The Responsibility of the Federal Government for Violations of the Rights of Aliens

1914 ◽  
Vol 8 (1) ◽  
pp. 73-80
Author(s):  
Nelson Gammans
Keyword(s):  
United States ◽  
International Law ◽  
Federal Government ◽  
The United States ◽  
The State ◽  
The World ◽  
The Government ◽  
American Flag

“The only government of this country, which other nations recognize or treat with, is the Government of the Union; and the only American flag known throughout the world is the flag of the United States.” The Government of the Union, as the only internationally recognized agent of the state, bears the responsibility for any violations of the rights which it owes to aliens, whether these rights are the result of treaty obligations or of international law.

Territorial Propinquity

1918 ◽  
Vol 12 (3) ◽  
pp. 519-561 ◽  
Author(s):  
Quincy Wright
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
Equal Protection ◽  
Special Interests ◽  
The World ◽  
Special Relations ◽  
Geographical Position ◽  
The Law ◽  
The Government

In an exchange of notes of November 2, 1917, between Secretary of State Lansing and Viscount Ishii, Special Ambassador of Japan, occurs the following paragraph: The Governments of the United States and Japan recognize that territorial propinquity creates special relations between countries, and consequently, the Government of the United States recognizes that Japan has special interests in China, particularly in the part to which her possessions are contiguous.That states are more interested in the immediate neighborhood of their frontiers than in remote parts of the world, and are apt to carry on a disproportionate commerce and intercourse or even to expand in such regions, are facts familiar to all students of history and diplomacy; but that geographical position should create special legal capacities is a doctrine perhaps more unfamiliar and seemingly in conflict with certain traditionally repeated maxims, such as the equality of states. If peculiar geographic relationship gives rise to peculiar legal privileges and responsibilities, an absolute equality of states can not be assumed, although equality before the law or equal protection of the law might still be recognized. The fact is unquestionable that on frequent occasions the geographic position of territory. has been offered and accepted as a justification for exceptional proceedings, admitted, in some cases, to be otherwise contrary to the requirements of international law.

scholarly journals Litigating for the Homeland: An Indian Treaty Framework to Climate Litigation in the Wake of Juliana

2021 ◽  
pp. 303
Author(s):  
Evan Neustater
Keyword(s):  
Climate Change ◽  
United States ◽  
Federal Government ◽  
The United States ◽  
Address Climate Change ◽  
Trust Relationship ◽  
The World ◽  
Indian Tribes ◽  
The Government ◽  
Indian Nations

Climate change is an increasingly pressing issue on the world stage. The federal government, however, has largely declined to address any problems stemming from the effects of climate change, and litigation attempting to force the federal government to take action, as highlighted by Juliana v. United States, has largely failed. This Note presents the case for a class of plaintiffs more likely to succeed than youth plaintiffs in Juliana—federally recognized Indian tribes. Treaties between the United States and Indian nations are independent substantive sources of law that create enforceable obligations on the federal government. The United States maintains a trust relationship with federal Indian tribes, and that relationship obliges a duty of protection upon the federal government. This Note argues that those obligations may support climate change claims under the theory that the government, by failing to address climate change, has failed its duty of protection under its treaties.

Contemporary Practice of the United States Relating to International Law

1997 ◽  
Vol 91 (3) ◽  
pp. 493-517
Author(s):  
Marian Nash (Leich)
Keyword(s):  
United States ◽  
Hong Kong ◽  
Law Enforcement ◽  
International Law ◽  
The United States ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Government ◽  
Contemporary Practice

On March 3,1997, President William J. Clinton transmitted to the Senate for its advice and consent to ratification as a treaty the Agreement Between the Government of the United States of America and the Government of Hong Kong for the Surrender of Fugitive Offenders, signed at Hong Kong on December 20,1996. In his letter of transmittal, President Clinton pointed out that, upon its entry into force, the Agreement would “enhance cooperation between the law enforcement communities of the United States and Hong Kong, and … provide a framework and basic protections for extraditions after the reversion of Hong Kong to the sovereignty of the People’s Republic of China on July 1, 1997.” The President continued: Given the absence of an extradition treaty with the People’s Republic of China, this Treaty would provide the means to continue an extradition relationship with Hong Kong after reversion and avoid a gap in law enforcement. It will thereby make a significant contribution to international law enforcement efforts.The provisions of this Agreement follow generally the form and content of extradition treaties recently concluded by the United States. In addition, the Agreement contains several provisions specially designed in light of the particular status of Hong Kong. The Agreement’s basic protections for fugitives are also made expressly applicable to fugitives surrendered by the two parties before the new treaty enters into force.

