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Legal Regime of Persona Non Grata and the Namru-2 Case
Journal of Law, Policy and Globalization www.iiste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.32, 2014 Legal Regime of Persona Non Grata and the Namru-2 Case Marcel Hendrapati* Law Faculty, Hasanuddin University, Jalan Perintis Kemerdekaan, Kampus Unhas Tamalanrea KM.10, Makassar-90245, Republic of Indonesia * E-mail of the corresponding author: [email protected] Abstract Just like the diplomatic immunity principle, the principle of persona non grata aims to ensure justice for both the state seeking to evict a diplomat (receiving state) and the state whose diplomat is being evicted (sending state). This is because both principles can guarantee the dignity and equality of sovereign states when resolving issues in international relation. Not every statement of persona non grata has to culminate in expulsion because a statement may be issued by the receiving state both after the diplomatic agent has started performing his functions and even before he arrives at the receiving state. If such a statement is followed by the expulsion of the diplomat, it should be based on article 41 of the Vienna Convention, 1961 (infringement on laws of receiving state and/or espionage actions). Also, expulsion may occur due to war and severance of diplomatic relation between two states. Indonesia has had to deal with issues of persona non grata on several occasions both as receiving and sending state. This paper analyses several cases of declaration of persona non grata involving several countries, especially Indonesia in order to give a better understanding of how the declaration of persona non grata plays out between states, and the significance of the Vienna Convention of 1961 on diplomatic relations. -
Digital Authoritarianism and the Global Threat to Free Speech Hearing
DIGITAL AUTHORITARIANISM AND THE GLOBAL THREAT TO FREE SPEECH HEARING BEFORE THE CONGRESSIONAL-EXECUTIVE COMMISSION ON CHINA ONE HUNDRED FIFTEENTH CONGRESS SECOND SESSION APRIL 26, 2018 Printed for the use of the Congressional-Executive Commission on China ( Available at www.cecc.gov or www.govinfo.gov U.S. GOVERNMENT PUBLISHING OFFICE 30–233 PDF WASHINGTON : 2018 VerDate Nov 24 2008 12:25 Dec 16, 2018 Jkt 081003 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 C:\USERS\DSHERMAN1\DESKTOP\VONITA TEST.TXT DAVID CONGRESSIONAL-EXECUTIVE COMMISSION ON CHINA LEGISLATIVE BRANCH COMMISSIONERS Senate House MARCO RUBIO, Florida, Chairman CHRIS SMITH, New Jersey, Cochairman TOM COTTON, Arkansas ROBERT PITTENGER, North Carolina STEVE DAINES, Montana RANDY HULTGREN, Illinois JAMES LANKFORD, Oklahoma MARCY KAPTUR, Ohio TODD YOUNG, Indiana TIM WALZ, Minnesota DIANNE FEINSTEIN, California TED LIEU, California JEFF MERKLEY, Oregon GARY PETERS, Michigan ANGUS KING, Maine EXECUTIVE BRANCH COMMISSIONERS Not yet appointed ELYSE B. ANDERSON, Staff Director PAUL B. PROTIC, Deputy Staff Director (ii) VerDate Nov 24 2008 12:25 Dec 16, 2018 Jkt 081003 PO 00000 Frm 00002 Fmt 0486 Sfmt 0486 C:\USERS\DSHERMAN1\DESKTOP\VONITA TEST.TXT DAVID C O N T E N T S STATEMENTS Page Opening Statement of Hon. Marco Rubio, a U.S. Senator from Florida; Chair- man, Congressional-Executive Commission on China ...................................... 1 Statement of Hon. Christopher Smith, a U.S. Representative from New Jer- sey; Cochairman, Congressional-Executive Commission on China .................. 4 Cook, Sarah, Senior Research Analyst for East Asia and Editor, China Media Bulletin, Freedom House ..................................................................................... 6 Hamilton, Clive, Professor of Public Ethics, Charles Sturt University (Aus- tralia) and author, ‘‘Silent Invasion: China’s Influence in Australia’’ ............ -
MADE in HOLLYWOOD, CENSORED by BEIJING the U.S
MADE IN HOLLYWOOD, CENSORED BY BEIJING The U.S. Film Industry and Chinese Government Influence Made in Hollywood, Censored by Beijing: The U.S. Film Industry and Chinese Government Influence 1 MADE IN HOLLYWOOD, CENSORED BY BEIJING The U.S. Film Industry and Chinese Government Influence TABLE OF CONTENTS EXECUTIVE SUMMARY I. INTRODUCTION 1 REPORT METHODOLOGY 5 PART I: HOW (AND WHY) BEIJING IS 6 ABLE TO INFLUENCE HOLLYWOOD PART II: THE WAY THIS INFLUENCE PLAYS OUT 20 PART III: ENTERING THE CHINESE MARKET 33 PART IV: LOOKING TOWARD SOLUTIONS 43 RECOMMENDATIONS 47 ACKNOWLEDGEMENTS 53 ENDNOTES 54 Made in Hollywood, Censored by Beijing: The U.S. Film Industry and Chinese Government Influence MADE IN HOLLYWOOD, CENSORED BY BEIJING EXECUTIVE SUMMARY ade in Hollywood, Censored by Beijing system is inconsistent with international norms of Mdescribes the ways in which the Chinese artistic freedom. government and its ruling Chinese Communist There are countless stories to be told about China, Party successfully influence Hollywood films, and those that are non-controversial from Beijing’s warns how this type of influence has increasingly perspective are no less valid. But there are also become normalized in Hollywood, and explains stories to be told about the ongoing crimes against the implications of this influence on freedom of humanity in Xinjiang, the ongoing struggle of Tibetans expression and on the types of stories that global to maintain their language and culture in the face of audiences are exposed to on the big screen. both societal changes and government policy, the Hollywood is one of the world’s most significant prodemocracy movement in Hong Kong, and honest, storytelling centers, a cinematic powerhouse whose everyday stories about how government policies movies are watched by millions across the globe. -
