DOCSLIB.ORG

Change, Dependency, and Regime Plasticity in Offshore Financial Intermediation: the Saga of the Netherlands Antilles

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Change, Dependency, and Regime Plasticity in Offshore Financial Intermediation: the Saga of the Netherlands Antilles Texas A&M University School of Law Texas A&M Law Scholarship Faculty Scholarship 1-2009 Change, Dependency, and Regime Plasticity in Offshore Financial Intermediation: The Saga of the Netherlands Antilles Craig M. Boise Andrew P. Morriss Texas A&M University School of Law, [email protected] Follow this and additional works at: https://scholarship.law.tamu.edu/facscholar Part of the Law Commons Recommended Citation Craig M. Boise & Andrew P. Morriss, Change, Dependency, and Regime Plasticity in Offshore Financial Intermediation: The Saga of the Netherlands Antilles, 45 Tex. Int'l L. J. 377 (2009). Available at: https://scholarship.law.tamu.edu/facscholar/265 This Article is brought to you for free and open access by Texas A&M Law Scholarship. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Texas A&M Law Scholarship. For more information, please contact [email protected]. Change, Dependency, and Regime Plasticity in Offshore Financial Intermediation: The Saga of the Netherlands Antilles CRAIG M. BOISE* & ANDREW P. MORRISS** Abstract The legal regimes of offshore jurisdictionshave historically differed in significant ways from those applicable in onshore jurisdictions. Inevitably, legal and financial professionals have seized upon these differences to develop strategies for reducing transactions costs. A prominent example of such cross-border arbitrage was the routing of Eurodollarloans through a small group of former Dutch island colonies in the Caribbean,a practice which peaked in the mid-1980s, when virtually every major U.S. corporation made interest payments to a Netherlands Antilles finance subsidiary. The "Antilles sandwich" strategy exploited the difference between high U.S. withholding tax rates that applied to interest payments made to most foreign lenders, and the zero rate of tax that applied to U.S. interest payments made to residents of the Antilles under the United States-Netherlands Antilles double taxation treaty. Both jurisdictions reaped significant benefits from the strategy until the United States unilaterally terminated the tax treaty in 1987, virtually wiping out the Antilles offshore financial sector overnight. Unfortunately, because of rigidity in its governance structure, the Antilles failed to develop alternativefinancial intermediationstrategies to replace the Antilles sandwich structure before its demise. The rise and fall of the Antilles' offshore financial sector provides insight into the current debate over the role of offshore financial centers like the Antilles within the global economy. Concerned about tax evasion by their residents, onshorejurisdictions * Professor of Law, Director of Tax Programs, and Director, Institute for Offshore Financial Studies, DePaul University College of Law. B.A., University of Missouri-Kansas City; J.D., University of Chicago Law School; LL.M (Taxation), New York University School of Law. We thank the Mercatus Center at George Mason University for financial support for travel to Curaqao, Claire Morgan at Mercatus for her support, and the numerous people in Curaqao who took time from their schedules to talk to a couple of American law professors. In particular, Phyllis van den Hout of CIFA generously opened doors for us with many people. Eric Andersen, Hermann Behr, Felipe Croes, Gregory Elias, Errol Gova, Zuleika S. Lasten, Edgar Nunes, Shulaika Paassen-Delsol, Eric Passen, and Guiveron T. Weert graciously spent time with us, as well as others who asked not to be named. Matthew Brown, Justin Cook and Cyrus Sachinvala provided able research assistance. Thanks for helpful comments are owed as well to the participants in the faculty workshop in 2008 at George Mason University School of Law, particularly Eric Claeys, and to Allison Christians. As always, Andrew Dorchak and Stephanie Davidson cheerfully provided invaluable reference assistance that made our lives easier and improved the content immensely. Of course, all errors remain our own. ** H. Ross & Helen Workman Professor of Law & Professor of Business Administration, University of Illinois; Senior Scholar at the Mercatus Center at George Mason University, and Senior Fellow, Property & Environment Research Center, Bozeman, Montana. A.B. Princeton University; J.D., M.Pub.Aff., University of Texas; Ph.D. (Economics) Massachusetts Institute of Technology. TEXAS INTERNATIONAL LAW JOURNAL [VOL. 45:377 including France, Germany, and the United States are pressing for major changes in offshore jurisdictions' legal and regulatory regimes that may eliminate legitimate opportunitiesfor internationalarbitrage. In such an environment, offshore financial centers may find it difficult to survive. In this article, we distill from the Antilles experience a theory of "regime plasticity" and examine the role that it plays in allowing offshore financial centers to adapt to changes in the legal and political environments within which they operate. How offshore financial centers react and whether they have learned the lessons of the Antilles' experience will play a major role in determining the future of the global offshore financialsector. SUMMARY I. INTRO D U CTIO N ................................................................................................... 379 II. ECONOMIC UNDERPINNINGS ............................................................................. 384 A . "A L onely Island"...................................................................................... 