Security Council

1963 ◽  
Vol 17 (1) ◽  
pp. 226-230
Keyword(s):  
United States ◽  
Soviet Union ◽  
International Law ◽  
Security Council ◽  
The United States ◽  
United States Government ◽  
The Soviet Union ◽  
The World ◽  
Peace And Security ◽  
States Government

The Security Council discussed this question at its 1022nd–1025th meetings, on October 23–25, 1962. It had before it a letter dated October 22, 1962, from the permanent representative of the United States, in which it was stated that the establishment of missile bases in Cuba constituted a grave threat to the peace and security of the world; a letter of the same date from the permanent representative of Cuba, claiming that the United States naval blockade of Cuba constituted an act of war; and a letter also dated October 22 from the deputy permanent representative of the Soviet Union, emphasizing that Soviet assistance to Cuba was exclusively designed to improve Cuba's defensive capacity and that the United States government had committed a provocative act and an unprecedented violation of international law in its blockade.

Arizona Reopening Phase 2: Rise and Fall of COVID-19 Cases

2021 ◽  
Vol 6 (5) ◽  
Keyword(s):  
United States ◽  
Longitudinal Study ◽  
Health Services ◽  
The United States ◽  
The State ◽  
Acquired Immunity ◽  
Phase 2 ◽  
Department Of Health ◽  
The World ◽  
Data Source

Of the United States 50 states, Arizona is the sixth largest in size. It is about the same size as Italy. After three months of Arizona Reopening Phase 2, the COVID-19 cases had surged. In early January 2021, ABC and NBC News reported that Arizona has the highest new cases per capital in the world. This longitudinal study examined the Arizona’s Reopening Phase 2 surge in cases. The study examined the changes in the numbers of testing given, new COVID-19 cases, cases that required hospitalizations, deaths, and vaccines given. The data source used was from the Arizona Department of Health Services COVID-19 dashboard database. During the last third of seven-month study period, Arizona’s case numbers declined as the number of those infected recovered and acquired immunity and the state residents became fully vaccinated increased.

II. The United States of Lyncherdom

Prospects ◽  
2000 ◽  
Vol 25 ◽  
pp. 139-150
Author(s):  
Mark Twain
Keyword(s):  
United States ◽  
The United States ◽  
The State ◽  
Single Sample ◽  
Chinese Christians ◽  
The Earth ◽  
The World ◽  
The One

And so Missouri has fallen, that great State! Certain of her children have joined the lynchers, and the smirch is upon the rest of us. That handful of her children have given us a character and labeled us with a name; and to the dwellers in the four quarters of the earth we are “lynchers,” now, and ever shall be. For the world will not stop and think – it never does, it is not its way; its way is to generalize from a single sample. It will not say “Those Missourians have been busy eighty years in building an honorable good name for themselves; these hundred lynchers down in the corner of the State are not real Missourians, they are bastards.” No, that truth will not enter its mind; it will generalize from the one or two misleading samples and say “The Missourians are lynchers.” It has no reflection, no logic, no sense of proportion. With it, figures go for nothing; to it, figures reveal nothing, it cannot reason upon them rationally; it is Brother J. J. infinitely multiplied; it would say, with him, that China is being swiftly and surely Christianized, since 9 Chinese Christians are being made every day; and it would fail, with him, to notice that the fact that 33,000 pagans are born there every day, damages the argument. It would J-J Missouri, and say “There are a hundred lynchers there, therefore the Missourians are lynchers;” the considerable fact that there are two and a half million Missourians who are not lynchers would not affect their verdict any more than it would affect Bro. J. J.'s.

