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211. The 2012 U.S. Presidential Election and Its Implication in East Asia

Author:
Young Kwon Sohn
Publication Date:
11-2012
Content Type:
Working Paper
Institution:
East Asia Institute (EAI)
Abstract:
After the extended and fierce campaign, Obama finally clinched the victory in the 2012 presidential election. By gaining more than 300 electoral-college votes, which are disproportionately huge given his popular vote margin of around two percent over Romney(50% vs. 48%), he can legitimately claim national mandate for the next four year, although conservatives will be reluctant to embrace that mandate. After making a history four years ago by becoming the first black president to occupy the White House, he made another history this year by recapturing the presidency amid the still evolving Great Recession with the high unemployment rate around 7.1%. Given this historic nature of Obama’s second term, this paper aims to show how Obama was able to maintain an exceptionally competitive campaign despite the extremely bad national economic conditions. From the widely accepted consensus that the outcome of the U.S. presidential election is largely determined by the economic conditions of the election year, Obama’s successful presidential campaign needs explanation in one way or another. Following that, the paper also attempts to predict what the post-election U.S. East Asia policy look like. Will the post-election U.S. policy be different from the mainline policy of the last four years? If not, what would be rationale of the policy consistency? This paper will address these questions.
Topic:
Foreign Policy, International Cooperation, Elections, and Leadership
Political Geography:
East Asia, Asia, North America, and United States of America

212. A US-EU Action Plan for Supporting Democratization: Egypt, Libya, and Tunisia

Author:
Danya Greenfield
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
Atlantic Council
Abstract:
While ownership of the transition belongs to those who initiated and drove the uprisings in Egypt, Libya, and Tunisia, the West has a great stake in the outcome. A failure of these revolutions would likely lead to a rise in radicalism across the Arab world, increased threats to the security and stability of the Mediterranean region, potential disruption in energy flows to Europe and beyond, and enhanced pressures on migration to Europe, both legal and illegal.
Topic:
Foreign Policy and Democratization
Political Geography:
Europe, Middle East, Libya, North America, Egypt, and Tunisia

213. TACIT AMENDMENTS

Author:
Oona A. Hathaway, Haley Nix, Saurrabh Sanghvi, and Sara Solow
Publication Date:
11-2011
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
As a general rule, the President is “‘without authority, except by and with the advice and consent of the Senate, to modify a treaty provision.’”2 Thus, in amending a treaty, parties effectively sign and ratify a new treaty, to which the standard treaty processes apply. However, numerous treaties have established procedures for modifications to the regime that do not rise to the level of formal amendments to the treaty. This report focuses on such “unratified treaty amendments”—which include what are called “tacit amendments.” Unratified amendments are amendments to treaties that are made without formal Senate ratification.3 They have proven a useful tool in creating robust treaty regimes in a changing world. Just as the use of executive agreements in general has expanded rapidly in the past century,4 treaty regimes increasingly have adopted amendment processes that do not require a full ratification process. And just as executive agreements have raised questions about Senate prerogatives, so too have unratified amendments. There are two primary ways that the U.S. government modifies underlying treaties through an unratified amendment5 —first, through the use of executive agreements; and, second, through the use of tacit amendments. Part I describes how each process works. It argues that both pass constitutional muster so long as the Senate has provided its clear advice and consent to the use of such processes (although not necessarily to the substance of the modifications) in the first instance. Part II outlines and evaluates the various ways in which the Senate has responded to attempts to modify treaties by executive agreement or by tacit amendment in the past. It concludes that the Senate’s requirements of prior notice and its focus on technical provisions, while not always easy to achieve in practice, are sensible ways to maintain Senate prerogatives. Part III concludes.
Topic:
Foreign Policy, Treaties and Agreements, Domestic politics, and Federalism
Political Geography:
North America and United States of America

214. Lessons from the Past for Foreign Sovereign Immunity After Samantar v. Yousuf

Author:
Saurrabh Sanghvi
Publication Date:
11-2011
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
In Samantar v. Yousuf,2 the Supreme Court held that an individual sued personally for acts taken as a foreign official did not enjoy any immunity under the Foreign Sovereign Immunities Act of 1976 (FSIA), a statute governing when courts should provide foreign states with sovereign immunity.3 After Samantar, immunity in any individual official suit will likely be determined through reference to the pre-FSIA federal common law. This report outlines the pre-FSIA practices4 of the U.S. Department of State (“State Department”) and the courts to provide insight into how individual official suits may be handled in the wake of Samantar.5 If courts follow historical practice, they will likely rely heavily on State Department “suggestions of immunity” in determining whether immunity will be granted to individuals for actions taken as foreign officials. Moreover, when the Department is silent, the courts will likely interpret State Department policy to determine whether immunity is appropriate.
Topic:
Foreign Policy, Law, Legal Theory, and Immunity
Political Geography:
North America and United States of America

