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1
Gogaev, Sanal Igorevich. "The role of Thomas Jefferson's political activity in the history of American statehood." Genesis: исторические исследования, no. 1 (January 2023): 45–61. http://dx.doi.org/10.25136/2409-868x.2023.1.37249.
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The subject of the study is the results, results and consequences of the political activity of Thomas Jefferson (1743-1826). Jefferson was the author of the Declaration of Independence and the third president of the United States, considered one of the founding fathers of the United States. The first American president to hold the posts of Secretary of State, Vice President and President of the United States successively. The article examines the political ideas of Jefferson, who was one of the first political figures who spoke and justified the idea of separating its North American colonies from Great Britain. His political ideas and decisions as a statesman and politician were timely and brought much benefit to his country. As the author of the Declaration of Independence of the United States, he made a huge contribution to the creation of the United States. Its adoption meant the formation of a new state - the United States. For him, the principles of the declaration were to create a free American state based on the principles of democracy and civil liberty. The Declaration defined the social and legal status of a person in society. Declaring the people the only source of power, she put them on a par with the great ideologists of the Enlightenment. As Ambassador to France, he managed to secure a number of trade agreements with European countries. His merits as president undoubtedly lie in the acquisition of Louisiana and the establishment of diplomatic relations with Russia, as well as the pacification of relations with Great Britain.
2
Bahmudov, Dzhamalutdin Magomedovich. "COMPARATIVE LEGAL DESCRIPTION OF THE US DECLARATION OF INDEPENDENCE AND THE DECLARATION OF HUMAN AND CITIZEN RIGHTS." Chronos 7, no. 3(65) (April 13, 2022): 37–41. http://dx.doi.org/10.52013/2658-7556-65-3-8.
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This article reveals the historical significance of the two most important legal acts of the United States and France through their comparison. In fact, they are the basis for the formation of the constitutional legislation of the two countries, and the Declaration of the Rights of Man and Citizen is today an integral part of the French Republic. It also analyzes the reasons for the emergence of documents, the historical context and how they influenced the development of the statehood of the United States and France.
3
Shalev, Eran. "“A Perfect Republic”: The Mosaic Constitution in Revolutionary New England, 1775–1788." New England Quarterly 82, no. 2 (June 2009): 235–63. http://dx.doi.org/10.1162/tneq.2009.82.2.235.
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Between the United States' declaration of independence and the country's attempt to construct a federal Constitution, a group of New England ministers proclaimed Israel's biblical history an exemplum for their republican and federal aspirations. Tracing this unique interpretive discourse, the essay underscores the importance of political Hebraism to the intellectual history of the early United States.
4
York, Neil L. "Natural Rights Dissected and Rejected: John Lind's Counter to the Declaration of Independence." Law and History Review 35, no. 3 (May 30, 2017): 563–93. http://dx.doi.org/10.1017/s0738248017000268.
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James Oliver Robertson intended no sacrilege when he called the Declaration of Independence a sacred text, an essential component of what has become American “holy writ.” It is now venerated as a founding document of the national civil religion. The Declaration, Robertson emphasized, reflects an expectation that the new United States would becomethenation among all nations. As celebrated now, independence then provided the political means to achieve a social end, that social end being a better life for Americans, their new nation acting as an exemplar for the larger world. Or, as Stephen E. Lucas put it, the Declaration of Independence went through an “apotheosis,” through which, over the years, Americans have come to “see its original purpose in universal terms almost wholly divorced from the events of 1776.”
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Suny, Ronald Grigor, and Vicken Cheterian. "Making states and breaking states: Kosovo and the Caucasus in 2008: Introduction." Nationalities Papers 40, no. 5 (September 2012): 657–60. http://dx.doi.org/10.1080/00905992.2012.707461.
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Two events in 2008 shaped the political map of the Caucasus: the West's decision on the independence of Kosovo and the Russo-Georgian War. First, on 17 February, Kosovo authorities unilaterally declared the independence of what was at the time a UN protectorate. This declaration enjoyed much support in the West, including near-immediate recognition by key states such as the US, Germany, France, the UK, and a dozen others. But it also faced strong opposition from Serbia and Russia and strong skepticism from prowestern countries such as Georgia. Russia opposed not only the Kosovo declaration itself but more importantly the western adoption of it. From the Russian perspective, by supporting Kosovo's accession to sovereignty western states were violating the rules set at the moment of collapse of the federal states of Yugoslavia and the Soviet Union: to invite the former union republics to join the international clubs of sovereign states, but not extend such invitation to any other sub-units. In other words, Azerbaijan, Croatia, Kazakhstan, and Russia became members of the United Nations, but sub-entities like Chechnya, Kosovo, or Tatarstan did not receive the same recognition.
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Siburian, H. M. Sahat Radot. "Constitution Formulation and Amendment in Indonesian and American Legal System: A Comparative Study." Journal of Law and Legal Reform 3, no. 1 (January 31, 2022): 39–66. http://dx.doi.org/10.15294/jllr.v3i1.49536.
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The purpose of this study is to find out the comparison of constitutional law in Indonesia and the United States in terms of the development of the constitution and the mechanism for changing the constitution (UUD). The method used in this research is in the form of legal research. The type of research used for this approach is normative legal research. As in the United States constitution, Article V regulates how to amend the constitution. Meanwhile, in Indonesia, the mechanism for this change is regulated in Article 37 of the 1945 Constitution (UUD). The United States and Indonesia are countries that have adopted a presidential system of government with a republican form of government. In addition, the state institution authorized to make changes to the constitution of each country is the legislature. If in the United States the one who can amend the Constitution is the Congress consisting of the House of Representatives and the Senate, then in Indonesia the authority to make changes to the Constitution is the MPR, which includes the DPR and DPD. Then, the form of the constitution used by the two countries is the same as the Written Constitution. The existence of the United States Constitution is actually an effort to realize the principles stated in a Declaration of Independence (1776). The Declaration is based on French philosophical and English Enlightenment schools. The main purpose of the United States constitution is to guarantee the rights of the states.
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Maier, Harold G. "Preemption of State Law: A Recommended Analysis." American Journal of International Law 83, no. 4 (October 1989): 832–39. http://dx.doi.org/10.2307/2203372.
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The fundamental principles that guide determinations about the appropriate relationship between state and national authority in matters affecting the foreign affairs of the United States began to evolve even before the ratification of the Constitution in 1789. The centralization of governmental power in this field is reflected in microcosm in the three great state papers of the United States. The nation began in 1776 as “United Colonies” that were “Free and Independent States” under the Declaration of Independence; developed into a “firm league of friendship” under the Articles of Confederation in 1781; and became a “more perfect union” created by the people, not by its constituent political units, under the Constitution in 1789.
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Nte, Timothy Ubelejit. "The Burden of Recognition in the Unilateral Declaration of Independence by Kosovo." Global Journal of Political Science and Administration 11, no. 1 (January 15, 2023): 1–19. http://dx.doi.org/10.37745/gjpsa.2013/vol11n1119.
