Foreign Authority Research Articles

Modernizing Classical Poetics and Cultural Traditions: Wu Mi's Enterprise of Rewriting George Gordon Byron

Modernizing Classical Poetics and Cultural Traditions: Wu Mi's Enterprise of Rewriting George Gordon Byron

Explaining Interactions Between Malaysia’s Dewan Rakyat and Foreign Affairs: A Study of Parliamentary Behaviour Between 1959 and 2019

Interactions and power relations between the Malaysian Parliament and foreign affairs have long been neglected by academics. This article is an attempt to fill this gap. The Malaysian Parliament, being the highest legislative authority in the nation, is empowered to enact laws related to foreign and security affairs as well as hold the government to account. Drawing on Philip Norton’s discourse on power relations between parliamentarians and the legislature, this article argues that Malaysian parliamentarians’ check and balance over the executive’s foreign authority is minimal due to a weak parliamentary institution compared with its British counterpart. The best the parliamentarians can achieve is to induce the government to pay attention to their concerns, while a second option is to make foreign issues the business of parliament through tabling adjournment motions to dictate the agenda. There was only one successful instance of a parliamentary intervention in stopping a military asset procurement.

Counteracting the Extraterritorial Jurisdiction through Refusing Recognition and Enforcement

In China’s development in foreign business, companies are suffering losses which British and European companies have experienced as well decades ago from the United States extraterritorial jurisdiction, effective countermeasures are needed badly. UK and EU respectively adopted blocking statutes to counteract in last century. Though both are blocking statutes, they have different aims and targets, they’re respectively against two kinds of extraterritorial laws. Countermeasures set therein can be concluded to three: refusing the effects of foreign judgments and orders from foreign authority, recovering the damages from specific awards and prohibiting the providing of information to foreign authority. This article mainly discusses the first countermeasures through comparing existing Chinese one with EU and UK. The adoption of “the Rules on Counteracting Unjustified Extraterritorial Application of Foreign Legislation and Other Measures” is China’s first try in blocking statute, which absorbs some experience therefrom but also leaves some gaps. Through comparative analysis this article aims to provide for advice on this matter.

Wkład Alfonsa V Wspaniałomyślnego w upowszechnienie katalońskich zwyczajów kulinarnych w Królestwie Neapolu w XV wieku

Contribution of Alfonso V the Magnanimous to the Popularization of Catalan Culinary Customs in the Kingdom of Napl es in the 15th century 
 The wars for Naples ended in 1442 with the victory of Alfonso V the Magnanimous, the ruler of the Crown of Aragon (1416–1458). The emergence of foreign authority in southern Italy entailed the transfer of the Catalan culture, language and customs to the area of Italian Mezzogiorno. In this process, Catalan culinary traditions which developed at the end of the fourteenth century also occupied an important place. One of them was a separate sweet snack, referred to by the Catalan term col·lació (collatio in Latin). The organization and celebration of col·lació became an important form of ostentation for the Catalan ruling and financial elites. In this article, the author discusses excerpts from historical sources whose authors include, among others, Antonio Beccadelli, Jordi de Centelles, Vespasiano da Bisticci, Giovanni Pontano, as well as the ambassadors of Barcelona and Portugal and other anonymous authors writing about the times of Alfonso V the Magnanimous. The data provided by these sources clearly indicate that this ruler followed the custom of eating sweet colazione known in Italy at this time and gave it a new meaning at least as early as in the 1440s. Thanks to this ruler of Aragon and new Neapolitan king, the sweet snack became one of the instruments of the ostentation of wealth and prestige for the new rulers of the southern part of Italy and soon after also for other princes and lords of the area.

A Global Community of Courts? Modelling the Use of Persuasive Authority as a Complex Network

There is a growing discussion in the legal literature of an emerging global community of courts composed of a network of increasing judicial dialogue across national borders. We investigate the use of foreign persuasive authority in common law countries by analyzing the network of citations to case law in a corpus of over 1.5 million judgments given by the senior courts of twenty-six common law countries. Our corpus of judgments is derived from data available in the vLex Justis database. In this paper we aim to quantify the flow of jurisprudence across the countries in our corpus and to explore the factors that may influence a judge’s selection of foreign jurisprudence. Utilization of foreign case law varies across the countries in our data, with the courts of some countries presenting higher engagement with foreign jurisprudence than others. Our analysis shows that there has been an upward trend in the use of foreign case law over time, with a marked increase in citations across national borders from the 1990s onward, potentially indicating that increased digital access to foreign judgments has served to facilitate and promote comparative analysis. Not only has the use of foreign case law generally increased over time, the factors that may influence the selection of case law have also evolved, with judges gradually casting their research beyond the most influential and well-known foreign authorities. Notwithstanding that judgments emanating from the United Kingdom (chiefly from the courts of England and Wales) constitute the most frequently consulted body of jurisprudence, we find evidence that domestic courts favor citing the case law of countries that are geographically proximal.

