scholarly journals Theory of Freedom’s Zhuang Zhi: The Perspective of Limitation of Executive Power

2019 ◽  
Vol 35 (3) ◽  
Author(s):  
Pham Quang Huy
Keyword(s):  
New York ◽  
Rule Of Law ◽  
United States Of America ◽  
The United States ◽  
Executive Power ◽  
Western World ◽  
The Rule Of Law ◽  
Department Of State ◽  
Information Program ◽  
The World

On the basis of the presentation, analyzing the free doctrine of Zhuang Zhi, the author explains the origin and the rationale for this doctrine as well as the nature of Zhuang Zhi's free philosophy. At the same time, the author also refers to the philosophy of freedom with the doctrine of the rule of law, especially the content of executive limitation to freedom. Keywords: Theory of freedom, Zhuang Zhi, the rule of law. References: [1] Thu Giang, Nguyễn Duy Cần, Cái cười của thánh nhân của, NXB Thanh Niên, Hà Nội, 1999 trang 12.[2] Tư Mã Thiên, Phan Ngọc dịch, Sử Ký Tư¬ Mã Thiên, NXB Văn học, Hà Nội, 2001, trang 301.[3] Trang Tử, “Mộng hồ điệp”, dẫn theo Thu Giang Nguyễn Duy Cần, Sđd, trang 71.[4] Sử Ký Tư Mã Thiên, Sđd, trang 301.[5] Sử Ký Tư Mã Thiên, Sđd, trang 299.[6] Hồ Thích, Nguyễn Văn Dương dịch, Đại cương triết học sử Trung Quốc, NXB Thanh Niên, 1999, trang 105.[7] Thu Giang Nguyễn Duy Cần dịch Lão Tử Đạo Đức Kinh, Thanh Niên, 1999, trang 283.[8] Đại cương triết học sử Trung Quốc, sđd, tr 117.[9] Trang Tử Nam Hoa Kinh, sđd, tr 98 - 100.[10] Cao Xuân Huy, Triết học Phương Đông gợi những điểm nhìn tham chiếu, NXB Văn học, 1995 tr 494. [11] Nguyễn Đăng Dung, Sự hạn chế quyền lực nhà nước, NXB Đại học Quốc gia. 2005,[12] Lê Đình Chân, Luật Hiến pháp và các định chế chính trị, Đại học Luật khoa Sài Gòn, Sài Gòn, 1974, tr265.[13] J. Herbert Muller, Freedom in Western World: From the Dark Ages to the Rise of Democracy, Harper Colophon Books, New York, London, 1963, p275.[14] The Constitution of the United States of America with Explanatory Notes, adapted from The World Book Encyclopedia, International Information Program, Department of State of the U.S, 2004, pg73[15] Trang Tử Nam Hoa Kinh, sđd, tr 59., truy cập ngày 18/12/2018.

scholarly journals Obama's National Security Exceptionalism

2017 ◽  
Author(s):  
Sudha N. Setty
Keyword(s):  
United States ◽  
National Security ◽  
Rule Of Law ◽  
The United States ◽  
International Norms ◽  
Global Community ◽  
The Rule Of Law ◽  
War Criminals ◽  
The World ◽  
International Obligations

Published: Sudha Setty, Obama's National Security Exceptionalism, 91 CHI.-KENT L. REV. 91 (2016).This Article discusses how continued national security exceptionalism engenders a view of the United States as considering itself to be above international obligations to investigate and prosecute torturers and war criminals, and the view by the global community that the United States is willing to apply one standard for itself, and another for the rest of the world. Exceptionalism not only poses real challenges in terms of law, morality, and building useful relationships with allied nations, but acts as a step backward for the creation of enforceable international norms and standards, and in efforts to restore a balance in the rule of law when it comes to national security matters.

The Psychosis of Permanent War

2014 ◽  
Vol 44 (1) ◽  
pp. 42-51
Author(s):  
Chris Hedges
Keyword(s):  
United States ◽  
New York ◽  
Human Rights ◽  
International Law ◽  
Rule Of Law ◽  
New York Times ◽  
The United States ◽  
Pulitzer Prize ◽  
Jewish State ◽  
The Rule Of Law

In this no-holds-barred essay, former New York Times Middle East correspondent and Pulitzer Prize–winning journalist Chris Hedges examines how the United States’ staunch support provides Israel with impunity to visit mayhem on a population which it subjugates and holds captive. Notwithstanding occasional and momentary criticism, the official U.S. cheerleading stance is not only an embarrassing spectacle, Hedges argues, it is also a violation of international law, and an illustration of the disfiguring and poisonous effect of the psychosis of permanent war characteristic of both countries. The author goes on to conclude that the reality of its actions against the Palestinians, both current and historical, exposes the fiction that Israel stands for the rule of law and human rights, and gives the lie to the myth of the Jewish state and that of its sponsor, the United States.

