Foreign Heads Of State Research Articles

Revisiting personal immunities for incumbent foreign heads of state in South Africa in light of the Grace Mugabe decision

In the Grace Mugabe decision in which the conclusion was arrived at that Grace Mugabe was not entitled to spousal immunity by virtue of being the wife of the then incumbent foreign head of state, Vally J remarked that the late former President Mugabe would not have been entitled to immunity had he been accused of committing the assault. This article analyses this remark and its potential negative impact on South Africa's relationship with other African states. The analysis is valuable as South Africa has positioned itself as being a human rights state that strives to play a significant role in peace making in Africa and consistently has argued that removing customary international law immunity, to which foreign heads of state are entitled, may undermine these intentions. The article examines South Africa's position on personal immunity for foreign heads of state in customary international law against the backdrop of the Mugabe decision. It argues that as it currently stands South African law recognises absolute personal immunity for foreign heads of state in cases not relating to the perpetration of international crimes.

Actor diversity (News Performance)

Field of application/theoretical foundation: Analyses of actor diversity are theoretically linked to news performance and the democratic media function of integration (Imhof, 2010). This construct is related to the normative assumption that news content should represent society as a whole and thus cover a large variety of societal groups (Boydstun et al., 2014). More recent studies also focus on the influence of algorithms on news diversity (Möller et al., 2018). Analyses are often carried out in three steps. First, all actors are (inductively or deductively) identified. Second, actors are coded according to predefined lists. Third, the level of diversity is determined using diversity indices (van Cuilenburg, 2007). Diversity indices are calculated at article level (internal diversity) or at the organizational level (external diversity) to compare diversity between news articles of a single outlet or between different news outlets. References/combination with other methods of data collection: Studies on actor diversity use both manual and automated content analysis to investigate the occurrence of actors and in texts. They use inductive or deductive approaches and/or a combination of both to identify actor categories and extend predefined lists of actors (van Hoof et al., 2014). Example studies: Masini et al. (2018); Humprecht & Esser (2018) Table 1. Summary of studies on actor diversity Author(s) Sample Unit of Analysis Values Reliability Masini et al. (2018) Content type: news about immigration Outlet/ country: 2 news outlets in four countries (BE, DE, IT, UK) Sampling period: January 2013 to April 2014 Sample size: N=2490) Unit of analysis: news article No. of actors coded: max. 10 quoted or paraphrased actors per article Level of analysis: article and news outlet level Diversity measure: Simpson’s diversity index National politics, international politics, public opinion and ordinary people, immigrants, civil society, public agencies/ organizations, judiciary/police/military, religion, business/corporate/finance, journalists/ media celebrities, traffickers/smugglers Krippendorff’s alpha average ?0.78 Humprecht & Esser (2018) Content type: Political routine-period news Outlet/ country: 48 online news outlets from six countries (CH, DE, FR, IT, UK, US) Sampling period: June – July 2012 Sample size: N= 1660 Unit of analysis: Political news items (make reference to a political actor, e.g. politician, party, institution in headline, sub?headline, in first paragraph or in an accompanying visual) News items are all journalistic articles mentioned on the front page (‘first layer’ of the website) that are linked to the actual story (on second layer of website) No. of actors coded: Max. 5 main actors (mentioned twice) per news item measured Level of analysis: news outlet level Diversity measure: relative entropy Executive (head of state and national government), legislative (national parliament and national parties), judicial (national courts and judges), national administration (prosecution, regional government authority, and police or army), foreign politicians (foreign heads of state and other foreign politicians), and international organizations (supranational and international organizations) Cohen’s kappa average ?0.76

Historical and Human Rights Perspectives on the Dutch Ban on Insulting Foreign Heads of State

Historical and Human Rights Perspectives on the Dutch Ban on Insulting Foreign Heads of State