Being active Muslim audiences: reception of Thai films in Indonesia

Most studies on media in Indonesia have tended to support the concept of passive audiences. This article aims to explain the reception of young Muslims in Thai films. Thai films are consumed by young Indonesian Muslims recently. The research question proposed is how these Muslim audiences respond and interpret messages and representations of Thai films and the extent to which their Islamic background affects this reception. This article employs interviews and observations to gather data. This study finds that the consumption of young Indonesian Muslims in Thai films supports the concept of active audiences because audiences can select those products based on their interest. These more active audiences use laptops or mobile phones to watch Thai films they like. Furthermore, Indonesian youth do not passively receive all representations of Thai films. This study recommends two points. First, in this global era, the restrictions of consumption on foreign cultural products, both from religious and state authority, are unnecessary. This is because audiences can select and negotiate representations of cultural products. Second, television stations need to provide a new medium in which audiences can actively choose television programs based on their own schedule, not a fixed schedule decided by the television producer.

Keep it in house or sell it abroad? A framework to evaluate fairness

This paper explores a problem faced by many coastal states worldwide: Should the rights to fish in their exclusive economic zones be attributed to national firms or sold to foreign countries/firms? The European Union for instance, with the so-called Sustainable Fisheries Partnership Agreements gives financial and technical support to developing countries in exchange for fishing rights in their jurisdiction. In order to understand and quantify the basis upon which those agreements are drawn up, we propose a framework based on a multistage game that can be used as a tool to evaluate the fairness of natural resource agreements in general, including fishery ones. By capturing how much it is worth for coastal states to give access to their fishery resources to foreign fleets, this framework can help authorities to decide on a fair sharing of resource rents during negotiations.The problem is addressed through a two-country game, in which “home” represents the resource owner, and “foreign” the one that seeks access to the resource. In each country, there are two decision makers: authorities and harvesting firms. Two markets for selling the resource are considered, one at home and one abroad, where prices are determined endogenously.We begin with the case of exogenous quotas. In a symmetric equilibrium, both firms are active when the foreign authority maximises welfare, but only the home firm is active when it maximises profit. Under cost asymmetry, the home authority has a pool of mutually exclusive price strategies that depend on market conditions and induce a plethora of outcomes. When quotas are endogenous, the shape of optimal price regions changes and the distinct number of pricing options increases.

Politics and the Rule of Law in Transnational Judicial Governance: The Case of Forum Non Conveniens

Domestic courts play an important role in the regulation of economic activity, which I refer to as transnational judicial governance. However, because judicial politics scholars have focused primarily on matters of domestic policy and international relations scholars have virtually ignored domestic legal institutions, we have very little knowledge about how domestic courts behave as global governors and why. In particular, are the determinants of domestic court decisionmaking in judicial governance primarily political, as leading theories of judicial decisionmaking and international relations would suggest? Or, given the distinct nature of domestic courts as legal institutions, is judicial governance instead based on the rule of law? To answer this question, this paper focuses on one important example of judicial governance decisionmaking: the choice between the assertion of domestic adjudicative authority and deference to foreign adjudicative authority over activity based on the doctrine of forum non conveniens. Drawing on theories of judicial decisionmaking, international relations, private international law, and bounded rationality, and using statistical and qualitative analysis of an original dataset of over 200 forum non conveniens decisions in U.S. district courts, I test a series of hypotheses about the political and rule-of-law factors that determine the choice between domestic and foreign adjudicative authority. I find that rule-of-law factors predominate. Although U.S. district court judges are more likely to defer to foreign governance authority if the foreign state is a liberal democracy, Republican judges are no less likely than Democratic judges to defer to foreign governance authority; and the most important factor appears to be the use of a particular decisionmaking shortcut or heuristic that allows judges to make legally competent choices between domestic and foreign authority while conserving scarce decisionmaking resources.

