US Position Research Articles

Os Estados Unidos e as negociações sobre a criação do posto de Alto Comissário para Direitos Humanos da ONU

A literatura sobre direitos humanos normalmente credita às mobilizações das ONGs lideradas pela Anistia Internacional a aprovação consensual, em 1993, da criação do posto de Alto Comissário para Direitos Humanos da ONU, o principal responsável por direitos humanos dentro da ONU. Contudo, há outro importante ponto a ser considerado para compreender essa aprovação: a mudança de posição dos EUA em relação à pauta. Durante a Guerra Fria, os EUA eram apenas discretos apoiadores da proposta em razão da priorização dos cálculos geopolíticos do período. Terminada a Guerra Fria, a sistemática oposição da URSS à criação do posto desapareceu. Assim, a administração Clinton, que pretendia se mostrar como a principal responsável por uma mudança positiva na política externa de direitos humanos do país em comparação à antecessora H. Bush, tornou-se a principal apoiadora da criação do posto de Alto Comissário para Direitos Humanos da ONU. O objetivo deste artigo não é negar a relevância das mobilizações das ONGs em 1993, mas apenas evidenciar como aquele contexto histórico criou as condições para que os EUA pragmaticamente assumissem a liderança da proposta.

Great powers in global tax governance: a comparison of the US role in the CRS and BEPS

ABSTRACTThe G20 and the OECD recently claimed two successes in global tax governance: adopting automatic exchange of banking information in 2014, and the 2015 BEPS project on taxation of multinational companies. While the former signifies an essential step forward in reducing tax evasion, the BEPS outcomes were criticized for merely patching up flawed taxation principles based on the arms’-length standard. The emergence of global automatic exchange of information is often ascribed to the US who unilaterally enforced its own FATCA automatic information-exchange standard, while no comparable action happened during BEPS. This article investigates the US position on the BEPS outcomes and if a similar unilateral action would have led to more far-reaching cooperation concerning BEPS. By examining the distributional consequences of cooperation in both processes, we conclude that US power in tax governance in both issues is more limited than generally assumed and insufficient to explain global cooperation.

How Universities in Korea and the US Position Themselves in Brochures

The Linguistic Association of Korea Journal, 26(2), 61-86. The purpose of this study is to identify the position of universities in Korea and the US in university brochures and compare the similarities and differences in their relationships with students. The investigation focuses on describing and interpreting linguistic features by using transitivity analysis. The results indicate that the US university brochures (UUBs) stake out their universities’ positions as service providers who try to create conversational atmospheres and equal relationships with students. The universities and the students are both key actors in the UUBs. On the other hand, universities in Korean university brochures (KUBs) take on the role of introducers of future careers. They promote students’ career paths or career possibilities. The lead actor here in KUBs is the university. The main difference can be construed from the historical and cultural backgrounds of the establishments which reflect the present roles of universities in the US and Korea.

Plaintiffs by proxy: A firm-level approach to WTO dispute resolution

Lobbying by multinational business firms drives the agenda of international trade politics. We match Fortune Global 500 firms to WTO disputes in which they have a stake and to their political activities using public disclosure data. The quantitative evidence reveals traces of a principal-agent relationship between major MNCs and the US Trade Representative (USTR). Firms lobby and make political contributions to induce the USTR to lodge a WTO dispute, and once a dispute begins, firms increase their political activity in order to keep USTR on track. Lobbying is overwhelmingly patriotic—the side opposing the US position is barely represented—and we see little evidence of MNCs lobbying against domestic protectionism. When the United States is targeted in a dispute, lobbying by defendant-side firms substantially delays settlement, as the affected firms pressure the government to reject concessions. Lobbying on the complainant side does not delay dispute resolution, as complainant-side firms have mixed incentives, to resolve disputes quickly as well as to hold out for better terms.

