The Marcona Settlement: New Forms of Negotiation and Compensation for Nationalized Property

1977 ◽  
Vol 71 (3) ◽  
pp. 474-493 ◽  
Author(s):  
David A. Gantz

On September 22, 1976, the United States and the Government of Peru signed an agreement resolving the nationalization of the Marcona Mining Company’s Peruvian branch. The settlement, the intergovernmental negotiations leading up to it, and the expropriation itself are of more than passing interest. The settlement has been characterized by the U.S. Government as providing, when fully implemented, prompt, adequate, and effective compensation through a package—a combination of cash and long term sales relationship—which represents a relatively beneficial arrangement economically and politically for the Government of Peru. These arrangements were the more remarkable for having been concluded with a leading Third World country that has a long history of nationalization of foreign investment. In light of the frequency of expropriations of American-owned property abroad, and of the fact that in one or more ways such expropriations involve issues of the public interest as well as those of private U.S. companies, the Marcona settlement has implications for the handling of other investment disputes.

Author(s):  
Will Fowler

Antonio López de Santa Anna (b. Xalapa, February 21, 1794; d. Mexico City, June 21, 1876) was one of the most notorious military caudillos of 19th-century Mexico. He was involved in just about every major event of the early national period and served as president on six different occasions (1833–1835, 1839, 1841–1843, 1843–1844, 1846–1847, and 1853–1855). U.S. Minister Plenipotentiary Waddy Thompson during the 1840s would come to the conclusion that: “No history of his country for that period can be written without constant mention of his name.”1 For much of the 1820s to 1850s he proved immensely popular; the public celebrated him as “Liberator of Veracruz,” the “Founder of the Republic,” and the “Hero of Tampico” who repulsed a Spanish attempt to reconquer Mexico in 1829. Even though he lost his leg defending Veracruz from a French incursion in 1838, many still regarded him as the only general who would be able to save Mexico from the U.S. intervention of 1846–1848. However, Mexicans, eventually, would remember him more for his defeats than his victories. Having won the battle of the Alamo, he lost the battle of San Jacinto which resulted in Texas becoming independent from Mexico in 1836. Although he recovered from this setback, many subsequently blamed him for Mexico’s traumatic defeat in the U.S.-Mexican War, which ended with Mexico ceding half of its territory to the United States. His corruption paired with the fact that he aligned himself with competing factions at different junctures contributed to the accusation that he was an unprincipled opportunist. Moreover, because he authorized the sale of La Mesilla Valley to the United States (in present-day southern Arizona) in the 1853 Gadsden Purchase, he was labeled a vendepatrias (“fatherland-seller”). The repressive dictatorship he led donning the title of “His Serene Highness” in 1853–1855, also gave way to him being presented thereafter as a bloodthirsty tyrant, even though his previous terms in office were not dictatorial. Albeit feted as a national hero during much of his lifetime, historians have since depicted Santa Anna as a cynical turncoat, a ruthless dictator, and the traitor who lost the U.S.-Mexican War on purpose. However, recent scholarship has led to a significant revision of this interpretation. The aim of this article is to recast our understanding of Santa Anna and his legacy bearing in mind the latest findings. In the process it demonstrates how important it is to engage with the complexities of the multilayered regional and national contexts of the time in order to understand the politics of Independent Mexico.


1977 ◽  
Vol 5 (3) ◽  
pp. 347-358 ◽  
Author(s):  
Adolf Sprudzs

Among the many old and new actors on the international stage of nations the United States is one of the most active and most important. The U.S. is a member of most existing intergovernmental organizations, participates in hundreds upon hundreds of international conferences and meetings every year and, in conducting her bilateral and multilateral relations with the other members of the community of nations, contributes very substantially to the development of contemporary international law. The Government of the United States has a policy of promptly informing the public about developments in its relations with other countries through a number of documentary publication, issued by the Department of State


2019 ◽  
Vol 19 (4) ◽  
pp. 1-9 ◽  
Author(s):  
Carrie Helms Tippen ◽  
Heidi S. Hakimi-Hood ◽  
Amanda Milian

This article examines the history and movements of one collection of recipes in three “acts” or iterations in the nineteenth and twentieth centuries. Maria Eliza Ketelby Rundell's A New System of Domestic Cookery is published in London in 1806, and almost immediately, the book is pirated and printed in the United States. More than 100 years later, the same collection of recipes is reprinted by S. Thomas Bivins under the title The Southern Cookbook. The authors discuss the implications of the text's movements through the lens of book history and copyright law. Rundell sues her publisher, John Murray, for the right to control the publication of her recipes. Meanwhile, in the U.S., her book is continuously in print for decades, but Rundell receives no remuneration for it. Bivins, an African American merchant and principal of a training institute for black domestic workers, takes the recipes attributed to Rundell from the public domain for The Southern Cookbook. The authors conclude that this cookbook in three acts demonstrates how a history of the cookbook in general can challenge received understandings of authorship and textual ownership.


