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War and the Constitutional Text John C
War and the Constitutional Text John C. Yoo∗ In a series of articles, I have criticized the view that the original under- standing of the Constitution requires that Congress provide its authorization before the United States can engage in military hostilities.1 This “pro- Congress” position ignores the constitutional text and structure, errs in in- terpreting the ratification history of the Constitution, and cannot account for the practice of the three branches of government. Instead of the rigid proc- ess advocated by scholars such as Louis Henkin, John Hart Ely, Louis Fisher, Michael Glennon, and Harold Koh,2 I have argued that the Constitu- tion creates a flexible system of war powers. That system provides the president with significant initiative as commander-in-chief, while reserving to Congress ample authority to check executive policy through its power of the purse. In this scheme, the Declare War Clause confers on Congress a ju- ridical power, one that both defines the state of international legal relations ∗ Professor of Law, University of California at Berkeley School of Law (Boalt Hall) (on leave); Deputy Assistant Attorney General, Office of Legal Counsel, United States Department of Justice. The views expressed here are those of the author alone and do not represent the views of the Department of Justice. I express my deep appreciation for the advice and assistance of James C. Ho in preparing this response. Robert Delahunty, Jack Goldsmith, and Sai Prakash provided helpful comments on the draft. 1 See John C. Yoo, Kosovo, War Powers, and the Multilateral Future, 148 U Pa L Rev 1673, 1686–1704 (2000) (discussing the original understanding of war powers in the context of the Kosovo conflict); John C. -
National Cultural Policy 2012 (Draft)
NATIONAL CULTURAL POLICY MONTSERRAT (DRAFT) TABLE OF CONTENTS Pg Executive Summary 1 Philosophical Statement 1 2 Methodology 1 3 Background 2 4 Definition of Culture 4 5 Mapping the Cultural Landscape 5 6 The Cultural Backdrop 6 7 Proposed Policy Positions of the Government of Montserrat 16 8 Aims of the Policy 17 9 Self Worth and National Pride 18 10 The Arts 21 11 Folkways 24 12 Masquerades 27 13 Heritage 29 14 Education 32 15 Tourism 35 16 Economic Development 38 17 Media and Technology 41 18 Infrastructure 44 19 Implementation 47 Appendix 1 Groups & Persons Consulted Appendix 2 Consulting Instruments Select Biography EXECUTIVE SUMMARY This Executive Summary presents a brief philosophical statement, the policy positions of the government and the aims of the policy. It defines culture, outlines the areas of national life considered in the policy and provides a selection of the action to be taken. The policy document emphasizes the importance of the development of a sense of self-worth and national pride, the role of folkways in defining a Montserratian identity and the role of training, research and documentation in cultural development and preservation. Particular emphasis is placed on culture as a means of broadening the frame of economic activity. The co modification of aspects of culture brooks of no debate; it is inevitable in these challenging economic times. The policy is presented against a backdrop of the Montserrat cultural landscape. Philosophical Statement Montserrat’s culture is rooted in its history with all its trials and triumphs. Culture is not only dynamic and subject to influences and changes over time, but it is also dialectical, meaning that while it springs from history and development, culture also impacts and informs development . -
Prince Edward Island and Confederation 1863-1873
CCHA, Report, 28 (1961), 25-30 Prince Edward Island and Confederation 1863-1873 Francis William Pius BOLGER, Ph.D. St. Dunstan’s University, Charlottetown The idea of Confederation did not receive serious consideration in Prince Edward Island prior to the year 1863. Ten more years elapsed before the subject of union with the British North American Colonies moved into the non-academic and practical sphere. The position of the Island in the Confederation negotiations illustrated in large measure the characteristics of its politics and its attitude to distant administrations. This attitude might best be described simply as a policy of exclusiveness. The history of the Confederation negotiations in Prince Edward Island consisted of the interplay of British, Canadian, and Maritime influences upon this policy. It is the purpose of this paper to tell the story of Confederation in Prince Edward Island from 1863 to 1873. The policy of exclusiveness, which characterized Prince Erward Island’s attitude to Confederation, was clearly revealed in the political arena. The Islanders had a profound respect for local self-government. They enjoyed their political independence, particularly after the attainment of responsible government in 1851, and did not wish to see a reduction in the significance of their local institutions. They realized, moreover, that they would have an insignificant voice in a centralized legislature, and as a result they feared that their local needs would be disregarded. Finally, previous frustrating experience with the Imperial government with respect to the settlement of the land question on the Island had taught the Islanders that it was extremely hazardous to trust the management of local problems to distant and possibly unsympathetic administrations. -
The Resettlement of the Karen in Minnesota A