The art of diplomatic protocol as tool of business communication

Problem setting. At the present stage of development of international relations, more and more diplomatic negotiations are taking place and a large number of international agreements are being concluded, so for the successful and effective functioning of the state foreign policy mechanism many tools are needed, each of which sets the mechanism in motion. However, the issues of gift literacy and their conceptualization of the role as a tool of diplomatic protocol in the implementation of international contacts of bilateral and multilateral nature remain unexplored. Analysis of resent researches and publications. The following scientists were engaged in research of the specified question: Ukrainian scientists – O. Sagaidak, G. Rudenko, Polish – L. Ikanovich, J. Picarsky, T. Orlovsky, English – John Wood, Jean Serre and others. The target of research is to study the essence of diplomatic protocol and etiquette on the example of gift literacy as a special tool for establishing relations in international cooperation, as well as outlining the realities of regulating this procedure and determining the practical side of the gift process in the context of diplomatic relations. Article’s main body. In the article investigated the essence and genesis of the practice of applying the diplomatic protocol in multilateral diplomacy for political purposes. It is argued that some protocol aspects of a multilateral meeting may be subject to political manipulation, and their behavioral influence on decision-makers is used. The importance of using gifts at the present stage of diplomacy development as one of the political tools that is subordinated to foreign policy goals is determined. The gifts received during the working trips of the presidents of the countries reflect the current state of development of the states, cover meetings and communication with the population, outline the professional and political interests and priorities of the states. The exchange of memorable gifts and souvenirs is carried out in the protocol order or by agreement of the parties in a solemn atmosphere as a separate protocol event within the framework of the state visit of the head of a foreign state. Examining the gifts, you can determine the geography of official visits of high-ranking officials, the current state of development of states, assess the outcome of meetings and communication with the population, learn about professional and political interests and priorities of states. In the protocol practice of most countries, strict cost limits have been introduced for gifts given or received by senior officials. Conclusions and prospects for the development. Gift literacy is one of the modern tools of diplomatic protocol, and the rules for choosing diplomatic gifts are a science, the basic principles of which have changed and improved over the centuries and to this day. Gifts from foreign heads of state, representatives of international organizations and business circles represent the donor country, reflecting customs, culture, government.

Application and Repeal of the Offence of Insulting Foreign Heads of State: The Böhmermann Affair

Application and Repeal of the Offence of Insulting Foreign Heads of State: The Böhmermann Affair

Revival of “Dollar Diplomacy” As United States Foreign Economic Policy in 2017: Tradeoffs Exchanged to Maintain Trade and Restore Peace Along the Tottering Western Pacific Rim

