scholarly journals Recent Recognition Cases

1925 ◽  
Vol 19 (2) ◽  
pp. 263-272
Author(s):  
Edwin D. Dickinson

The prolonged interval during which the United States declined to recognize the government functioning in Mexico, and the still more protracted period during which recognition has been withheld from the de facto government in Russia, have produced some unusually interesting problems with respect to the appropriate judicial attitude toward an unrecognized de facto foreign government. In Mexico the recognized Carranza regime was overthrown by revolution in the spring of 1920, and General Obregon was inaugurated president on the first of December in the same year, yet it was not until August 31, 1923, that the Obregon Government received recognition from the United States. In Russia the recognized Provisional Government of Kerensky fell before the onslaughts of the Bolsheviki in December, 1917, and the Soviet Government established by the Bolsheviki soon acquired virtually undisputed control of most of the old empire, yet the Soviet règime remains unrecognized by the United States even at the present day. During intervals thus abnormally prolonged it has become increasingly difficult for the courts to resolve the cases which arise by applying the simple arbitrary formula that all matters of recognition are for the political departments to decide. More and more it has become evident that cases may arise in which the courts, without deprecating in any way the general principle which the formula is conceived to express, may be justified in taking account in some degree of de facto foreign governments from which recognition has been withheld. It is proposed to consider here only the more recent English and American cases. The cases considered may be grouped under three heads.

1980 ◽  
Vol 14 (3) ◽  
pp. 387-405 ◽  
Author(s):  
Duncan Macleod

After years of comparative neglect John Taylor of Caroline has recently begun to receive again a degree of attention more in keeping with his true importance. That his impact upon both his own generation and upon subsequent generations of historians has always been less than it might have been is due largely to his tortured style of writing and the tortuous thought processes it reflected. John Randolph of Roanoke once commented that Taylor needed only a translator to make an impact, and Thomas Jefferson, replying to a communication from John Adams in 1814, wrote that a book received by Adams must have been Taylor's An Inquiry into the Principles and Policy of the Government of the United States: “neither the style nor the stuff of the author of Arator can ever be mistaken. [I]n the latter work, as you observe, there are some good things, but so involved in quaint, in far-fetched, affected, mystical conceipts [sic], and flimsy theories, that who can take the trouble of getting at them?” Taylor himself appeared to hold a fluent style in contempt, commenting that “A talent for fine writing is often a great misfortune to politicians.”Although Taylor's style renders study of his writings far from congenial, the consistency of his purpose and thought make it relatively easy to extract the main thrusts of his arguments. Far from a rigorous theorist he provides a running commentary upon the politics of his times. In that capacity, however, he never felt compelled to define clearly, even to himself perhaps, some of the central premises from which his arguments derived.


2021 ◽  
Vol 13 (2-1) ◽  
pp. 62-91
Author(s):  
Irina Zhezhko-Braun ◽  

This article is the third and final in a series dealing with the birth of a new political elite in the United States, the minority elite. In previous articles, the mechanism of its appearance was analyzed, as well as its ideology, goals, program and values. The black movement, as the most co-organized of all protest movements, is entering the final phase of its development, being engaged in the placement of its representatives in state and federal governments, political parties and other social institutions. The women’s movement has recently been taken over by ethnic movements, primarily blacks, and has become their vanguard. This article describes new social elevators for the promotion of minority representatives into the corridors of power. The logic of promoting people of their own race, gender and nationality to the highest branches of power began to prevail over other criteria for recruiting personnel. During the 2020 election campaign, a new mechanism for promoting minorities in all branches of government was formed. It is based on numerous violations of local and federal electoral legislation. The mechanism of pressure on the US electoral system is analyzed using the example of the state of Georgia and the activities of politician Stacey Abrams. The article describes Abrams’ strategy to create a network of NGOs that are focused on one mission - to arrange for the political shift of the state in the elections. These organizations circumvented existing laws, making the state of Georgia the record holder for electoral irregularities and lawsuits. The article shows that Abrams’ struggle with the electoral laws of her state is based on the political myth of the voter suppression of minorities. The author identifies a number of common characteristics of the new elite. The minority elite does not show any interest in social reconciliation and overcoming racial conflict, but rather makes efforts to incite the latter, to attract the government to its side and increase its role in establishing “social justice” through racial quotas and infringement of the rights of those social strata that it has appointed bearers of systematic racism in society. As the colored elite increases and the government’s role in resolving racial conflicts grows, the minority movement is gradually condemned, it ceases to be a true grassroots movement and turns into astroturfing.


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.


Significance The National Liberation Front (FLN) and Democratic National Rally (RND) received the most seats, as expected, amid widespread voter apathy. Impacts The government will continue its austerity strategy in response to the low oil price, and face more social tension and protests. The young generation will lose even more trust in the political system and opt for protest, resignation and emigration. The supporters of security and economic cooperation with the United States within the regime were strengthened.


1867 ◽  
Vol 15 ◽  
pp. 29-38 ◽  

Her Majesty’s Government having been pleased to consult the Royal Society on several occasions in the last few years regarding the proper steps to be taken by this country, under the sanction and authority of its Government, for the prosecution, in cooperation with the Governments of other States in Europe and America, of systematically conducted meteorological observations by Land and Sea, it may be desirable to offer to the Fellows a résumé of the correspondence, and of the suggestions which from time to time have been tendered on the part of the Society to the several departments of the State. The correspondence commenced by a communication from the Foreign Office in March 1852, transmitting, by direction of the Earl of Malmesbury, several documents received from foreign governments in reply to a proposition which had been made to them by Her Majesty’s Government, for their cooperation in establishing a uniform system of recording meteorological observations; and requesting the opinion of the President and Council of the Royal Society in reference to these documents, and more especially in reference to a communication from the Government of the United States of America respecting the manner in which the proposed cooperation might be carried out.


