLITICAL ASPECTS OF IMPLEMENTATION OF INTERNATIONAL LAW IN NATIONAL LEGISLATION OF THE UNITED STATES: FROM THEORY TO PRACTICE

2019 ◽  
Vol 21 (2) ◽  
pp. 254-267
Author(s):  
Mikhail A Burda ◽  
Ekaterina S Shevchenko
Keyword(s):  
United States ◽  
International Law ◽  
Political Development ◽  
World Order ◽  
The United States ◽  
Modern World ◽  
Federal Legislation ◽  
Course Of Action ◽  
The Us ◽  
Us Government

One of the big-league participants in major international processes, the US government defines the current agenda of the modern world order, steers the vector of international relations development and affects the distribution of power on the global political arena. A supporter of the Non-Institutionalized Global Governance concept and the idea of Rule of Law, American administration demonstrates its own, specific understanding of the goals and course of action of modern international legislation. It seems to have its own insight on the nature and order of international organizations in regards to formulation and adoption of international law, the US role in determining the key features of global law enforcement, as well as the standards and principles of implementation of international law in the US federal legislation. Despite the recent tendency of the US government to roll back from participation in IO projects and revision of a number of agreements within the framework of interstate cooperation, the United States not only succeeds, one way or another, in guiding the trends of global political development, but also continues to have an impact on the interpretation and application of international law. The given article looks at the status of international law in the American legal system, focuses on the participation of the United States in proposition, discussion and adoption of conventions, declarations, agreements and other documents within the framework of the UN, and determines the main directions, according to which American jurisdiction implements international legal doctrines. The current research also brings a focus on specific issues, problems, relations, and contacts regulated at the international level but not implemented by the US federal legislation. The article analyzes political aspects of formulation and adoption of legal rules by American public administration, which are meant to supplement and specify the dominant principles of international sources of law.

scholarly journals The measures against the International Criminal Court (USA v. ICC): the perspective of International Law

2021 ◽  
Vol 25 (1) ◽  
pp. 309-332
Author(s):  
Walid Fahmy
Keyword(s):  
United States ◽  
International Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
The United States ◽  
Criminal Code ◽  
Criminal Court ◽  
The Us ◽  
Us Government

Since its creation, the International Criminal Court has faced the refusal of the United States to cooperate, which, in addition to staying outside the Rome Statute, has undertaken a real strategy of weakening the Criminal Code. The argument put forward by the US Government against the Rome Statute is that an international treaty cannot create obligations for a non-party state and therefore the United States denies any jurisdiction of that jurisdiction over its nationals. As early as 2000, that country had unsuccessfully introduced a proposal before the Preparatory Commission to prevent bringing American military personnel to the Court. The American Service Members Protection Act (ASPA), bilateral immunity agreements and Security Council resolutions constitute the arsenal used by States at that time to neutralize the ICC. Recently, the United States signed an order authorizing the United States to prevent and penalize employees of the International Criminal Court from entering the country. The US administration, which has been critical of the ICC for months, is opposed to launching investigation into war crimes in Afghanistan. Is not that a sign of difficulty with the US Legal Justifications? In other words, does this weakness open up the possibility of prosecution in the event of a violation of international law by US?

Political Culture in the United States' Treaty-Making: A New Century, Familiar Behavior So Far

2002 ◽  
Vol 15 (1) ◽  
pp. 207-223
Author(s):  
Alastair Iles
Keyword(s):  
United States ◽  
Political Culture ◽  
International Law ◽  
21St Century ◽  
The United States ◽  
Cultural Factors ◽  
Constructivist Approach ◽  
The Us ◽  
The World ◽  
Us Government

At the beginning of the 21st century, the United States is criticized widely for its attitudes to treaty-making. It has sought to oppose, or withdraw from, a number of treaties such as the Kyoto Protocol or the Anti-Ballistic Missile Treaty. Such behavior is conventionally attributed, in neo-realistic international law and political science theories, to the interests and ideologies that the US Government articulates. This essay uses a constructivist approach, namely focusing on how treaty-making is shaped by the interpretive work of people regarding the world they live in, to expand the analysis to include structural and cultural factors. The United States' treaty-making is also affected by the decentralized and participatory system of government, and by broader societal commitments to political transparency and culturally contingent understandings of risk.

