DOCSLIB.ORG

Portland Seminar

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Portland Seminar National Social Science Association Proceedings Portland Summer Seminar, 2015 Portland, OR August 2-5, 2015 Volume 59 #1 NATIONAL SOCIAL SCIENCE PROCEEDINGS Volume 59 Portland, Oregon Summer Seminar, 2015 Table of Contents Corporate Personhood: The Implications for Business, People and Society Sue Burum, Georgia Holmes, Minnesota State University – Mankato 1 Special Education Teachers’ Level of Training and Self-Efficacy for Bullying Prevention and Intervention Yvonne Ortiz-Bush, Yeunjoo Lee, California State University Bakersfield 16 Internal Control in Liuzhou Social Medical Insurance Fund Bin Chen, Central Washington University 21 Greece and the Eurozone Crisis: “The Past as Prelude” Bruce A. Forster, John Becker, University of Nebraska at Kearney 32 Violence and Greed: Politics in Southern Oregon 1852-1868 Patricia M. Kirtley, William M. Kirtley, Central Texas College 40 Farmland Preservation in Liuzhou City Zi Lin, Central Washington University 54 Transforming Schools Through Latino Parent Engagement and Participation Elsa Valdez, California State University, San Bernardino 66 “Go Global” Liuzhou: An Outward Foreign Direct Investment Policy for the City Xifang Wang, Central Washington University 75 A Comparison of Foreign Direct Investment Programs in China and the United States: Strategies for Improving the Rate of Foreign Direct Investment Yanru Wei, Central Washington University 92 Community Recreation Service in Liuzhou Chen Yang, Central Washington University 103 Outside Pressure: How Educational Financing Reforms Have Circumvented Washington State Legislature? Joshua Zender, Humboldt State University, Eric Allen, Central Washington University 119 Reindustrialization in Urban China: A Policy Analysis for Yufeng District Huanhuan Zeng, Central Washington University 131 Corporate Personhood: The Implications for Business, People, and Society. Georgia Holmes and Sue Burum Minnesota State University, Mankato 1 In a headnote to the case of Santa Clara County v. Southern Pacific Railroad, J.C. Bancroft Davis, a Supreme Court reporter and former railroad president, noted: Before argument Mr. Chief Justice Waite said: “The court does not wish to hear argument on the question whether the provision in the Fourteenth Amendment to the Constitution, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws, applies to these corporations. We are all of opinion that it does.” (Jorezak, 2014). “This statement raises an important question – are corporations just as much persons as natural people and should they enjoy all the protections and freedoms held by natural persons? ”This paper will examine the history of corporate personhood, which is far more nuanced than this incorrect headnote implies, from the days of Chief Justice John Marshall (1801-1835) to Citizens United (Citizens, 2010), Hobby Lobby (Burwell, 2014), and now to the potential implications from Obergefell v. Hodges (Obergefell, 2015). The paper will also examine the reasons corporations might want these rights and other rights that could be contained in corporate personhood. Finally, this paper will consider the potential implications to corporations, society, and people if corporate personhood is allowed to continue and expand. These writers question if a corporation should have all the rights of a natural person. These writers will also suggest that, if corporations are given all rights of a natural person, they should lose some protections from being incorporated. If corporations can enjoy the rights of natural people, they should be subject to the same civil and criminal liabilities in the exercise of those rights. Development of Corporate Personhood In early colonial times and after the revolution, original corporate charters were given by the crown or state. Therefore, the crown or state was in control of the corporation. Corporations were considered artificial beings created to advance public interests. They were legal constructs to facilitate commerce and make it possible for corporations to hold property, enter into contracts, and sue and be sued. In England and in colonial America, corporations were extensions of the government. They were a type of delegated jurisdiction under the King and, later, the state’s exclusive prerogative (Guisado, 2015). One early British trading company was the East India Company, which functioned as an early version of a for-profit business with investors who shared in the profits. However, it also operated as a vehicle to extend the military and political power of the British government and to act as a bank that could lend money to the monarchy. To maintain control of the business, the monarchy granted