The Status of the United States Forces in English Law

1944 ◽  
Vol 38 (1) ◽  
pp. 50-73
Author(s):  
Egon Schwelb

It is proposed to deal in this article with the English law concerning the legal status of the United States forces present in the territory of the United Kingdom of Great Britain and Northern Ireland during the present war. The history of, and the controversies regarding, the legal position of friendly armed forces on foreign territory in international law remain outside of the scope of the present survey, which is devoted to the municipal aspect of the matter. In order, however, to give a picture of the whole body of English law applicable to the American forces we shall include a few remarks on the development of the question in English municipal and British imperial law, and it will also be necessary to compare the provisions concerning the United States forces with those regulating the status of the other allied and associated forces at present stationed in the British Isles, as well as with the provisions regarding visiting Dominion troops. As will be seen later there has been a certain amount of interdependence between international and interimperial relations with regard to the legal problem with which we are concerned.

Author(s):  
Zoltan J. Acs

This chapter describes the system of opportunity creation in the United States, which has been a series of inventions and reinventions of the means by which opportunity has been provided. It begins with a historical background on efforts to suppress opportunity—or at least keep a monopoly hold on it—particularly in Britain. It then considers how opportunity has been embedded in American-style capitalism in two fundamental ways. The first is by equipping individuals with the skills they need to participate in capitalism; the second relates to the functioning of innovation and markets, and to the ability of new industries, firms, and jobs to challenge the status quo—namely, creative destruction. It also highlights the fundamental tension between wealth creation and maintaining economic opportunity. The chapter concludes with a discussion of the role played by schools and education reformers in the history of opportunity and opportunity creation in America.


Author(s):  
Mary Gilmartin ◽  
Patricia Burke Wood ◽  
Cian O’Callaghan

This chapter discusses the issue of belonging. It first focuses on citizenship, which is often described as formal belonging. While citizenship is regularly framed as ‘natural’ and ‘common sense’, it is argued that it is never fully stable or secure. This is shown in practice through the example of the United Kingdom and Ireland, specifically, how the Brexit vote has had knock-on consequences for how citizenship and belonging is being re-imagined in both places. This is contrasted with the practice of citizenship in the United States, where, despite effusive expressions of unity, articulations of belonging have a deep history of division and exclusion. It considers both the barriers to formal belonging experienced by undocumented residents of the United States and the ways in which citizens themselves struggle to achieve inclusion and equality in the face of increasingly explicit intolerance.


1997 ◽  
Vol 46 (2) ◽  
pp. 378-390 ◽  
Author(s):  
Vaughan Lowe

The history of clashes over extraterritorial jurisdiction between the United States of America and other States in the Americas, Europe and elsewhere is a long one. That history is commonly traced back to the antitrust claims arising from the Alcoa case in 1945, in which the “effects” doctrine was advanced in the peculiar and objectionable form in which it is applied, not simply to acts which constitute elements of a single offence but which occur in different jurisdictions but, rather, to the economic repercussions of acts in one State which are felt in another. The conflict persisted into the 1950s, with the clashes over US regulation of the international shipping and paper industries. In the 1960s and 1970s there were further clashes in relation to the extraterritorial application of US competition laws, notably in disputes over shipping regulation and the notorious Uranium Antitrust litigation, in which US laws were applied to penalise the extraterritorial conduct of non-US companies, conducted with the approval of their national governments, at a time when those companies were barred by US law from trading in the United States. It was that litigation which was in large measure responsible for the adoption in the United Kingdom of the Protection of Trading Interests Act 1980, which significantly extended the powers which the British government had asserted in the 1952 Shipping Contracts and Commercial Documents Act to defend British interests against US extraterritorial claims.


Author(s):  
Игорь Ирхин ◽  
Igor Irkhin

This monograph comprehensively examines the constitutional and legal status of territories with a special status within the Federal States in the context of the Institute of territorial autonomy. The study is based on the experience of constitutional and legal regulation of the status of Autonomous districts in the "composite subjects" of the Russian Federation, administrative-territorial units with a special status in the constituent entities of the Russian Federation, Autonomous districts in India, Nunavut territory in Canada, unincorporated territories of the United States This monograph is one of the first works in the domestic jurisprudence, in which the study was conducted from the perspective of territorial autonomy. The publication is intended for researchers, postgraduates and students, all readers interested in constitutional (public) law, theory of state and law.


1973 ◽  
Vol 67 (1) ◽  
pp. 44-62 ◽  
Author(s):  
Günther Doeker ◽  
Klaus Melsheimer ◽  
Dieter Schröder

The present legal status of Berlin after the conclusion on September 3, 1971 of the Quadripartite Agreement between France, the Soviet Union, the United Kingdom, and the United States can only be understood in terms of its own historical development and the context of the international politics of the 1960s. Although any legal and political analysis of divided Germany and Berlin must take into account a period of history dating back to the 1940s, it is assumed here that the essential facts are sufficiently well known to serve as a background for the following analysis.


2020 ◽  
Author(s):  
Aaron Berliner ◽  
Jake Hecla ◽  
Michael Bondin ◽  
Austin Mullen ◽  
Kelsey Amundson ◽  
...  

On February 1, 2019, the United States and Russia withdrew from the three-decades old Intermediate-Range Nuclear Forces (INF) treaty. Events precipitating the withdrawal were allegations by both the United States and Russia of a variety of treaty violations. Until that point, the treaty had been a centerpiece of arms control and a key agreement of the global security architecture. The absence of such a pillar has the potential destabilize the status quo of arms control, creating significant uncertainty in global nuclear stability and security. In this paper, we present a historical review as overture to an analysis on the impacts of this development on force structure. This analysis examines the changes in U.S., Russian, and Chinese nuclear forces which may occur as a result of the treaty's demise. The article concludes with commentary on potential actions to preserve stability in a post-INF world.


Sign in / Sign up

Export Citation Format

Share Document