1963 ◽  
Vol 23 (2) ◽  
pp. 196-214 ◽  
Author(s):  
Harry N. Scheiber

In September 1833, Andrew Jackson issued an executive order ending deposit of Federal funds in the Bank of the United States, which had been the government depository since 1817. The culmination of Jackson's long struggle with the Bank and its friends in Congress, this measure closed a chapter in the political history of the era. To the conservative Jacksonians, “victory over the Bank of the United States was a consummation” that freed the state banks and business enterprise from the control of a powerful and despised institution. To the radical, hard-money faction of the Democratic party, however, “removal of the deposits” (as the order was popularly termed) was merely a first step toward more fundamental reform—elimination of the monetary disturbances that they attributed to reliance on bank paper for the currency of the country. Because of this divergence of views, partisan and factional disputes over Jacksonian financial policy did not cease with victory over the Bank. Central to the continuing debate was the relationship of die Treasury Department to the group of state-chartered banks, usually called the “pet banks,” in which Federal funds were deposited after September 1833. My purpose here is to review Treasury operations in die period 1833–1841, to suggest the political role of die pet banks and the economic impact of financial policy in die administrations of Jackson and Van Buren.


1966 ◽  
Vol 60 (2) ◽  
pp. 268-302 ◽  
Author(s):  
Detlev F. Vagts

For 167 years the shadow of the Logan Act has fallen upon those Americans who trespass on the Federal monopoly of international negotiations which it creates. In theory, up to three years’ imprisonment and a $5,000 fine await those Americans who, without authority, communicate with a foreign government intending either (a) to influence that government with respect to a controversy with the United States or (b) to defeat the measures of the United States. Though only one indictment and no trial have taken place under the Act, who can tell when a new Administration, thinner skinned or harder pressed than its predecessors, may in its irritation call into play this sleeping giant? Now, at a time when domestic opposition to certain aspects of our foreign policy has reached a pitch unknown for many years, it would be well to reflect upon this curious product of the confluence of criminal law and foreign relations law before we are in fact confronted by a test of its strength. All could be the losers from an unpremeditated encounter—the defendant by finding himself, perhaps to his very great surprise, the first person subjected to the Act’s severe criminal penalties, the Government by finding itself stripped of its long accustomed protection by a ruling that the statute as it now reads is unconstitutionally vague or restrictive of free speech. Despite its long desuetude as a criminal statute, the Act represents a principle which I cannot help but think is, at its core, a salutary one; that America in sensitive dealings with other governments “speaks with one voice.” It embodies the concept of bipartisanship, that quarrels about foreign relations are fought out domestically and not with the adversary. It deters sometimes very ill-advised attempts to take the conduct of foreign affairs into foolish and unauthorized hands. On the other hand, it cuts into freedoms which we regard as having the highest value, and many of the situations in which its use has been suggested clearly involve no danger that would justify such a restraint.


1987 ◽  
Vol 19 (3) ◽  
pp. 261-286 ◽  
Author(s):  
Mark J. Gasiorowski

In retrospect, the United States sponsored coup d'état in Iran of August 19, 1953, has emerged as a critical event in postwar world history. The government of Prime Minister Mohammad Mosaddeq which was ousted in the coup was the last popular, democratically oriented government to hold office in Iran. The regime replacing it was a dictatorship that suppressed all forms of popular political activity, producing tensions that contributed greatly to the 1978–1979 Iranian revolution. If Mosaddeq had not been overthrown, the revolution might not have occurred. The 1953 coup also marked the first peacetime use of covert action by the United States to overthrow a foreign government. As such, it was an important precedent for events like the 1954 coup in Guatemala and the 1973 overthrow of Salvador Allende in Chile, and made the United States a key target of the Iranian revolution.


2001 ◽  
Vol 70 (2) ◽  
pp. 199-225
Author(s):  
Roland Blaich

Nazi foreign policy was hampered from the start by a hostile foreign press that carried alarming reports, not only of atrocities and persecution of the political opposition and of Jews, but also of a persecution of Christians in Germany. Protestant Christians abroad were increasingly outraged by the so-called “German Christians” who, with the support of the government, gained control of the administration of the Evangelical state churches and set about to fashion a centralized Nazi church based on principles of race, blood, and soil. The militant attack by “German Christians” on Christian, as opposed to Germanic, traditions and values led to the birth of a Confessing Church, whose leaders fought to remain true to the Gospel, often at the risk of imprisonment. Such persecution resulted in calls from abroad for boycott and intervention, particularly in Britain and the United States, and threatened to complicate foreign relations for the Nazi regime at a time when Hitler was still highly vulnerable. In order to win the support of the German people and to consolidate the Nazi grip on German society, Hitler needed accomplishments in foreign policy and solutions to the German economic crisis. Both were possible only with the indulgence of foreign powers.


1951 ◽  
Vol 45 (S2) ◽  
pp. 58-65 ◽  

To provide for the settlement of certain claims of the government of the united states on its own behalf and on behalf of american nationals against foreign governments.


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