International Cooperation and Negotiated Settlements for Transnational Bribery: A Study of the Odebrecht Case

Abstract Transnational regulation of bribery involves several increasingly complex forms of cooperation among enforcement authorities. International investigative cooperation allows a foreign authority to assist another on criminal and/or civil investigations, through requests of mutual legal assistance, rogatory letters, as well as joint investigative teams. Sanction-based cooperation helps different authorities to transfer or extradite persons and recover proceeds of corruption to the victims. More recently, there has been a rise in cooperation in negotiated settlements with the accused. Settlement cooperation may entail joint resolutions or the coordination of settlement clauses. This paper focuses on how these three modes of cooperation intersect in cases with successive negotiated settlements. We use the Odebrecht case settlements to unpack the relation between investigative, sanction-based, and settlement cooperation in three case studies: the joint resolutions between the company and Brazil, Switzerland, and the United States, as well as two local agreements with the Dominican Republic and with Peru. We evidence how these modes of cooperation can reinforce or undermine one another. Beyond illustrating different cooperation dynamics, we also explore the role of sequencing. The existence of a previous joint resolution affects the developments of the subsequent agreements, but in different ways from those previously mapped by the literature.

La protección consular como derecho humano, a la luz de las Reformas Constitucionales y el Derecho Internacional

El artículo tiene por objeto brindar al lector la información necesaria, sobre la definición de protección consular, función consular a la luz de las Reformas Constitucionales en Materia de Derechos Humanos del 10 de Junio de 2011,en México, a quien corresponde velar por el respeto, protección y salvaguarda de los Mexicanos en el exterior, cuando enfrenten algún problema de diversa índole y no tengan posibilidad de acudir de manera inmediata ante alguna Autoridad extranjera; la función Consular que se traduce en la asistencia que brinda el Estado a sus nacionales fuera de su territorio, mediante las Oficinas Consulares acreditadas en otro Estado. Esta protección abarca a los migrantes arrestados, en prisión bajo custodia por las Autoridades de otro Estado. Los Extranjeros en general deben ser informados sin dilación por el Estado receptor sobre el derecho que tienen de comunicarse con sus Autoridades Consulares (Artículo 36.1 de la Convención de Viena sobre relaciones Consulares de 1963). Ejemplo Turistas Mexicanos que viajan a países del Medio Oriente, Europa, etc. donde en ocasiones se pueden presentar actos de tipo terrorista, guerras, bombardeos, enfrentamientos de grupos extremistas y radicales o pandemias mundiales como el reciente Virus Sars Cov-2, en los que se pone en peligro la vida y la seguridad de las personas que acuden a visitar dichos países o inclusive, estudian o trabajan temporalmente en esos lugares. Así como integrar de manera clara aquéllos que se encuentran tutelados en los Tratados Internacionales de la materia que México haya suscrito.

La determinación de la filiación en situaciones transnacionales: cuestiones prácticas

Los problemas que suscita en la práctica el establecimiento de la filiación se acrecientan en supuestos transfronterizos, debido a los diferentes elementos internacionales que presentan este tipo de situaciones. La cuestión puede dar lugar a mayores dificultades cuando la filiación viene establecida por una autoridad extranjera y no ha accedido al Registro Civil español. Más aún, si existe contradicción entre la filiación establecida en virtud de inscripción registral extranjera y la que consta en el Registro Civil español. En estos casos cabe preguntarse cuál será la ley aplicable al establecimiento de la filiación y si es posible otorgar algún efecto a la documentación registral extranjera.

Las dinámicas fronterizas en el siglo XX-XXI: un espejo de la evolución del orden mundial