A Recognitive Theory of Identity and the Structuring of Public Space
A RECOGNITIVE THEORY OF IDENTITY AND THE STRUCTURING OF PUBLIC SPACE Benjamin Carpenter [email protected] Doctoral Thesis University of East Anglia School of Politics, Philosophy, Language and Communication Studies September 2020 This copy of the thesis has been supplied on condition that anyone who consults it is understood to recognise that its copyright rests with the author and that use of any information derived there from must be in accordance with current UK Copyright Law. In addition, any quotation or extract must include full attribution. ABSTRACT This thesis presents a theory of the self as produced through processes of recognition that unfold and are conditioned by public, political spaces. My account stresses the dynamic and continuous processes of identity formation, understanding the self as continually composed through intersubjective processes of recognition that unfold within and are conditioned by the public spaces wherein subjects appear before one another. My theory of the self informs a critique of contemporary identity politics, understanding the justice sought by such politics as hampered by identity enclosure. In contrast to my understanding of the self, the self of identity enclosure is understood as a series of connecting, philosophical pathologies that replicate conditions of oppression through their ontological, epistemological, and phenomenological positions on the self and political space. The politics of enclosure hinge upon a presumptive fixity, understanding the self as abstracted from political spaces of appearance, as a factic entity that is simply given once and for all. Beginning with Hegel's account of identity as recognised, I stress the phenomenological dimensions of recognition, using these to demonstrate how recognition requires a fundamental break from the fixity and rigidity often displayed within the politics of enclosure. -
The Quiet Violence of Rape: Unnamed Survivors, Unnameable Scars
Open Journal of Social Sciences, 2020, 8, 86-104 https://www.scirp.org/journal/jss ISSN Online: 2327-5960 ISSN Print: 2327-5952 The Quiet Violence of Rape: Unnamed Survivors, Unnameable Scars Khaya Gqibitole University of Zululand, Empangeni, South Africa How to cite this paper: Gqibitole, K. Abstract (2020). The Quiet Violence of Rape: Un- named Survivors, Unnameable Scars. Open Rape narratives have often focused on race. Unfortunately, the long term Journal of Social Sciences, 8, 86-104. psychological damage survivors suffer is often disregarded or not treated se- https://doi.org/10.4236/jss.2020.88007 riously. Even reported cases are sometimes removed from the court roll Received: January 27, 2020 without the knowledge of the survivors. The present study aims to highlight Accepted: August 11, 2020 the lifelong impact of rape on the survivors by analysing literary texts that Published: August 14, 2020 feature rape both in South Africa and elsewhere. Rape is often gendered; however, I argue that ascribing rape to women only is patently abysmal be- Copyright © 2020 by author(s) and Scientific Research Publishing Inc. cause men are too victimized. The permanent psychological damage caused This work is licensed under the Creative by rape is often understated; therefore rapists may be aware only of the physi- Commons Attribution International cal pain they inflict. Rape is a crime of power, which is informed by patriar- License (CC BY 4.0). chy, hate, a sense of entitlement, a penchant for body control, a “threatened” http://creativecommons.org/licenses/by/4.0/ masculinity and a herd mentality. The violation often results in desperate ac- Open Access tions such as suicide, homicide, self-blame, and identity-confusion. -
Domestic Workers in Diplomats' Households