exclusive charters for this and other corporations for only a specified time period, thereby ensuring the monarchy’s ability to renegotiate terms (Coates, 2015). This practice of issuing exclusive charters continued in early America and until the middle of the nineteenth century in the United States. Eventually, public opinion turned against the exclusivity and cronyism that resulted. The public was very anti-monopolistic and in favor of the regulation of business (Guisado, 2015). New York passed the 2 first general law of incorporation in 1811. The issuing of corporate charters became a ministerial governmental function. But government also began to regulate and control the life of the corporation through the charters (Coates, 2015). This began a period of hyper-regulation where states began to control all aspects of the life of the corporation (Guisado, 2015). An early case considering the rights of corporations was Dartmouth College v. Woodward (Dartmouth, 1819). In 1769, the British crown granted a charter to the trustees of the college. Later, the state of New Hampshire tried to force the college to become a public institution and placed the ability to appoint trustees in the hands of the state legislature. The U.S. Supreme Court cited the Constitution in concluding, “no State shall make any law impairing the obligation of contracts.” The charter was not dissolved by the revolution and the state could not take over the college. The Court stated, “A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it” (Dartmouth, 1819). The Court did not say that corporations do not have constitutional rights. The Court, in fact, held that the corporation was entitled to protection under the Contracts Clause. This was the first time the Supreme Court recognized that corporations may exercise a right of a natural person. During the nineteenth century, the territory of the United States, as well as its people and businesses, expanded. New Jersey began a push to deregulate by allowing corporations to purchase stock in other corporations. Other states began to follow New Jersey’s lead so as not to lose business to the other states. This began a shift in thinking from the idea that a corporation was an artificial entity belonging to the state to the idea that a corporation owed its existence to the people who formed it (Guisado, 2015). These individuals contracted with each other to organize and utilize a corporation for their mutual benefit. This began the aggregate theory of corporate personhood and started an anti-regulatory approach to corporate law. The rights and duties of corporations were the rights and duties of the people who composed it. The corporation was not a separate entity because the corporation could not exist without the individuals in it. Individuals created the corporation for their own benefit, not the benefit of the public. This approach can be seen in the Supreme Court’s decision in Santa Clara County v. Southern Pacific Railroad (Santa Clara County, 1886). This 1886 case concerned the taxation of railroad properties. Multiple railroad corporations alleged that California’s state and local governments violated the Fourteenth Amendment’s Due Process and Equal Protection clauses by taxing railroad property differently from that of natural citizens. The Court’s decision never addressed corporate personhood or whether the protections of the Fourteenth Amendment should extend to corporations. The Court decided in favor of the railroads because the taxes were improperly levied under the California state constitution. Justice Harlan explained in the decision that there was no need to reach the Fourteenth Amendment claims. The inaccurate heading, which was not a part of any opinion in the case, became the precedent for the case. Was Mr. Davis, the writer of the headnote, mistaken or did he deliberately misinterpret the 3 decision? Chief Justice Waite fell ill and died before the opinion was published. Therefore, we may never know. Conspiracy-types blame Justice Stephen Johnson Field. He was a railroad attorney and the fifth Chief Justice of California before becoming a Justice on the Supreme Court in 1863. He advocated for corporate personhood throughout his career, and some believe he may have influenced Mr. Davis (Jorezak, 2014). Regardless, the case now stands for the idea that a corporation is a person for Fourteenth Amendment purposes and a corporation’s property cannot be taxed differently from that of a natural person. If this were the true holding in the case, it would be an example of the aggregate theory because the rights and duties of an incorporated association would be the same as the rights and duties
Load more

Recommended publications
  • The European Union: Where Is It Now?
