scholarly journals Litigating for the Homeland: An Indian Treaty Framework to Climate Litigation in the Wake of Juliana

Author(s):  
Evan Neustater

Climate change is an increasingly pressing issue on the world stage. The federal government, however, has largely declined to address any problems stemming from the effects of climate change, and litigation attempting to force the federal government to take action, as highlighted by Juliana v. United States, has largely failed. This Note presents the case for a class of plaintiffs more likely to succeed than youth plaintiffs in Juliana—federally recognized Indian tribes. Treaties between the United States and Indian nations are independent substantive sources of law that create enforceable obligations on the federal government. The United States maintains a trust relationship with federal Indian tribes, and that relationship obliges a duty of protection upon the federal government. This Note argues that those obligations may support climate change claims under the theory that the government, by failing to address climate change, has failed its duty of protection under its treaties.

1914 ◽  
Vol 8 (1) ◽  
pp. 73-80
Author(s):  
Nelson Gammans

“The only government of this country, which other nations recognize or treat with, is the Government of the Union; and the only American flag known throughout the world is the flag of the United States.” The Government of the Union, as the only internationally recognized agent of the state, bears the responsibility for any violations of the rights which it owes to aliens, whether these rights are the result of treaty obligations or of international law.


1917 ◽  
Vol 85 (17) ◽  
pp. 455-456

The following is the text of the resolutions which officially entered the United States into the world war:— “Whereas the imperial German government has committed repeated acts of war against the government and the people of the United States of America; therefore be it “Resolved by the Senate and House of Representatives of the United States of America in congress assembled, that the state of war between the United States and the imperial German government, which has thus been thrust upon the United States, is hereby formally declared; and that the President be and he is hereby authorized and directed to employ the entire naval and military forces of the United States and the resources of the government to carry on war against the imperial German government; and to bring the conflict to a successful termination all of the resources of the country are hereby pledged by the Congress of the United States.”


2019 ◽  
Vol 21 (1) ◽  
pp. 70
Author(s):  
Haekal - Siraj

 The 2015 Paris Agreement requires all participating countries to reduce emisson level. Indonesia as Non-Annex I accepted the norms of the 2015 Paris Agreement by ratifying this agreement. Meanwhile, Indonesia's emissions level continues to increase due to the rate of deforestation and forest degradation in Indonesia which ranks highest in the world. This study aims to analyze Indonesian policy in ratifying the agreement by using the Constructivism Perspective in explaining the International Regime and the Concept of Norm Influence by Finnemore and Sikkink. The study uses qualitative methods with explanatory designs. Data collection techniques are sourced from secondary sources as well as data analysis techniques carried out by reduction, presentation, and drawing conclusions as well as verification. This study found that the United States as a hegemonic state acting as the norm entrepreneurs by granting climate change financial assistance of $500 million through the GCF for Indonesia as a developing country was a condition affecting Indonesia in ratifying the agreement. Keywords: Indonesia, ratify, 2015 Paris Agreement, norm, climate change.


Author(s):  
W. W. Rostow

I have tried in this book to summarize where the world economy has come from in the past three centuries and to set out the core of the agenda that lies before us as we face the century ahead. This century, for the first time since the mid-18th century, will come to be dominated by stagnant or falling populations. The conclusions at which I have arrived can usefully be divided in two parts: one relates to what can be called the political economy of the 21st century; the other relates to the links between the problem of the United States playing steadily the role of critical margin on the world scene and moving at home toward a solution to the multiple facets of the urban problem. As for the political economy of the 21st century, the following points relate both to U.S. domestic policy and U.S. policy within the OECD, APEC, OAS, and other relevant international organizations. There is a good chance that the economic rise of China and Asia as well as Latin America, plus the convergence of economic stagnation and population increase in Africa, will raise for a time the relative prices of food and industrial materials, as well as lead to an increase in expen ditures in support of the environment. This should occur in the early part of the next century, If corrective action is taken in the private markets and the political process, these strains on the supply side should diminish with the passage of time, the advance of science and innovation, and the progressively reduced rate of population increase. The government, the universities, the private sector, and the professions might soon place on their common agenda the delicate balance of maintaining full employment with stagnant or falling populations. The existing literature, which largely stems from the 1930s, is quite illuminating but inadequate. And the experience with stagnant or falling population in the the world economy during post-Industrial Revolution times is extremely limited. This is a subject best approached in the United States on a bipartisan basis, abroad as an international problem. It is much too serious to be dealt with, as it is at present, as a domestic political football.


Author(s):  
Andrew J. Falk

Americans in and out of government have relied on media and popular culture to construct the national identity, frame debates on military interventions, communicate core values abroad, and motivate citizens around the world to act in prescribed ways. During the late 19th century, as the United States emerged as a world power and expanded overseas, Americans adopted an ethos of worldliness in their everyday lives, even as some expressed worry about the nation’s position on war and peace. During the interwar period of the 1920s and 1930s, though America failed to join the League of Nations and retreated from foreign engagements, the nation also increased cultural interactions with the rest of the world through the export of motion pictures, music, consumer products, food, fashion, and sports. The policies and character of the Second World War were in part shaped by propaganda that evolved from earlier information campaigns. As the United States confronted communism during the Cold War, the government sanitized its cultural weapons to win the hearts and minds of Americans, allies, enemies, and nonaligned nations. But some cultural producers dissented from America’s “containment policy,” refashioned popular media for global audiences, and sparked a change in Washington’s cultural-diplomacy programs. An examination of popular culture also shows how people in the “Third World” deftly used the media to encourage superpower action. In the 21st century, activists and revolutionaries can be considered the inheritors of this tradition because they use social media to promote their political agendas. In short, understanding the roles popular culture played as America engaged the world greatly expands our understanding of modern American foreign relations.