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Fourteen years after its Unilateral Declaration of Independence (UDI), Kosovo is not still an international legal personality. The major challenge that Kosovo has is neither recognition nor non-recognition but the withdrawal of recognition (WR) by countries that hitherto recognised it after the UDI. Evidently, the recognition of Kosovo has not only stagnated but it is retarding because of WR by some states. On 13 May 2022, Serbian Foreign Minister declared that there is WR by four additional countries bringing the total number of WR to twenty-two. The specific objective of the study is to evaluate the circumstances that precipitated the UDI of Kosovo and the reasons why its recognition is retarding. Accordingly, the study is guided by four research questions. The constitutive theory of statehood is the theoretical framework of the study. The study adopted the quality research methodology. The quagmire generated by the UDI of Kosovo compelled the United Nations General Assembly (UNGA) to seek the advisory opinion of the International Court of Justice (ICJ). There are a couple of reasons why the recognition of Kosovo is stagnating. The most important reason is to forestall a dangerous precedent for other secessionist movements. Some states still hold tenaciously to the illegality of Kosovo’s UDI despite the ICJ’s ruling. On 30 July 2022, the Prime Minister of Spain declared that the UDI of Kosovo is a violation of international law. The study recommends that the United Nation should clearly spell out the conditions for secession and recognition of States.
9
Smith, Brian G. "Myths and the American Nation: Jefferson’s Declaration and the development of American nationalism." Review of Nationalities 8, no. 1 (December 1, 2018): 7–20. http://dx.doi.org/10.2478/pn-2018-0001.
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Abstract The USA as a multinational country of immigrants is nevertheless a fertile ground for competing nationalist ideologies and the consequently competing myth-building that surrounds the construction of national identity. The myth of the 1776 Declaration of Independence as an important founding document for domestic politics in the United States continues to spread through popular culture and academic textbooks. The claim of the Jefferson’s Declaration as an aspirational founding document helped establish a myth supporting creedal nationalism, but obscures the arc of the ideological debate over national identity.
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Zumkhawala-Cook, Richard. "The Mark of Scottish America: Heritage Identity and the Tartan Monster." Diaspora: A Journal of Transnational Studies 14, no. 1 (March 2005): 109–36. http://dx.doi.org/10.3138/diaspora.14.1.109.
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On 20 March 1998, the United States Senate unanimously adopted Resolution 155, declaring 6 April of each year National Tartan Day to celebrate the contribution of Scots in America over the centuries. Proposed by a Republican Majority Leader of Scottish descent, Trent Lott, and intended to establish the relationship between the two nations, the document harks back to Scotland’s revered 1320 statement of national independence, the Declaration of Arbroath: “the American Declaration of Independence was modeled on that inspirational document … Scottish Americans successfully helped shape this country in its formative years and guided this Nation throughout its most troubled times.” More than simply a pluralist call for the recognition of an ethnic culture in America, the document constructs a vision of shared national origins.
11
Spillman, Lyn. "When Do Collective Memories Last?: Founding Moments in the United States and Australia." Social Science History 22, no. 4 (1998): 445–77. http://dx.doi.org/10.1017/s0145553200017910.
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In 1876, there was a huge commemoration of the centennial of American independence. The year was marked in many ways, by many groups, in many parts of the country. The central event, though, was a grand International Exhibition in Philadelphia, four years in the making. Planners first met in 1872 in Independence Hall and spoke at length about the sacredness of the venue: “It is altogether fit and wise that we should take our first step and utter our first words in this hall. There sat John Hancock, presiding over that immortal body. There came Jefferson, Franklin, Adams, Sherman, and Livingston presenting the sacred declaration. There lies the broken and silent bell, which at the word proclaimed liberty throughout the land to all the inhabitants thereof” (USCC 1873: 24-25). The theme was taken up by many others in many different ways. Images of the Liberty Bell, Independence Hall, Washington, and Franklin were scattered throughout centennial ceremonies, buildings, poems, histories, and other documents. The revolution was used as a touchstone in talk about the exhibition and as a rich source of national symbolism.
12
Jamar, Hanna, and Mary Katherine Vigness. "Applying Kosovo: Looking to Russia, China, Spain and Beyond After the International Court of Justice Opinion on Unilateral Declarations of Independence." German Law Journal 11, no. 7-8 (August 1, 2010): 913–28. http://dx.doi.org/10.1017/s2071832200018927.
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When the International Court of Justice (ICJ) released its advisory opinion regarding the legality of Kosovo's unilateral declaration of independence (UDI) on 22 July 2010, Serbia was not the only State to express its dissatisfaction with the outcome. The broader significance of the ICJ's finding that Kosovo's UDI in 2008 did not violate international law has profound relevance for other States. The United States and its allies claim that Kosovo's situation is unique and does not serve as precedent, but other nations facing separatist movements within their own borders may have reason to be concerned.
13
Moseley, James D. "The Constitution of 1787, Based on Reason and Revelation." Journal of Interdisciplinary Studies 30, no. 1 (2018): 145–68. http://dx.doi.org/10.5840/jis2018301/29.
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The framers of the U.S. Constitution of 1787 understood that its principles are those of the Declaration of Independence, based upon reason and revelation, “the laws of nature and nature’s God.” Yet, following so-called progressivism at the turn of the twentieth century, the principles of the American founding were questioned by historicism and moral relativism in the social sciences and humanities, with the most egregious effects today in constitutional law. This has been called “the crisis of the West.” Some perceive that the United States lacks a strong moral foundation, and call for redrawing the Constitution. However, before doing so, we may want to better understand its founding principles. We need to turn to the principles of the Declaration of Independence, as found in reason and revelation, which support the moral order of the Constitution. John Quincy Adams and Abraham Lincoln referred to passages from the Bible to illustrate the preeminent position of the Declaration to the Constitution. And they, like the founders, believed the Constitution’s principles must be adhered to for the nation to survive.
14
Cirkovic, Elena. "An Analysis of the ICJ Advisory Opinion on Kosovo's Unilateral Declaration of Independence." German Law Journal 11, no. 7-8 (August 1, 2010): 895–912. http://dx.doi.org/10.1017/s2071832200018915.
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The International Court of Justice (ICJ) ruled in an advisory opinion on 22 July 2010 that Kosovo's 17 February 2008 unilateral declaration of independence from Serbia did not violate international law. The Kosovo Parliament's declaration of independence stated that Kosovo would continue to be bound by the United Nations Security Council Resolution 1244 (1999) (hereinafter “SC Resolution 1244 (1999)”), as well as the Ahtisaari plan. UN Special Envoy for Kosovo Martti Ahtisaari's proposal, produced in February 2007, defined Kosovo's internal settlement, minority-protection mechanisms, and allowed for independence under international supervision. The proposal increased the powers devolved to Kosovar institutions but without providing for the complete removal of international oversight and authority.
15
Minkov, Stefan. ""From confederation to federation: transformation of the USA state structure between 1777 – 1789 "." Lyuboslovie 21 (November 22, 2021): 92–117. http://dx.doi.org/10.46687/zwrr2771.
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The study examines the ideological foundations and prerequisites for the independence of the British colonies in North America. We examine the construction of the state system, first passing through the confederate model of state organization, which is the closest to the traditions of the colonial period. However, it failed due to some "defects" of the Articles of Confederation of 1777, the main one being the lack of financial security to pursue union politics. In 1787, the Constitutional Convention drafted a constitution for the United States, with centralism and unitarism prevailing in the discussions, abandoning some of the principles that prompted the Americans to begin the struggle for independence. The Constitution of 1787 and the Declaration of Rights, adopted two years later, put into practice the ideas of the European Enlightenment, supplemented by English parliamentary theory and practice. This creates a solid foundation for the development of the United States and the prosperity of the young "nation."