    Duquesne Law Review Volume 34 Number 4 Conference Proceedings: The Duquesne University School of Law Instititue for Judicial Education's and the Supreme Court of Article 9 Pennsylvania Conference on Science and the Law 1996 The European Union: Where Is It Now? John P. Flaherty Maureen E. Lally-Green Follow this and additional works at: https://dsc.duq.edu/dlr Part of the Law Commons Recommended Citation John P. Flaherty & Maureen E. Lally-Green, The European Union: Where Is It Now?, 34 Duq. L. Rev. 923 (1996). Available at: https://dsc.duq.edu/dlr/vol34/iss4/9 This Article is brought to you for free and open access by Duquesne Scholarship Collection. It has been accepted for inclusion in Duquesne Law Review by an authorized editor of Duquesne Scholarship Collection. The European Union: Where is it Now? Hon. John P. Flaherty* Maureen E. Lally-Green** TABLE OF CONTENTS Introduction .............................. 926 Part One: A Brief History Lesson .............. 927 A. The Late 1940's through 1958 ............. 928 1. General Agreement on Tariffs and Trade (GAAT) (1947) ..................... 928 2. Benelux Customs Convention (1948) ...... 928 3. Council of Europe (1948) ............... 929 4. Organization for European Economic Cooperation (OEEC) (1948) ............ 930 * BA Duquesne University; J.D. University of Pittsburgh; Justice, the Su- preme Court of Pennsylvania (to be elevated to the position of Chief Justice of Penn- sylvania, July 1996). ** B.S. Duquesne University; J.D. Duquesne University; Professor of Law, Duquesne University School of Law. Both authors have been instrumental in the development of an academic pro- gram between the Duquesne University School of Law and the Law School of Uni- versity College Dublin in Dublin, Ireland on the topic of the law of the European Union.
    [Show full text]
  • The Historical Development of European Integration
    FACT SHEETS ON THE EUROPEAN UNION The historical development of European integration PE 618.969 1. The First Treaties.....................................................................................................3 2. Developments up to the Single European Act.........................................................6 3. The Maastricht and Amsterdam Treaties...............................................................10 4. The Treaty of Nice and the Convention on the Future of Europe..........................14 5. The Treaty of Lisbon..............................................................................................18 EN - 18/06/2018 ABOUT THE PUBLICATION This leaflet contains a compilation of Fact Sheets provided by Parliament’s Policy Departments and Economic Governance Support Unit on the relevant policy area. The Fact Sheets are updated regularly and published on the website of the European Parliament: http://www.europarl.europa.eu/factsheets ABOUT THE PUBLISHER Author of the publication: European Parliament Department responsible: Unit for Coordination of Editorial and Communication Activities E-mail: [email protected] Manuscript completed in June, 2018 © European Union, 2018 DISCLAIMER The opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament. Reproduction and translation for non-commercial purposes are authorised, provided the source is acknowledged and the publisher is given prior notice
    [Show full text]
  • FOREWORD It Is an Honour for Me to Present This Compendium Which
    FOREWORD FOREWORD It is an honour for me to present this compendium which includes papers, practical information and proposals for combating fraud and corruption based on experience of the Supreme Audit Institutions (SAIs) in Central, Eastern Europe and Asia. The book was prepared upon the results of the EUROSAI International Conference “The Role of Supreme Audit Institutions in Fighting Against Fraud and Corruption” hosted by the Accounting Chamber of Ukraine on September 1921, 2006 in Kyiv. The EUROSAI event was attended by 61 participants from 24 SAIs among which were present Presidents of 16 SAIs. The participants discussed the following subthemes: • Subtheme I: The Role of SAIs in the National System Development of Fighting Against Fraud and Corruption; • Subtheme II: Peculiarities of SAIs Cooperation with the Law Enforcement Bodies during Exposure and Prevention of Fraud and Corruption; • Subtheme III: The Practice of SAIs in Implementation Transparency and Publicity in the Field of Fighting Against Fraud and Corruption. The Conference was supported by the Parliament of Ukraine, the Cabinet of Ministries of Ukraine and by the number of Ukrainian government authorities which participated in this event. I would like to pass special thanks to all of my colleagues, Heads of the SAIs for their interest in the Conference and willingness to share experience and modern techniques in fighting against fraud and corruption. I am very pleased that the initiative of the Accounting Chamber of Ukraine received great feedback among the EUROSAI community. I am deeply convinced that this event stimulated and consolidated efficient collaboration between SAIs and that approved Recommendations will further facilitate applying common actions towards combating such negative phenomena as fraud and corruption.