384 B. The Impact of the Second World War ....................................................... 391 C. JurisdictionalFoundations ......................................................................... 396 II. THE ARC OF ANTILLEAN FINANCIAL INTERMEDIATION ............................... 401 A. The Economic Need to Create an Offshore Sector................................... 401 B. The Beginnings of Offshore Activity ......................................................... 404 C. "L ike Finding G old".................................................................................. 406 D. Expanding the Franchise............................................................................ 410 E. Trouble on the H orizon .............................................................................. 414 F. "Then Disaster Struck". .............................................................................. 419 III. REGIME FLEXIBILITY, THE ANTILLES, AND THE FUTURE OF OFFSHORE FINANCIAL INTERMEDIATION ........................................................................... 426 A. A Theory of Regime Plasticity.................................................................... 427 1. The Persistence of Difference ............................................................. 427 2. The Challenge of Change .................................................................... 430 3. The Imperative of Legislative Agility ................................................ 431 4. C onstitutional C oncerns ...................................................................... 434 B. The NetherlandsAntilles in the Aftermath of Treaty Repeal................... 435 1. The Post-Treaty Antilles and Legislative Flexibility ........................ 436 2. The Post-Treaty Antilles and Constitutional Concerns ................... 437 IV. LESSONS FOR THE FUTURE OF OFFSHORE FINANCIAL INTERMEDIATION...441 A. The Prospectsfor the Antilles ..................................................................... 441 B. Other Offshore Jurisdictions...................................................................... 447 C. O nshore Competitors .................................................................................. 44 9 D. The Impact of MultilateralInstitutions ...................................................... 453 E. The Changing Clim ate ................................................................................ 454 V . C ONCLU SIO N ....................................................................................................... 455 2009] OFFSHORE FINANCIAL INTERMEDIATION I. INTRODUCTION In the immediate aftermath of World War II, world markets were littered with protective measures, exchange control regimes, tariffs, and endless quantitative trade restrictions.! As the decades following the war passed, barriers to trade in goods gradually fell and, as trade grew, global capital markets also began to open.2 The pace of that opening varied considerably across jurisdictions around the globe, however, leading to significant differences among the legal regimes within those jurisdictions. It was virtually inevitable that legal and financial professionals would seize upon these differences to develop strategies for reducing transaction costs (including taxes and regulatory expenditures) through international arbitrage. One of the most prominent examples of this was the use of Netherlands Antilles international finance subsidiaries by U.S. companies to tap into the Eurodollar markets.' This practice peaked in the mid-1980s, when virtually every major U.S. corporation had at least one Antilles finance subsidiary.4 The "Antilles sandwich" financing strategy was not a result of competitive or opportunistic lawmaking by an offshore financial center. Rather, it exploited the then-existing difference between high withholding tax rates that applied to interest 1. KEETIE E. SLUYTERMAN, DUTCH ENTERPRISE IN THE TWENTIETH CENTURY: BUSINESS STRATEGIES IN A SMALL OPEN ECONOMY 166 (2005). 2. See JOOST JONKER & KEETIE
Load more

Recommended publications
  • Cultural Production in Andrea Levy's Small Island Author: Alicia E
    ENTERTEXT Identity as Cultural Production in Andrea Levy's Small Island Author: Alicia E. Ellis Source: EnterText, “Special Issue on Andrea Levy 9,” (2012): 69-83. Abstract Andrea Levy's Small Island (2004) presents a counter-history of the period before and after World War II (1939-1945) when men and women from the Caribbean volunteered for all branches of the British armed services and many eventually immigrated to London after the war officially ended in 1945. Her historical novel moves back and forth between 1924 and 1948 as well as across national borders and cultures. Levy’s novel, written more than fifty years after the first Windrush arrival, creates a common narrative of nation and identity in order to understand the experiences of Black people in Britain. Small Island—structured around four competing voices whose claims of textual, personal and historical truth must be acknowledged—refuses to establish a singular articulation of the experience of migration and empire. In this essay, I focus on discrete moments in the “Prologue” in Levy’s Small Island in order to think through the formation of discursive identity through the encounter with others and the necessity of accommodating difference. Small Island forecloses the possibility of addressing modern multiculturalism as a purported ‘happy ending’ in light of Levy’s formulation of the Windrush moment as disruptive, violent, and overwhelmed by flawed characters. Yet, through the space of writing, she also invites the reader to experience moments of encounter and negotiate the often competing claims on nationhood, citizenship, and culture. Identity as Cultural Production in Andrea Levy's Small Island Alicia E.