16
Noble, Gregory W. "What Can Taiwan (and the United States) Expect from Japan?" Journal of East Asian Studies 5, no. 1 (April 2005): 1–34. http://dx.doi.org/10.1017/s159824080000624x.
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In the 1990s and into the new century, increased Japanese sympathy toward Taiwan and antipathy toward mainland China led to a series of moves to improve treatment of Taiwan, including enhanced transportation links, a higher level and frequency of official contacts, posting of a military attaché, and expressions of support for Taiwan's participation in regional and international organizations. Nevertheless, Japan remains firmly wedded to a One China policy that opposes both the use of force by the mainland and a declaration by Taiwan of independence from China. Japan's willingness to cooperate with the United States to defend Taiwan is increasingly in doubt. The sources of Japan's supportive but restrained policy include the decline of traditional ties with Taiwan, the increasing size of the mainland market, and above all a perception of security risks that ultimately diverges sharply from that of Taiwan. Serious cooperation in defense and diplomacy requires shared (or complementary) threats, not just shared adversaries.
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Reck, Andrew J. "The Philosophical Background of the American Constitution(s)." Royal Institute of Philosophy Supplement 19 (March 1985): 273–93. http://dx.doi.org/10.1017/s135824610000463x.
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The Constitution of the United States was constructed by men influenced by fundamental ideas of what a republic should be. These ideas hark back to the ancient philosophers and historians, and were further articulated and developed in modern times. From time to time scholars have sought to collect and reprint selections from the classical, biblical, and modern sources upon which the Founding Fathers fed. Remarkably, however, the best anthology of these sources to understand the republican idea that undergirds the Federal Constitution was prepared on the eve of the Constitutional Convention by John Adams, a signer of the Declaration of Independence, then in London as American envoy to Great Britain and eventually the second President of the United States. I refer to Adams' A Defence of the Constitutions of Government of the United States of America, against the attack of M. Turgot, in his letter to Dr. Price, 22 March, 1778.
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Reck, Andrew J. "The Philosophical Background of the American Constitution(s)." Royal Institute of Philosophy Supplement 19 (March 1985): 273–93. http://dx.doi.org/10.1017/s0957042x00004636.
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The Constitution of the United States was constructed by men influenced by fundamental ideas of what a republic should be. These ideas hark back to the ancient philosophers and historians, and were further articulated and developed in modern times. From time to time scholars have sought to collect and reprint selections from the classical, biblical, and modern sources upon which the Founding Fathers fed. Remarkably, however, the best anthology of these sources to understand the republican idea that undergirds the Federal Constitution was prepared on the eve of the Constitutional Convention by John Adams, a signer of the Declaration of Independence, then in London as American envoy to Great Britain and eventually the second President of the United States. I refer to Adams' A Defence of the Constitutions of Government of the United States of America, against the attack of M. Turgot, in his letter to Dr. Price, 22 March, 1778.
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Kurkin, B. A. "The Religious Roots of the American Concept of Human Rights." Pravo istoriya i sovremennost, no. 3(16) (2021): 017–24. http://dx.doi.org/10.17277/pravo.2021.03.pp.017-024.
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The paper is devoted to the analysis of the primary source of the modern concept of human rights – the United States Declaration of Independence, a document directly related to the “Jefferson’s Bible” quilted by the author of the Declaration T. Jefferson. The author emphasizes that the United States of America were perceived by Jefferson as New Israel, the idea traditionally supported by the dominant US ideology, which determines the nature of foreign policy and the interpretation of international law. Tracing historical dynamics of Jeffersonian ideas, the author briefly analyses the current state of human rights concept in international law in its constant political time-serving changes. The author concludes that the concept of human rights does not have its own ontology, and in modern conditions becomes the basis of the idea of the West exceptionalism in relation to the rest of the world. The article notes that the idea upheld by the West concerning the primacy of human rights over the principle of State sovereignty leads to the collapse of the entire system of international relations and international law and means permanent war.
20
Tastama, Ridho Dwiky. "The Position of Women in International Relationship: A Book Review Gender & Hubungan Internasional, Ani Seotjipto, Jalasutra Bandung, 2013, 320 pages, ISBN 978-602-825-293-5." Journal of Indonesian Legal Studies 4, no. 1 (May 7, 2019): 161–66. http://dx.doi.org/10.15294/jils.v4i01.30175.
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This book also includes various forms of examples of statements of international agreements between countries such as: Singapore Declaration of 1992, Scale of Assessments, Rule of Procedure of the General Assembly, Resolution 1514 (XV): Declaration on the Granting of Independence to Colonial Countries and Peoples, Resolution 1514 (XV): Principles Which Should Be a Guide for Determining whether or not An Obligation Existence to Information of the Charter of the United Nations, and Declaration of Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations. This book explains how to look at international relations in terms of gender as well as feminism, mostly in this book discussing women and their human rights in international relations in the world. The author wrote this book based on his perspective as a subject of women's law to international law. This book uses language that is easily understood and understood by students so it is very helpful in learning activities and very helpful in giving references in making lectures related to international relations.
21
Baker, Charles Richard. "What can Thomas Jefferson’s accounting records tell us about plantation management, slavery, and Enlightenment philosophy in colonial America?" Accounting History 24, no. 2 (May 15, 2018): 236–52. http://dx.doi.org/10.1177/1032373218772589.
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Thomas Jefferson was the third President of the United States of America and the principal author of the Declaration of Independence of the American Colonies from Great Britain. Less well known is that he was a meticulous record keeper. He kept daily records of every receipt and expenditure that he made, no matter how small, for a period of over 60 years. Most of these records have survived and are located in various libraries throughout the United States. Two questions are raised in this article: first, what can Jefferson’s accounting records tell us about plantation management in colonial America? Second, what do these accounting records reveal about Jefferson’s perspectives on eighteenth-century Enlightenment philosophy? This article investigates original archives in an effort to answer these questions.
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Rogers, C. Paul. "Scots Law in Post-Revolutionary and Nineteenth-Century America: The Neglected Jurisprudence." Law and History Review 8, no. 2 (1990): 205–35. http://dx.doi.org/10.2307/743992.
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Little scholarly attention has been paid to the role of Scots law in the development of the post-Revolutionary law and legal system of the United States. This neglect stems largely from the fact that Scots law has had little apparent permanent influence on American law. However, during the “formative era of American law” from the Revolution to the Civil War, a notable effort to introduce America to civil law concepts took place. Furthermore, the impact of the Scottish enlightenment on the fledgling United States in higher education, philosophy, and medicine is well documented. Scottish Enlightenment thought arguably had a significant impact on the Declaration of Independence, which was signed by at least two native-born Scots and an American who was a graduate of the University of Edinburgh.
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THELEN, DAVID. "Making History and Making the United States." Journal of American Studies 32, no. 3 (December 1998): 373–97. http://dx.doi.org/10.1017/s0021875898005945.
