scholarly journals National security of Mexico and USA. Between pride and ineffectivness

2021 ◽  
Vol 9 (1) ◽  
pp. 19-31
Author(s):  
Víctor Hugo Ramírez Lavalle
Keyword(s):  
National Security ◽  
The United States ◽  
Legal Framework ◽  
Northern Region ◽  
Point Of View ◽  
Special Focus ◽  
White House ◽  
Clear Vision ◽  
Comprehensive Development ◽  
The Government

This article pays special attention to the genesis of relations and documents in the field of national security, which determine the relationship between Mexico and the United States, examines its framework and results, as well as the concept and constitutional foundations of national security and defense of Mexico.In this conceptual framework, it is noteworthy that in March 2021 the American delegation, headed by Roberta Jacobson, the former US Ambassador to Mexico, the White House Border Coordinator, arrived in Mexico. Both delegations announced that the talks would focus on ensuring orderly, safe and legal migration in the region and progress in implementing the Comprehensive Development Plan for the Northern Region of Central America, but in fact, the main subject of talks would was US national security. In other words, the regulation of migration flows from Mexico and the countries of the so-called Northern Triangle (Guatemala, Honduras and El Salvador).The topics mentioned above are not new on the US-Mexico bilateral agenda, and in this regard, the government of President Biden seems to revise Donald Trump’s policy on migration, with a special focus on national security, using less aggressive rhetoric, without threats to continue the construction of the border wall, but, in turn, more rigid from a political point of view. In view of the above, it appeared appropriate to present the legal framework, set out primarily in the constitution, on which Mexico relies and which allows it to properly negotiate and at the same time have a clear vision on the current state of national security between the two countries.

Trade Remedies and Relief from Foreign Competition

2020 ◽  
pp. 174-208
Author(s):  
Douglas A. Irwin
Keyword(s):  
National Security ◽  
The United States ◽  
Legal Framework ◽  
Foreign Competition ◽  
Escape Clause ◽  
Temporary Relief ◽  
Antidumping Law ◽  
The Government ◽  
Definition Of ◽  
Trade Remedies

This chapter describes the legal framework that allows firms to petition the government for the imposition of tariffs on competing imports. It introduces the antidumping law as the most commonly used measure to block unfair imports. It talks about the government's definition of “dumping” as a lower price charged in the United States than in a foreign exporter's home market. The chapter also examines the case for providing domestic industries with temporary relief from imports so that they can adjust to foreign competition, including the recently revived “national security” rationale for limiting imports. It looks at countervailing duties, which address foreign subsidies and escape clause, and provide industries with temporary relief from imports without the claim of unfairness.

Mitigation and Adaptation through Environmental Impact Assessment Litigation: Rethinking the Prospect of Climate Change Litigation in China

2021 ◽  
pp. 1-27
Author(s):  
Xiangbai He
Keyword(s):  
Climate Change ◽  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Legal Framework ◽  
Special Focus ◽  
Mitigation And Adaptation ◽  
Regulatory Effects ◽  
The Government ◽  
Legal Barriers

Abstract There are two general pathways towards climate change litigation in China: tort-based litigation to hold carbon emitters accountable in civil law, and administrative litigation against the government to demand better climate regulation. While the first pathway is gaining momentum among Chinese scholars, this article argues that legal barriers to applying tort-based rules to climate change should be fairly acknowledged. The article argues that China's legal framework for environmental impact assessment (EIA) provides more openness and flexibility for the resolution of climate change disputes. Therefore, EIA-based climate lawsuits, which challenge environmental authorities for not adequately taking climate change factors into account in decision-making processes, encounter relatively fewer legal barriers, require less radical legal or institutional reform, and have greater potential to maintain existing legal orders. The regulatory effects produced by EIA-based litigation suggest that the scholarship on climate change litigation in China should take such litigation seriously because it could influence both governments and emitters in undertaking more proactive efforts. This China-based study, with a special focus on judicial practice in the largest developing country, will shine a light on China's contribution to transnational climate litigation.