El artículo analiza las dinámicas fronterizas desde el comienzo del siglo XX a través de una revisión bibliográfica apoyada en el análisis de datos cuantitativos y dos casos de estudio.La tesis central es que existe un conflicto entre las fronteras culturales y las político-territoriales, desafiando los límites geográficos reconocidos oficialmente. La frontera político-territorial es un fenómeno jurídico, una demarcación lineal que establece los límites espaciales dentro de los cuales el estado nación ejerce la soberanía de forma exclusiva, eficaz, autónoma respecto al exterior y bajo el reconocimiento de la legislación internacional. La frontera cultural es un fenómeno histórico que responde a hechos vitales y no a una construcción jurídica ni política ni intelectual. Podemos definirla como un área sociocultural habitada por una población que comparte una serie de elementos simbólicos, costumbres y valores. La gestión del conflicto entre los dos tipos de frontera depende de los desarrollos históricos que tienen lugar en el ámbito de las relaciones internacionalesNuestra tesis muestra que dichas dinámicas pueden articularse en torno a tres ejes. El primero está guiado por el auge del proceso globalizador y la consecuente apertura de fronteras. La apertura de fronteras puede definirse como el aumento en la porosidad de los símbolos, costumbres y valores compartidos en un área sociocultural respecto a los del exterior y/o la disminución de barreras al tránsito físico. Se le contrapone otro eje que lleva al cierre de fronteras, espoleado por los procesos de descolonización, la disolución de la URSS y el resurgir del nacionalismo. El cierre de fronteras se define como la disminución de la porosidad fronteriza o el aumento de las barreras al tránsito físico. El tercer eje está marcado por las disputas territoriales, fundadas sobre diferencias culturales, que llevan a intentar modificar las fronteras oficiales. La modificación de fronteras se da bien cuando un estado nación busca alargar la línea fronteriza que delimita el área bajo su soberanía o un grupo sociocultural trata de delimitar un territorio soberano frente al exterior, bien cuando un área sociocultural definida se expande o retrae sea por el auge o decline de su cultura sea por el del grupo humano que la representa.Los acontecimientos históricos para el análisis de los tres ejes citados provienen de fuentes bibliográficas, periodísticas y de bases de datos. Además, mostramos como la teoría se plasma en dos casos de estudio actuales, el independentismo catalán y el intento venezolano de crear un nuevo poder regional en el Caribe.

The direct election of senators and the emergence of the modern presidency

AbstractResearch on presidential power delineates between a modern era of relative autonomy and an earlier period of congressional dominance. What drove this change? Unlike prior arguments about presidential entrepreneurship and the rise of the United States as a global power, we attribute the emergence of the modern presidency partially to an institutional change—the adoption of direct election of senators that culminated in the 17th Amendment. With direct election, senators were selected by individual voters rather than state legislators. These senators answered to a new principal—the general public—that was (in the aggregate) less informed and less interested in foreign policy. As a result, senators had less incentive to constrain presidential foreign policy preferences. We find evidence for this shift in the relationship between the piecemeal adoption of direct election and senate votes to delegate foreign policy authority to the executive. The implication is that the direct election of senators played an underappreciated role in the emergence of the modern presidency.

The History of Comity

This article explores the history of comity through events and the ideas of those who most influenced its development. By doing so, a number of important aspects may be revealed about the principle which have been hidden from view. This may shed new light on comity and open the door to new ways of thinking about the principle. Comity was created to resolve the vexed question of how, and under what circumstances, sovereign States ought to recognize each other’s authority. Although originally developed as a means to facilitate international trade and commerce, it became a principle of justice. States act with, or ought to act, with comity because the recognition of foreign authority will, in many cases, be the most just exercise of their own. The principle embodies the idea that whereas every State is sovereign, often the most just exercise of one State’s own authority will in fact be to recognize the authority of another.

The Paris Paradigm

Global public discourse asserts that the Paris Agreement represents an irreversible turning point in the fight against climate change. The public outcry was correspondingly great when the Trump administration announced its intention to abandon the Paris Agreement. The Trump administration since has acted swiftly to repeal key regulations promulgated to implement U.S. Paris commitments, chief among them the Clean Power Plan. Problematically, the U.S. constitutional law literature on the Paris Agreement so far submits that neither the Paris Agreement nor commitments made pursuant to the Paris Agreement are an impediment to this policy reversal by the Trump administration. This directly contradicts the global expectation of what was achieved at Paris. The Article submits that the existing constitutional law literature incorrectly treats the Paris Agreement as a purely procedural executive agreement. The Article relies upon transnational law theory to show that the Paris Agreement and action taken pursuant to it instead constitute a global governance network. The Article then develops a “Paris Paradigm” governing presidential authority to commit the U.S. in such global governance networks. The Article uses the under-theorized category of implied Congressional delegation of foreign affairs authority in Youngstown to shows that the President has the authority to enter into, and unilaterally to make commitments within, such a global governance networks in reliance upon domestic rulemaking authority. The President must however act with constitutional good faith to make and such commitments. The Article concludes that the Paris Paradigm has important repercussions for attempts by later administrations to undo administrative rules that support global governance commitments (such as the Clean Power Plan). Statutory canons of construction presume that acts of Congress comply with U.S. international legal obligations. This presumption requires that administrative agencies may not rely upon statutory authority to repeal a rule when doing so would violate an international legal obligation of the United States. To repeal or replace regulations promulgated as part of a global governance network commitment, a later administration thus has to show that the original regulation fell outside the good faith regulatory authority of the agency promulgating it or that the new proposed rule continues to meet existing global governance commitments. Reconceived as a global governance network, the Paris Agreement therefore represents a paradigmatic impediment to current efforts by the Trump administration to repeal regulations such as the Clean Power Plan.