Pathways to Legalization: Undocumented Mexican Immigrants in the US/Mexico Borderlands, 1942–1956

2015 ◽  
Vol 2 (2) ◽  
Author(s):  
Ana Elizabeth Rosas
Keyword(s):  
United States ◽  
Family Relationships ◽  
Mexican Immigrants ◽  
Extended Family ◽  
The United States ◽  
Mexican Immigrant ◽  
Agricultural Laborers ◽  
The Us ◽  
Us Government ◽  
Contract Laborers

In the 1940s, curbing undocumented Mexican immigrant entry into the United States became a US government priority because of an alleged immigration surge, which was blamed for the unemployment of an estimated 252,000 US domestic agricultural laborers. Publicly committed to asserting its control of undocumented Mexican immigrant entry, the US government used Operation Wetback, a binational INS border-enforcement operation, to strike a delicate balance between satisfying US growers’ unending demands for surplus Mexican immigrant labor and responding to the jobs lost by US domestic agricultural laborers. Yet Operation Wetback would also unintentionally and unexpectedly fuel a distinctly transnational pathway to legalization, marriage, and extended family formation for some Mexican immigrants.On July 12, 1951, US president Harry S. Truman’s signing of Public Law 78 initiated such a pathway for an estimated 125,000 undocumented Mexican immigrant laborers throughout the United States. This law was an extension the Bracero Program, a labor agreement between the Mexican and US governments that authorized the temporary contracting of braceros (male Mexican contract laborers) for labor in agricultural production and railroad maintenance. It was formative to undocumented Mexican immigrant laborers’ transnational pursuit of decisively personal goals in both Mexico and the United States.Section 501 of this law, which allowed employers to sponsor certain undocumented laborers, became a transnational pathway toward formalizing extended family relationships between braceros and Mexican American women. This article seeks to begin a discussion on how Operation Wetback unwittingly inspired a distinctly transnational approach to personal extended family relationships in Mexico and the United States among individuals of Mexican descent and varying legal statuses, a social matrix that remains relatively unexplored.

The World of Uncertainty: Is America Losing Its Leverage Towards a Looming New China–Russia Alliance?

2021 ◽  
Vol 13 (04) ◽  
pp. 92-106
Author(s):  
Vitaly KOZYREV
Keyword(s):  
United States ◽  
21St Century ◽  
World Order ◽  
The United States ◽  
Great Power ◽  
Window Of Opportunity ◽  
The Us ◽  
The World ◽  
Alliance Building

The recent deterioration of US–China and US–Russia relations has stumbled the formation of a better world order in the 21st century. Washington’s concerns of the “great power realignment”, as well as its Manichean battle against China’s and Russia’s “illiberal regimes” have resulted in the activated alliance-building efforts between Beijing and Moscow, prompting the Biden administration to consider some wedging strategies. Despite their coordinated preparation to deter the US power, the Chinese and Russian leaderships seek to avert a conflict with Washington by diplomatic means, and the characteristic of their partnership is still leaving a “window of opportunity” for the United States to lever against the establishment of a formal Sino–Russian alliance.

The American Perception of the Palestine-Israel Conflict

2021 ◽  
Author(s):  
Israa Daas ◽  
Keyword(s):  
United States ◽  
Middle East ◽  
Political Party ◽  
The United States ◽  
The Us ◽  
The World ◽  
Us Government ◽  
Source Of Information

Abstract The Palestine-Israel conflict is probably one of the most pressing problems in the Middle East. Moreover, the United States has been involved in this conflict since the 1970s. Therefore, the present research aims to learn more about the American perception of the Palestinian-Israeli conflict. It was conducted using a survey that addressed Americans from different backgrounds, focusing on four variables: the American government’s position, solutions, the Israeli settlements, and Jerusalem. The research suggests a correlation between political party and the American perception of the conflict. It appears that Republicans seem to be against the withdrawal of the Israeli settlements, and they believe that the US government is not biased toward Israel. Nevertheless, Democrats tend to believe that the US government is biased in favor of Israel, and they support withdrawing the Israeli settlements. Moreover, there might be another correlation between the American perception and the source of information they use to learn about the conflict. Most of the surveyed Americans, whatever their resource of information that they use to learn about the conflict is, tend to believe that the US is biased in favor of Israel. It is crucial to know about the American perception when approaching to a solution to the conflict as the US is a mediator in this conflict, and a powerful country in the world. Especially because it has a permanent membership in the UN council. KEYWORDS: American Perception, Palestine-Israel Conflict, Jerusalem, Israeli settlements

scholarly journals 9/11 as False Flag: Why International Law Must Dare to Care

2017 ◽  
Vol 25 (3) ◽  
pp. 371-392 ◽  
Author(s):  
Amy Baker Benjamin
Keyword(s):  
United States ◽  
Twentieth Century ◽  
United Nations ◽  
International Law ◽  
The United States ◽  
September 11 ◽  
African History ◽  
The Us ◽  
The United Nations ◽  
International War

At the heart of contemporary international law lies a paradox: the attacks on the United States of September 11, 2001 have justified 16 years of international war, yet the official international community, embodied principally in the United Nations, has failed to question or even scrutinise the US government's account of those attacks. Despite the emergence of an impressive and serious body of literature that impugns the official account and even suggests that 9/11 may have been a classic (if unprecedentedly monstrous) false-flag attack, international statesmen, following the lead of scholars, have been reluctant to wade into what appears to be a very real controversy. African nations are no strangers to the concept of the false flag tactic, and to its use historically in the pursuit of illegitimate geopolitical aims and interests. This article draws on recent African history in this regard, as well as on deeper twentieth-century European and American history, to lay a foundation for entertaining the possibility of 9/11-as-false-flag. This article then argues that the United Nations should seek to fulfil its core and incontrovertible ‘jury’ function of determining the existence of inter-state aggression in order to exercise a long-overdue oversight of the official 9/11 narrative.