Background, Objectives and Goals: From their auspicious meeting at the “Southern” White House, Mar-a-Lago, West Palm Beach, Florida on 5-6 April 2017, U.S. President Donald J. Trump and China’s President Xi Jinping seem to have struck up a friendship accord intended to maintain, hopefully augment, Western trade with China and in the process diffuse burgeoning tensions along the Western Pacific rim caused by aggressive rhetoric and belligerent behavior of Kim Jong-Un, leader of the “Democratic” People’s Republic of Korea [North Korea]. In the process, the United States appears to be recasting its foreign economic policy as a return to “Dollar Diplomacy,” the hallmark of American foreign policy during the William Howard Taft presidency (1909 – 1913), mostly out of favour since then until the present moment. An objective of this paper is to clarify and articulate characteristics of “Principled Dollar Diplomacy” in the 21st century compared with its 20th century counterpart, to identify what will be its objectives and goals, then to assess the viability and sustainability of the same globally but especially along Asia’s Western Pacific rim, connecting to South and West Asia then Europe along the ancient “Silk Road” of Eurasia as an integral part of President Trump’s “Principled Realism” in foreign policy. Methods: Literature reviewed include historiographical documents reflecting both the current state of, and recent changes to, United States foreign economic policy globally, termed “Principled Realism” by President Trump as it interfaces foreign economic policy with foreign security policy, focusing particularly on what appears to be a tottering Western Pacific rim of mainland Asia, fragmented by hostile rhetoric, nuclear threats, China’s unilateral South China Sea domination. Government reports by individual countries and trading partners plus journalistic accounts, together with diplomatic interviews have been reviewed. Attention is directed to changes in trade volume involving trading partners generally, together with trade values of both imports and exports across the first six months of the Donald Trump administration compared to similar periods in administrations of former American presidents from Theodore Roosevelt to Barrack Obama. Presidential rhetoric will be analysed as communicated to three categories of recipients: foreign heads of state or heads of government, United States business leaders, the global general public. Some historical records are included, comparing Chinese maritime belligerence along the Western Pacific rim with similar activities engaged in by Imperial Germany during World War I then by Nazi Germany during World War II, each with disastrous consequences. Expected Results: Ever since the Florida summit meeting between Presidents Trump and Xi, an economic dialogue appears to have emerged that has expanded into diplomatic discussions involving the DPRK, Association of South East Nations (ASEAN) partners trading with both China and the United States, India, Japan, South Korea. Predicated upon President Trump’s self-assessment of his first 100 days in office, together with legitimate expectations of other nations, it should be possible to gauge the direction of “Dollar Diplomacy” across the first and second 100 days to predict the Strengths and Weaknesses of early changes in United States foreign economic policies over the first six months of the Trump Administration. Positive or negative results should be apparent in trade regimes, trade value, trade volume, as well as changes in rhetoric along the Western Pacific rim, and intensity of involvement if the state parties themselves. Stated succinctly, this is China’s chance to stand out and become a leader, potentially the leader, in Asia, and to work hand in hand with the United States and the Western Alliance to maintain continuity of “Pax Americana” for another 70 years or longer, an enduring peace from which, arguably, China has benefitted more than most countries, and stands to benefit much more across eight more decades of the 21st century. Amongst other factors, an expectation is to witness the United States and other Western Allies join with China in funding its “One Belt, One Road” or “OBOR” across Eurasia, because by partnering a rapprochement with DPRK, China and the United States should grow closer, greater and fairer trade should emerge between these two nations, that burgeoning friendship should draw in Japan and other huge trading partners of both. Possible as a successor to the ill-fated Trans-Pacific Partnership will be a sustainable “Pax Pacifica” reflecting core values of the West alongside China’s stated commitment to decreasing poverty in developing countries, providing an enormous opportunity for the Trump and Xi Administrations to cooperate harmoniously. In addition to the Pacific rim as a region, the DPRK could benefit from Sino-American investment inside of its borders, particularly if China and the West could construct international joint ventures (IJVs) in the region with each functioning as a check and a balance on the other.

Revival of “Dollar Diplomacy” As United States Foreign Economic Policy in 2017: Tradeoffs Exchanged to Maintain Trade and Restore Peace Along the Tottering Western Pacific Rim