    [Show full text]
  • "Free Negroes" - the Development of Early English Jamaica and the Birth of Jamaican Maroon Consciousness, 1655-1670
    Georgia State University ScholarWorks @ Georgia State University History Theses Department of History 12-16-2015 "Free Negroes" - The Development of Early English Jamaica and the Birth of Jamaican Maroon Consciousness, 1655-1670 Patrick John Nichols Georgia State University Follow this and additional works at: https://scholarworks.gsu.edu/history_theses Recommended Citation Nichols, Patrick John, ""Free Negroes" - The Development of Early English Jamaica and the Birth of Jamaican Maroon Consciousness, 1655-1670." Thesis, Georgia State University, 2015. https://scholarworks.gsu.edu/history_theses/100 This Thesis is brought to you for free and open access by the Department of History at ScholarWorks @ Georgia State University. It has been accepted for inclusion in History Theses by an authorized administrator of ScholarWorks @ Georgia State University. For more information, please contact [email protected]. “FREE NEGROES” – THE DEVELOPMENT OF EARLY ENGLISH JAMAICA AND THE BIRTH OF JAMAICAN MAROON CONSCIOUSNESS, 1655-1670 by PATRICK JOHN NICHOLS Under the Direction of Harcourt Fuller, PhD ABSTRACT The English conquest of Jamaica in 1655 was a turning point in the history of Atlantic World colonialism. Conquest displaced the Spanish colony and its subjects, some of who fled into the mountainous interior of Jamaica and assumed lives in isolation. This project reconstructs the historical experiences of the “negro” populations of Spanish and English Jamaica, which included its “free black”, “mulattoes”, indigenous peoples, and others, and examines how English cosmopolitanism and distinct interactions laid the groundwork for and informed the syncretic identities and communities that emerged decades later. Upon the framework of English conquest within the West Indies, I explore the experiences of one such settlement alongside the early English colony of Jamaica to understand how a formal relationship materialized between the entities and how its course inflected the distinct socio-political identity and emergent political agency embodied by the Jamaican Maroons.
    [Show full text]
  • PELLIZZARI-DISSERTATION-2020.Pdf (3.679Mb)
    A Struggle for Empire: Resistance and Reform in the British Atlantic World, 1760-1778 The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Pellizzari, Peter. 2020. A Struggle for Empire: Resistance and Reform in the British Atlantic World, 1760-1778. Doctoral dissertation, Harvard University, Graduate School of Arts & Sciences. Citable link https://nrs.harvard.edu/URN-3:HUL.INSTREPOS:37365752 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Other Posted Material, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#LAA A Struggle for Empire: Resistance and Reform in the British Atlantic World, 1760-1778 A dissertation presented by Peter Pellizzari to The Department of History in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the subject of History Harvard University Cambridge, Massachusetts May 2020 © 2020 Peter Pellizzari All rights reserved. Dissertation Advisors: Jane Kamensky and Jill Lepore Peter Pellizzari A Struggle for Empire: Resistance and Reform in the British Atlantic World, 1760-1778 Abstract The American Revolution not only marked the end of Britain’s control over thirteen rebellious colonies, but also the beginning of a division among subsequent historians that has long shaped our understanding of British America. Some historians have emphasized a continental approach and believe research should look west, toward the people that inhabited places outside the traditional “thirteen colonies” that would become the United States, such as the Gulf Coast or the Great Lakes region.