    [Show full text]
  • 2018 May Veliko Tarnovo 4Th CSDP Olympiad Booklet.Pdf
    4th COMMON SECURITY AND DEFENCE POLICY OLYMPIAD Residential phase, 21 - 25 May 2018 at Vasil Levski NMU, Veliko Tarnovo, under the auspices of the Bulgarian Presidency of the Council of the European Union and the European Security and Defence College, Brussels, Belgium Publication of the Vasil Levski National Military University Editor: Colonel Prof. Dr. Veselin MADANSKI, Colonel Assoc. Prof. Nevena ATANASOVA - KRASTEVA, PhD Language Editor: Senior Instructor Marina RAYKOVA Disclaimer: Any views or opinions presented in this booklet are solely those of the authors. © Vasil Levski National Military University, Veliko Tarnovo, BULGARIA, 2018 ISBN 978-954-753-278-6 2 CONTENTS Table of Contents .......................................................................................................... 3 History of the CSDP Olympiad ................................................................................ 5 History of the Vasil Levski NMU, Veliko Tarnovo ........................................... 8 OPENING CEREMONY SPEECHES ....................................................................... 10 Speech of the Deputy-Minister of the Bulgarian Presidency of the EU Council ................................................................................................................ 10 CSDP Olympiad 2018 – Speech of the Chairman of the IG .......................... 13 Speech of the Head of the ESDC ............................................................................. 15 Speech of the Minister of Defence ........................................................................
    [Show full text]
  • The-Origins-Of-Finabel-03.12-1-1.Pdf
    This paper was drawn up by Georges Clementz under the supervision and guidance of Mr Mario Blokken, Director of the Permanent Secretariat. This Food for Thought paper is a document that gives an initial reflection on the theme. The content is not reflecting the positions of the member states but consists of elements that can initiate and feed the discussions and analyses in the domain of the theme. All our studies are available on www.finabel.org THE ORIGINS OF FINABEL (1953–1957) In the wake of the Second World War, Euro- peans quickly became aware of the dilemma they faced concerning their collective secu- rity, namely the balance between autonomy and dependence - fate and freedom of ac- tion1. The debate over European cooperation and subordination of European defence to the Atlantic defence structure is thus old. It dates back to the first years of the Cold War with the creation of NATO in 1949. Even though the idea of a European defence took shape with the Treaty of Brussels (1948), the European Defence Community (1950) and then the Western European Union (1954), European security would remain, through- du Finabel” -“Blason Wikipedia out the Cold War, under the umbrella of the United States, in a confrontation with Rus- sia based on “mutually assured destruction”. better interoperability, non-duplication, and These various defence cooperation initiatives better efficiency in defence, balanced between were essential for countering the Soviet threat the Atlantic and the European logics and, in and are at the very core of the debate previ- fine, of major importance regarding strategic ously mentioned.
    [Show full text]
  • The Slow Death of Slavery in Nineteenth Century Senegal and the Gold Coast
    That Most Perfidious Institution: The slow death of slavery in nineteenth century Senegal and the Gold Coast Trevor Russell Getz Submitted for the degree of PhD University of London, School or Oriental and African Studies ProQuest Number: 10673252 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 10673252 Published by ProQuest LLC(2017). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 Abstract That Most Perfidious Institution is a study of Africans - slaves and slave owners - and their central roles in both the expansion of slavery in the early nineteenth century and attempts to reform servile relationships in the late nineteenth century. The pivotal place of Africans can be seen in the interaction between indigenous slave-owning elites (aristocrats and urban Euro-African merchants), local European administrators, and slaves themselves. My approach to this problematic is both chronologically and geographically comparative. The central comparison between Senegal and the Gold Coast contrasts the varying impact of colonial policies, integration into the trans-Atlantic economy; and, more importantly, the continuity of indigenous institutions and the transformative agency of indigenous actors.
