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You searched for: Political Geography United States Remove constraint Political Geography: United States Publication Year within 25 Years Remove constraint Publication Year: within 25 Years Topic Human Rights Remove constraint Topic: Human Rights
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  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: I think it is difficult to contest that the most important state player in world affairs over the last one hundred years – and consistently so over this period – has been the United States of America. World War I – into which, to borrow from Christopher Clark's justly celebrated book, we 'sleepwalked' – marks a useful starting point. It is not only the fairly important role America played in bringing WWI to an end that signals the beginning of this era, but also the no less important role it played in shaping the aftermath. Wilson's 14 points were considered at the time 'idealistic' by some of the yet-to-be 'Old Powers'. But by dismantling the Ottoman Empire through the principle of self-determination (not at that time a universal legally binding norm) it was an early swallow to the demise, a mere generation later, of all other colonial empires and the truly decisive reshaping of the balance of power in the post-WWII world. The US played an equally cardinal role in ideating and realizing the United Nations Organization and the Universal Declaration of Human Rights – two lynchpins of our current world order.
  • Topic: Human Rights, War
  • Political Geography: United States, America, Gaza
  • Author: Mark R. von Sternberg
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Journal on Migration and Human Security
  • Institution: Center for Migration Studies of New York
  • Abstract: Both geographic and normative constraints restrict access to surrogate international human rights protection for those seeking a haven from serious human rights abuses. Primary among territorial restrictions has been the fall-out from the US Supreme Court's decision in Sale v. Haitian Council Centers in which the court explicitly ruled that nothing in US statutory law, or in the 1951 Convention on Refugees or its 1967 Protocol, precluded the interdiction of Haitian refugees in international waters and their return to the country of origin without an effective interview on their protection clams. This ruling is in transparent contradiction to the general international law norm of non-refoulement according to modern scholarship and emerging case law. This paper concludes that Sale should be overturned by statute as should related pre-screening practices. A new standard of “jurisdiction” should be adopted which does not depend on territorial access to a signatory state but on whether the state is exercising power in fact. Similar concerns exist with respect to safe third country agreements which often offend the international customary right of the asylum seeker to choose where his or her claim will be filed. This paper argues that the right of choice should be recognized and onward travel and admission to the country of destination allowed. This result is especially called for where return of the alien by the country of first contact raises serious concerns under the law of non-refoulement. Imbalances noted in this paper include those generated by the new terrorism related grounds of inadmissibility in the United States and the summary denial of children's asylum claims flowing from gang violence. Other questions are raised in this paper concerning work authorization and detention of asylum seekers. Access to an employment authorization Journal on Migration and Human Security document for those filing colorable claims should be recognized by statute to render US practice consistent with that of most other states. Release from detention, on the other hand, for asylum seekers has now been broadly recognized by the US Department of Homeland Security where the asylum seeker's identity can be ascertained and the claim is non-frivolous in nature. This approach is largely consistent with international law, although there have been unnecessary delays in implementing it. On the substantive law, the international customary norm of non-refoulment has been expanded considerably through the development of opinio juris by scholars and the practice of states. This paper traces efforts in Europe to develop a law of temporary refuge for those fleeing civil war situations characterized by humanitarian law violations. Similarly, case law under the European Convention of Human Rights has now come to focus on the harm the claimant would suffer as the result of conditions in the country of origin without identifying an explicit agent of serious harm. Related to these developments has been the notion of complementary protection under which relief can be conferred where the alien would suffer serious harm upon return to the home state but not for a Convention reason. These approaches have now received approval in the European Union Asylum Qualification Directive so that international protection may now be conferred either because the alien would suffer serious harm on account of the intensity of human rights violations taking place in the country of origin, or those conditions, taken in conjunction with the claimant's personal situation, support a finding that the claimant would be impacted. This paper argues that this latter standard has now been made a part of the customary norm of non-refoulement and that it should be recognized by statute as a basis for non-return and coupled with status where the new standard can be met. Such a measure would help restore the nation's commitment to human rights and humanitarian concerns.
