Suits Against Foreign States

1931 ◽  
Vol 25 (1) ◽  
pp. 50-62 ◽  
Author(s):  
Jasper Y. Brinton

Under what circumstances is a state entitled to claim immunity from suit in the courts of another state? It is an old problem which assumes new importance in the face of the steadily enlarging scope of governmental commercial enterprise. Considerable difference of opinion has manifested itself. In England and the United States, where the principle of the immunity of the sovereign before the courts of its own state has long been firmly entrenched, there has been a decided reluctance to open the door to suits against foreign states, however commercial in character the controversy may be. On the Continent a more liberal tendency has long been making itself felt. On general principles, the subject would seem to be one to invite regulation by international agreement.

2019 ◽  
Vol 1 (54) ◽  
pp. 499
Author(s):  
Edilton MEIRELES

RESUMONeste trabalho tratamos do direito de manifestação em piquetes e da responsabilidade que possa advir desses atos em face da jurisprudência da Suprema Corte dos Estados Unidos da América. A partir da análise das principais decisões da Suprema Corte se pode concluir que, de modo geral, os participantes do piquete não respondem quando agem de forma não ilegal. Está sedimentado, no entanto, o entendimento de que o organizador do piquete responde pelos atos dos participantes. A pesquisa desenvolvida se justifica enquanto estudo comparativo e diante do pouco debate existente no Brasil a respeito do tema. Na pesquisa foi utilizado o método dedutivo, limitada à ciência dogmática do direito, com estudo de casos apreciados pelo judiciário. PALAVRAS-CHAVES: Responsabilidade; Piquete; Estados Unidos; Suprema Corte; Liberdade De Expressão. ABSTRACTIn this work we deal with the right of demonstration in pickets and the responsibility that may arise from these acts in the face of the jurisprudence of the Supreme Court of the United States of America. From the analysis of the Supreme Court's main decisions it can be concluded that, in general, the picket participants do not respond when they act in a non-illegal way. It is settled, however, the understanding that the picket organizer responds by the acts of the participants. The research developed is justified as a comparative study and in view of the little debate that exists in Brazil regarding the subject. In the research was used the deductive method, limited to the dogmatic science of law, with study of cases appreciated by the judiciary.KEYWORDS: Responsibility; Picket; United States; Supreme Court; Freedom Of Expression.


Author(s):  
Samuel Wex

Competing Goals in Formulating a Code of Conduct on Restrictive Business PracticesFor the past thirty years efforts to formulate and implement acceptable international norms to regulate restrictive business practices (R.B.P.’s) affecting international trade have largely failed. Yet, none can deny the necessity of such international norms in the face of the inability of national legal systems to cope with an economic order of international dimensions. The abortive International Trade Organization, as part of the Havana Charter of 1948, and the Draft E.C.O.S.O.C. International Agreement of 1953, which were originally initiated by the United States, were eventually rejected by it because “the various national policies, legislation, and enforcement procedures in this field were not sufficiently comparable.”


Author(s):  
Matthew Kroenig

This chapter introduces the subject of the book and summarizes its basic argument and structure. It explains that the United States of America has been the world’s leading state for the past seven decades, but that great power rivalry has returned in recent years with Russia and China becoming more assertive on the international stage. Indeed, many believe the days of U.S. global leadership are coming to an end in the face of challenges from its leading autocratic rivals. In contrast, this chapter argues that democracies have systematic advantages in international politics and that there is good reason to believe that the American era of international preeminence will endure.


2018 ◽  
Vol 4 (1) ◽  
pp. 1-19 ◽  
Author(s):  
Lilly Irani

This paper examines the emergence of “design thinking” as a form of technical expertise. It demonstrates that “design thinking” articulates a racialized understanding of labor, judgment, and the subject and attempts to maintain whiteness at the apex of global hierarchies of labor.“Design thinking” is a form of expertise that poses design not as form giving, but as a form of empathic reason by which executives can plan products, services, and accumulation. Silicon Valley, business schools, and reformers promote it as a form of caring technical expertise by which some guide futures for others. The paper will examine the history of the concept of “design thinking” – a category forged by Silicon Valley designers in the face of mounting competitive pressures on design professions in the United States in the mid-2000s. By drawing on artifacts, documents, public debates about the design profession from this period, I will demonstrate how champions of “design thinking” responded to expanded availability of design labor globally by figuring Asians and machines as the creative subject's Other.