scholarly journals Quebec’s Economic and Commercial Linkages with the United States, 1994–2017

2017 ◽  
Author(s):  
Earl H. Fry
Keyword(s):  
United States ◽  
Trade Agreement ◽  
The United States ◽  
The North ◽  
Nation States ◽  
Wide Range ◽  
The Us ◽  
Us Government ◽  
Big Picture ◽  
The Impact

This article examines the ebb and flow of the Quebec government’s economic and commercial relations with the United States in the period 1994–2017. The topic demonstrates the impact of three major forces on Quebec’s economic and commercial ties with the US: (1) the North American Free Trade Agreement (NAFTA) which became operational in 1994 and was fully implemented over a 15-year period; (2) the onerous security policies put in place by the US government in the decade following the horrific events of 11 September 2001; and (3) changing economic circumstances in the United States ranging from robust growth to the worst recession since the Great Depression of the 1930s. The article also indicates that the Quebec government continues to sponsor a wide range of activities in the United States, often more elaborate and extensive than comparable activities pursued by many nation-states with representation in the US. 1 1 Stéphane Paquin, ‘Quebec-U.S. Relations: The Big Picture’, American Review of Canadian Studies 46, no. 2 (2016): 149–61.

US grand strategy after the Cold War: Can realism explain it? Should realism guide it?

2018 ◽  
Vol 32 (1) ◽  
pp. 3-22 ◽  
Author(s):  
Stephen M Walt
Keyword(s):  
United States ◽  
Foreign Policy ◽  
Cold War ◽  
World Order ◽  
The United States ◽  
Grand Strategy ◽  
Structural Constraints ◽  
The Us ◽  
The Cold War ◽  
Policy Elites

This article uses realism to explain past US grand strategy and prescribe what it should be today. Throughout its history, the United States has generally acted as realism depicts. The end of the Cold War reduced the structural constraints that states normally face in anarchy, and a bipartisan coalition of foreign policy elites attempted to use this favorable position to expand the US-led ‘liberal world order’. Their efforts mostly failed, however, and the United States should now return to a more realistic strategy – offshore balancing – that served it well in the past. Washington should rely on local allies to uphold the balance of power in Europe and the Middle East and focus on leading a balancing coalition in Asia. Unfortunately, President Donald Trump lacks the knowledge, competence, and character to pursue this sensible course, and his cavalier approach to foreign policy is likely to damage America’s international position significantly.

The Carter administration and the "communist question" in Italy. The political development and action, 1976-1978

2021 ◽  
pp. 101-126
Author(s):  
Alice Ciulla
Keyword(s):  
United States ◽  
Political Development ◽  
The United States ◽  
Carter Administration ◽  
Jimmy Carter ◽  
Electoral Campaign ◽  
The Us ◽  
Liberal Culture ◽  
Ambiguous Position

Jimmy Carter was elected President of the United States in November 1976. A few months earlier, the Italian elections marked an extraordinary result for the Italian Communist Party (PCI), and some of its members obtained institutional roles. During the electoral campaign, members of Carter's entourage released declarations that seemed to prelude to abandoning the anti-communist veto posed by previous governments. For a year after the inauguration, the US administration maintained an ambiguous position. Nonetheless, on 12 January 1978, the United States reiterated its opposition to any forms of participation of communists in the Italian government. Drawing on a varied set of sources and analysing the role of non-state actors, including think tanks and university centres, this article examines the debate on the Italian "communist question" within the Carter administration and among its advisers. Such discussion will be placed within a wider debate that crossed America's liberal culture.

China’s Relations with the United States

2020 ◽  
pp. 211-232
Author(s):  
Robert Sutter
Keyword(s):  
United States ◽  
Communist Party ◽  
General Pattern ◽  
The United States ◽  
Asia Pacific ◽  
Pacific Region ◽  
Republic Of China ◽  
The Us ◽  
The World ◽  
Us Government

This chapter reviews Chinese Communist Party (CCP) and People’s Republic of China (PRC) interactions with the United States since the 1940s, and it reveals a general pattern of the United States at the very top of China’s foreign priorities. Among those few instances where China seemed to give less attention to the United States was the post-2010 period, which saw an ever more powerful China advancing at US expense. However, China’s rapid advance in economic, military, and diplomatic power has progressively alarmed the US government, which now sees China as its main international danger. Looking forward into the future, deteriorating US-China relations have enormous consequences for both countries, the Asia-Pacific region, and the world.

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