2020 ◽  
pp. 147892992097352
Author(s):  
Aly Hiko ◽  
Austin Horng-En Wang

Early studies show that the COVID-19 pandemic causes the rally-around-the-flag effect and increases the level of nationalism among the voters after the outbreak. However, how long does this boost last? Voters may cognitively withdraw their identification to the beloved country if the pandemic is rampant in where they live as well as when the government fails to address it thoroughly. We conducted a pre-registered MTurk experiment (n = 606) on 20 April 2020, in the United States—3 months after the first confirmed case and weeks after the large-scale lockdown. Results show that US subjects who were primed of the COVID-19 in the United States significantly decreased their level of nationalism, especially among Democrats. In contrast, the priming of “COVID-19 in the world” has no effect. The negative impact of COVID-19 on nationalism could be explained by enough time as people could observe and evaluate the government’s performance after the outbreak through the partisan lens.


1946 ◽  
Vol 40 (4) ◽  
pp. 720-736 ◽  
Author(s):  
Lawrence Preuss

It has been remarked that the Government of the United States “seldom loses an opportunity to profess its loyalty to international arbitration in the abstract. … The expression of this sentiment has become so conventional that a popular impression prevails that it accords with the actual policy of the United States.” This ambivalent attitude is nowhere more clearly illustrated than in a memorandum addressed by Mr. John Foster Dulles on July 10, 1946, to the Senate Committee on Foreign Relations. “The United States, since its formation,” Mr. Dulles states, “has led in promoting a reign of law and justice as between nations. In order to continue that leadership, we should now accept the jurisdiction of the International Court of Justice. If the United States, which has the material power to impose its will widely in the world, agrees instead to submit to the impartial adjudication of its legal controversies, that will inaugurate a new and profoundly significant international advance.” Although the initial step of accepting the compulsory jurisdiction of the Court would in itself be “of profound moral significance,” it would, Mr. Dulles continues, “assume greatly increased practical significance” only when “limiting factors” have been removed, for the “path is as yet so untried that it would be reckless to proceed precipitately,” the Court “has yet to win the confidence of the world community,” and “international law has not yet developed the scope and definiteness necessary to permit international disputes generally to be resolved by judicial rather than political tests.”


Prospects ◽  
1997 ◽  
Vol 22 ◽  
pp. 35-67
Author(s):  
Paul E. Chevedden

The story of millennialism extends down the ages from the ancient Near East to the present. In his seminal study on the origins of millennialism,Cosmos, Chaos and the World to Come: The Ancient Roots of Apocalyptic Faith, Norman Cohn exclaims, “What a story it has become!”Much theological speculation; innumerable millenarian movements, including those now flourishing so vigorously in the United States; even the appeal once exercised by Marxist-Leninist ideology – all this belongs to it. Nor is there any reason to think that the story is nearing its end. The tradition whose origins are studied in this book is still alive and potent. Who can tell what fantasies, religious or secular, it may generate in the unforseeable future?What fantasies, indeed!All scholars who have studied millennialism have investigated unsuccessful movements, or movements that have yet to succeed, that is, achieve the millennium. This essay explores a successful millennial movement, one that has already ushered in the messianic age. Although this achievement is restricted geographically — to a city — it is nonetheless of major significance. Not only did this millennial movement receive support from the U.S. federal government, but it also accomplished its goal prior to the turn of the millennium.


2003 ◽  
Author(s):  
William Pizer ◽  
Dallas Burtraw ◽  
Winston Harrington ◽  
Richard Newell ◽  
James Sanchirico ◽  
...  

Author(s):  
Patrick J. Reville ◽  
William A. Bottiglieri

The Commerce Clause of the United States Constitution gave the federal government power over foreign trade, trade with the Indian tribes and trade “among several states.”  By lack of further enumeration and the passage of the Tenth Amendment to the Constitution, it would be reasonable to conclude that commerce that is truly intrastate would, therefore, be within the regulatory province of the states.  In fact, that was the interpretation initially reached and subsequently followed by the United States Supreme Court.  But in 1942, that changed and, over the course of the following 60+ years, to date the Court has concluded, by an expansive interpretation of that federal power granted, that Congress and the federal government have virtually unbridled power to regulate not only those areas that would traditionally be considered “commerce” or “interstate commerce”, but, moreover, in areas that seemingly have nothing to do with commerce, interstate, or otherwise.  This paper will trace the journey that the justices have taken down this judicial interstate highway and the methods that the federal government has employed to achieve its objectives.  Hence, the subtitle of this paper:  From Expansion to Extortion.


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