96 research outputs found

    “Inviolability” of Enemy Private Property

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    Legal Treatment of Foreign and Domestic Creditors

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    THE RECOGNITION OF RUSSIA

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    Revolution in Russia culminated, on March 15, 1917, in the abdication of the Romanoffs and the establishment of the Provisional Government. In November, 1917, the Provisional Government was overthrown by the Bolsheviki and the Russian Socialist Federated Soviet Republic was proclaimed. Thus in nine turbulent months authority in Russia passed from the autocracy of the Czars, through the ineffective hands of the moderates, to extreme radicals frankly committed to communism and the dictatorship of the proletariat

    ON AMENDING THE TREATY-MAKING POWER: A COMPARATIVE STUDY OF THE PROBLEM OF SELF-EXECUTING TREATIES

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    The current furor concerning the treaty-making power of the United States has been aroused by the apprehension that this country might become a party to certain multilateral treaties in the social and economic fields, and, notably, the draft Covenants on Human Rights, the Genocide Convention and the Convention on Political Rights of Women. The plethora of proposed constitutional amendments now before the Congress merely marks an intensification of the controversy, recurrent throughout our history, concerning the legal effect of Article VI, Section 2, of the Constitution of the United States. Problems concerning the relative authority of treaties and other international agreements, on the one hand, and of the Constitution, Acts of Congress, and state constitutions and legislation, on the other, have led to proposals for a change in a law and practice which have become traditional in this country. These far-reaching proposals would sweep away well-established constitutional land-marks, and would, in effect, involve a repeal of the fundamental rule, hitherto unquestioned, that all treaties made ... under the authority of the United States shall be the supreme law of the land ...

    INTERNATIONAL LAW-EXPATRIATION-CITIZENSHIP OF CHILD LOST BY REMOVAL AND EXPATRIATION OF FATHER

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    Petitioner, a native-born American woman, was taken to Canada by her father who became naturalized there while she was still a minor. Petitioner later married a British subject and seeks naturalization here under a statute authorizing this to American women who have lost their citizenship through marriage to an alien. A treaty in force between the United States and Great Britain provided that persons naturalized according to Canadian law should lose American citizenship. The Canadian statute provided that if the father became naturalized, his minor children should, within Canada, be deemed Canadian subjects. Held, that petitioner had not lost her citizenship by her father\u27s naturalization, the Constitution preventing loss of citizenship without actual consent. On appeal, held that the treaty applied, and that petitioner\u27s status had been changed by her father\u27s naturalization. United States v. Reid, (C. C. A. 9 th, 1934) 73 F. (2d) 153

    In a Time of Trouble: Law & Liberty in South Africa’s State of Emergency

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    THE MINIMUM STANDARD OF THE TREATMENT OF ALIENS

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    During the meeting of the Committee of Experts for the Codification of International Law at Lima, Mr. Cruchaga Ossa of Chile contended that article 9 of the Montevideo Convention on the Rights and Duties of States made the equality of rights the maximum that could be claimed by any alien. He denied the existence of any minimum standard for the treatment of aliens; but remarked that even if there were one recognized in Europe the countries on this continent had in the first, second, fifth and seventh Inter-American Conferences committed themselves to the doctrine of absolute equality, which henceforth constituted the rule of law in the Americas. Although Chile had in 1930 conceded that a denial of justice gave a foreign government a privilege of intervening diplomatically on behalf of its nationals, Mr. Cruchaga in 1938 was driven by the logic of his own position to dispute the possibility of invoking diplomatic protection against denials of justice, because nationals could not enjoy it. On September 10, 1938, President Cardenas of Mexico attacked the whole conception of diplomatic protection as an impairment of national sovereignty

    Electrical generator's manufacturing through recycled materials for self-consumption

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    The reduction of the useful life of some technologies for various reasons currently generates a large amount of electronic waste whose main destination is landfills located in underdeveloped countries. On the other hand, the lack of availability of electrical energy can encourage the use of other less efficient means of generation with a greater environmental impact. To overcome these problems, it is proposed to recover certain wastes in the manufacture of small wind turbines for use in the construction of these countries. This article provides a practical example of the design of the electric machine and its performance in building with the positive social, economic and environmental impact of the regions involved

    Centering Acculturation as an Approach to Challenging the Fragility of Human Rights in Indonesia

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    The degree of fulfillment of human rights differs from one situation to another, from one country to another. Although a country's constitution sets out the framework for protecting human rights, attacks on human rights at a practical level are visible. We can see that human rights are increasingly fragile.  Specifically, Indonesia is experiencing a various kinds of human rights problems. For example, some minority groups such as the Ahmadiyya minority Group and Christians, routinely face discrimination and restrictions on human rights. This article discusses the concept of acculturation as an approach to challenging the fragility of human rights in Indonesia specifically and, more broadly,  around the world. The author uses a critical analysis of previous academic studies to explore and elaborate on this discourse.   Keywords: Acculturation, Human Rights, Minorities, State, UDHR, Indonesi

    From conceptual pluralism to practical agreement on policy: global responsibility for global health.

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    BACKGROUND: As the human cost of the global economic crisis becomes apparent the ongoing discussions surrounding the post-2015 global development framework continue at a frenzied pace. Given the scale and scope of increased globalization moving forward in a post-Millennium Development Goals era, to protect and realize health equity for all people, has never been more challenging or more important. The unprecedented nature of global interdependence underscores the importance of proposing policy solutions that advance realizing global responsibility for global health. DISCUSSION: This article argues for advancing global responsibility for global health through the creation of a Global Fund for Health. It suggests harnessing the power of the exceptional response to the combined epidemics of AIDS, TB and Malaria, embodied in the Global Fund to Fight AIDS, Tuberculosis and Malaria, to realize an expanded, reconceptualized Global Fund for Health. However this proposal creates both an analytical quandary embedded in conceptual pluralism and a practical dilemma for the scope and raison d'etre of a new Global Fund for Health. To address these issues we offer a logical framework for moving from conceptual pluralism in the theories supporting global responsibility for health to practical agreement on policy to realize this end. We examine how the innovations flowing from this exceptional response can be coupled with recent ideas and concepts, for example a global social protection floor, a Global Health Constitution or a Framework Convention for Global Health, that share the global responsibility logic that underpins a Global Fund for Health. CONCLUSIONS: The 2014 Lancet Commission on Global Governance for Health Report asks whether a single global health protection fund would be better for global health than the current patchwork of global and national social transfers. We concur with this suggestion and argue that there is much room for practical agreement on a Global Fund for Health that moves from the conceptual level into policies and practice that advance global health. The issues of shared responsibility and mutual accountability feature widely in the post-2015 discussions and need to be addressed in a coherent manner. Our article argues why and how a Global Fund for Health effectuates this, thus advancing global responsibility for global health
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