Text of Resolution Which Entered the United States into World War

1917 ◽  
Vol 85 (17) ◽  
pp. 455-456
Keyword(s):  
United States ◽  
House Of Representatives ◽  
United States Of America ◽  
The United States ◽  
World War ◽  
German Government ◽  
The People ◽  
Successful Termination ◽  
The World ◽  
The Government

The following is the text of the resolutions which officially entered the United States into the world war:— “Whereas the imperial German government has committed repeated acts of war against the government and the people of the United States of America; therefore be it “Resolved by the Senate and House of Representatives of the United States of America in congress assembled, that the state of war between the United States and the imperial German government, which has thus been thrust upon the United States, is hereby formally declared; and that the President be and he is hereby authorized and directed to employ the entire naval and military forces of the United States and the resources of the government to carry on war against the imperial German government; and to bring the conflict to a successful termination all of the resources of the country are hereby pledged by the Congress of the United States.”

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.

The Final Stage of the Minority Revolution in the United States. Upward Mobility of Minorities to the Corridors of Power

2021 ◽  
Vol 13 (2-1) ◽  
pp. 62-91
Author(s):  
Irina Zhezhko-Braun ◽  
Keyword(s):  
United States ◽  
Social Institutions ◽  
Electoral System ◽  
The United States ◽  
The State ◽  
Political Elite ◽  
The Political ◽  
Protest Movements ◽  
Electoral Laws ◽  
The Government

This article is the third and final in a series dealing with the birth of a new political elite in the United States, the minority elite. In previous articles, the mechanism of its appearance was analyzed, as well as its ideology, goals, program and values. The black movement, as the most co-organized of all protest movements, is entering the final phase of its development, being engaged in the placement of its representatives in state and federal governments, political parties and other social institutions. The women’s movement has recently been taken over by ethnic movements, primarily blacks, and has become their vanguard. This article describes new social elevators for the promotion of minority representatives into the corridors of power. The logic of promoting people of their own race, gender and nationality to the highest branches of power began to prevail over other criteria for recruiting personnel. During the 2020 election campaign, a new mechanism for promoting minorities in all branches of government was formed. It is based on numerous violations of local and federal electoral legislation. The mechanism of pressure on the US electoral system is analyzed using the example of the state of Georgia and the activities of politician Stacey Abrams. The article describes Abrams’ strategy to create a network of NGOs that are focused on one mission - to arrange for the political shift of the state in the elections. These organizations circumvented existing laws, making the state of Georgia the record holder for electoral irregularities and lawsuits. The article shows that Abrams’ struggle with the electoral laws of her state is based on the political myth of the voter suppression of minorities. The author identifies a number of common characteristics of the new elite. The minority elite does not show any interest in social reconciliation and overcoming racial conflict, but rather makes efforts to incite the latter, to attract the government to its side and increase its role in establishing “social justice” through racial quotas and infringement of the rights of those social strata that it has appointed bearers of systematic racism in society. As the colored elite increases and the government’s role in resolving racial conflicts grows, the minority movement is gradually condemned, it ceases to be a true grassroots movement and turns into astroturfing.

An examination of six macroenvironment forces on globalization between 2006 and 2018

2021 ◽  
Vol 9 (3) ◽  
pp. 235-245
Author(s):  
AbdulHafiz Henry James AbdulHafiz ◽  
Talal Alsaif
Keyword(s):  
United States ◽  
Social Media ◽  
The United States ◽  
The State ◽  
Economic Class ◽  
Positive Effects ◽  
Nation States ◽  
The World ◽  
Key Events ◽  
Convergence Of Cultures

This study looks at the economic, political, environmental, cultural, technological, legal, and ethical macro-environmental forces which impact globalization Pre-2018.  Key events are examined as indicators of the state of globalization around the world.  The examination of globalization centers on these key events in the United States and Saudi Arabia.  The issues that rose out these events are used to interpret whether the state of globalization is influenced.  The issues of economic class, unemployment, CEO compensation, The Kyoto Protocol, the rise of social media, and Saudi Arabia’s joining the WTO are examined based on their influence on the state of globalization.  The study concludes that convergence of cultures, based on nation-states’ responses to the arbitrage of information in the areas of economies, politics, environment, law, culture, and ethics has is a real influence on the state of globalization.  The negative or positive effects of globalization are irrelevant in comparison to the actions taking by nation-states in response to key events.

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