Violation of Treaties by Adverse National Action

1918 ◽  
Vol 12 (1) ◽  
pp. 96-126 ◽  
Author(s):  
Denys P. Myers
Keyword(s):  
United States ◽  
International Relations ◽  
The United States ◽  
Point Of View ◽  
Bad Faith ◽  
Practical Point ◽  
Adverse Action ◽  
Vital Interest ◽  
The Government ◽  
Political Character

The shade of distinction sought to be shown by the title of this paper may require explanation. Imperfect wording involves either carelessness or ignorance; bad faith indicates dishonesty; nonexecution or disregard implies laxness in the government, if not carelessness; adverse or hostile municipal or judicial action connotes lack of coordination between the internal and external affairs of the State. It follows that such adverse action may be considered from a practical point of view as almost a normal kind of violence against international contracts. It is not to be excused on that account, but it may be considered as a frictional incident almost inseparable under some conditions from the existence of a State. Given either a government of definitely separated elements, such as the United States, or a government without much stability, or a State founded on a type of civilization different from the European order, and this sort of violation of treaty may be forecasted with certainty. Fortunately, however, the instances that cause contractual friction of this sort are of the grosser kinds of personal violence, or are commercial; they are not of a political character, cannot be said to involve policy, and only by a stretch of the imagination involve the tweedledum and tweedledee of international relations, “national honor and vital interest.” They are consequently extremely susceptible to simple and orderly solution.

Cold War diplomacy

2016 ◽  
Author(s):  
Beverley Hooper
Keyword(s):  
Cold War ◽  
National Security ◽  
The United States ◽  
Arab Countries ◽  
The Us ◽  
The World ◽  
Communist China ◽  
The Government ◽  
The Cold War ◽  
Foreign Ministries

From the early 1970s, the US-China relationship was central to diplomatic reporting, with National Security Advisor Henry Kissinger’s visit to Peking in October 1971, President Nixon’s historic visit in February 1972, and the establishment the following year of small liaison offices in Peking and Washington. Following each of Kissinger’s further visits in 1973 and 1974, senior diplomats virtually queued up at the liaison office to find out what progress, if any, had been made towards the normalization of US-China relations. Peking’s diplomats, like some of their colleagues elsewhere in the world, did not always see eye-to-eye with their foreign ministries. There was little chance of their becoming overly attached to Communist China, as the Japanologists and Arabists were sometimes accused of doing for Japan and Arab countries. At the same time, living and breathing the PRC led some diplomats to regard Chinese Communism as being rather more nuanced—and the government somewhat less belligerent—than the Cold War images portrayed in the West, particularly the United States.

24. The War in Iraq

2020 ◽  
pp. 587-611
Author(s):  
John W. Young ◽  
John Kent
Keyword(s):  
United States ◽  
National Security ◽  
Operation Iraqi Freedom ◽  
The United States ◽  
Weapons Of Mass Destruction ◽  
The Troubles ◽  
The Us ◽  
The Government ◽  
The Arab Spring ◽  
Iraqi Freedom

This chapter focuses on the Iraq war of 2003–11 and the troubles in the Middle East. George W. Bush’s advisers, led by Dick Cheney and Don Rumsfeld, had been considering an attack on Iraq well before 9/11. At the same time, many experts within the government pointed to the lack of any evidence for Iraqi-sponsored terrorism directed against the United States. The threats to US national security were outlined to Bush in a briefing just prior to his inauguration; these threats came primarily from al-Qaeda’s terrorism and the proliferation of nuclear arms and other weapons of mass destruction (WMDs). The chapter first considers the US decision to invade Iraq, before discussing the war, taking into account the US’s Operation Iraqi Freedom and the war’s costs to the US and to Iraq. It also examines the Israeli–Palestinian conflict and concludes with an assessment of the ‘Arab Spring’.

scholarly journals Why Do States Intervene in the Elections of Others? The Role of Incumbent–Opposition Divisions

2020 ◽  
pp. 1-22 ◽  
Author(s):  
Johannes Bubeck ◽  
Kai Jäger ◽  
Nikolay Marinov ◽  
Federico Nanni
Keyword(s):  
United States ◽  
Original Data ◽  
The United States ◽  
Polarization Measurement ◽  
Point Of View ◽  
Democratic Process ◽  
Data Set ◽  
Policy Positions ◽  
Us Government ◽  
The Government

Abstract Why do states intervene in elections abroad? This article argues that outsiders intervene when the main domestic contenders for office adopt policy positions that differ from the point of view of the outside power. It refers to the split between the government's and opposition's positions as policy polarization. Polarization between domestic political forces, rather than the degree of unfriendliness of the government in office, attracts two types of interventions: process (for or against democracy) and candidate (for or against the government) interventions. The study uses a novel, original data set to track local contenders’ policy positions. It shows that the new policy polarization measurement outperforms a number of available alternatives when it comes to explaining process and candidate interventions. The authors use this measurement to explain the behavior of the United States as an intervener in elections from 1945 to 2012. The United States is more likely to support the opposition, and the democratic process abroad, if a pro-US opposition is facing an anti-US government. It is more likely to support the government, and undermine the democratic process abroad, if a pro-US government is facing an anti-US opposition. The article also presents the results for all interveners, confirming the results from the US case.