THE RESETTLEMENT OF THE KAREN IN MINNESOTA A DISSERTATION SUBMITTED TO THE FACULTY OF THE GRADUATE SCHOOLOF THE UNIVERSITY OF MINNESOTA BY Kathleen J Lytle IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY David Hollister, Adviser January, 2015 Kathleen J Lytle 2015 Copyright This thesis is dedicated to: My husband Allen, who walked with me on this journey; My mom Helen, who has always been the most inspiring role model; My children Kari, Jeff, and Laurie; And the Karen people of Minnesota i Abstract Minnesota has a long history of welcoming immigrants and refugees into its communities. Following the Vietnam War large numbers of Southeast Asian (SEA) refugees came to Minnesota. With the implementation of the Refugee Act of 1980, a formal refugee resettlement program was created nation-wide. As part of the Refugee Act of 1980 Voluntary agencies (VOLAGs), were established to help the refugees with their resettlement process. Soon after the arrival of refugees from Laos, Vietnam and Cambodia, refugees from other countries began coming to Minnesota. In the 1990s refugees from the former Soviet Union began resettling in Minnesota. In the mid 1990s refugees from East Africa began arriving. In the early 2000s, large numbers of Karen refugees from Burma began coming to Minnesota. In order to help the Karen refugees in their acculturation, it is important for the community within which they are living to understand them and their culture. Using an ethnographic approach, this qualitative research project is aimed at understanding the lived experiences of the Karen and their resettlement. -
Antigua and Barbuda an Annotated Critical Bibliography
Antigua and Barbuda an annotated critical bibliography by Riva Berleant-Schiller and Susan Lowes, with Milton Benjamin Volume 182 of the World Bibliographical Series 1995 Clio Press ABC Clio, Ltd. (Oxford, England; Santa Barbara, California; Denver, Colorado) Abstract: Antigua and Barbuda, two islands of Leeward Island group in the eastern Caribbean, together make up a single independent state. The union is an uneasy one, for their relationship has always been ambiguous and their differences in history and economy greater than their similarities. Barbuda was forced unwillingly into the union and it is fair to say that Barbudan fears of subordination and exploitation under an Antiguan central government have been realized. Barbuda is a flat, dry limestone island. Its economy was never dominated by plantation agriculture. Instead, its inhabitants raised food and livestock for their own use and for provisioning the Antigua plantations of the island's lessees, the Codrington family. After the end of slavery, Barbudans resisted attempts to introduce commercial agriculture and stock-rearing on the island. They maintained a subsistence and small cash economy based on shifting cultivation, fishing, livestock, and charcoal-making, and carried it out under a commons system that gave equal rights to land to all Barbudans. Antigua, by contrast, was dominated by a sugar plantation economy that persisted after slave emancipation into the twentieth century. Its economy and goals are now shaped by the kind of high-impact tourism development that includes gambling casinos and luxury hotels. The Antiguan government values Barbuda primarily for its sparsely populated lands and comparatively empty beaches. This bibliography is the only comprehensive reference book available for locating information about Antigua and Barbuda. -
Violence, Warfare and Politics in Colonial Burma(<Special Issue
State Formation in the Shadow of the Raj: Violence, Warfare Title and Politics in Colonial Burma(<Special Issue>State Formation in Comparative Perspectives) Author(s) Callahan, Mary P. Citation 東南アジア研究 (2002), 39(4): 513-536 Issue Date 2002-03 URL http://hdl.handle.net/2433/53713 Right Type Departmental Bulletin Paper Textversion publisher Kyoto University Southeast Asian Studies, Vol. 39, No. 4, March 2002 State Formation in the Shadow of the Raj: Violence, Warfare and Politics in Colonial Burma* Mary P. CALLAHAN** Normally, society is organized for life; the object of Leviathan was to organise it for production. J.S. Furnivall [1939: 124] Abstract This article examines the construction of the colonial security apparatus in Burma, within the broader British colonial project in eastern Asia. During the colonial period, the state in Burma was built by default, as no one in London or India ever mapped out a strategy for establishing governance in this outpost. Instead of sending in legal, commercial or police experts to establish law and order—the preconditions of the all-important commerce— Britain sent the Indian Army, which faced an intensity and landscape of guerilla resistance never anticipated. Early forays into the establishment of law and order increasingly became based on conceptions of the population as enemies to be pacified, rather than subjects to be incorporated into or even ignored by the newly defined political entity. The character of armed administration in colonial Burma had a disproportionate impact on how that popula- tion came to be regarded, treated, legalized and made into subjects of the Raj. -
Federal Research Division Country Profile: Tajikistan, January 2007
Library of Congress – Federal Research Division Country Profile: Tajikistan, January 2007 COUNTRY PROFILE: TAJIKISTAN January 2007 COUNTRY Formal Name: Republic of Tajikistan (Jumhurii Tojikiston). Short Form: Tajikistan. Term for Citizen(s): Tajikistani(s). Capital: Dushanbe. Other Major Cities: Istravshan, Khujand, Kulob, and Qurghonteppa. Independence: The official date of independence is September 9, 1991, the date on which Tajikistan withdrew from the Soviet Union. Public Holidays: New Year’s Day (January 1), International Women’s Day (March 8), Navruz (Persian New Year, March 20, 21, or 22), International Labor Day (May 1), Victory Day (May 9), Independence Day (September 9), Constitution Day (November 6), and National Reconciliation Day (November 9). Flag: The flag features three horizontal stripes: a wide middle white stripe with narrower red (top) and green stripes. Centered in the white stripe is a golden crown topped by seven gold, five-pointed stars. The red is taken from the flag of the Soviet Union; the green represents agriculture and the white, cotton. The crown and stars represent the Click to Enlarge Image country’s sovereignty and the friendship of nationalities. HISTORICAL BACKGROUND Early History: Iranian peoples such as the Soghdians and the Bactrians are the ethnic forbears of the modern Tajiks. They have inhabited parts of Central Asia for at least 2,500 years, assimilating with Turkic and Mongol groups. Between the sixth and fourth centuries B.C., present-day Tajikistan was part of the Persian Achaemenian Empire, which was conquered by Alexander the Great in the fourth century B.C. After that conquest, Tajikistan was part of the Greco-Bactrian Kingdom, a successor state to Alexander’s empire. -
Tokelau the Last Colony?