Background, Objective and Goals: From their auspicious meeting at the “Southern” White House, Mar-a-Lago, West Palm Beach, Florida on 5-6 April 2017, U.S. President Donald J. Trump and China’s President Xi Jinping seem to have struck up a friendship accord intended to maintain, hopefully augment, Western trade with China and in the process diffuse burgeoning tensions along the Western Pacific rim caused by aggressive rhetoric and belligerent behavior of Kim Jong-Un, leader of the “Democratic” People’s Republic of Korea [North Korea]. In the process, the United States appears to be recasting its foreign economic policy as a return to “Dollar Diplomacy,” the hallmark of American foreign policy during the William Howard Taft presidency (1909 – 1913), mostly out of favour since then until the present moment. An objective of this paper is to clarify and articulate characteristics of “Principled Dollar Diplomacy” in the 21st century compared with its 20th century counterpart, to identify what will be its objectives and goals, then to assess the viability and sustainability of the same globally but especially along Asia’s Western Pacific rim, connecting to South and West Asia then Europe along the ancient “Silk Road” of Eurasia as an integral part of President Trump’s “Principled Realism” in foreign policy. Methods: Literature reviewed include historiographical documents reflecting both the current state of, and recent changes to, United States foreign economic policy globally, termed “Principled Realism” by President Trump as it interfaces foreign economic policy with foreign security policy, focusing particularly on what appears to be a tottering Western Pacific rim of mainland Asia, fragmented by hostile rhetoric, nuclear threats, China’s unilateral South China Sea domination. Government reports by individual countries and trading partners plus journalistic accounts, together with diplomatic interviews have been reviewed. Attention is directed to changes in trade volume involving trading partners generally, together with trade values of both imports and exports across the first six months of the Donald Trump administration compared to similar periods in administrations of former American presidents from Theodore Roosevelt to Barrack Obama. Presidential rhetoric will be analysed as communicated to three categories of recipients: foreign heads of state or heads of government, United States business leaders, the global general public. Some historical records are included, comparing Chinese maritime belligerence along the Western Pacific rim with similar activities engaged in by Imperial Germany during World War I then by Nazi Germany during World War II, each with disastrous consequences. Expected Results: Ever since the Florida summit meeting between Presidents Trump and Xi, an economic dialogue appears to have emerged that has expanded into diplomatic discussions involving the DPRK, Association of South East Nations (ASEAN) partners trading with both China and the United States, India, Japan, South Korea. Predicated upon President Trump’s self-assessment of his first 100 days in office, together with legitimate expectations of other nations, it should be possible to gauge the direction of “Dollar Diplomacy” across the first and second 100 days to predict the Strengths and Weaknesses of early changes in United States foreign economic policies over the first six months of the Trump Administration. Positive or negative results should be apparent in trade regimes, trade value, trade volume, as well as changes in rhetoric along the Western Pacific rim, and intensity of involvement if the state parties themselves. Stated succinctly, this is China’s chance to stand out and become a leader, potentially the leader, in Asia, and to work hand in hand with the United States and the Western Alliance to maintain continuity of “Pax Americana” for another 70 years or longer, an enduring peace from which, arguably, China has benefitted more than most countries, and stands to benefit much more across eight more decades of the 21st century. Amongst other factors, an expectation is to witness the United States and other Western Allies join with China in funding its “One Belt, One Road” or “OBOR” across Eurasia, because by partnering a rapprochement with DPRK, China and the United States should grow closer, greater and fairer trade should emerge between these two nations, that burgeoning friendship should draw in Japan and other huge trading partners of both. Possible as a successor to the ill-fated Trans-Pacific Partnership will be a sustainable “Pax Pacifica” reflecting core values of the West alongside China’s stated commitment to decreasing poverty in developing countries, providing an enormous opportunity for the Trump and Xi Administrations to cooperate harmoniously. In addition to the Pacific rim as a region, the DPRK could benefit from Sino-American investment inside of its borders, particularly if China and the West could construct international joint ventures (IJVs) in the region with each functioning as a check and a balance on the other.