  • Topic: Human Rights, Humanitarian Aid, Terrorism
  • Political Geography: United States
  • Author: Judyth L. Twigg
  • Publication Date: 03-2014
  • Content Type: Working Paper
  • Institution: Center for Strategic and International Studies
  • Abstract: Over the last few years, Russia's relationship with the United States has traveled a swift and seemingly deliberate arc from partner to pariah. The current turmoil in Ukraine and near-certain resulting isolation of Russia culminate several years' worth of deteriorating ties. The Edward Snowden mess, disagreements over Syria and Iran, dismay over the eroding human rights environment in Russia, and now Russian annexation of Crimea have led the previously heralded "reset" to an unceremonious end. What are the implications of these and related developments for U.S.-Russia collaboration in medicine and public health? Should avenues of partnership remain open, even in such a frosty political context? Should the international community support Russia's health sector when ample resources exist within Russia itself? Is it even possible anymore?
  • Topic: Development, Diplomacy, Economics, Health, Human Rights, Human Welfare, Bilateral Relations
  • Political Geography: Russia, United States, North America
  • Author: Steven Ditto
  • Publication Date: 04-2014
  • Content Type: Working Paper
  • Institution: The Washington Institute for Near East Policy
  • Abstract: The Islamic Republic has added to its nuclear negotiating team a law professor who has extensive experience making Iran's case in international disputes. On April 9, Iran and the P5+1 (Britain, China, France, Russia, and the United States, plus Germany) concluded the latest two-day round of talks on a nuclear deal, setting the next round for May 13. Earlier in the week, on April 7, Iranian media reported the appointment of Dr. Jamshid Momtaz as head of a "legal advisory group" to the Iranian negotiating team. A French-educated expert on sanctions, disarmament, and UN procedure, Momtaz has represented the Iranian government in some of its highest-profile international legal proceedings, including in claims against the U.S. government at the Hague-based International Court of Justice (ICJ). Momtaz's familiarity with the United Nations, his extensive practice in Europe, and his proven history of leveraging complex legal arguments to advance Iran's international interests indicate that in these latest rounds of P5+1 talks Tehran is likely looking for unconventional ways to "address" and "bring a satisfactory conclusion to" the UN Security Council resolutions against it, as called for in the Joint Plan of Action (JPOA) agreed to in Geneva last November.
  • Topic: Diplomacy, Economics, Human Rights, International Cooperation, Nuclear Weapons, Sanctions, Nuclear Power
  • Political Geography: Russia, United States, China, Iran, France
  • Author: Sinan Ülgen
  • Publication Date: 06-2014
  • Content Type: Working Paper
  • Institution: Carnegie Endowment for International Peace
  • Abstract: Many countries are interested in the Transatlantic Trade and Investment Partnership (TTIP) that Brussels and Washington are negotiating. But the United States and the European Union (EU) began talks without devising a way to involve their main trade partners. This approach, understandable given the complexity of the negotiations, could produce a bilateral agreement that is difficult to multilateralize. To influence the negotiations, third countries interested in eventually joining TTIP should pursue an agenda centered on the accession mechanism, the elimination of nontariff barriers, and dispute settlement.
  • Topic: Economics, Human Rights, International Trade and Finance
  • Political Geography: United States, Europe
  • Author: Derek M. Scissors
  • Publication Date: 07-2014
  • Content Type: Working Paper
  • Institution: American Enterprise Institute for Public Policy Research
  • Abstract: Chinese foreign investment declined through mid-2014 for the first time since the financial crisis. By sector, energy draws the most investment, but a slump in energy spending means that metals and real estate have been more prominent so far in 2014. The United States has received the most Chinese investment since 2005, followed by Australia, Canada, and Brazil. China invests first in large, resource-rich nations but has also diversified by spending more than $200 billion elsewhere. Chinese investment benefits both China and the recipient nation, but host countries must consider thorny issues like Chinese cyberespionage and subsidies.