    [Show full text]
  • In the Niger Country
    mm ^ X >;{;:/' - THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES J2-f7 4^-/c' ^^".-4''>^/-:^ IN THE NIGER COUNTEY MAP OF THE NIGER COUNTRY IN THE NIGER COUNTRY BY HAROLD BINDLOSS WITH TWO MAPS WILLIAM BLACKWOOD AND SONS EDINBURGH AND LONDON MDCCCXCVIII All Rights reserved —— B5I CONTENTS. CHAPTER I. IN EARLY DAYS. PAGE General characteristics of the Niger region and its inhabitants The fever belt—Moslem influence—The Sahara—Early eastern explorers—The advent of the European—Mungo Park, his successors . forerunners and . .1 CHAPTER II. ON THE WAY TO THE NIGER TENERIFFE AND SIERRA LEONE. Santa Cruz, Teneriffe—Repulse of Nelson—N.E. trades—Young factory assistants — Freetown, Sierra Leone — Influence of missionaries—Types of population . .15 CHAPTER III. THE BATTLE OP WEIMA. Emir Samadu—Konno and Sofa raiders—March of the West Indias—Attack on Weima—Fatal mistake—Defeat of the raiders ........ 29 CHAPTER IV. LIBERIA AND THE BEACHES OF THE KROO COUNTRY. A tornado — Monrovia — The black republic — Kroo labourers Kroo villages—Means of transport—Want of harbours . 41 ^ ^ /» /-» r-> ,^ r> — VI . CONTENTS. CHAPTER V. THE GOLD COAST COLONT AND DAHOMEY. Early settlements—Fantis and Shantis—Haussa constabulary Elinina and Cape Coast Castle, Accra—African surf—The French in . Dahomey . .54 CHAPTEE VI. LAGOS AND THE NIGER MOUTHS. Lagos roads and town—Colour-caste—Trade of Lagos, and its bar —First glimpse of Niger delta—Crossing the bar—Early traders and establishment of Koyal Niger Company . 66 CHAPTER VII. AKASSA. General aspect of Akassa—Salt and gin—Arab traders—European dwelling—The Chartered Company . .78 CHAPTER VIII.
    [Show full text]
  • Steps to European Unity Community Progress to Date: a Chronology This Publication Also Appears in the Following Languages
    Steps to European unity Community progress to date: a chronology This publication also appears in the following languages: ES ISBN 92-825-7342-7 Etapas de Europa DA ISBN 92-825-7343-5 Europa undervejs DE ISBN 92-825-7344-3 Etappen nach Europa GR ISBN 92-825-7345-1 . '1;1 :rtOQEta P'J~ EiiQW:rtTJ~ FR ISBN 92-825-7347-8 Etapes europeennes IT ISBN 92-825-7348-6 Destinazione Europa NL ISBN 92-825-7349-4 Europa stap voor stap PT ISBN 92-825-7350-8 A Europa passo a passo Cataloguing data can be found at the end of this publication Luxembourg: Office for Official Publications of the European Communities, 1987 ISBN 92-825-7346-X Catalogue number: CB-48-87-606-EN-C Reproduction authorized in whole or in pan, provided the source is acknowledged Printed in the FR of Germany Contents 7 Introduction 9 First hopes, first failures (1950-1954) 15 Birth of the Common Market (1955-1962) 25 Two steps forward, one step back (1963-1965) 31 A compromise settlement and new beginnings (1966-1968) 35 Consolidation (1968-1970) 41 Enlargement and monetary problems (1970-1973) 47 The energy crisis and the beginning of the economic crisis (1973-1974) 53 Further enlargement and direct elections (1975-1979) 67 A Community of Ten (1981) 83 A Community of Twelve (1986) Annexes 87 Main agreements between the European Community and the rest of the world 90 Index of main developments 92 Key dates 93 Further reading Introduction Every day the European Community organizes meetings of parliamentar­ ians, ambassadors, industrialists, workers, managers, ministers, consumers, people from all walks of life, working for a common response to problems that for a long time now have transcended national frontiers.