ROLE OF RUSSIAN AND CHINESE DIPLOMACY IN PEACE AND SECURITY ESTABLISHMENT IN THE MIDDLE EAST IN THE BEGINNING OF XXI CENTURY

In the end of the XX century, the world faced global geopolitical changes. Due to the Soviet Union dissolve, new actors appear on the international arena. At the same time, the US positions strengthening as well as the country becomes the most influential country of the globe. Along with the modern diplomacy development, the relations between Russia and China were also given an impetus. Being important actors on the international arena at the beginning of the century, Russia and China also played an important role in the new international relations system development, especially in the Middle East region that is greatly demonstrated through the joint work in the frameworks of United Nations. In particular, the author analyses the participation of Russian and Chinese diplomacy in the conflict resolution process in Iraq and Libya. Despite the active diplomatic collaboration of Russia and China on the conflicts in Iraq and Libya though the peaceful means did achieve results, however it was late and thus could not prevent the war.

Australia’s new alliance dynamics, US–China rivalry and conflict entrapment in outer space

ABSTRACTCanberra’s exposure to great-power conflict is arguably more complex and ambiguous than during the Cold War. Drawing from scholarly literature on entrapment and recent developments in outer-space security, this article explores Australia’s position in a hypothetical US–China war over Taiwan. The shifting military balance in outer space, recent war games by the US military and regional trends in defence planning all raise the possibility of a scenario opening with Chinese cyberattacks against information networks shared between Australia and the USA. As a result of its growing dependency on space systems, Australia may be entrapped in a novel way which poses questions for scholars and policymakers. These findings should encourage further study of regional crisis management, with the need for a shared understanding of strategic behaviour in outer space and cybernetworks.

اليمن ومبدأ إيزنهاور (يناير 1957 – يوليو 1958) دکتور / حمادة وهبة مسعد أحمد غنا

تهدف هذه الدراسة إلى محاولة القاء الضوء على اليمن ومبدأ إيزنهاور(يناير 1957 – يوليو 1958)، حيث يتناول البحث العلاقات الامريکية اليمنية قبل عام 1957 ، وموقف الولايات المتحدة من النشاط الشيوعي المتزايد فى اليمن، وموقع اليمن على خريطة الحرب الباردة، کما يلقى الضوء على زيارة جيمس ريتشارد لليمن لعرض مشروع إيزنهاور على الامام أحمد، ورفض الاخير للمبدأ، على الرغم من الزيارات المتکررة لرجال الإدارة الأمريکية لصنعاء، کما يتناول البحث الضغوط الأمريکية على اليمن، والموقف الإقليمي والدولي من تلک الضغوط لقبول اليمن لمشروع إيزنهاور . Abstract This study aims at shedding light on and the Eisenhower Doctrine (January 1957 - July 1958). The paper examines US-Yemeni relations before 1957, the US position on the increasing communist activity in Yemen, Yemen's position on the Cold War map, The visit of James Richard to Yemen to present the Eisenhower Doctrine to Imam Ahmad, and the latter's rejection of the principle, despite repeated visits by US administration officials to Sana'a. The paper also discusses American pressure on Yemen, and the regional and international stance on Yemen's acceptance of the Eisenhower Doctrine.

Competition Law: Dominant Position and Its Abuse: Abuse of Dominant Position in US and EU

The concept of abuse of dominant position in US and EU has some basic differences and it is interesting to note that the competition law in India has seen a shift from more reliance on EU than US in dealing with abuse of dominance cases. This is quite evident from the fact that the concept of ‘monopolistic trade practices’ under the MRTP Act was more near to US law of ‘monopolisation’ while the concept of ‘abuse of dominance’ under the Competition Act is more nearer to the EU text in Article 102 which prohibits abuse of a dominant position. While there is a basic distinction in enforcement approach in EU and US, i.e. in US, there is a criminal enforcement of anti-trust laws while in EU it is administrative. India has followed the administrative model in EU.

ONE FINANCIAL REPORTING GLOBAL LANGUAGE: THE ULTIMATE GOAL?

This article aims to analyse the extent to which international accounting standards is applied and whether it is the ultimate goal. Up until the end of 2016, approximately there are 84% of the 149 jurisdictions analysed which require IFRS for all or most domestic publicly accountable entities. This may indicate that we are not that much further from having a single set of globally-accepted accounting standards. However, there is more to financial reporting than just accounting standards alone, such as the political aspect of accounting standard-setting, translation issues surrounding IFRS adoption, the US position and the complexity of financial reporting. Improving financial reporting quality needs more than just having global accounting standards, rather, it is also essential to consider the preparers’ incentives and other institutions surrounding the firm. Stakeholders need to broaden the perspective when viewing financial reporting, so that it will not be focused merely on accounting standards alone.