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In the Declaration of Independence Thomas Jefferson became the first American to put history to work to create a nation. He blazed a path that historians have been following ever since. Consider the difficulty Jefferson faced. Different events were happening in thirteen intensely local and isolated colonies among people with different traditions, languages, religions, and circumstances. Jefferson turned these scattered events into a national narrative. Behind these individual acts by agents of the British Crown aimed at different colonies was a single menace, Jefferson insisted, that should inspire these isolated individuals to discover and act upon what they shared as bearers of the traditional liberties of Englishmen. To introduce his stunning attempt to fit isolated events into a single narrative, Jefferson began by boldly declaring that it was “necessary for one people to dissolve the political bonds that have connected them with another.” The colonists, Jefferson proclaimed, were “one people.” Jefferson knew that the colonists were not “one people.” But in order to invent one nation, Jefferson had to invent one people, and in order to invent one people Jefferson had to invent one history that might unite that “one people.” It has been hard work ever since.From 1776 until sometime in the 1960s or 1970s, it was possible to believe – indeed, it was hard to question – that nations were, or even should be, the embodiment of people's destinies – that nations could express their identities, solve their problems, and be entrusted with their dreams and fates. The modern practice of history was born a couple of centuries ago to serve this process, to invent narratives and persuade peoples to interpret their personal experiences within national terms and narratives.
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Palley, Howard A. "The White Working Class and the Politics of Race in the United States." Open Political Science 4, no. 1 (January 1, 2021): 174–79. http://dx.doi.org/10.1515/openps-2021-0016.
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Abstract The Declaration of Independence asserts that “All men are created equal, and that they are endowed by their Creator with certain inalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” Nevertheless, the United States, at its foundation has been faced with the contradiction of initially supporting chattel slavery --- a form of slavery that treated black slaves from Africa purely as a commercial commodity. George Washington and Thomas Jefferson, both of whom had some discomfort with slavery, were slaveholders who both utilized slaves as a commodity. Article 1 of our Constitution initially treated black slaves as three-fifths of a person for the purposes of apportioning representation in order to increase Southern representation in Congress. So initially the Constitution’s commitment to “secure the blessings of liberty to ourselves and our posterity” did not include the enslaved black population. This essay contends that the residue of this initial dilemma still affects our politics --- in a significant manner.
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Eden, Paul. "II. PALESTINIAN STATEHOOD: TRAPPED BETWEEN RHETORIC AND REALPOLITIK." International and Comparative Law Quarterly 62, no. 1 (January 2013): 225–39. http://dx.doi.org/10.1017/s0020589312000528.
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On 23 September 2011, Mahmoud Abbas, in his capacity as the Chairman of the Executive Committee of the Palestine Liberation Organization and President of the State of Palestine, applied for full membership of the United Nations (UN) on behalf of the State of Palestine. In his letter of application (addressed to the UN Secretary-General Ban Ki Moon), Mr Abbas made reference to section F of the Plan of Partition in UN General Assembly Resolution 181(II) of 29 November 1947 (where sympathetic consideration of the application for membership of the UN of both the Arab and Jewish States was urged) as well as the Declaration of Independence of the State of Palestine of 15 November 1988 and the acknowledgement by the General Assembly (GA) of this Declaration in Resolution 43/177 of 15 December 1988.1
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Rudnicki, Zbigniew B. "KULTURA I ROZWÓJ JAKO PODSTAWOWE KATEGORIE ODNIESIENIA W TWORZĄCYM SIĘ PRAWIE LUDÓW TUBYLCZYCH." Zeszyty Prawnicze 12, no. 4 (December 15, 2016): 7. http://dx.doi.org/10.21697/zp.2012.12.4.01.
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CULTURE AND DEVELOPMENT AS THE BASIC CATEGORIESOF REFERENCE IN THE EMERGING LAW OF INDIGENOUS PEOPLES Summary In contemporary international relations indigenous peoples constitute particular ethnic communities waiting for a long time for the regulation of their status as subjects of international law. Paradoxically, decolonisation, which helped many colonial societies gain national rights, has not only left the issue of indigenous peoples in countries formerly colonised by the White Man unresolved but has also complicated their status. In practice former colonies such as the United States, Canada, Australia or New Zealand have not regulated the legal status of indigenous peoples, relegating them politically and economically to the margins of society. The rights of indigenous peoples as minority groups living in the former Soviet Union, who are not at all colonial peoples officially, have not been defined either. The category of indigenous peoples now extends to many ethnic groups living in nation-states, who are culturally and linguistically distinct with respect to the dominant segments of the national society. However, assigning the attributes of indigenous peoples to them in the strict sense of the term is questionable and is not dealt with in this article. This article traces the process which leads to indigenous peoples acquiring the status of a fully-fledged subject of international law. It describes attempts that have been made to interpret the rights of indigenous peoples on the grounds of the universal instruments of international law. The principal documents are the Universal Declaration of Human Rights (1948), the Declaration on the Granting of Independence to Colonial Countries and Peoples (1960), the International Convention on the Elimination of All Forms of Racial Discrimination (1966), the United Nations International Covenant on Civil and Political Rights (1966), and finally the Declaration on Principles of International Law Concerning Friendly Relations and Cooperation Among States in Accordance with the Charter of the United Nations (1992). Despite the progress made in granting indigenous peoples their rights with the adoption of the UN Declaration on Indigenous Rights (2007), it is still difficult to talk of full success, i.e. the recognition of the international identity and rights of indigenous peoples on a par with other sovereign nations.
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Akbarzadeh, Shahram. "U.S.-Uzbek Partnership and Democratic Reforms." Nationalities Papers 32, no. 2 (June 2004): 271–86. http://dx.doi.org/10.1080/0090599042000230241.
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In March 2002 the United States and Uzbekistan signed a Declaration of Strategic Partnership. This document marked a qualitative break in the international relations of Uzbekistan and, to some degree, the United States' relations with Central Asia. Uzbekistan had sought closer relations with the United States since its independence in September 1991. But the course of U.S.-Uzbek relations was not smooth. Various obstacles hindered Tashkent's progress in making a positive impression on successive U.S. administrations in the last decade of the twentieth century. Tashkent's abysmal human rights record and the snail's pace of democratic reforms made the notion of closer ties with Uzbekistan unsavoury for U.S. policy makers. At the same time, Washington was more concerned with developments in Russia. Other former Soviet republics, especially the five Central Asian states, were relegated to the periphery of the U.S. strategic outlook. But the dramatic events of September 11 and the subsequent U.S.-led “war on terror” changed the geopolitical landscape of Central Asia. The consequent development of ties between Tashkent and Washington was beyond the wildest dreams of Uzbek foreign policy makers. Virtually overnight, Uzbek leaders found themselves in a position to pursue an ambitious foreign policy without being slowed by domestic considerations.
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Galiahmetov, I. "TERRITORIAL INTEGRITY AND POLITICAL INDEPENDENCE AS A FUNDAMENTAL PRINCIPLE OF INTERNATIONAL LAW." Scientific Notes Series Law 1, no. 13 (March 2023): 129–33. http://dx.doi.org/10.36550/2522-9230-2022-13-129-133.