    [Show full text]
  • Western European Union (WEU)
    Western European Union (WEU) Source: CVCE. European NAvigator. Étienne Deschamps. Copyright: (c) CVCE.EU by UNI.LU All rights of reproduction, of public communication, of adaptation, of distribution or of dissemination via Internet, internal network or any other means are strictly reserved in all countries. Consult the legal notice and the terms and conditions of use regarding this site. URL: http://www.cvce.eu/obj/western_european_union_weu-en-73277207-d250- 41c5-8960-1d8bce9f11aa.html Last updated: 08/07/2016 1/2 Western European Union On 17 March 1948, the United Kingdom, France and the Benelux countries signed the Treaty of Brussels establishing Western Union, which provided for a system of automatic mutual assistance in the event of armed aggression in Europe. The Treaty was amended by the Paris Accords of 23 October 1954, following the failure of the European Defence Community (EDC). The Paris Accords, which were seen as an alternative solution to the failed plan for a European army, established Western European Union (WEU). They marked the end to the occupation of the Federal Republic of Germany (FRG) and endorsed the accession of West Germany and Italy to the Brussels Treaty. Alongside the Council of Ministers of Foreign Affairs that already existed, the new Treaty created a consultative parliamentary Assembly, an Agency for the Control of Armaments, and a Standing Armaments Committee. In order not to offend European public opinion, which was still hostile towards a now officially authorised German rearmament, the Paris Accords prohibited Germany from manufacturing or acquiring ABC (atomic, biological or chemical) weapons of mass destruction. This time, the French National Assembly accepted the rearmament of West Germany.
    [Show full text]
  • 17 March 1948 Brussels Treaty (UK, France, Benelux Mutual Defense Agreement); Es- Tablishes Western European Union 9 May 1950 Fr
    17 March 1948 Brussels Treaty (UK, France, Benelux mutual defense agreement); es- tablishes Western European Union 9 May 1950 French Foreign Minister Robert Schuman proposes West European com- mon market in coal and steel. 18 April 1951 Paris Treaty establishes European Coal and Steel Community, effective for 50 years from 25 Jul 1952 (France, West Germany, Italy, Benelux) 7 May 1952 European Defense Community treaty signed in Paris. 10 September 1952 Luxembourg Resolution: Foreign Ministers of the Six ask members of the ECSC Common Assembly to draw up a draft European Political Community Treaty by 10 March 1953. 10 March 1953 Draft EPC Treaty adopted by ad hoc Assembly in Strasbourg. 19 March 1953 Bundestag ratifies EDC Treaty. 30 August 1954 French Assembly rejects EDC Treaty. Treaties 1-3 June 1955 Messina conference of foreign ministers; Messina resolution establishes Intergovernmental Committee under direction of Paul-Henri Spaak to prepare framework for broader economic integration. 3 February 1956 Benelux Treaty of Economic Union signed, the Hague (Note: the date 3 February 1958 is widely cited, but the Benelux web site indicates 3 February 1956; http://www.benelux.be/fr/bnl/bnl_frame.htm) 25 March 1957 Treaties of Rome (EEC, Euratom) signed; EC6, same membership as ECSC 20 November 1959 European Free Trade Association Treaty signed in Stockholm, with effect from 1 January 1960 (Austria, Denmark, Norway, Portugal, Sweden, Switzerland, UK) 1 8 April 1965 Treaty of Brussels,(theMerger Treaty) merges European Commu- nities, with effect from 1 July 1967; Committee of Permanent Represen- tatives. 17 & 28 February, 1986 Single European Act adopted, at Luxembourg summit, with effect from 1 July 1987: promote internal market, basis for European Political Cooperation 7 February 1992 Treaty on European Union (Maastricht Treaty) signed, with effect from 2 November 1993.