History and the Debate Over Intellectual Property

ABSTRACTThis article responds to recent calls for organizational research to address larger, more globally relevant questions and to pay attention to history, by analyzing the crucial debate over intellectual property rights (IPR) between the United States and China. Despite the recent US position, the United States has not always been a leading IPR advocate. Rather, it was a leading IPR violator during the nineteenth century. An institution-based view of IPR history suggests that both the US refusal to protect foreign IPR in the nineteenth century and the current Chinese lack of enthusiasm to meet US IPR demands represent rational choices. However, as cost-benefit considerations change institutional transitions are possible. We predict that to the same extent the United States voluntarily agreed to strengthen IPR protection when its economy became sufficiently innovation-driven, China will similarly improve its IPR protection.

The Constant Changes in US Strategy in Afghanistan: Achievement or Failure

The nations take various strategies in exposure to different developments and phenomena and impact on foreign and internal policies of countries in international scene proportional to their internal and external conditions and rivals and at international arena. What US implemented after September 11 Event and targeted accusation finger toward Taliban and Al-Qaeda in Afghanistan is deemed as a type of strategy that has occurred in created nostalgic climate together with hasty decision making and negligence to domestic issues in Afghan Community while their output was to take different and even paradoxical strategies in this crisis-stricken region since 1980s. In this article that has been written in order to analyze US Post September- 11 Strategies in Afghanistan this basic question will be answered that how changes in US macro policies influenced in orientation of diplomacy of this country and why this country has adapted different policies in occupation of Afghanistan. Afterwards, it is deduced according to the given findings from librarian data collection method that the constant changes in US strategy in Afghanistan were due to overlooking of domestic issues and historic, ethnic, cultural, political, and ideological complexities of this country that has resulted in degradation of US position in world scene and its failure in suppression of Taliban.This article has been excerpted from my PhD treatise under title of ‘The role of United States in the regional crisis (e.g. Afghan and Iraqi crises) and the rise of revolutionary and radicalism on the emergence of international terrorism’.

Khả năng hình thành trật tự thế giới lưỡng cực trong thập niên thứ hai của thế kỷ XXI (tính đến hết nhiệm kỳ thứ 2 của tổng thống Mỹ Barack Obama)

In the first years of the second decade in XXI century, people have seen the recovery of economy and position of US in the world politics while concerning about the incredible rise of China. After submitting the “nine-dash-line” map to the United Nations for territorial claim on The South China Sea (East Sea), China has attacked strongly to world politics to set up their position. With the impressive growth in recent years, will China be the leading nation of the world like US? US and China will set up the new world order? Compared to US, China still has thier own challenges in politics, economy as well as international influence. The reasons why China has not been with US to establish the bipolar world order in the second decade of XXI century will be analyzed in this paper.

