scholarly journals The Arafat Visa Affair: Exceeding The Bounds of Host State Discretion

1989 ◽  
Vol 83 (3) ◽  
pp. 519-527 ◽  
Author(s):  
W. Michael Reisman

Pacta sunt servandaThe U.S. refusal to permit Yasir Arafat, Chairman of the Palestine Liberation Organization, to attend the 43d annual meeting of the General Assembly in New York was almost universally condemned as a violation of international law. Because Arafat publicly complied, on December 14, 1988, with the conditions the United States had long prescribed as prerequisite for direct contacts with the PLO, many have tended retroactively to validate the refusal to grant the visa, as a pragmatic and legitimate technique of diplomatic suasion. Consequently, it is all the more urgent that the record of international legal violation be confirmed, lest the refusal be cited, in the idiosyncratic fashion of international law, as precedent for future violations. Such a development would hasten the deterioration of the regime of restraints on the discretion of host states and reduce the effectiveness of resident international organizations.

1994 ◽  
Vol 88 (4) ◽  
pp. 719-765 ◽  
Author(s):  
Marian Nash

On June 20, 1994, Ambassador Harriet C. Babbit, the U.S. Permanent Representative to the Organization of American States, deposited on behalf of the U.S. Government the instrument of ratification of the “Protocol of Washington,” adopted on December 14, 1992, by the Sixteenth Special Session of the General Assembly of the Organization of American States and signed by the United States on January 23, 1993, and the “Protocol of Managua,” adopted by the Nineteenth Special Session of the OAS General Assembly on June 10, 1993, and signed that day by the United States. The U.S. Senate had given its advice and consent to ratification of the Protocols on May 17, 1994, with two-thirds of the Senators present and concurring.


2020 ◽  
Vol 114 (2) ◽  
pp. 323-326

President Trump first announced his plans for increasing U.S. military capabilities in space in 2018. In August 2019, his administration created the United States Space Command. With the passage in December 2019 of the 2020 National Defense Authorization Act, the United States established the United States Space Force as a new branch of the armed forces. These developments do not directly implicate international law, but they reflect a growing divergence between the U.S. approach to space and that taken by the UN General Assembly.


Author(s):  
Karen Knop

The two starting points for this chapter are that fields of law are inventions, and that fields matter as analytical frames. All legal systems deal with foreign relations issues, but few have a field of “foreign relations law.” As the best-stocked cabinet of issues and ideas, U.S. foreign relations law would be likely to generate the field elsewhere in the process of comparison. But some scholars, particularly outside the United States, see the nationalist or sovereigntist strains of the U.S. field, and perhaps even just its use as a template, as demoting international law. The chapter begins by asking whether this apprehension can be alleviated by using international law or an existing comparative law field to inventory the foreign relations issues to be compared. Finding neither sufficient, it turns to the U.S. field as an initial frame and sketches three types of anxieties that the U.S. experience has raised or might raise for international law. The chapter concludes by suggesting how Campbell McLachlan’s allocative conception of foreign relations law might be adapted so as to turn such anxieties about international law into opportunities.


Author(s):  
Bradley Curtis A

International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional Founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.


1993 ◽  
Vol 87 (1) ◽  
pp. 103-111
Author(s):  
Marian Nash

On September 8, 1992, President George Bush transmitted to the Senate for advice and consent to ratification the United Nations Framework Convention on Climate Change, adopted at New York on May 9, 1992, by the Intergovernmental Negotiating Committee for a Framework Convention on Climate Change and signed on behalf of the United States at the United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro on June 12, 1992.


1995 ◽  
Vol 23 (1) ◽  
pp. 22-23
Author(s):  
Immanuel Wallerstein

Once upon a time, not so very long ago, the study of Africa in the United States was a very rare and obscure practice, engaged in almost exclusively by African-American (then called Negro) intellectuals. They published scholarly articles primarily in quite specialized journals, notably Phylon, and their books were never reviewed in the New York Times. As a matter of fact, at this time (that is, before 1945) there weren't even very many books written about African-Americans in the U.S., although the library acquisitions were not quite as rare as those for books about Africa.


Author(s):  
Howard G. Wilshire ◽  
Richard W. Hazlett ◽  
Jane E. Nielson

Since 1900, United States troops have fought in more foreign conflicts than any other nation on Earth. Most Americans supported those actions, believing that they would keep the scourge of war far from our homes. But the strategy seems to have failed—it certainly did not prevent terror attacks against the U.S. mainland. The savage Oklahoma City bombing in 1995 and the 11 September 2001 (9/11) attacks on New York and Washington, D.C. were not the first to inflict war damage in America’s 48 contiguous states, however—nor were they the first warlike actions to harm innocent citizens since the Civil War. Paradoxically, making war abroad has always required practicing warfare in our own back yards. Today’s large, mechanized military training exercises have degraded U.S. soils, water supplies, and wildlife habitats in the same ways that the real wars affected war-torn lands far away. The saddest fact of all is that the deadly components of some weapons in the U.S. arsenal never found use in foreign wars but have attacked U.S. citizens in their own homes and communities. The relatively egalitarian universal service of World War II left a whole generation of Americans with nostalgia and reverence for military service. Many of us, perhaps the majority, might argue that human and environmental sacrifices are the price we must be willing to pay to protect our interests and future security. A current political philosophy proposes that the United States must even start foreign wars to protect Americans and their homes. But Americans are not fully aware of all the past sacrifices—and what we don’t know can hurt us. Even decades-old impacts from military training still degrade land and contaminate air and water, particularly in the arid western states, and will continue to do so far into the future. Exploded and unexploded bombs, mines, and shells (“ordnance,” in military terms) and haphazard disposal sites still litter former training lands in western states. And large portions of the western United States remain playgrounds for war games, subject to large-scale, highly mechanized military operations for maintaining combat readiness and projecting American power abroad.


Worldview ◽  
1979 ◽  
Vol 22 (4) ◽  
pp. 17-22
Author(s):  
Francis X. Gannon

As President Carter prepared for his first official visit to Mexico in February, 1979, to discuss, among other things, U.S. access to its neighbor's new-found oil, the U.S. secretary of energy, James R. Schlesinger, warned that the security of the Western democracies could be completely undermined if instability became endemic in the Persian Gulf and the flow of oil to Europe, Japan, and the United States was sharply curtailed.There was considerable irony in this situation. As columnist James Reston observed in the New York Times, the president was not going to Mexico "to deal with the price of Mexican gas—though that is an immediate and divisive problem—but with the price of neglect.


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