Human rights in Chinese foreign relations: defining and defending national interests

2001 ◽  
Vol 39 (04) ◽  
pp. 39-2453-39-2453
1982 ◽  
Vol 76 (2) ◽  
pp. 246-279 ◽  
Author(s):  
Stephen B. Cohen

The level of parliament depends on whether it does not merely discuss great issues, but decisively influences them; in other words, its quality depends on whether what happens there matters, or whether parliament is nothing but the unwillingly tolerated rubber stamp of a ruling bureaucracy.Max WeberIn the United States, with its government of separated powers and functions, it is the executive branch, and in particular the Department of State, that bears responsibility for implementing legislation on foreign relations. The success of implementation will depend on political decisions, involving competing national interests, as well as on institutional and personal considerations of the officials concerned. Inevitably, there is a gap between legislation and execution, especially when the Executive is not wholly sympathetic to the law. The gap may even devour legislated policies as the Executive refuses "to take Care that the Laws be faithfully executed," and bureaucratic and personal considerations distort judgments, exploit the generality and uncertainty of language, and lead to abuse of discretion. A notable instance of this problem has been executive implementation of legislation on international human rights.


2020 ◽  
Vol 15 (1) ◽  
pp. 21-23
Author(s):  
Mariia Nesterova

The concept of religious freedom, the history of its development, the concept of religious freedom in acts of international organizations, as well as the legislation of Ukraine is considered. Human rights and freedoms do not depend on the socio-economic structure of the state and the level of its development. They should be provided to every person and guaranteed by the country. Constitution and national legislation. It should be noted that the relevance of the issue of international human rights standards (including religious freedom) has become much more acute for our country. No one should be subjected to coercion that diminishes his will to have or accept a religion or belief of his own choosing. Freedom to manifest religion or belief is subject only to restrictions established by law and necessary to protect public safety, order, health, and morals. The features of improvement and trends of changes in the understanding of religious freedom in different epochs and cultural and historical periods of the development of society are analyzed. For a meaningful understanding and clarification of all controversial issues related to the issues of freedom of religion, the origin and perception of it by thinkers and religious traditions of past centuries are considered. The problematic moments and promising achievements of the Ukrainian legislation in matters relating to religious freedom and the rights of believers are highlighted. Freedom of conscience and freedom of religion occupy an important place in the system of personal rights. Guaranteeing the equality of churches before the law, our state recognizes and abides by the provisions, none of them can claim a dominant role in society and the status of a state, and national interests should prevail over the interests of any religious organization.


Author(s):  
Aiden Warren ◽  
Damian Grenfell

The need to fundamentally rethink interventions is before us. Driven by a combination of pressing humanitarian need as well as conceptual and theoretical dilemmas that limit the value of analysis, it is evident we are seemingly at the crossroads. The crises in Syria and Iraq – the human rights abuses, the destruction of cities and the attenuating flows of refugees into Europe – have only been enough to garner specific military action from external powers in ways closely aligned to national interests. There is the sense that despite being decades on from the end of the Cold War and notwithstanding the varying kinds of interventions in the name of humanitarian ends that have taken place, we have come full circle. For all their challenges and faults, at the end of the twentieth century Kosovo and Timor-Leste suggested that there was enough benefit gained by interventions that they had a future in global politics. The post-9/11 military invasions of Iraq and Afghanistan have, however, come to dominate discourse as wars fought overwhelmingly for state security rather than humanitarian ends (even though the latter are used instrumentally as a justification at times). Moreover, as events in Syria have unfolded, it has become even harder to discern who would be assisted, and to what end, by a large-scale intervention like those that occurred across the 1990s. The widening of Syria’s civil war into a regional one, and the toll on civilians (approximately 260,000 at time of publication), reflects elements that are described in ‘new wars’ analysis, and yet are overlain with shifting forms of globalised warfare, intersections with terrorism, while reaffirming what appears to be more classical superpower rivalries (though now it is between different versions of empire and capitalism). It is such a riven mess that it is quite possible that the only ‘end game’ will come in the form of general annihilation....


2020 ◽  
pp. 145-178
Author(s):  
Gary Born

This chapter looks at the grave flaws in the current treatment of international law in American courts. Both the status and content of public and private international law in the United States are uncertain, frequently governed by contradictory or parochial rules of State law; the resulting body of international law that is applied by U.S. courts is unpredictable and incoherent. Over the past fifty years, U.S. federal courts have also increasingly marginalized both international law and the role of American courts in resolving international disputes. This treatment of international law threatens serious damage to historic U.S. values and frustrates vitally important national policies. The chapter then considers how the current treatment of international law in American courts is also contrary to the U.S. Constitution’s allocation of authority over the nation’s foreign relations and international trade, which vests the federal government with both plenary and exclusive authority over U.S. foreign relations and commerce, while, exceptionally, forbidding State involvement in either field. Moreover, this treatment conflicts with vital national interests and policies in both fields, frustrating long-standing national interests in the nation’s compliance with international law and development of the international legal system.


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