    [Show full text]
  • The University of Chicago the Creole Archipelago
    THE UNIVERSITY OF CHICAGO THE CREOLE ARCHIPELAGO: COLONIZATION, EXPERIMENTATION, AND COMMUNITY IN THE SOUTHERN CARIBBEAN, C. 1700-1796 A DISSERTATION SUBMITTED TO THE FACULTY OF THE DIVISION OF THE SOCIAL SCIENCES IN CANDIDACY FOR THE DEGREE OF DOCTOR OF PHILOSOPHY DEPARTMENT OF HISTORY BY TESSA MURPHY CHICAGO, ILLINOIS MARCH 2016 Table of Contents List of Tables …iii List of Maps …iv Dissertation Abstract …v Acknowledgements …x PART I Introduction …1 1. Creating the Creole Archipelago: The Settlement of the Southern Caribbean, 1650-1760...20 PART II 2. Colonizing the Caribbean Frontier, 1763-1773 …71 3. Accommodating Local Knowledge: Experimentations and Concessions in the Southern Caribbean …115 4. Recreating the Creole Archipelago …164 PART III 5. The American Revolution and the Resurgence of the Creole Archipelago, 1774-1785 …210 6. The French Revolution and the Demise of the Creole Archipelago …251 Epilogue …290 Appendix A: Lands Leased to Existing Inhabitants of Dominica …301 Appendix B: Lands Leased to Existing Inhabitants of St. Vincent …310 A Note on Sources …316 Bibliography …319 ii List of Tables 1.1: Respective Populations of France’s Windward Island Colonies, 1671 & 1700 …32 1.2: Respective Populations of Martinique, Grenada, St. Lucia, Dominica, and St. Vincent c.1730 …39 1.3: Change in Reported Population of Free People of Color in Martinique, 1732-1733 …46 1.4: Increase in Reported Populations of Dominica & St. Lucia, 1730-1745 …50 1.5: Enslaved Africans Reported as Disembarking in the Lesser Antilles, 1626-1762 …57 1.6: Enslaved Africans Reported as Disembarking in Jamaica & Saint-Domingue, 1526-1762 …58 2.1: Reported Populations of the Ceded Islands c.
    [Show full text]
  • Movement of the People: the Relationship Between Black Consciousness Movements
    University of South Florida Scholar Commons Graduate Theses and Dissertations Graduate School 4-7-2008 Movement Of The eople:P The Relationship Between Black Consciousness Movements, Race, and Class in the Caribbean Deborah G. Weeks University of South Florida Follow this and additional works at: https://scholarcommons.usf.edu/etd Part of the American Studies Commons Scholar Commons Citation Weeks, Deborah G., "Movement Of The eP ople: The Relationship Between Black Consciousness Movements, Race, and Class in the Caribbean" (2008). Graduate Theses and Dissertations. https://scholarcommons.usf.edu/etd/560 This Thesis is brought to you for free and open access by the Graduate School at Scholar Commons. It has been accepted for inclusion in Graduate Theses and Dissertations by an authorized administrator of Scholar Commons. For more information, please contact [email protected]. Movement Of The People: The Relationship Between Black Consciousness Movements, Race, and Class in the Caribbean by Deborah G. Weeks A thesis submitted in partial fulfillment of the requirements for the degree of Master of Liberal Arts Department of Africana Studies College of Arts and Sciences University of South Florida Co-Major Professor: Deborah Plant, Ph.D. Co-Major Professor: Eric D. Duke, Ph.D. Navita Cummings James, Ph.D. Date of Approval: April 7, 2008 Keywords: black power, colonization, independence, pride, nationalism, west indies © Copyright 2008 , Deborah G. Weeks Dedication I dedicate this thesis to the memory of Dr. Trevor Purcell, without whose motivation and encouragement, this work may never have been completed. I will always remember his calm reassurance, expressed confidence in me, and, of course, his soothing, melodic voice.