2018 ◽  
Vol 4 (1) ◽  
pp. 1-19 ◽  
Author(s):  
Lilly Irani

This paper examines the emergence of “design thinking” as a form of technical expertise. It demonstrates that “design thinking” articulates a racialized understanding of labor, judgment, and the subject and attempts to maintain whiteness at the apex of global hierarchies of labor.“Design thinking” is a form of expertise that poses design not as form giving, but as a form of empathic reason by which executives can plan products, services, and accumulation. Silicon Valley, business schools, and reformers promote it as a form of caring technical expertise by which some guide futures for others. The paper will examine the history of the concept of “design thinking” – a category forged by Silicon Valley designers in the face of mounting competitive pressures on design professions in the United States in the mid-2000s. By drawing on artifacts, documents, public debates about the design profession from this period, I will demonstrate how champions of “design thinking” responded to expanded availability of design labor globally by figuring Asians and machines as the creative subject's Other.


2019 ◽  
Vol 35 (2) ◽  
pp. 255-281
Author(s):  
Sylvia Dümmer Scheel

El artículo analiza la diplomacia pública del gobierno de Lázaro Cárdenas centrándose en su opción por publicitar la pobreza nacional en el extranjero, especialmente en Estados Unidos. Se plantea que se trató de una estrategia inédita, que accedió a poner en riesgo el “prestigio nacional” con el fin de justificar ante la opinión pública estadounidense la necesidad de implementar las reformas contenidas en el Plan Sexenal. Aprovechando la inusual empatía hacia los pobres en tiempos del New Deal, se construyó una imagen específica de pobreza que fuera higiénica y redimible. Ésta, sin embargo, no generó consenso entre los mexicanos. This article analyzes the public diplomacy of the government of Lázaro Cárdenas, focusing on the administration’s decision to publicize the nation’s poverty internationally, especially in the United States. This study suggests that this was an unprecedented strategy, putting “national prestige” at risk in order to explain the importance of implementing the reforms contained in the Six Year Plan, in the face of public opinion in the United States. Taking advantage of the increased empathy felt towards the poor during the New Deal, a specific image of hygienic and redeemable poverty was constructed. However, this strategy did not generate agreement among Mexicans.


Author(s):  
Tony Smith

This chapter examines the United States' liberal democratic internationalism from George W. Bush to Barack Obama. It first considers the Bush administration's self-ordained mission to win the “global war on terrorism” by reconstructing the Middle East and Afghanistan before discussing the two time-honored notions of Wilsonianism espoused by Democrats to make sure that the United States remained the leader in world affairs: multilateralism and nation-building. It then explores the liberal agenda under Obama, whose first months in office seemed to herald a break with neoliberalism, and his apparent disinterest in the rhetoric of democratic peace theory, along with his discourse on the subject of an American “responsibility to protect” through the promotion of democracy abroad. The chapter also analyzes the Obama administration's economic globalization and concludes by comparing the liberal internationalism of Bush and Obama.


2019 ◽  
Vol 3 (11) ◽  
pp. 179
Author(s):  
Nazhan Hammoud Nassif Al Obeidi ◽  
Abdul Wahab Abdul Aziz Abu Khamra

The Gulf crisis 1990-1991 is one of the important historical events of the 1990s, which gave rise to the new world order by the sovereignty of the United States of America on this system. The Gulf crisis was an embodiment to clarify the features of this system. .     The crisis in the Gulf was an opportunity for the Moroccans to manage this complex event and to use it for the benefit of the Moroccan situation. Therefore, the bilateral position of the crisis came out as a rejection, a contradiction and a supporter of political and economic dimensions at the external and internal levels. On the Moroccan situation, and from these points came the choice of the subject of the study (the dimensions of the Moroccan position from the Gulf crisis 1990-1991), which shows the ingenuity of Moroccans in managing an external crisis and benefiting from it internally.


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