1983 ◽  
Vol 15 (2) ◽  
pp. 225-239 ◽  
Author(s):  
Habib Ladjevardi

At a time when the history of relations between the United States and the former Iranian regime (as well as other autocratic states) is being reconsidered, it is important to recognize that U.S. support for one-man rule in Iran did not commence in 1953 subsequent to the fall of the government of Dr. Mossadegh. A study of the diplomatic records of the U.S. State Department and the British Foreign Office indicates an earlier beginning.


1993 ◽  
Vol 14 (4) ◽  
pp. 571-592 ◽  
Author(s):  
Julie E. Kendall

Boiler plates, the chairman's message that begins each corporation's annual report, provide a reflection of the self-image of American big business. This paper uses the method of dramatism for discovering and interpreting corporate dramas inherent in the language of the boiler plates of the Dow Jones Industrials. The U.S. economy of the 1970s provides the dramatic setting, with the company as hero, the government as villain and public interest groups as minor players. The overriding corporate drama can be traced to the archetypal drama of pure competition. Understanding corporate dramas allows us to see how companies create a shared rhetorical vision to unify their shareholders with management and employees, label actions as good or evil, and influence the public by putting forward a positive corporate self-image.


2003 ◽  
Vol 33 (2) ◽  
pp. 315-329 ◽  
Author(s):  
John P. Geyman

The U.S. health care system is deteriorating in terms of decreasing access, increased costs, unacceptable quality, and poor system performance compared with health care systems in many other industrialized Western countries. Reform efforts to establish universal insurance coverage have been defeated on five occasions over the last century, largely through successful opposition by pro-market stakeholders in the status quo. Reform attempts have repeatedly been thwarted by myths perpetuated by stakeholders without regard for the public interest. Six myths are identified here and defused by evidence: (1) “Everyone gets care anyhow;” (2) “We don't ration care in the United States”; (3) “The free market can resolve our problems in health care”; (4) “The U.S. health care system is basically healthy, so incremental change will address its problems;” (5) “The United States has the best health care system in the world”; and (6) “National health insurance is so unfeasible for political reasons that it should not be given serious consideration as a policy alternative.” Incremental changes of the existing health care system have failed to resolve its underlying problems. Pressure is building again for system reform, which may become more feasible if a national debate can be focused on the public interest without distortion by myths and disinformation fueled by defending stakeholders.


2003 ◽  
Vol 12 (3) ◽  
pp. 242-246 ◽  
Author(s):  
RACHEL A. ANKENY

When I immigrated to Australia from the United States a few years ago, at first I found many similarities between the countries. But underneath the apparent similarities, notably a shared language, lay much deeper differences in history, politics, and culture that have considerable impacts on attitudes and approaches to issues in bioethics and medicine. For instance, debates continue regarding cloning and embryonic stem cell research, particularly given the long history of research in reproductive medicine and reproductive technologies in Australia. Although there are individuals and groups opposed to such research on grounds associated with pro-life or anti-abortion stances, the discussions more often hinge on what should be funded by the government and eventually what should be provided to all within the public system of healthcare. This theme is one common thread that unites many current controversies in bioethics, but perhaps not for the reasons that an outsider might at first expect. Indeed, allocation of limited resources is part of what is considered relevant, but money is rarely presented as the decisive issue in these debates. Instead, considerations such as what is medically necessary (based on a broad definition of what is medical), what contributes to a “good life” (as defined by what are increasingly heterogeneous community standards), and how to respect and enable fulfillment of autonomous decisions by individuals and families in this rapidly changing context are key to many of the disputes. This brief report is necessarily selective, but it is designed to give a flavor of the terms of the debates as they are currently developing.


Author(s):  
Kai Ambos

After a short introduction to the procedural history of the Lubanga case (infra I.) the paper analyzes, in its first substantive part (II.), the disclosure regime of the ICC with particular regard to the tension between disclosure and confidentiality as displayed in Lubanga. An interpretation of Article 54(3)(e) of the ICC Statute that pretends to be compatible with the Prosecutor's disclosure obligations (Article 67(2)) is offered. In the second part (III.), the law on disclosure/discovery in England and Wales and the United States is examined with a view to its possible contribution to an improvement of the ICC disclosure regime. This analysis confirms that the law of disclosure is of great complexity, not least because of the underlying tension between defense rights and opposing interests of public or private security. This tension cannot be solved by blanket rules but only on a case-by-case basis that strives for an appropriate balance between the public interest of an efficient prosecution of (international) crimes and the (disclosure) rights of the accused.


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