Emergency, Liberalism, and the State

2011 ◽  
Vol 9 (1) ◽  
pp. 69-78 ◽  
Author(s):  
David Dyzenhaus
Keyword(s):  
New York ◽  
United States Of America ◽  
The United States ◽  
Fundamental Question ◽  
Executive Power ◽  
Liberal Democracies ◽  
Cambridge University ◽  
States Of Emergency ◽  
Princeton University ◽  
Johns Hopkins University

Outside the Law: Emergency and Executive Power. By Clement Fatovic. Baltimore: Johns Hopkins University Press, 2009. 368p. $55.00.Emergency Politics: Paradox, Law, Democracy. By Bonnie Honig. Princeton: Princeton University Press, 2009. 218p. $26.95.States of Emergency in Liberal Democracies. By Nomi Claire Lazar. New York: Cambridge University Press, 2009. 190p. $80.00.In the wake of 9/11, many political scientists and theorists in the United States of America turned their attention to the topic of emergencies. That required them to confront a fundamental question: Are emergencies to be studied as important in their own right, as altogether exceptional events that threaten the very existence of a society in unforeseeable ways? Or are they important, not because they are radically distinct from the normal situation of politics, but because they bring to the surface otherwise implicit aspects of normal politics?

scholarly journals Introduction: Pluralism, Contestation, and the Rule of Law

2021 ◽  
Vol 30 (4) ◽  
Author(s):  
Keith Cherry
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
The United States ◽  
The European Union ◽  
Colonial State ◽  
The Rule Of Law ◽  
Indigenous Nations ◽  
The World ◽  
The Face ◽  
Democratic Election

Around the world, the current political conjuncture is one of profound challenges for constitutionalism and the rule of law. In the United States, the executive has willfully engaged in a prolonged attempt to weaponize the machinery of the state and radicalize public opinion in order to undermine a democratic election. In the European Union, the increasingly authoritarian relationship between the executive and the judiciary in Poland and Hungary is posing the most profound threat to European constitutionalism in decades. In Hong Kong, the Chinese state is actively seeking to undermine legislative and judicial independence in the face of unprecedented pro-democracy mobilizations. In India, Lebanon, Bolivia, and elsewhere mass mobilizations are challenging, and being suppressed in the name of, the rule of law. Here in Canada, the Wet’suwet’en and their supporters, as well as the Tsleil Waututh, Haudenosaunee, L’nu (Mi’kmaq), Inuit, and members of countless other Indigenous nations are contesting the very nature of the rule of law, as they assert Indigenous laws against the law enforcement of the colonial state. Around the world, the use of emergency powers in response to the COVID-19 pandemic is also raising profound constitutional concerns.

scholarly journals Piano-bar: Short story by a Haitian

1984 ◽  
Vol 13 (3) ◽  
pp. 22-23
Author(s):  
Liliane Dévieux
Keyword(s):  
New York ◽  
Human Rights ◽  
Short Story ◽  
Rule Of Law ◽  
Public Libraries ◽  
Western World ◽  
Security Forces ◽  
The Rule Of Law ◽  
Set Up

Haiti is the poorest country in the Western world. The average yearly wage is 300 US dollars. Its resources, human and material, have been squandered by the brutal Duvalier dynasty that has ruled since 1957. Francois ‘Papa Doc’ Duvalier ignored the rule of law and set up his own security forces (among them the infamous Ton-Ton Macoutes) to silence all opposition. Torture, arbitrary arrests and expulsions, and long periods of detention without charge became commonplace. Vicious abuse of human rights continued when his son, ‘Baby Doc’, took over in 1971 and proclaimed himself president-for-life. Since then there have been successive waves of attacks not only on political opponents, but also lawyers, intellectuals, and journalists. In addition, writers in Haiti have to contend with 85–90% illiteracy, a complete lack of publishing possibilities, and virtually no public libraries. The majority of them have joined the exodus of Haitians seeking a living abroad, which has taken 300,000 to New York (and made it the second largest ‘Haitian’ city) and some 30,000 to Montreal, where Liliane Dévieux, the author of this short story, has lived since the mid-1970s.