    [Show full text]
  • Dangerous Spirit of Liberty: Slave Rebellion, Conspiracy, and the First Great Awakening, 1729-1746
    Dangerous Spirit of Liberty: Slave Rebellion, Conspiracy, and the First Great Awakening, 1729-1746 by Justin James Pope B.A. in Philosophy and Political Science, May 2000, Eckerd College M.A. in History, May 2005, University of Cincinnati M.Phil. in History, May 2008, The George Washington University A Dissertation submitted to The Faculty of The Columbian College of Arts and Sciences of The George Washington University in partial fulfillment of the requirements for the degree of Doctor of Philosophy January 31, 2014 Dissertation directed by David J. Silverman Professor of History The Columbian College of Arts and Sciences of The George Washington University certifies that Justin Pope has passed the Final Examination for the degree of Doctor of Philosophy January 10, 2014. This is the final and approved form of the dissertation. Dangerous Spirit of Liberty: Slave Rebellion, Conspiracy, and the Great Awakening, 1729-1746 Justin Pope Dissertation Research Committee: David J. Silverman, Professor of History, Dissertation Director Denver Brunsman, Assistant Professor of History, Committee Member Greg L. Childs, Assistant Professor of History, Committee Member ii © Copyright 2014 by Justin Pope All rights reserved iii Acknowledgments I feel fortunate to thank the many friends and colleagues, institutions and universities that have helped me produce this dissertation. The considerable research for this project would not have been possible without the assistance of several organizations. The Gilder Lehrman Institute of American History, the Maryland Historical Society, the Cosmos Club Foundation of Washington, D.C., the Andrew Mellon Fellowship of the Virginia Historical Society, the W. B. H. Dowse Fellowship of the Massachusetts Historical Society, the Thompson Travel Grant from the George Washington University History Department, and the Colonial Williamsburg Foundation Research Fellowship all provided critical funding for my archival research.
    [Show full text]
  • English Settlement and Local Governance Mary Sarah Bilder Boston College Law School, [email protected]
    Boston College Law School Digital Commons @ Boston College Law School Boston College Law School Faculty Papers 11-2008 English Settlement and Local Governance Mary Sarah Bilder Boston College Law School, [email protected] Follow this and additional works at: https://lawdigitalcommons.bc.edu/lsfp Part of the Legal History Commons Recommended Citation Mary Sarah Bilder. "English Settlement and Local Governance." The Cambridge History of Law in America Volume 1: Early America (1580–1815), Cambridge University Press (2008): 63-103. This Article is brought to you for free and open access by Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law School Faculty Papers by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. Cambridge Histories Online http://universitypublishingonline.org/cambridge/histories/ The Cambridge History of Law in America Edited by Michael Grossberg, Christopher Tomlins Book DOI: http://dx.doi.org/10.1017/CHOL9780521803052 Online ISBN: 9781139054171 Hardback ISBN: 9780521803052 Paperback ISBN: 9781107605053 Chapter 3 - English Settlement and Local Governance pp. 63-103 Chapter DOI: http://dx.doi.org/10.1017/CHOL9780521803052.004 Cambridge University Press P1:JZP 9780521803052c03 CUFX175/Grossberg 978 0 521 80305 2 August 31, 2007 3:30 3 english settlement and local governance mary sarah bilder In late 1584, as Sir Walter Raleigh began to organize an effort to send settlers to Roanoke Island, an anonymous author asked, “What manner of geouernement is to be vsed and what offics to geouerne?”1 The mysterious end to the Roanoke settlement offers no answer.