    [Show full text]
  • 'WEU: Ten Jointly Announce Dissolution of Western European
    ‘WEU: Ten jointly announce dissolution of Western European Union’ from Europe Diplomacy and Defence (7 April 2010) Caption: On 7 April 2010, the journal Europe Diplomacy and Defence comments on the decision taken on 31 March 2010 by the Member States of Western European Union (WEU) to terminate the Treaty of Brussels and close WEU by June 2011. Source: Europe Diplomacy & Defence. The Agence Europe bulletin on ESDP and NATO. Dir. of publ. Riccardi, Ferdinando ; Editor Jehin, Olivier. 07.04.2010, No 308. Brussels: Agence Europe SA. "WEU: Ten jointly announce dissolution of Western European Union", p. 2. Copyright: (c) Agence Europe S.A URL: http://www.cvce.eu/obj/weu_ten_jointly_announce_dissolution_of_western_european_union_from_europe_diplomacy_ and_defence_7_april_2010-en-208ee7ac-b61f-4fa7-b3eb-cc799455cb73.html Last updated: 22/06/2015 1 / 2 22/06/2015 EDD No. 308 7 April 2010 WEU: TEN JOINTLY ANNOUNCE DISSOLUTION OF WESTERN EUROPEAN UNION Brussels, 07/04/2010 (EDD) - Citing the mutual assistance clause enshrined in the Treaty of Lisbon (article 42.7), 10 States belonging to the Western European Union (WEU) agreed on Wednesday 31 March to initiate procedures to terminate the modified Treaty of Brussels. "With the entry into force of the Lisbon Treaty, a new phase in European security and defence begins", read the declaration by the Presidency of the Permanent Council of the WEU, which was published on Wednesday on behalf of France, Germany, Belgium, Spain, Greece, Italy, Luxembourg, the Netherlands, Portugal and the United Kingdom, which are the main contracting parties to the modified Treaty of Brussels. It states that article 42.7 of the Treaty on the European Union now stipulates that "if a Member State is the victim of armed aggression on its territory, the other Member States shall have towards it an obligation of aid and assistance by all the means in their power" and that commitments and cooperation in this field "shall be consistent with commitments in NATO".
    [Show full text]
  • NATO and the Transatlantic Link
    Germany and the transatlantic link The role of Germany in the development of a balanced European Security and Defense Identity strengthening NATO NATO/EAPC Fellowship 2001-2003 Final Report by Niels van Willigen January 2003 1 Contents 1. Introduction 2 2. The development of a balanced ESDI 9 2.1 The three d’s as an illustration of an unbalanced ESDI 9 2.2 The European military capabilities problem 13 2.3 The lack of a European strategic concept 19 2.4 A division of labour between the NATO and the EU? 20 3. Germany’s foreign and security policy 25 3.1 The traditional restraints on Germany’s foreign and security policy 25 3.2 The gradual change of the German foreign and security policy after unification 27 3.3 The participation in ‘Enduring Freedom’ 32 3.4 Possible contributions to the creation of a balanced ESDI 36 4. Germany’s military capabilities 42 4.1 The Weizsäcker report 42 4.2 ‘Eckpfeiler für eine Erneuerung von Grund auf’ 44 4.3 The issue of conscription 46 4.4 Financial shortcomings 51 4.5 German participation in the International Security and Assistance Force (ISAF) 54 5. Conclusion 59 6. Bibliography 62 2 1. Introduction The European security landscape has undergone dramatic changes since the Cold War ended. After the dissolution of the Soviet Union and the Warsaw-pact, most European governments realized that there existed no imminent threat to their territories anymore. A military attack on a grand scale, as expected during the Cold War, is not very likely to occur in the nearby future.
    [Show full text]