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This article discusses the list of fundamental principles of the United Nations. The fundamental principles of UN members are: 1) the principle that states refrain in their international relations from the threat of force or its use both against the territorial integrity or political independence of any state, and in any other way incompatible with the goals of the Organization About United Nations; 2) the principle according to which states resolve their international disputes by peaceful means in such a way as not to endanger international peace, security and justice; 3) the principle regarding the obligation, in accordance with the Charter, not to interfere in matters falling within the internal competence of any other state; 4) the duty of states to cooperate with each other in accordance with the Charter; 5) the principle of equality and self-determination of peoples; 6) the principle of sovereign equality of countries; 7) the principle of conscientious fulfillment by the states of the obligations accepted by them in accordance with the Charter. The main attention is paid to the disclosure of the principle of territorial integrity and political independence. The author emphasized that UN member states and international organizations should in every way contribute to the establishment and implementation of the principles approved in the Declaration on the Principles of International Law Concerning Friendly Relations and Cooperation between States in accordance with the Charter of the United Nations (1970). It was noted that the fundamental ideas of the UN member countries are to promote the development of international relations of each member country, not to encroach on independence, democracy, territorial integrity, maximally contractual resolution of disputes that arise, and in the case of non-possibility, normative resolution of such disputes in courts. Violation of UN principles causes a negative reaction from other participating countries. The issue of applying the binding mechanism of the UN General Assembly resolution, which, unfortunately, today, is of a recommendatory rather than an imperative nature, needs to be resolved. It is also worth emphasizing the lack of a mechanism to bring the country, which violates the principles of the UN, to legal responsibility. After all, the absence of an effective mechanism of responsibility causes situations of further violations of international law and avoidance of responsibility.
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Latenko, Volodymyr. "US position towards Congolese Crisis in 1960." American History & Politics Scientific edition, no. 7 (2019): 72–83. http://dx.doi.org/10.17721/2521-1706.2019.07.72-83.
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The article is dedicated to the analysis of the United States attitude towards the appearance of the Republic of the Congo on the world map on the eve of the declaration of independence and at the first stage of the unfolding of events known as the «Congolese Crisis of 1960-1965». The research is based on declassified materials from the State Department of the USA and the Central Intelligence Agency. There were investigated attitudes of American ruling circles towards the emergence and intensification of the communist threat in Sub-Saharan Africa, as well as concrete steps to eliminate it and promote the interests of the United States and their allies. Particular attention was paid to the fight against the political line of the first Prime Minister of the Republic of the Congo, Patrice Lumumba, who was seen in Washington as a leader in the spread of USSR influence in the region. The period from the declaration of independence of the Republic of the Congo to the resignation of the Government of P. Lumumba was singled out as the first stage of the Congolese crisis. It was discovered that in addition to the official foreign policy line, it was realized a number of informal measures and methods of political influence of the US on internal processes in the Republic of the Congo, engulfed by separatist movements and military confrontation of the central government and unrecognized territorial formations, in particular the Katanga State and the Southern Kasai Mining State. In the article there are analyzed plans and programs, developed on behalf of the CIA’s top executives in Washington, aiming to prevent another state from entering the orbit of the outside influence of the Soviet-led Communist bloc with the prospect of further loss of not only a single country in Sub-Saharan Africa.
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Mikhail, John. "The Path of the Prerogatives." American Journal of Legal History 63, no. 3 (September 1, 2023): 196–218. http://dx.doi.org/10.1093/ajlh/njad008.
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Abstract The path of the prerogatives refers to the process by which the royal prerogative powers outlined in Blackstone’s Commentaries entered into American constitutional law. In 1953, Professor William Crosskey opened up a new window into the Constitution when he pointed out that many of Congress’s enumerated powers had been prerogatives of the British Crown. In The President Who Would Not Be King: Executive Power under the Constitution, Professor Michael McConnell takes Crosskey’s observation as a starting point of his own more systematic analysis of how the Committee of Detail divided these prerogative powers between Congress and the President. Yet neither Crosskey nor McConnell focuses much attention on the fact that many of these powers were already delegated to the United States by the Articles of Confederation. Nor do they ask whether the founders conceived of these powers primarily as legislative or executive powers, on the one hand, or government powers, on the other—a critical distinction reflected in the text of the Constitution by the Necessary and Proper Clause. This article investigates these topics by tracing the path of the prerogatives from 1774 to 1776 in the writings of James Wilson, Benjamin Franklin, John Dickinson, and Thomas Jefferson, highlighting the crucial role played by these powers in Wilson’s 1774 essay on the legislative authority of Parliament, the Articles of Confederation, and the Declaration of Independence. The article also discusses two further issues that any adequate theory of presidential powers must confront: the distinction between government powers and executive powers, and the status of the United States as a legal corporation, in which implied powers are vested without needing to be enumerated. Finally, the article points to new evidence indicating that Jefferson borrowed specific language and ideas from Wilson when drafting the Declaration of Independence.
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Graber, Mark A. "Separation Anxieties: A Comment on Weil’s Penalties for the Violation of Separation." Law & Ethics of Human Rights 18, no. 1 (May 1, 2024): 21–28. http://dx.doi.org/10.1515/lehr-2024-2005.
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Abstract Professor Weil’s thesis seems largely correct with respect to the United States, whose law on religious establishment I regularly teach. Funding is central to American debates over religious establishment. The fight over religious establishments in Virginia, which inspired both James Madison’s “Memorial and Remonstrance against Religious Assessments” and Thomas Jefferson’s “An Act for Establishing Religious Freedom,” was over whether persons could be forced to pay taxes to support religious instruction. Financial concerns were at the root of church-state debates in the nineteenth century, when Protestants repeatedly rebuffed Catholics who wanted funding for Catholic private schools. Many state constitutions still have what are known as mini-Blaine Amendments that forbid public funding for religious institutions. Whether proponents of a strong separation between church and state in the United States are fighting the same battles as proponents of a strong separation of church and state in France is nevertheless problematic. The French revolutionaries had to subordinate a reactionary church. The American revolutionaries merely had to negotiate peace treaties among the different sects that supported the Declaration of Independence. Separation of church and state in the United States is best conceptualized as a division of labor among liberal institutions rather than a means for purging anti-liberal religion from the liberal public sphere.
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Bessette, Joseph M. "Founding Republics: The Near Failure of State Governments During the Critical Period (1776-1787)." Tocqueville Review 9, no. 1 (January 1988): 49–62. http://dx.doi.org/10.3138/ttr.9.1.49.
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Eleven years ago America celebrated the two-hundredth anniversary of the birth of the United States, an event that was announced to the world in the elegant phrases of the Declaration of Independence of July 4, 1776. This year we celebrated the bicentennial of the drafting of the Constitution, a task that engaged the considerable talents of a remarkable group of men who began three and one-half months of deliberation 200 years ago this week. Next year we will celebrate the anniversary of the ratification of the Constitution; the following year, the actual formation and beginning of the new government; and finally in 1991, the ratification of the Bill of Rights-the first ten amendments to the Constitution.
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Bessette, Joseph M. "Founding Republics: The Near Failure of State Governments During the Critical Period (1776-1787)." Tocqueville Review 9 (January 1988): 49–62. http://dx.doi.org/10.3138/ttr.9.49.
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Eleven years ago America celebrated the two-hundredth anniversary of the birth of the United States, an event that was announced to the world in the elegant phrases of the Declaration of Independence of July 4, 1776. This year we celebrated the bicentennial of the drafting of the Constitution, a task that engaged the considerable talents of a remarkable group of men who began three and one-half months of deliberation 200 years ago this week. Next year we will celebrate the anniversary of the ratification of the Constitution; the following year, the actual formation and beginning of the new government; and finally in 1991, the ratification of the Bill of Rights-the first ten amendments to the Constitution.
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Haschina, E. E. "Legal Acts on the Independence of the Baltic Republics 1988–1990 As a Basis for Modeling the Secession Prevention Mechanism." Outlines of global transformations: politics, economics, law 14, no. 1 (January 28, 2021): 52–73. http://dx.doi.org/10.23932/2542-0240-2021-14-1-3.