  • Topic: Economics, Human Rights, International Trade and Finance, Terrorism, Foreign Direct Investment
  • Political Geography: United States, China, Canada, Asia, Brazil, Australia
  • Author: Gayle Tzemach Lemmon
  • Publication Date: 04-2014
  • Content Type: Working Paper
  • Institution: Council on Foreign Relations
  • Abstract: An estimated one-third of girls around the globe become brides before the age of eighteen and one in nine do so before the age of fifteen. In recent decades, the issue of child marriage has grown in profile and priority for many policymakers. The Elders, a group of global leaders including former United Nations (UN) secretary-general Kofi Anna n and former U.S. president Jimmy Carter, have taken on the issue and opted to use their platform to speak out against the practice, as have other prominent international organizations. The UN estimated that in 2011, nearly seventy million women ages twenty to twenty-four had married before they turned eighteen. If current trends continue without pause, in the next ten years, more than 140 million girls will be married before their eighteenth birthdays. In order to design interventions that can scale to match the level of the challenge, it is critical to understand the drivers of child marriage and the factors that can curb it.
  • Topic: Globalization, Human Rights, Human Welfare, Reform
  • Political Geography: United States
  • Author: Catherine Powell
  • Publication Date: 06-2014
  • Content Type: Working Paper
  • Institution: Council on Foreign Relations
  • Abstract: The significant gains that Afghan women and girls have made since the 2001 U.S.-led military invasion and overthrow of the Taliban are endangered. Presidential elections and possible peace efforts with the Taliban raise uncertainties about whether the future leadership in Afghanistan will protect gender equality. Further, President Barack Obama's plan to completely draw down U.S. troops in the country by the end of 2016 risks withdrawing critical security protection, which has provided Afghan women and girls with increased safety and opportunities to participate in education, employment, the health system, politics, and civil society. With these political and security transitions underway, the United States should act now, in coordination with Afghanistan and its partners, to cement and extend the gains and prevent reversal.
  • Topic: Development, Education, Human Rights, Islam, Culture, Reform
  • Political Geography: Afghanistan, United States, Central Asia
  • Author: Andrew Williams
  • Publication Date: 02-2014
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The orthodox view of the ECHR and its Court as regime in the context of both the EU and UK has been that it has considerable value albeit with systemic flaws. The purpose of this article is to challenge this orthodoxy. Four inter-related submissions are made: that the ECHR has failed human rights conceptually (1); 'good' or lauded decisions of the ECtHR cannot remedy or sufficiently counter-balance this conceptual failure (2); 'bad' decisions further expose and exacerbate the failure (3); the procedural problems of the ECHR regime may contribute to the underlying failure of concept but their resolution cannot solve it (4). These submissions are to provoke a more intense assessment of value and how such value could be enhanced. It may be too late to see any influence on the accession process but this does not reduce the relevance of the critique for the future of human rights in both the EU and the UK. Ultimately an approach to the ECHR system needs to determine whether it continues to be lauded or its influence resisted (thus seeking reform or replacement - the alternative candidates being the EU Charter and/or a national Bill of Rights) and retained only as an iconic scheme of moral importance.
  • Topic: Human Rights
  • Political Geography: United States, Europe
  • Author: Michael Shifter
  • Publication Date: 03-2014
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: At first glance, perhaps the most notable feature of Plan Colombia has been its longevity. Given the current divisiveness in Washington, the bipartisan support it has received across three administrations now seems remarkable. After 12 years, the plan is gradually winding down, but the U.S. allocated more than $300 million under the program in 2012 alone. Although the Plan has evolved considerably since it was approved by the U.S. Congress in July 2000, it has become shorthand for wide-ranging U.S. cooperation with Colombia to assist that country in combating drugs, guerrilla violence, and related institutional and social problems. All told, the U.S. has spent nearly $8 billion on the initiative—more than anywhere outside of the Middle East, and Iraq and Afghanistan since the end of the Cold War. Although the effort gave priority to counter-narcotics operations—and specifically the eradication of coca in southern Colombia—from the outset it also encompassed assistance for the judiciary and economic development.
  • Topic: Foreign Policy, Cold War, Development, Government, Human Rights
  • Political Geography: United States, Iraq, Washington, Middle East