A Message from the Editor

A Message from the Editor Gary Kline The spring 2017 issue of the Journal of Global South Studies commences a new chapter in the history of our journal and of the association from which it emerged. As with all historical phenomena, some things have changed substantially (for instance, our name, our look, our publisher, and our membership and leadership) while others have remained constant (many stalwarts from the early days of our association still constitute a bedrock and a fount of experience and wisdom for the association). We needed to grow and change so as to remain relevant and capable of making positive contributions in a world in flux and full of challenges. We believe that we have changed in ways that will maintain our health and help us to flourish well into the future. Our new publisher is the University of Florida Press (UF Press). We are excited about this relationship, and we believe it is one that will be mutually beneficial. As editor of the journal, I would like to express my personal thanks to Lauren Phillips, Linda Bathgate, and the other fine people at UF Press for working with us to bring about this alliance. We look forward to many good years of collaboration. I request that potential contributors please note the changes in our guidelines for manuscripts. We are calling for submissions to be approximately 10,000 words in length, including the notes. We now ask that authors include abstracts at the beginning of their papers. Further, documentation should conform to The Chicago Manual of Style, 16th edition. Author guidelines are regularly published near the end of each issue of our journal and online at our website. Such changes have been implemented as part of a conscious effort to enhance the quality of our publication, the benefits of which will accrue to both our readers and to the authors in our pages. In this issue, we focus on Africa, a continent of immense beauty, tremendous potential, industrious people, rich traditions, great diversity, and daunting [End Page vii] problems to address and overcome. Each of the authors in these pages explores some facet of the complex tapestry that comprises Africa. As with every issue of the journal that we publish, our hope is that readers will gain from these essays important new knowledge, understandings, perspectives, and insights that will help to move us forward toward a better world for all. Incidentally, our next issue will shift the focus to Asia. Put succinctly, we want the Journal of Global South Studies to contribute positively to our understanding of global trends, other peoples and countries, and the best ways to promote social justice, human well-being, and peace. For many people today, it seems that the world has reached a critical moment in human history. In no small measure, the rise of populist and nationalist sentiments in many countries has prompted important questions about our goals and directions, particularly the rise of a new leadership in the United States. Whereas apocrypha appears to be gaining influence globally through a variety of sources, employing a wide range of media such as Twitter, we hope to offer a reliable source of information and serious ideas for thoughtful people, whether scholars or interested readers. More than at any time in recent memory, the state of world affairs appears to be in flux. The advent of the Trump administration augured a great shift in the US position globally and in its relations with other countries. To the extent that this transition entails a withdrawal of the country from its longstanding role as a leader on the world stage, and toward a more inwardly focused or self-interested policy orientation, we can expect an upheaval in traditional alliances and international relations. Each country may have to sort out the implications for itself. Moreover, the early disarray and possible scandal associated with the Trump administration, which could preoccupy the administration for months or years to come, may further guarantee that the United States will be in no position to maintain its global position. In this environment, some countries will undoubtedly fill any vacuum created by US withdrawal or inattention. Certainly, China is poised to step...

Copyright Law & The Drummer

Recent relevant judicial decisions in the US suggest that the question of subsistence of originality in drum beats remains a subject of debate. Unbeknownst to the non-musical world, this question continues to gather momentum and poses some rather interesting questions about degree and threshold of creativity and applicability of Copyright law. This paper explores the copyright-ability of drum patterns, the position of US and Canadian laws on the subject and under what circumstances may such beats be accorded copyright protection.

The Recognition of the Existence of a Dispute regarding Sovereignty over Diaoyu Dao and Some Implications for the Parties and Other States, Especially the United States

This paper highlights the issue of the recognition of the existence of a dispute between China and Japan regarding sovereignty over Diaoyu Dao, identifies such a recognition, and comments on the implications flowing from that recognition for Japan and China, as well as for other States, especially the United States, and argues that in light of the well-known US position of taking no view on sovereignty over Diaoyu Dao, Article V of the US-Japan Mutual Cooperation and Security Treaty cannot apply to the island. Some comments are also offered on Japan’s “nationalization” and other measures and China’s response measures and/or counter-measures.

Econophoria and the Power Constellation in East Asian Regionalism:Critical Leadership Question

East Asian regionalism is an on-going process,despite lacking much necessary "progress". A glimmer of hope from the rise of china is now being shed on the prospect of East Asian regionalism,thanks to states clustering economically to china in a process as economic "power constellation." Econophoria functions as a facilitator to the development process of East Asian regionalism. Given China'S reluctance and regional aspirations in building necessary institutions and requisite leadership,however, this paper infers some possible forms of leadership that the US can develop regarding institutional bargaining. The US is perceived to be a critical player in finalizing East Asian regionalism for it is the only country that can render necessary leadership and therefore institutional building capability. If, as a regional player, the US wishes to recover its lost credibility and undermined trust, then the time is ripe for proper action. The article will briefly review the notion of power aggregation and power constellations so as to provide an analytical framework. It will then examine the prospect of an emerging regional order in the aftermath of China's power aggregation. In the following section, the article will assess the US position on the question of regional leadership and East Asian regionalism. The paper will conclude with possible strategic choises for the US in realizing regional aspirations.

DISCLOSURE OF EVIDENCE IN CARTEL LITIGATIONS IN THE EU: IS BALANCE OF VICTIMS’ RIGHTS AND PUBLIC INTERESTS POSSIBLE?