Study Domestic Workers in Diplomats’ Households Rights Violations and Access to Justice in the Context of Diplomatic Immunity Angelika Kartusch Imprint The Institute Deutsches Institut für Menschenrechte The German Institute for Human Rights is the inde- German Institute for Human Rights pendent National Human Rights Institution in Ger- Zimmerstr. 26/27 many. It is accredited according to the Paris Principles 10969 Berlin of the United Nations (A-Status). The Institute’s activ- Phone: (+49) (0)30 25 93 59 - 0 ities include the provision of advice on policy issues, Fax: (+49) (0)30 25 93 59 - 59 human rights education, applied research on human [email protected] rights issues and cooperation with international organ- www.institut-fuer-menschenrechte.de izations. It is supported by the German Federal Minis- try of Justice, the Federal Foreign Office, the Federal Cover photograph: Ministry for Economic Cooperation and Development Ms Jacob Langford and the Federal Ministry of Labour and Social Affairs. The National Monitoring Body for the UN Convention Typesetting: on the Rights of Persons with Disabilities was estab- Wertewerk, Tübingen lished at the Institute in May 2009. June 2011 The project “Forced Labor Today - Empowering Traf- ficked Persons” is carried out by the Institute since ISBN 978-3-942315-17-3 (PDF) 2009 in cooperation with the Foundation “Remem- brance, Responsibility and Future” (EVZ). The research © 2011 Deutsches Institut für Menschenrechte for this study has been undertaken as part of the pro- German Institute for Human Rights ject, funded through the Foundation EVZ. The study All rights reserved was printed at the expense of the Institute. -
The Foreign Service Journal, December 1966
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THE TRAUMATIC IMPACT of MEDIA HUMILIATION, MISREPRESENTATION and VICTIM-SHAMING on NARRATIVE IDENTITY and WELL-BEING a Dissertat
THE TRAUMATIC IMPACT OF MEDIA HUMILIATION, MISREPRESENTATION AND VICTIM-SHAMING ON NARRATIVE IDENTITY AND WELL-BEING A dissertation submitted by CHRISTINE MARIE to FIELDING GRADUATE UNIVERSITY In partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY IN PSYCHOLOGY With an Emphasis in Media Psychology This dissertation has been accepted for the faculty of Fielding Graduate University by Committee: Pamela B. Rutledge, PhD, Faculty Reader Daniel R. Sewell, PhD, Faculty Research Specialist Steve K. D. Eichel, PhD, External Examiner TRAUMATIC MEDIA MISREPRESENTATION THE TRAUMATIC IMPACT OF MEDIA HUMILIATION, MISREPRESENTATION AND VICTIM-SHAMING ON NARRATIVE IDENTITY AND WELL-BEING by Christine Marie Abstract In today’s media-saturated world filled with YouTube videos, social media, crime shows, contest shows, and reality TV, there is ample opportunity for average citizens to be humiliated or misrepresented in the media. Although media effects have been studied for decades, in almost every case the research has focused on how the media has affected the consumers of the media. This study, however, is interested in the impact of a negative or false media portrayal on individuals who were the subjects of the media, not the consumers. A mixed- methods phenomenological research approach was used to uncover the lived experience of those who have been humiliated, misrepresented, publicly shamed, or victim-blamed in the media. Quantitatively, 22 individuals answered the Peritraumatic, Dehumanization, Humiliation, Objectification scale, as well as the Centrality of Events scale, both modified to measure humiliation and misrepresentation in the media (MHM). A Pearson’s correlation between these two trauma scales showed a strong significance at the .01 level. -
Post-Socialist Self-Censorship: Russia, Hungary and Latvia
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Aston Publications Explorer Post-Socialist Self-Censorship: Russia, Hungary and Latvia Elisabeth Schimpfössl Aston University, UK Corresponding email address: [email protected] Ilya Yablokov University of Leeds, UK; Tomsk State University, Russia Corresponding email address: [email protected] Abstract This article argues that today in Central and Eastern Europe self-censorship, journalistic freedom and autonomy are just as severely affected by economic constraints, oligarchic influences and new authoritarianism as they are by their Communist pasts. Either way, journalists know exactly what to report, what to omit and how to advance their careers. This is reminiscent of adekvatnost’; a distinct strategy employed by Russian journalists, who regard this skill as an expression of professionalism. It implies having a ‘feel for the game’ and the ‘right instinct’, which allows them to enjoy a certain level of freedom in their work and express their creativity. The authors’ interviews with Latvian and Hungarian journalists, editors and producers examined the extent to which adekvatnost’ might be a feature of journalism beyond Russia, in particular when a media system faces rising populism and oligarch-dominated ownership. As such, knowledge gained about journalistic practices in the countries under investigation might also be useful in understanding media development beyond the post- Communist space, including Western Europe. Keywords: self-censorship, media control, journalism, media oligarchisation, Russia, Central and Eastern Europe Introduction Analysing self-censorship in post-socialist states, this article proposes a new conceptual tool with which to investigate journalistic practices against the background of media oligarchisation and tightened control. -