The Last Woman on Earth

The Last Woman on Earth Kate Folk (bio) The Last Woman on Earth lives in Los Angeles. She's single and in her thirties, five foot seven, 145 pounds, a Virgo. She is the world's most famous celebrity. Her talk show has the largest viewership of any tv program, with higher ratings than the Super Bowl and reruns of old Miss Universe pageants. The Last Woman on Earth is not particularly talented or charismatic. She blinks a lot and garbles her own script from the tele-prompter. Prior to the annihilation of every other woman on Earth, The Last Woman lived in Ohio and taught preschool. She didn't ask to be the last woman on Earth, but she's doing the best she can. The Last Woman on Earth's talk show is called Afternoon Programming with the Woman. She models the show after Oprah. In the first season, men come on and sit in leather chairs and reminisce about women they used to know. Some men talk about their wives and girlfriends, but most talk about their mothers. It's like therapy, but The Last Woman on Earth isn't a therapist, so she just sits there and nods and utters vague, affirmative phrases like "wow" and "really?" and "that sounds tough." The men always cry. The Last Woman on Earth gets tired of hearing about mothers and in the second season changes the focus of her show to baking. In the second season of her show, The Last Woman on Earth bakes pie after pie in the studio kitchen. She ties her hair in a kerchief and wears a white apron printed with cherries. She invites experts in various fields to come talk to her while she bakes. For forty-five minutes the expert lectures to her sweatered back while she rolls out store-bought dough, mixes fruit with cornstarch, and brushes her lattice crusts with egg wash. A split screen shows a close-up of the pie in progress alongside the face of the expert as he drones on about urban planning or carpentry or neuroscience or poetry. At the end of each episode, The Last Woman on Earth presents the finished pie to the expert. She serves him a piece and waits for him to tell her it's the best pie he's ever had, hands down, bar none, etc. [End Page 93] Thousands of men apply to come on the show. Everyone wants to taste pie made by a woman. When the expert has had his fill of pie The Last Woman thanks him and retires to a dimly lit lounge, where she drinks cocktails with a female friend who is played by a mop. The Last Woman on Earth recounts to her friend all the interesting information she learned from the day's expert. Sometimes a production assistant crawls onto the set and gives the mop handle a shake so it looks like the friend is listening. The episode ends whenever The Last Woman on Earth begins weeping. The Last Woman on Earth appears on the cover of every issue of US Weekly. Countless articles discuss her dating life, speculating on why she won't settle down with one of the hundreds of millions of age-appropriate heterosexual men left in the world. In reality the only men who want to date The Last Woman on Earth are perverts and fame-seekers. It's too much pressure, dating the only woman who exists. Normal men would rather just date each other. In her spare time, The Last Woman on Earth enjoys hiking Runyon Canyon in clumsy male drag and making paintings that depict extinct species: the West African black rhinoceros, the Pyrenean Ibex, the Caribbean Monk Seal. But The Last Woman on Earth has less and less free time as her empire continues to grow. Her schedule is packed with meetings: with her agent, her personal trainer, foreign heads of state, and her ghostwriter, Phillip, who's hard at work on her memoir, tentatively titled The Woman Who Wouldn't Die. The Last Woman's website receives thousands of inquiries a day. Men turn to her whenever they want a female...

The Universal Jurisdiction of South African Criminal Courts and Immunities of Foreign State Officials

Under the "complementarity" regime of the Rome Statute of the International Criminal Court (ICC), the jurisdiction of the ICC is secondary to the jurisdiction of domestic courts. States Parties, not the ICC, have the primary responsibility of investigating and prosecuting international crimes. The ICC acts only when States are "unable" or "unwilling" to prosecute. As a State Party, in order to give effect to the complementarity principle, South Africa enacted the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002, which determines the modalities of prosecuting perpetrators of the crimes of genocide, crimes against humanity and war crimes in South African courts.
 The Implementation Act also provides that South African courts will have jurisdiction over these crimes not only when they are committed on the territory of South Africa but also when they are committed outside the Republic. By granting South African courts jurisdiction over a person who commits a crime outside the Republic when that person is later found on South African territory, without regard to that person's nationality or the nationality of the victims, the Implementation Act empowers South African courts with universal jurisdiction over international crimes.
 This paper seeks to determine whether and to what extent foreign State officials, such as foreign heads of State, heads of government and ministers of foreign affairs, can plead immunity when they are accused of international crimes before South African courts when exercising their universal jurisdiction in terms of the Implementation Act and in accordance with the complementarity regime of the Rome Statute. In other words, the article endeavours to determine whether international law rules regarding immunities of State officials may or may not limit the ability of South African courts to exercise universal jurisdiction over international crimes committed in foreign States.

Symbolism and Significance: The Place of Magna Carta in Contemporary Canadian Law

When the e-mail arrived in my inbox inviting me to view the Magna Carta I was, as I imagine any law student would be, utterly thrilled. The event was part of the international celebration of the 800th anniversary of the ancient Latin legal document from the 13th century BCE that would see a handful of surviving copies tour the world, including a Canadian sojourn, and be given the sort of red carpet treatment normally reserved for rock stars and foreign heads of State.