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For modern states, secession is a radical way of resolving the accumulated contradictions between them and the “mother” states, into which they entered for one reason or another. Ever since the adoption of the United States Declaration of Independence in 1776, a kind of tradition of formalizing the secession with a special act of independence has emerged in international law, in which its creators describe the reasons that prompted such a radical decision, declares the supremacy of the legislation of the seceded entity and contains a request for recognition of the sovereignty of the newly formed states from the international community. Analysis of such acts can provide valuable information on the reasons for secession and allow the development of legal mechanisms to prevent it. Within the framework of this work, the acts of independence of the Baltic republics of 1988 – 1990 are considered, adopted during the collapse of the socialist system of Eastern Europe. Being the flagships of this process, Estonia, Latvia and Lithuania in their acts substantiated their choice in the most detailed way, in connection with which the declarations they adopted are of undoubted interest for the researcher. Based on the method of modeling historical processes and the concept of “path dependence”, taking into account the material on the reasons for the secession obtained in the framework of the analysis of acts of independence, an attempt was made to develop a model of “peaceful secession” of the Baltic republics, which would be possible in the case of choosing a different option of behavior at the points bifurcation. The author names the development of a new Union Treaty, reforms of the perestroika period, the choice of the vector of ethno-national policy in the Union republics, the choice of the legal basis and the procedure of secession as the main points of “branching” that open “windows of opportunity” for the Baltic republics. The negative consequences of the current scenario of the development of relations between Russia and the Baltic republics and the advantages of a peaceful resolution of the conflict between the seceding and the “mother” state are described.
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Ker-Lindsay, James. "Between “Pragmatism” and “Constitutionalism”: EU-Russian Dynamics and Differences During the Kosovo Status Process." Journal of Contemporary European Research 7, no. 2 (May 20, 2011): 175–94. http://dx.doi.org/10.30950/jcer.v7i2.336.
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Kosovo’s unilateral declaration of independence in 2008 has been widely regarded as a failure for international diplomacy in general, and for the European Union (EU) in particular. The narrative that has emerged suggests that, rather than taking charge of the situation, the EU was instead a “victim” of external machinations led by Washington and Moscow. This article challenges this view. It argues that, during the status process, it became clear that in the case of Kosovo there was a tension between the constraints imposed by international law on acts of secession and the requirements for stability on the ground. While Russia insisted on the former, albeit for a range of reasons that went beyond upholding international law, the United States placed emphasis on the latter. For their part, the key members of the EU eventually decided that, after having tried to win Moscow over to their position, they too had to ensure regional security; even if this meant circumventing the United Nations and the Security Council and challenging long-standing legal norms and principles concerning the territorial integrity of states.
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Maksymova, Anna. "THE DEVELOPMENT OF AMERICAN ENGLISH: A RETROSPECTIVE ANALYSIS." Scientific Journal of Polonia University 62, no. 1 (July 8, 2024): 74–79. http://dx.doi.org/10.23856/6209.
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The aim of this paper is to identify the influence of the British population and other nations on the formation of the American English language. Dissatisfaction with the church, living conditions in England led to the search for another, more ideal place to live. Coming to the territories of America, the British did not have the perfect British pronunciation, as a result of which dialects prevailed in this territory. In America, preserving the canonical Old English language, American English under the influence of life circumstances, the growing number of emigrants from different countries, and climatic conditions began to gradually change. After the declaration of independence in the USA, the new words were very different from British English. Regionalization influenced the formation of idioms (fixed expressions) that received a regional tone. Phrases that from the point of view of British English are unacceptable and are a complete violation of English grammar are easily used in the USA and are considered acceptable. The declaration of independence of the United States, obtaining political freedom by citizens gave the opportunity to freely use sounds, words, and expressions. However, in general, the American continent is making its own changes in the development of the English language, which are not perceived by the British. The close economic connection between the countries has prevented radical changes in the American English language and promotes intercultural exchange between the countries.
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Bono, Giovanna. "The European Union and ‘Supervised Independence’ of Kosovo: A Strategic Solution to the Kosovo/Serbia Conflict?" European Foreign Affairs Review 15, Issue 2 (May 1, 2010): 249–64. http://dx.doi.org/10.54648/eerr2010018.
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Abstract. This article challenges the dominant view that the European Union (EU) acted as a neutral broker in the negotiations over the Kosovo status issue. It also questions some of the critical arguments that the EU behaved as a neo-colonial power. The article suggests that EU policy towards Kosovo was shaped by a ‘victors peace’ approach but it was non-strategic, that is, it was not based on a long-term assessment of how best to foster reconciliation in the region while at the same time safeguarding the EU’s economic, political and security interests. In fact, although a consensus had emerged in 2004–2005 that appeared to favour an imposed solution around the concept of ‘supervised independence’, this was rivalled by tensions cutting across the traditional ‘Europeanists’ and ‘transatlanticists’ divide. The latter got the upper hand as the Kosovo status issue soon became caught up in the ‘second Cold War’, which is the controversy between the United States and Russia over North Atlantic Treaty Organization (NATO) enlargement and the deployment of the anti-missile defence shield in Eastern Europe. In the short-to-medium term, the EU has, unintentionally, entrenched divisions among local actors, contributed to the proliferation of external security missions with competing objectives and most EU Member States have undermined international law by recognizing Kosovo’s unilateral declaration of independence.
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Inesia-Forde, Angelina. "Reconceptualizing American Democracy: The First Principles." Asian Journal of Basic Science & Research 05, no. 04 (2023): 01–47. http://dx.doi.org/10.38177/ajbsr.2023.5401.
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An outstanding group of leaders left evidence that a richer and more sustainable democracy could be achieved with American independence and democratic principles integrated into a new republican form of government. They were moved by principles that are the very spirit of democracy. These principles are needed to enhance democracy and improve well-being. Using the constructivist tradition of grounded theory and Aristotle’s conception of abstraction, the article proposes a theory of the first principles of democracy based on substantive data: the Declaration of Independence, the Articles of Confederation, The Federalist Papers, and the United States Constitution. Knowledge, fairness, human dignity, hope, unity, and security are the first principles of democracy and are regarded as the bedrock of democracy and a government framework for the people. This theory contributed to a formal model of democratic social change. It also contributes a conceptual framework that supports Solum’s semantic originalism, a theory of constitutional interpretation. The principles of democracy can revitalize democracy and provide new possibilities by protecting education as an innate human right, abolishing capital punishment, criminalizing private prisons on the stock market, and reevaluating the proportionality of prison sentences.
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Kennedy, Joseph. "Power to Pursue Happiness." Daedalus 152, no. 1 (2023): 52–57. http://dx.doi.org/10.1162/daed_a_01960.
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Abstract The Declaration of Independence lists the “pursuit of Happiness” as one of the rights that government is duty-bound to protect. Yet in the United States, decades of conservative and neoliberal policies have made that right illusory for far too many. By several metrics-economic inequality, life expectancy, and the alarming growth in so-called deaths of despair-it has become clear that the government has failed to provide most Americans with a basic level of security, much less with the chance to pursue lives of meaning and connectedness. A major reason for this failure is the distortion of the American political system, which is increasingly beholden to a small minority. We need a renaissance of civic engagement and local activism to challenge the systemic barriers to well-being, restore our democracy, and make our government attentive to public happiness in all its dimensions.