Presidential Power to Expel Diplomatic Personnel from the United States
Presidential Power to Expel Diplomatic Personnel from the United States The President has inherent constitutional power to declare foreign diplomatic personnel persona non grata and to expel them forcibly from the United States; the exercise of this power is consistent with international law, including specifically the Vienna Conven tion on Diplomatic Relations. Inherent in the President’s power to recognize foreign countries and their ministers is implied power over the physical premises of diplomatic properties, including power to take actions necessary to protect embassies from damage, and to deny possession to or to eject those not recognized as diplomatic personnel of the sending state. A foreign diplomat who has been declared persona non grata and ordered to leave the country does not lose his diplomatic status, and thus should not be able to assert any legal entitlement to remain in the United States under the Immigration and Nationality Act; nor should such an individual be able to frustrate or delay execution of an expulsion order by renouncing his diplomatic status. The Secretary of State may revoke the visas of diplomats declared persona non grata to forestall their invocation of the INA as a basis for challenging the President’s expulsion order. Federal law enforcement officials, particularly the Secret Service, have authority to protect Iranian diplomatic property against third parties, including any persons not currently recognized by the United States as accredited diplomatic personnel. The President is authorized to call on the full range of his resources in the Executive Branch, including the military, and also on the resources of state or local law enforce ment agencies, to carry out an expulsion order in this situation. -
S/PV.8655 Kosovo 31/10/2019
United Nations S/ PV.8655 Security Council Provisional Seventy-fourth year 8655th meeting Thursday, 31 October 2019, 3.20 p.m. New York President: Mr. Matjila/Mr. Mabhongo ........................ (South Africa) Members: Belgium ....................................... Mr. Pecsteen de Buytswerve China ......................................... Mr. Wu Haitao Côte d’Ivoire ................................... Mr. Moriko Dominican Republic .............................. Mr. Trullols Yabra Equatorial Guinea ............................... Mrs. Mele Colifa France ........................................ Mrs. Gueguen Germany ...................................... Mr. Heusgen Indonesia. Mr. Syihab Kuwait ........................................ Mr. Alsabah Peru .......................................... Mr. Duclos Poland ........................................ Ms. Wronecka Russian Federation ............................... Mr. Nebenzia United Kingdom of Great Britain and Northern Ireland .. Mr. Clay United States of America .......................... Mr. Barkin Agenda Security Council resolutions 1160 (1998), 1199 (1998), 1203 (1998), 1239 (1999) and 1244 (1999) Report of the Secretary-General on the United Nations Interim Administration in Kosovo (S/2019/797) This record contains the text of speeches delivered in English and of the translation of speeches delivered in other languages. The final text will be printed in the Official Records of the Security Council. Corrections should be submitted to the original languages only. They should be incorporated -
Extracts from the Vienna Convention on Diplomatic Relations 196 1
APPENDIX I EXTRACTS FROM THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS 196 1. I. ESTABLISHMENT AND CONDUCT OF DIPLOMATIC RELATIONS Article 2 - The establishment of diplomatic relations between States, and of permanent diplomatic missions, takes place by mutual consent. Article 4 - I. The sending State must make certain that the agrement of the receiving State has been given for the person it proposes to accredit as head of the mission to that State. 2. The receiving State is not obliged to give reasons to the sending State for a refusal of agrement. Article 5 - I. The sending State may, after it has given due notification to the receiving States concerned, accredit a head of mission or assign any member of the diplomatic staff, as the case may be, to more than one State, unless there is express objection by any of the receiving States. 2. If the sending State accredits a head of mission to one or more other States, it may establish a diplomatic mission headed by a charge d'affaires ad interim in each State where the head of mission has not his permanent seat. 3. A head of mission or any member of the diplomatic staff of the mission may act as representative of the sending State to any international organisation. Article 6 - Two or more States may accredit the same person as head of mission to another State, unless objection is offered by the receiving State. Article 7 - Subject to the provisions of Articles 5, 8, 9, and II, the sending State may freely appoint the members of the staff of the mission.