    [Show full text]
  • The Royalist Maroons of Jamaica in the British Atlantic World, 1740-1800
    Os Quilombolas Monarquistas da Jamaica no Mundo Atlântico Britânico, 1740-1800 Th e Royalist Maroons of Jamaica in the British Atlantic World, 1740-1800 Ruma CHOPRA1 https://orcid.org/0000-0002-4838-4678 1 San Jose State University One Washington Square, San Jose, California, 95192, USA [email protected] Resumo Este artigo investiga como uma comunidade de ex-escravos, os quilombolas de Trelawney Town, do norte da Jamaica, sobreviveu à escravidão e ao exílio, aliando-se aos interesses do Império Britânico. A Jamaica, como outras sociedades escravistas do Novo Mundo, produziu fugitivos, e quando esses escravos fugidos estabeleceram comunidades separadas e autônomas de longa duração foram chamados, em inglês, de Maroons e, em português, de quilombolas. O isolamento protegeu os quilombolas jamaicanos da escravidão, mas também os impediu de participar da prosperidade do Império Britânico em expansão. Em 1740, após anos de guerrilha contra a elite colonial, seis grupos quilombolas da ilha assinaram tratados nos quais aceitavam o regime da plantation, optando por usar sua experiência de guerrilha em benefício dos grandes proprietários, e não contra eles. Em troca de sua própria autonomia, tor- naram-se caçadores de escravos e impediram outros escravos de estabe- lecer novas comunidades quilombolas. Porém, décadas de lealdade não evitaram que o maior grupo de quilombolas, o de Trelawney Town, fosse banido. Em 1796, após uma guerra violenta, o governo colonial depor- tou-os sumariamente para a Nova Escócia britânica. Depois de quatro Recebido: 25 abr. 2018 | Revisto: 31 jul. 2018 | Aceito: 15 ago. de 2018 http://dx.doi.org/10.1590/0104-87752019000100008 Varia Historia, Belo Horizonte, vol.
    [Show full text]
  • Introduction
    Introduction My Father’s Land I was on my way to the town of Shashemene, about 250 kilometers south of Addis Ababa. Having worked in Jamaica, Shashemene was a place that I mostly had heard about in reggae songs. It was where I’d been told that Rastafari,1 who view Ethiopia as the Promised Land and themselves as Ethiopian, had developed a settlement on land provided to them by Emperor Haile Selassie I, who ruled the country from 1930 to 1974. At the time of my first visit, I had just finished volunteering with Habitat for Humanity on a project in Jimma, a town located in the west of the country. I had extended my plane ticket home with the idea of doing a bit of traveling. I thought it might be interesting to visit Shashemene and see the Rastafari town I had heard about. I had few further details. I sat at the back of the bus next to a young woman who introduced herself as Meskerem.2 After I said “yeqerta,” excusing myself for shimmying into the very last available space, she looked at me with a shocked look on her face. “Amarinya techeyalesh?” she asked, want- ing to know if I spoke Amharic. I awkwardly told her that I had a little knowledge of the language: “Amarinya tenish tenish new yemechilew.” Delighted, we set up a bit of a “language trade” as the bus left Addis Ababa. It takes nearly six hours to make the journey to Shashemene, includ- ing a lunch stop in Ziway, a little more than halfway to the final des- tination.
    [Show full text]
  • Download PDF 560.34 KB
    Florida State University Libraries Electronic Theses, Treatises and Dissertations The Graduate School 2007 18th Century Transformations of the Jamaican Plantocracy: Edward Long and Bryan Edwards Robert Braxton Bird Follow this and additional works at the FSU Digital Library. For more information, please contact [email protected] THE FLORIDA STATE UNIVERSITY COLLEGE OF ARTS AND SCIENCES 18TH CENTURY TRANSFORMATIONS OF THE JAMAICAN PLANTOCRACY: EDWARD LONG AND BRYAN EDWARDS By ROBERT BRAXTON BIRD A Thesis submitted to the Department of History in partial fulfillment of the requirements for the degree of Master of Arts Degree Awarded: Fall Semester, 2007 The members of the Committee approve the Thesis of Robert B. Bird defended on July 31, 2007. Matt Childs Professor Directing Thesis Rodney Anderson Committee Member Maxine D. Jones Committee Member The Office of Graduate Studies has verified and approved the above named committee members. ii For my friend, my hero, and my father, Ralph B. Bird, Jr.. iii ACKNOWLEDGEMENTS I would like to first thank Dr. Matt Childs. Without his advice and direction, a Masters Degree would not have been possible. Thank you for opening up a world of possibilities. I would also like to thank my committee, Dr. Maxine Jones and Dr. Rodney Anderson, your flexibility and input has been both indispensable and much appreciated. Also deserving much thanks are: Dr. Gordon Harvey, from whom I learned an appreciation of History and whose encouragement and belief in me will never be forgotten; Dr. Sean Chenoweth, a friend and confidant who is responsible for turning me onto the study of Jamaica; Dr.