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Zhang, Yixin. "National independence movement and political game of great powers——An analysis of the position of the British Balfour declaration and the reasons for Israel's victory in the second stage of the 1948 war." International Journal of Computing and Information Technology 1, no. 1 (May 29, 2022): 57. http://dx.doi.org/10.56028/ijcit.1.1.57.
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The Middle East issue has always been a hot and sensitive issue in the world. The Contemporary Middle East issue mainly includes the contradiction between Arab and Israel, and the core of the Middle East issue is the Palestinian issue. In the process of the rise and development of Zionism and the establishment of the state of Israel, in addition to the subjective role of the national will and national power of the Jews, the intervention and interference of big powers played an important and sometimes even decisive role. The interference of external political forces can be traced back to the Balfour Declaration issued by the British government. After the Second World War, the Zionists turned to gain support from the United States and Soviet Union and realized their long cherished wish for the establishment of the state of Israel. This paper first analyzes the motivation of Britain to publish Balfour Declaration, and then analyzes the reasons for Israel's victory in the 1948-1948 war. This is the process of Israeli Zionism development and the result of mediation game among political forces.
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Carroll, Clare, Sophie Linehan, Sinead Scott, and Gráinne Quinn. "Children with Down syndrome and their communication partners participating in research about communication." Social Work and Social Sciences Review 22, no. 1 (September 18, 2020): 103–18. http://dx.doi.org/10.1921/swssr.v22i1.1506.
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Even though 2018 marked the 70th anniversary of the United Nation’s Universal Declaration of Human Rights (United Nations, 1948), published research examples which include the voices of children with disabilities are few. In the United Nations Convention on the Rights of the Child (United Nations, 1989), Article 12 states that the child has a right to express an opinion and Article 13 states that the child has the right to express their views. Communication is a fundamental human right, it allows for independence, contributes towards self-esteem and influences an individual’s identity. For those who rely on unconventional methods to communicate, this ‘right’ may be inaccessible due to external barriers such as attitudes or lack of awareness. Because the voices of children with intellectual disabilities have been rarely heard we need to explore ways to make their participation a reality. There is a pressing need to include children with disabilities as participants in research and practice in order to understand their micro- and meso-systems. This paper will share an example where three children with Down syndrome participated in research to share their views. How these children were included in terms of research design, purposeful and snowball sampling and data collection methods will be shared. The discussion in this paper will contribute to the research field where children with disabilities are generally excluded. Therefore, participatory research which includes the voices of children with disabilities is vital. This paper celebrates how children shared their views in research and shares the lessons learned aiming to support further research, policy and practice.
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Nuhija, Bekim. "Is The Principle Of Magna Carta Regarding Religious Liberties Applied In Macedonia?" SEEU Review 11, no. 1 (December 1, 2015): 79–85. http://dx.doi.org/10.1515/seeur-2015-0011.
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Abstract Human rights were analyzed and described in many writings from older times. If we consider their fame and historical value, most important ones are: Great Charter of Freedoms (Magna Carta Libertatum) of 1215, the Law on Rights (Bill of Rights) of 1689, the Declaration of Independence of the United States of America (1776) and the Declaration of the Rights of Man and Citizen (1789). In Chapter 1 of Magna Carta was described the freedom of religion – it established the freedom of the English church from state interference. Today, implementation of this principle, challenges the communities to examine the part they might play in the development of a liberal democracy and to be part of the solution rather than part of the problem in internal and international relations. The restitution of the expropriated congregational properties – concretely of the Islamic Community of Macedonia remains open and can reflect the level of respect of human rights in general and religious and property rights in particular. The aim of this paper is to bring some facts on actual situation regarding the implementation of religious and related rights and discuss the way this principle has found its implementation in Macedonian legislations. Also this paper will seek to identify the problems that occur regarding these rights.
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Caivano, Dean. "The Question of Sharing: Thomas Jefferson and the Idea of Communal Property." Histories 1, no. 3 (June 22, 2021): 85–99. http://dx.doi.org/10.3390/histories1030012.
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Drawing from archival research, this article explores Thomas Jefferson’s understanding of property and his embrace of a political community defined by communal sharing. Tracing the evolution of Jefferson’s view on property holdings from the Anglo-Saxons to the American colonies to his speculative vision of ward republics, this paper argues that fears concerning economic and property inequities in the early republic compelled the principal author of the Declaration of Independence to endorse small, communal experiments. Importantly, this reading of Jefferson problematizes strict liberal or republican interpretations of his thought, further calling into question the philosophical heritage of the American republic. By evaluating personal letters from 1804 to 1824, this article offers an alternative reading of Jefferson, one that carefully showcases his wholly original, compelling, and radical democratic thinking. The significance of this heterodox interpretation has far-reaching implications on our understanding of the foundational principles of the early republic as well as how we address the issue of economic inequality in the modern-day United States.
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Appleby, Joyce. "The Popular Sources of American Capitalism." Studies in American Political Development 9, no. 2 (1995): 437–57. http://dx.doi.org/10.1017/s0898588x00001383.
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Long ago, Louis Hacker noted the anticapitalist bias in American historiography. The tendency of capitalism, particularly marked after the advent of industrialization, to concentrate wealth and to turn that wealth into political power suggests the problem. The Declaration of Independence with its twinned affirmation of equality and liberty provided the ideological underpinnings for national unity. Both seemed threatened during the long transition from an agricultural to an industrial economy as the rich got richer and more and more of America's free citizens were exposed to the unfreedom of the workplace. Progressive historians who systematically analyzed the impact of industrial capitalism in the United States wrote out of sympathy with labor in its struggle for recognition, and no doubt Hacker was thinking of this tendency when he made his remark. This anticapitalist bias in the writing of American history has continued, only now historians decry the steady incursion of commerce and industry out of deference to a traditional way of life.
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The Editors. "Notes from the Editors, May 2015." Monthly Review 67, no. 1 (April 30, 2015): 2. http://dx.doi.org/10.14452/mr-067-01-2015-05_0.
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<div class="buynow"><a title="Back issue of Monthly Review, May 2015 (Volume 67, Number 1)" href="http://monthlyreview.org/back-issues/mr-067-01-2015-05/">buy this issue</a></div>As we write these notes in March 2015, the Pentagon's official Vietnam War Commemoration, conducted in cooperation with the U.S. media, is highlighting the fiftieth anniversary of the beginning of the U.S. ground war in Vietnam, marked by the arrival of two Marine battalions in De Nang on March 8, 1965. This date, however, was far from constituting the beginning of the war. The first American to die of military causes in Vietnam, killed in 1945, was a member of the Office of Strategic Services (a precursor of the CIA). U.S. intelligence officers were there in support of the French war to recolonize Vietnam, following the end of the Japanese occupation in the Second World War and Vietnam's declaration of national independence as the Democratic Republic of Vietnam. The French recolonization effort is sometimes called the First Indochina War in order to distinguish it from the Second Indochina War, initiated by the United States. In reality, it was all one war against the Viet Minh (Vietnamese Independence League). By the time that the Vietnamese defeated the French at Dien Bien Phu in 1954, the United States was paying for 80–90 percent of the cost of the war.<p class="mrlink"><p class="mrpurchaselink"><a href="http://monthlyreview.org/index/volume-67-number-1" title="Vol. 67, No. 1: May 2015" target="_self">Click here to purchase a PDF version of this article at the <em>Monthly Review</em> website.</a></p>
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Fiszer, Józef M. "Ukraina między Wschodem a Zachodem. Stanowisko Polski wobec akcesji Ukrainy do NATO i Unii Europejskiej." Studia Polityczne 48, no. 4 (January 25, 2021): 19–38. http://dx.doi.org/10.35757/stp.2020.48.4.03.