The research focus is an assessment of disclosure rules in the European Union and a perspective for implementation of the US discovery rules to improve European private enforcement. For these purposes the EU disclosure rules are compared with the US discovery rules; the influence of tension between disclosure of evidence and leniency programme on the effectiveness of protection of information is analyzed in order to propose areas for improvement and solutions to find a balance between some inconsistencies of the EU disclosure rules with interests of European plaintiffs in cartel litigations. The research method is not limited to a doctrinal approach to the EU and US legislation, but includes case law, and secondary sources. This paper does not deal with particular types of evidence and generic issues of disclosure unrelated to the cartel cases. The author contends that the American model of discovery in cartel cases cannot be transferred to the European context completely, even though disclosure of evidence in the EU is rather inefficient, and new rules are unlikely to protect consumers’ interests. In terms of consumers’ interests, protection facilitating follow-on actions looks more relevant on the EU level. Practically, the design of the US disclosure rules and priority of consumers’ rights effectively allow victims from the EU to sue in the US and obtain all necessary documents in the US proceeding. In this context convergence of the US and EU positions on disclosure of leniency materials could bring more certainty both to plaintiffs and defendants in cartel litigations.

A novel method to correctly place the fasciotomy incision for decompression of the anterior and peroneal compartments of the leg

Incorrectly placed fasciotomy incisions can lead to catastrophic complications in compartment syndrome. Two distinctly different techniques are widely practiced to decompress the anterior and peroneal compartments. In one technique the anterior compartment is decompressed directly, and then the peroneal via the inter-muscular septum, avoiding the peroneal perforators. The second technique relies on surface anatomy landmarks to place the skin incision immediately over the inter-muscular septum, and then the respective fascial envelopes are incised separately.A study in healthy active volunteers was conducted to explore the feasibility of a new technique for the placing the incision very accurately over the inter-muscular septum and so avoiding perforator vessels. Hypothesis The inter-muscular septum can be reliably identified using hand-held ultrasound, and confirmed with MRI. MethodsFourteen healthy active volunteers underwent hand-held ultrasound to identify the antero-lateral inter-muscular septum in the left lower limb, which was then marked using cod liver oil capsules. The positions of the anterior, septal and peroneal perforators were then identified using hand-held Doppler, and marked in the same way. MRI was then used to measure the relationship between the surface land marks, the septum (compared to its US position), and the relationship of the perforators themselves. ResultsHand held ultrasound was successful in identifying the position of the inter-muscular septum in healthy volunteers, as confirmed on MRI scanning. The position and number of peroneal and anterior perforators proved very variable. Direct decompression of the anterior compartment would result in the loss of all anterior perforators in all subjects. Decompression with the skin incision over the inter-muscular septum would not jeopardise any peroneal muscular perforators. ConclusionThis new technique enables decompression both the anterior and peroneal compartments through an accurately placed incision, sparing the greatest number of perforators. Two brief case histories in which the technique was used are presented.

The transatlantic business community faced with US direct investment in Western Europe, 1958–1968

This article examines the position of US and European business in the debate about American direct investment in Western Europe in a historical perspective, from the establishment of the Common Market to the introduction of US regulation of foreign direct investment (FDI) a decade later. Based on abundant and diverse archival documents, it sheds new light on the process of Americanisation and contributes to existing research on transnational networks, by revealing the active role industrial leaders on both sides of the Atlantic played in shaping the political responses to problems raised by the American firms’ massive presence in the Common Market.

США І ПОЛІТИКА ЄВРОПЕЙСЬКОГО СОЮЗУ «СХІДНЕ ПАРТНЕРСТВО»

In this article to analyzes the policy of the European Union’s «Eastern Partnership». Determined US relation to the initiative of the EU. Characterized four summits the EU «Eastern Partnership» and followed the US response to these summits. The attention to Ukraine’s participation in the summit of the EU and the US position on this issue. Determined that the United States strongly supports the EU initiative «Eastern Partnership», especially in order to spread in the countries of the «Eastern Partnership» democracy, ensure human rights and freedoms, and to improve the socio-economic situation of these countries.