Legal Review of the Government's Responsibility in Compensating for the Damage Caused by the COVID-19 Crisis

2022 ◽  
pp. 193-205
Author(s):  
Mohammad Sheikhi ◽  
Nima Norouzi
Keyword(s):  
National Security ◽  
Crisis Management ◽  
Legal Framework ◽  
Legal Issues ◽  
Related Disease ◽  
Security Service ◽  
Management Organization ◽  
The Government ◽  
National Headquarters ◽  
Laws And Regulations

The onset and spread of COVID-19-related disease and the measures taken by the government to combat it have given rise to several legal issues. The most important of these issues can be considered the government's legal framework in the fight against this disease and the responsibility for compensation. Examining the first issue through Iran's current laws and regulations, it became clear that choosing the appropriate legal framework in the fight against this disease could be more than the basic and ordinary regulations. Instead of creating a national headquarters to fight COVID-19 under council approvals, the Supreme National Security Service shall use the capacities of the crisis management organization and the relevant law and the provisions of Article 79 of the Iranian constitution.

China’s ‘new media’ create new markets and new risks

2020 ◽  
Keyword(s):  
United States ◽  
New Media ◽  
National Security ◽  
The United States ◽  
Live Streaming ◽  
Security Threat ◽  
Content Type ◽  
International Growth ◽  
Short Video ◽  
The Government

Subject Live streaming and short video in China. Significance Live streaming and ‘short video’ apps have fast become mainstream in China. The international growth of Chinese-owned short-video app TikTok has generated fears in the United States that its data policies and censorship constitute a national security threat. Impacts China’s array of internet regulations make it easy for the government to find fault with a firm whose actions it disapproves of. Future laws in China will directly govern the use of the algorithms tech firms use to monitor and censor content. US politicians will be increasingly aware, and wary, of Chinese tech firms that collect data on US citizens.

scholarly journals IS PRESIDENT DONALD TRUMP’S CURRENT TRADE POLICY AREAL THREAT TO INTERNATIONALTRADE ORDER? LEGAL AND POLICY ASSESMENT

2018 ◽  
Vol 14 (2) ◽  
pp. 425-438
Author(s):  
Piotr KOBIELSKI
Keyword(s):  
International Trade ◽  
Trade Policy ◽  
The United States ◽  
Poultry Meat ◽  
Special Focus ◽  
The European Union ◽  
Trade Disputes ◽  
White House ◽  
Republic Of China ◽  
Trade War

The purpose of this article is to answer the question whether the current trade policy of the President Donald Trump’s administration, aimed at greater protectionism and isolationism in international trade, may result in undermining or even dismantling international trade order as we know it for the last several decades. Taking into account unfolding trade war between the United States and the People’s Republic of China special focus is given to potential new trade warbetween the US and the European Union. In order to narrow the scope of the paper’s analysis and to best illustrate the prospect of the EU-US trade war special attention is given to historical and current trade disputes between both parties over agri-food products, including hormone-treated beef, bananas, GMOs, poultry meat treated with bactericidal substances, Spanish olives and American soybeans. In conclusion of this paper it is explained thatdue to several reasons the new US-EU trade waris highly unlikely. This said it is also concluded that current stance in international trade taken by the White House, although very controversial and openly confrontational, poses no real threat to modern international trade order.

scholarly journals Venezuelan Puzzle for Joe Biden

2021 ◽  
pp. 0
Author(s):  
Dmitry M. Rozental
Keyword(s):  
United States ◽  
The United States ◽  
Us Foreign Policy ◽  
Western Hemisphere ◽  
Present Stage ◽  
White House ◽  
Strategic Objectives ◽  
The Government ◽  
Main Components ◽  
Democrats And Republicans

The article is devoted to the American-Venezuelan relations at the present stage. Their confusion is explained by the ongoing revision of US foreign policy under 46th President Joe Biden, the confrontation between Democrats and Republicans in Congress, and political and economic instability in the Bolivarian Republic. At the same time, an analysis of the main components of bilateral interaction can contribute to a better understanding of their features. Washington's pressure on Caracas takes place because of the domestic political reasons and the strategic objectives of the United States in the Western Hemisphere. In these conditions, the probability that the White House will continue the pressure on the government of Nicolas Maduro remains high enough.

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