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In this article, the author analyses Ukraine’s international policy and particularly its balancing between the East and the West from the moment of its declaration of independence in 1991 to the present day. He states that Ukraine’s foreign policy fluctuates between Russian (eastern) and transatlantic (western) orientations. In the author’s opinion, this difficult choice is determined by many factors, including historical, cultural, social, economic and international ones. Moreover, the author presents the position of Poland towards this still unsolved Ukrainian dilemma and towards Ukraine’s accession to NATO and the European Union. The main thesis of this article is the author’s conclusion that the imperial international policy of Russia under President Vladimir Putin and the passive stance of NATO, the European Union and the United States have exerted a particular influence on Ukraine’s foreign policy and the position of Poland towards its Euro-Atlantic aspirations. Being afraid of Russia, the West in a broad sense has come to terms with its aggressive policy towards Ukraine and has forgotten about Crimea. It cares about its economic cooperation with Russia more than about the security of Ukraine and Poland.
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Sahidah, Ahmad. "Agama Sipil di Amerika Serikat: Telaah Terhadap Gagasan dan Peran Robert N. Bellah." Simulacra: Jurnal Sosiologi 2, no. 1 (June 30, 2019): 5. http://dx.doi.org/10.21107/sml.v2i1.5517.
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<p><em>This article will unravel the emergence of civil religion in the United States that cannot be separated from America’s long history, since the civil war, the declaration of independence and the influence of enlightenment and Christian values (especially Protestantism) that are deeply embedded in the American people. He was born as a recognition of the highest values, not one of the denominations of Christianity itself. At the same time, as a criticism of the use of religious symbols in official state practice. With the hermeneutic reading of Bellah’s works, it can be concluded that civil religion is inevitable, because each group has a religious dimension. To say that there is no civil religion, is to say that the civitas, the civil order itself does not exist, it should not appear. Each group produces communal symbols and rituals that give instructions and tie them together. Thus, civil religion does not only belong to America, it can belong to other nations in the world.</em></p>
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Tushnet, Mark. "Précis: The Rights Revolution in the Twentieth Century." Israel Law Review 42, no. 3 (2009): 446–63. http://dx.doi.org/10.1017/s0021223700000650.
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The idea of rights has been central to U.S. political and constitutional discourse from the beginning. The Declaration of Independence appealed to “inalienable rights,” and the first amendments to the Constitution were universally described as a bill of rights. Yet, something distinctive appears to have happened to the idea of rights over the course of the twentieth century. By the end of the century, rights-claims were being asserted in locations, such as schools and prisons, where they had not been found at the century's beginning, and they were being asserted on behalf of claimants, such as fetuses and new arrivals to the United States, who were outside the domain of rights earlier. Even the content of rights-claims changed. Much of the Warren Court's work completed a constitutional agenda outlined, albeit unclearly, in the 1940s and early 1950s as part of the New Deal's constitutional vindication. The Warren Court added something new—an emphasis on personal autonomy—to the New Deal's concerns for fairness in the political process.
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AlKhaza’leh, Mohammad Salman. "An Outlook of Each of the Islamic Thought and the Contemporary Global Thought on the Human Concept and Rights." Academic Journal of Interdisciplinary Studies 10, no. 2 (March 5, 2021): 163. http://dx.doi.org/10.36941/ajis-2021-0047.
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This study aimed at identifying the view of Islamic thought and the contemporary global thought on the human concept and rights. It also aimed at highlighting the interest of the Islamic and contemporary thinkers in the human rights area and knowing the way both thinkers meet. The researcher applied the theoretical (comparative) method using both the description and analysis. The study concluded the following results: The contemporary Islamic view of the human concept and rights covered all types of rights, such as freedom of belief and thought, education, right to live, personal freedom, protection of property and honor, child rights, the woman, equality before the law; and fight against the racial discrimination. The study further showed the emergence of originality and independence in the rights and freedoms in Islamic thought and the balance in legislation. On the other hand, the study underscored the convergences of both the Islamic and global thought in the human rights field that emerged in the Islamic Declaration of the Human Rights in 1990. This declaration emphasized the contribution of mankind's efforts that are related to human rights, which aim at protecting the human against exploitation and persecution and ensure his freedom and right to a decent life. All these provisions and principles are in agreement with the Islamic Sharia (law), which indicates that many of these principles are deeply rooted in Islamic thought. The study also emphasized that human rights in global thought are of great importance, at the level of peoples, states, and international organizations. The Universal Declaration of Human Rights, which was issued by the General Assembly of the United Nations on Dec. 10, 1948, is a culmination of the Western civilization and the efforts of the thinkers and reformers in it. The declaration provided that "forgetting" or neglect of human rights led to barbaric acts that hurt the human conscience.
Received: 19 December 2020 / Accepted: 4 February 2021 / Published: 5 March 2021
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Johnstone, Rachael Lorna. "From the Indian Ocean to the Arctic: What the Chagos Archipelago Advisory Opinion Tells Us about Greenland." Yearbook of Polar Law Online 12, no. 1 (December 13, 2021): 308–27. http://dx.doi.org/10.1163/22116427_012010019.
Full textAbstract:
On February 25, 2019, the International Court of Justice issued its advisory opinion on Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965. The judges held by a majority of 13:1 that the process of decolonisation of Mauritius is incomplete, owing to the separation of the Chagos Archipelago shortly before Mauritian independence, that the United Kingdom should end its administration of the Chagos Archipelago as rapidly as possible, and that all Member States of the United Nations should cooperate to complete the decolonisation of Mauritius. The (partial) decolonisation of Mauritius in 1968 and the treatment of the Chagos islanders (Chagossians) have important parallels with the purported decolonisation of Greenland in 1952–54. In both cases, the consultative body of the colonised people was neither fully independent nor representative of all the people concerned. No real choice was given to either body; rather the colonial power offered only the continuation of the status quo or professed self-determination on terms defined by the colonial power itself. Furthermore, the process of decolonisation was inherently linked to the forcible transfer of people in order to make way for a United States military facility. Nevertheless, there are some relevant differences. First of all, Greenland was purportedly decolonised in 1953, some seven years before the UN General Assembly Declaration on the Granting of Independence to Colonial Countries and Peoples (UNGA Res. 1514(XV) 1960). Second, the UN General Assembly accepted the Danish government’s representations regarding the full decolonisation of Greenland (UNGA Res. 849 (1954), in contrast to their position regarding Mauritius that decolonisation was and remains incomplete, owing to the separation of the Chagos Archipelago (UNGA Res(XX) 1965). Third, though the Chagossians have been recognised as indigenous at the UN, the British government has continually denied this status and (mis)characterises them as a transient people, while Denmark has accepted the status of the Greenlanders as both an indigenous people and a colonial people, entitled to self-determination. This article examines the implications for the judgment for the Greenland case as well as broader questions of self-determination of peoples. It concludes that the colonial boundaries continue to govern in decolonisation cases, with the consequence that the Greenlanders are likely to be held to be a single people; that the erga omnes character of the right to self-determination means that all States must cooperate to facilitate Greenlanders’ choices for their future; and that there remain significant procedural hurdles that prevent colonial and indigenous peoples having their voices heard, even in the matters that concern them most of all.