    [Show full text]
  • Africa and Liberia in World Politics
    © COPYRIGHT by Chandra Dunn 2016 ALL RIGHTS RESERVED AFRICA AND LIBERIA IN WORLD POLITICS BY Chandra Dunn ABSTRACT This dissertation analyzes Liberia’s puzzling shift from a reflexive allegiance to the United States (US) to a more autonomous, anti-colonial, and Africanist foreign policy during the early years of the Tolbert administration (1971-1975) with a focus on the role played by public rhetoric in shaping conceptions of the world which engendered the new policy. For the overarching purpose of understanding the Tolbert-era foreign-policy actions, this study traces the use of the discursive resources Africa and Liberia in three foreign policy debates: 1) the Hinterland Policy (1900-05), 2) the creation of the Organization for African Unity (OAU) (1957- 1963), and finally, 3) the Tolbert administration’s autonomous, anti-colonial foreign policy (1971-1975). The specifications of Liberia and Africa in the earlier debates are available for use in subsequent debates and ultimately play a role in the adoption of the more autonomous and anti-colonial foreign policy. Special attention is given to the legitimation process, that is, the regular and repeated way in which justifications are given for pursuing policy actions, in public discourse in the United States, Europe, Africa, and Liberia. The analysis highlights how political opponents’ justificatory arguments and rhetorical deployments drew on publicly available powerful discursive resources and in doing so attempted to define Liberia often in relation to Africa to allow for certain courses of action while prohibiting others. Political actors claimed Liberia’s membership to the purported supranational cultural community of Africa.
    [Show full text]
  • Mauritius V United Kingdom
    ARBITRATION UNDER ANNEX VII OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA MAURITIUS v. UNITED KINGDOM COUNTER-MEMORIAL SUBMITTTED BY THE UNITED KINGDOM 15 JULY 2013 CONTENTS CHAPTER I: INTRODUCTION…………………………………………… 1 A: Summary of proceedings…………………………………………………… 1 B: General observations………………………………………………………..... 3 C: Organisation of the Counter-Memorial……………………………………..... 5 PART ONE: THE FACTS…………………………………………………….. 7 CHAPTER II: GEOGRAPHICAL, CONSTITUTIONAL AND DIPLOMATIC BACKGROUND……………………………………………... 8 A: Geography of the British Indian Ocean Territory and of the Republic of Mauritius………………………………………………………………………… 8 (i) The British Indian Ocean Territory………………………………..… 8 (ii) The Republic of Mauritius……………………………………………. 11 B: The constitutional history of the Chagos Archipelago/ British Indian Ocean Territory………………………………………………………………………..... 11 (i) Cession to the United Kingdom……………………………………… 12 (ii) British administration as a Lesser Dependency (1814-1965)………… 12 (iii) The British Indian Ocean Territory: establishment and constitutional evolution……………………………………………………………... 16 C: The constitutional history of Mauritius……………………………………..... 18 D: The 5 November 1965 agreement by the Mauritius Council of Ministers to 22 the establishment of the BIOT………………………………………………… E: Debate in the UN General Assembly in 1965/1967 and subsequently………. 31 (i) UNGA resolutions 2066(XX), 2232(XXI) and 2357(XXII)………… 31 (ii) Mauritian statements in the UNGA after Independence and UK replies…………………………………………………………………. 34 F: Subsequent relations between Mauritius and the United Kingdom concerning the BIOT………………………………………………………………………… 38 (i) Fishing in the BIOT and the ‘fishing rights’ understanding…….......... 38 (ii) The mineral rights understanding…………………………………….. 45 Figure 2.1: Geographical Setting of BIOT and Mauritius…………………... 48 Figure 2.2: 200 Nautical Mile Zones of BIOT and Mauritius……………….. 49 Figure 2.3: British Indian Ocean Territory: Chagos Archipelago………….. 50 Figure 2.4: Fishing Licences Issued by BIOT from 1991 to 30 March 2010.
    [Show full text]