-Case Studies in Scientific Statecraft: Aaron Aaronsohn, Part 1: 1909-1914: Science, Subversion and the Birth of Israel: The Balfour Declaration and the Conversion of Justice Louis Brandeis to the Zionist Cause

Aaron Aaronsohn was killed in 1919 at the age of 44. By that time he had achieved international fame as an agronomist, drawn the boundary map for the newly conquered Palestine, been decorated by the British government, knew every water source in the land of Palestine, lectured in no less than two dozen American cities, was a representative of the International Dry Farmers, co-founded the NILI spy-ring, was offered (and refused) the Presidency of Berkley, advised the US government after the Midwest floods of 1914, the Ottoman government in eradicating the locust epidemic of 1915, the British government on the military strategy for the conquest of Jerusalem in 1917 and was an advisor to the representatives at the Paris Peace Treaty in 1919. He spoke seven languages and had a personal library in the thousands. He walked with presidents and generals, and the Arab workers he hired to work at the Agricultural Research Station he founded. His personal magnetism was said to be tremendous, but each of his accomplishments rested on the platform of his signature scientific discovery – the finding and identification of the long sought-after strain of ‘wild wheat.’ Very much like Benjamin Franklin, who had the intellectual stature and personal charisma to influence foreign heads of state in the service of his country, so did Aaronsohn. Of all those Aaronsohn influenced, however, perhaps the most crucial to the existence of the State of Israel was Justice Louis Brandeis. The sudden conversion of Brandeis from a secular, assimilationist Jew into an ardent Zionist – have defied logical explanation. Various theories have been advanced to explain this sea-change in outlook. To the knowledge of this author, none have been supported by doctrinal evidence. This article proposes to identify that decisive force as Aaronsohn, detailing the circumstances that enabled Aaronsohn to transformed Brandeis into an ardent and passionate Zionist – at the age of 56. Aaronsohn’s impact no doubt derived from his larger-than-life persona. However, it was his stature as an internationally acclaimed scientist that opened the doors to Brandeis, allowing Aaronsohn to serve as an ambassador for Science in service of Country, extraordinaire.

Gerechtelijke nationale cultuur en haar blinde vlek: de mercuriales en gelegenheidsredes van Charles Faider als procureur-generaal bij het Hof van Cassatie (1871–1885)

AbstractThis article sketches the attitude of the Belgian liberal magistrate and politician Charles Faider towards the constitutional civil liberties and freedoms. One can discover an interesting paradox by comparing his opening speeches and his acts as a politician. In the speeches he gave as procureur-général at the Cour de cassation, Faider consequently emphasised the beneficiary effects of the liberal 1831 Belgian Constitution. In his discourse, the Belgian magistrates were the best guards of the splendid future of the nation, because they fully understood the age-old national tradition of civil liberties. However, as a politician, he did not hesitate to limit the constitutional rights and liberties. Due to the political pressure of Napoleon III, he limited the freedom of the press by outlawing insulting foreign heads of state. The gap between his discourse and his practice is the perfect expression of an interesting paradox: in the 19th-century Belgian nation state, liberty and national identity profoundly influenced each other, but at the same time restricted their mutual possibilities, because the overall image of a free but responsable nation had to be maintained.

Re Honecker

365State immunity — Foreign Heads of State — Personal immunity from criminal jurisdiction of other States — Chairman of Council of State of German Democratic Republic — Immunity from jurisdiction of courts of Federal Republic of Germany — The law of the Federal Republic of Germany

J.A.M. v. Public Prosecutor

The individual in international law — In general — Human rights and freedoms — European Convention on Human Rights, 1950 — Article 10 — Freedom of expression — Municipal legislation prohibiting insults to foreign Heads of State — Whether compatible with Article 10 — Alleged justification of trying to draw attention to war crimes — The law of the Netherlands