Tokelau The last colony? TONY ANGELO (Taupulega) is, and long has been, the governing body. The chairman (Faipule) of the council and a village head ITUATED WELL NORTH OF NEW ZEALAND and (Pulenuku) are elected by universal suffrage in the village SWestern Samoa and close to the equator, the small every three years. The three councils send representatives atolls of Tokelau, with their combined population of about to form the General Fono which is the Tokelau national 1600 people, may well be the last colony of New Zealand. authority; it originally met only once or twice a year and Whether, when and in what way that colonial status of advised the New Zealand Government of Tokelau's Tokelau will end, is a mat- wishes. ter of considerable specula- The General Fono fre- lion. quently repeated advice, r - Kirlb•ll ·::- (Gifb•rr I•) The recently passed lbn•b'a ' ......... both to the New Zealand (Oc: ..n I} Tokelau Amendment Act . :_.. PMtnb 11 Government and to the UN 1996- it received the royal Committee on Decoloni • •• roltfl•u assent on 10 June 1996, and 0/tlh.g• sation, that Tokelau did not 1- •, Aotum•- Uu.t (Sw•ln•J · came into force on 1 August 1 f .. • Tllloplol ~~~~~ !•J.. ·-~~~oa wish to change its status ~ ~ 1996 - is but one piece in ' \, vis-a-vis New Zealand. the colourful mosaic of •l . However, in an unexpected Tokelau's constitutional de change of position (stimu- velopment. lated no doubt by external The colonialism that factors such as the UN pro Tokelau has known has posal to complete its been the British version, and decolonisation business by it has lasted so far for little the year 2000), the Ulu of over a century. -
Warfare in a Fragile World: Military Impact on the Human Environment
Recent Slprt•• books World Armaments and Disarmament: SIPRI Yearbook 1979 World Armaments and Disarmament: SIPRI Yearbooks 1968-1979, Cumulative Index Nuclear Energy and Nuclear Weapon Proliferation Other related •• 8lprt books Ecological Consequences of the Second Ihdochina War Weapons of Mass Destruction and the Environment Publish~d on behalf of SIPRI by Taylor & Francis Ltd 10-14 Macklin Street London WC2B 5NF Distributed in the USA by Crane, Russak & Company Inc 3 East 44th Street New York NY 10017 USA and in Scandinavia by Almqvist & WikseH International PO Box 62 S-101 20 Stockholm Sweden For a complete list of SIPRI publications write to SIPRI Sveavagen 166 , S-113 46 Stockholm Sweden Stoekholol International Peace Research Institute Warfare in a Fragile World Military Impact onthe Human Environment Stockholm International Peace Research Institute SIPRI is an independent institute for research into problems of peace and conflict, especially those of disarmament and arms regulation. It was established in 1966 to commemorate Sweden's 150 years of unbroken peace. The Institute is financed by the Swedish Parliament. The staff, the Governing Board and the Scientific Council are international. As a consultative body, the Scientific Council is not responsible for the views expressed in the publications of the Institute. Governing Board Dr Rolf Bjornerstedt, Chairman (Sweden) Professor Robert Neild, Vice-Chairman (United Kingdom) Mr Tim Greve (Norway) Academician Ivan M£ilek (Czechoslovakia) Professor Leo Mates (Yugoslavia) Professor -
Chapter 31 Notes: Societies at Crossroads
Chapter 31 Notes: Societies at Crossroads Chapter Outline I. Introduction: Ottoman empire, Russia, China, and Japan A. Common problems 1. Military weakness, vulnerability to foreign threats 2. Internal weakness due to economic problems, financial difficulties, and corruption B. Reform efforts 1. Attempts at political and educational reform and at industrialization 2. Turned to western models C. Different results of reforms 1. Ottoman empire, Russia, and China unsuccessful; societies on the verge of collapse 2. Reform in Japan was more thorough; Japan emerged as an industrial power II. The Ottoman empire in decline A. The nature of decline 1. Military decline since the late seventeenth century a. Ottoman forces behind European armies in strategy, tactics, weaponry, training b. Janissary corps politically corrupt, undisciplined c. Provincial governors gained power, private armies 2. Extensive territorial losses in nineteenth century a. Lost Caucasus and central Asia to Russia; western frontiers to Austria; Balkan provinces to Greece and Serbia