The United States-Bulgarian Claims Agreement of 1963

1964 ◽  
Vol 58 (3) ◽  
pp. 686-706 ◽  
Author(s):  
Richard B. Lillich
Keyword(s):  
United States ◽  
Rule Of Law ◽  
The United States ◽  
The Rule Of Law ◽  
Department Of State ◽  
Lump Sum ◽  
Concrete Experience

After two and one-half years of negotiation, an agreement settling claims of the United States against Bulgaria was signed at Sofia on July 2, 1963. Under its terms Bulgaria will pay a lump sum of $3,543,398 in settlement of the claims of United States nationals arising out of war damage, nationalization of property and certain financial debts. Together with the Rumanian lump-sum settlement of 1960, which it closely parallels, the Bulgarian agreement constitutes a unique development in postwar international claims practice, for it follows rather than precedes a unilateral adjudication of the claims by the Foreign Claims Settlement Commission, a United States national claims commission acting pursuant to domestic claims legislation. Avoiding some of the problems of its predecessor, so ably considered in an article by a former Department of State attorney, the present agreement “merits analysis, not only for the benefit of private claimants involved, but also for a general understanding of technical, concrete experience in settling international disputes in a day when the chief talk revolves about grandiose schemes of the rule of law.”

Terorisme: Perspektif Barat dan Islam

2017 ◽  
Vol 2 (2) ◽  
pp. 31-38
Author(s):  
Mohd. Hefzan ◽  
Fitria Fitria
Keyword(s):  
United States ◽  
New York ◽  
World Trade ◽  
World Trade Center ◽  
The United States ◽  
September 11 ◽  
Western World ◽  
The West ◽  
The World ◽  
Trade Center

The issue of terrorism has tapped the border of human civilization. The West has a viewon terrorism following their own perceptions. Now the Western world is afraid of theirown shadows after the entry into force of the events of September 11, 2001 which haveembodied the World Trade Center (WTC) in New York. This black event has reallyshocked the Western world which so far they are proud that the United States is thegreat power of the world, has now been attacked so extreme. The problem that arisesnow in the Islamic world is that the West has misinterpreted what is said to be jihad.The enemy of Islam has labeled terrorism as a jihad in Islam, this is how the West triesto put Islam as a ferocious religion. The term jihad is what terrorism says for the West.In Islamic teachings jihad cases are something that is highly demanded and has nodirect connection with terrorism activities.

The Second SWIFT Agreement Between the European Union and the United States of America — An Overview

2010 ◽  
Vol 11 (10) ◽  
pp. 1173-1190 ◽  
Author(s):  
Valentin Pfisterer
Keyword(s):  
United States ◽  
New York ◽  
New York City ◽  
United States Of America ◽  
World Trade Center ◽  
The United States ◽  
The European Union ◽  
The World ◽  
September 11 Attacks ◽  
Trade Center

The United States and other nations have taken numerous military, police and intelligence measures in order to counter terrorists’ threats in response to the September 11 attacks on the World Trade Center in New York City and the Pentagon in Virginia as well as the attempted attack on a target in Washington, D. C.

Why the Growing Concern About Corruption?

2017 ◽  
Author(s):  
Fritz Heimann ◽  
Mark Pieth
Keyword(s):  
Rule Of Law ◽  
The United States ◽  
Government Officials ◽  
Quarter Century ◽  
Counterfeit Goods ◽  
The Rule Of Law ◽  
The Past ◽  
The World ◽  
Access To Water ◽  
Different Parts

The need for action to combat corruption is paramount. Corruption undermines democratic institutions and the rule of law. This chapter describes the escalating public demand for action against corruption, including in China, Korea, India, South Africa, Nigeria, Brazil, France, Italy, Mexico, and the United States. Corruption hurts all parts of society but its most devastating effect is on the poor who are widely extorted by government officials to pay for public services that should be freely available such as admissions to clinics and schools, and access to water and electricity. Corrupt interests have taken over failed states in different parts of the world and utilize them as bases for illicit activities including drug trafficking, prostitution, and smuggling of counterfeit goods. Anticorruption programs started in the past quarter century have laid a solid basis for making progress. Perseverance and redoubled efforts are required. Failure to confront corruption would be totally irresponsible.

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