A Sociological Radiography of the Communist Movement from 1921-1923

:In this article I approached the emergence and Comintern origins of the Communist Party of Romania.The conflict between communist leaders and the Romanian State authorities started from the critical Movement position towards the Great Union on 1st of December 1918. Among other causes that led to the conflict was the affiliation of the new party to Comintern. The party subordination to a foreign authority involved a new dilema regarding the sociological concept of political party. In this sense, the research goals were determined by analyzing two factors: a. Comintern beginnings of PCdR; b. the position taken by founding leaders towards the Great Union from 1921 – 1923. As part of the research, I conducted three analysis sets: a. a documentary analysis of the files present in the National Archives of the State; b. a leadership analysis of three key-personalities, who played an important role in the movement’s rise; c. A secondary analysis which for I consulted various articles, books and important studies directly related to this subject.

The Limits of Foreign Authority: Publicity and the Political Logic of Ambivalence in Postwar Bosnia and Herzegovina

AbstractThis article explores the ambivalent forms of authority and legitimacy articulated by the Office of the High Representative of the international community in postwar Bosnia and Herzegovina. The High Representative exercised quasi-sovereign powers that placed his position at the center of two contradictions: a democratization paradox of “imposing democracy,” that is, promoting democracy through undemocratic means, and a state-building paradox of building an independent state by violating the principle of popular sovereignty. I analyze the Office's use of mass-mediated publicity to show how the High Representative sought to legitimize his actions in ways that both sustained the norms of democracy and statehood he advocated and suspended the contradictions behind how he promoted them. In doing so, he claimed that Bosnia was caught in a temporary state of exception to the normal nation-state order of things. This claim obliged him to show that he was working to end the state of exception. By focusing on one failed attempt by the OHR to orchestrate an enactment of “local ownership” that was aimed at demonstrating that Bosnia no longer required foreign supervision, this article identifies important limits to internationally instigated political transformation. It offers a view of international intervention that is more volatile, open-ended, and unpredictable than either the ordered representations of the technocratic vision or the confident assertions that critique international intervention as a form of (neo)imperial domination. It also demonstrates the analytic importance of publicity for the comparative study of international nation-building and democratization in the post-Cold War era.

Cross-Border Regulatory Spillovers: How Much? How Important? What Sectors? Lessons from the United Kingdom

This paper forms the United Kingdom’s contribution to the International Banking Research Network’s project examining the cross-border spillovers of prudential policy actions, where each participant in the network uses proprietary bank-level data available to central banks. We examine whether UK-owned banks’ domestic lending is affected by prudential actions in other countries where they have exposures. We also examine the impact of a change in prudential policy in a foreign-owned UK-resident bank’s home jurisdiction on its lending to the United Kingdom. Our results suggest that prudential actions taken abroad do not have significant spillover effects on bank lending in the UK economy as a whole. But there are more granular effects: for instance, when a foreign authority tightens loan-to-value standards, UK affiliates of banks owned from that country expand their lending to UK households and corporates.

A European Story

The decision of the Supreme Court in RJR Nabisco v. European Community is the culmination of sixteen years of litigation, preceded by years of investigation. From a European perspective, the decision can only be read as a disappointment: “we” tried, “we” lost. But beyond the frustration with the outcome, this European take on the RJR decision will focus on two questions: (i) why did the European Community decide to bring proceedings in the United States in the first place; and (ii) what would happen in the reverse scenario, if a foreign public authority or a private plaintiff were to bring suit in the European Union? Answering these two questions casts RJR in a slightly different light and offers an interesting picture of the wider political and regulatory context in the European Union.

Traveling through Liminal Space

This autoethnography describes a moment in my two-year experience with United States immigration. Using postcolonial theory, I illustrate the liminal spaces between a comfortable identifiable life and bureaucratic processes of immigration services. During appointments at a U.S. consulate, I found myself struggling with identity confusion and feelings of Otherness as a legally dependent spouse to a Middle Eastern man. My former perspectives as a Western professional female were challenged because they did not comply with cultural norms posed by immigration services. This forced me to closely examine how my lifestyle deviated from normative expectations of heteronormative relationships and Western female identity. Thematizing identity negotiations and the shifting of my positionalities in a space of foreign authority may illustrate the inner struggles of helplessness and frustration and the removal of cultural privileges. Data were collected from personal journal entries and reflexive subjective analytic memos to employ an autoethnographic methodology.