b. Egypt gained autonomy after Napoleon's failed campaign in 1798 (a) Egyptian general Muhammad Ali built a powerful, modern army (b) Ali's army threatened Ottomans, made Egypt an autonomous province 3. Economic difficulties began in seventeenth century a. Less trade through empire as Europeans shifted to the Atlantic Ocean basin b. Exported raw materials, imported European manufactured goods c. Heavily depended on foreign loans, half of the revenues paid to loan interest d. Foreigners began to administer the debts of the Ottoman state by 1882 4. The "capitulations": European domination of Ottoman economy a. Extraterritoriality: Europeans exempt from Ottoman law within the empire b. -
Immigration During the Crown Colony Period, 1840-1852
1 2: Immigration during the Crown Colony period, 1840-1852 Context In 1840 New Zealand became, formally, a part of the British Empire. The small and irregular inflow of British immigrants from the Australian Colonies – the ‘Old New Zealanders’ of the mission stations, whaling stations, timber depots, trader settlements, and small pastoral and agricultural outposts, mostly scattered along the coasts - abruptly gave way to the first of a number of waves of immigrants which flowed in from 1840.1 At least three streams arrived during the period 1840-1852, although ‘Old New Zealanders’ continued to arrive in small numbers during the 1840s. The first consisted of the government officials, merchants, pastoralists, and other independent arrivals, the second of the ‘colonists’ (or land purchasers) and the ‘emigrants’ (or assisted arrivals) of the New Zealand Company and its affiliates, and the third of the imperial soldiers (and some sailors) who began arriving in 1845. New Zealand’s European population grew rapidly, marked by the establishment of urban communities, the colonial capital of Auckland (1840), and the Company settlements of Wellington (1840), Petre (Wanganui, 1840), New Plymouth (1841), Nelson (1842), Otago (1848), and Canterbury (1850). Into Auckland flowed most of the independent and military streams, and into the company settlements those arriving directly from the United Kingdom. Thus A.S.Thomson observed that ‘The northern [Auckland] settlers were chiefly derived from Australia; those in the south from Great Britain. The former,’ he added, ‘were distinguished for colonial wisdom; the latter for education and good home connections …’2 Annexation occurred at a time when emigration from the United Kingdom was rising. -
Building an Unwanted Nation: the Anglo-American Partnership and Austrian Proponents of a Separate Nationhood, 1918-1934
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Carolina Digital Repository BUILDING AN UNWANTED NATION: THE ANGLO-AMERICAN PARTNERSHIP AND AUSTRIAN PROPONENTS OF A SEPARATE NATIONHOOD, 1918-1934 Kevin Mason A dissertation submitted to the faculty of the University of North Carolina at Chapel Hill in partial fulfillment of the requirements for the degree of PhD in the Department of History. Chapel Hill 2007 Approved by: Advisor: Dr. Christopher Browning Reader: Dr. Konrad Jarausch Reader: Dr. Lloyd Kramer Reader: Dr. Michael Hunt Reader: Dr. Terence McIntosh ©2007 Kevin Mason ALL RIGHTS RESERVED ii ABSTRACT Kevin Mason: Building an Unwanted Nation: The Anglo-American Partnership and Austrian Proponents of a Separate Nationhood, 1918-1934 (Under the direction of Dr. Christopher Browning) This project focuses on American and British economic, diplomatic, and cultural ties with Austria, and particularly with internal proponents of Austrian independence. Primarily through loans to build up the economy and diplomatic pressure, the United States and Great Britain helped to maintain an independent Austrian state and prevent an Anschluss or union with Germany from 1918 to 1934. In addition, this study examines the minority of Austrians who opposed an Anschluss . The three main groups of Austrians that supported independence were the Christian Social Party, monarchists, and some industries and industrialists. These Austrian nationalists cooperated with the Americans and British in sustaining an unwilling Austrian nation. Ultimately, the global depression weakened American and British capacity to practice dollar and pound diplomacy, and the popular appeal of Hitler combined with Nazi Germany’s aggression led to the realization of the Anschluss .