215. Lost in Translation? The Clash of Core Interests and the Future of U.S.-China Relations

Author:
Yang Gyu Kim
Publication Date:
07-2011
Content Type:
Working Paper
Institution:
East Asia Institute (EAI)
Abstract:
In studying the dynamics of U.S.-China relations, one of the most important questions is what data should be used. A review of all classified documents from the two countries may be the ideal way to secure reliable data, but it is not viable. Interviews with key officials in the two governments could be the next best choice but it is still extremely hard to know whether that person is telling the truth or not. In this regard, the official statements of the two countries are the only reliable and authoritative source for research. Of course in official statements, propaganda may be included and they cannot always be taken at face value. However, as information is ubiquitous in this era of globalization, a government would pay a tremendous cost if it expresses contradictory policies in its own official statements. We can therefore assume that official statements provide information on the general direction of the two country’s policies. Which documents can be accepted as official statements? The United States, of course, makes its policies well known throughout the world and has shown high levels of consistency across different departments of the government over its foreign policy. The official statements of the United States are therefore easily accessible through various official government websites including the State Department. On the other hand, China maintains a rather closed socialist system and there are not many documents that could be identified as official statements except for the regular press conferences of the Foreign Ministry. Even with these press conferences, the spokesperson usually responds to selected questions raised by the media. This brings a considerable limitation in collecting official statements from China. In order to address this difficulty, U.S.-China Relations (UCR) Statement Factsheets include editorials of the news outlets run by the Chinese Communist Party (CCP) as official statements. Data collection began from November 2010. This period is important because first, it marks one year since the U.S.-China summit in November 2009 and second, it coincides with the G20 Seoul Summit held in November. Particularly the G20 summit was meaningful as it “clearly demonstrated that we are in a period of transition where the United States is no longer the world’s hegemon, yet no new power emerges.” (Sohn and Cho 2010, 1) Third, Xi Jinping was appointed as vice chairman of the Central Military Commission on 18 October, 2010 and is expected to be the next leader of China. This appointment then signals a new period where the next generation of leaders in the CCP will begin to assert their influence and views. For both the statements from the United States and China, English texts are used presented by either the official government department or a CCP-affiliated media outlet. The reason for not using Chinese language sources is that official statements in Chinese tend to be directed at a domestic audience, and the focus here is on the international messages that are being conveyed. The data is collected everyday and published as a monthly report, UCR Statement Factsheet. The UCR Briefing will analyze the UCR Statement Factsheets and summarize what has happened during the period in narrative form. The UCR Briefing will also focus on critical factors and issues in understanding the present and future of U.S.-China relations. This UCR Briefing No. 1 covers official statements of the United States and China from November 2010 to February 2011.
Topic:
Foreign Policy, International Cooperation, Regional Cooperation, and Economic Cooperation
Political Geography:
China, Asia, North America, and United States of America

216. AK Party's Foreign Policy: Is Turkey Turning Away from the West?

Author:
Kılıç Buğra Kanat
Publication Date:
03-2010
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
This article agrees that there is a transformation in Turkish foreign policy. It suggests that the changes in foreign policy are not aimed to de-Westernize Turkey; instead they are attempts to create an autonomous, self-regulating, and self-confident foreign policy agenda while normalizing the previous crisis-driven policymaking in Turkey's foreign relations. These changes include: broadening of Turkey's foreign policy agenda to include regions other than Europe and North America, using the expertise of new actors in shaping foreign policy (such as civil experts and NGOs) and transforming decision making mechanisms to incorporate new initiatives. In fact, this article, while not denying some recurring problems in Turkey's foreign policy, suggests that Turkey is not turning away from the West; but striving to reconfigure and reformulate its foreign policy, reflecting the demands of an increasingly open and democratic society and adapting to the realities of a multi-polar world.
Topic:
Foreign Policy
Political Geography:
Europe, Turkey, and North America

217. Reforming Foreign Security Training to Help Defeat Terrorism

Author:
Andy Johnson and Scott Payne
Publication Date:
07-2010
Content Type:
Policy Brief
Institution:
Third Way
Abstract:
A key component of US strategy to defeat global terrorist groups like al Qaeda is denying them the physical space to operate with impunity. The ability of the US and our allies to train foreign military and security forces can be an effective tool in both preventing terrorists from establishing a foothold in vulnerable states and empowering foreign partners to move against terrorists where they exist today. Yet the current array of US training programs is fragmented, ad hoc, and underfunded. Moreover, overreliance on contractors to provide large scale military and police training in Iraq and Afghanistan, at a collective cost of $48 billion, has led to findings of poor performance, wasteful spending, weak oversight and insufficient accountability.
Topic:
Foreign Policy, Defense Policy, and Terrorism
Political Geography:
Afghanistan, United States, Iraq, and North America

218. NATO Initiatives for an Era of Global Competition

Author:
Franklin D. Kramer
Publication Date:
03-2010
Content Type:
Policy Brief
Institution:
Atlantic Council
Abstract:
The transatlantic partnership has historically been at the heart of U.S. foreign policy, and the North Atlantic Treaty Organization has been at the heart of the partnership. But the factors that long made "transatlantic" the dominant foreign policy construct have fundamentally changed – and with it has come a need for concomitant strategic and operational changes to meet new requirements.
Topic:
Foreign Policy, Economics, International Cooperation, and Reform
Political Geography:
Afghanistan, United States, Europe, and North America

219. Deploying Knowledge: Reforming and Modernizing NATO Defense Education

Author:
Julian Lindley-French and Harlan Ullman
Publication Date:
06-2010
Content Type:
Policy Brief
Institution:
Atlantic Council
Abstract:
NATO must do more with less. The only way this can work is to exercise our intellects and brainpower. That leads to the absolute need for a continuous learning process in which knowledge and understanding are the goals. The complexity of the strategic environment demands no less. This applies to all ranks and services.
Topic:
Foreign Policy, Defense Policy, and Reform
Political Geography:
Europe and North America

220. Post-2012 U.S. Leadership and U.S. Policy toward East Asia

Author:
Young Kwon Sohn
Publication Date:
11-2010
Content Type:
Working Paper
Institution:
East Asia Institute (EAI)
Abstract:
2012 the United States will hold another presidential election, and it will surely be a referendum on the first term of the Obama presidency. As usual, the election will attract the attention of the public and the pundits alike, both at home and abroad, particularly at a time when an increasing number of people will be interested in how the election’s outcome will affect U.S. foreign policy and, related to it, the Sino-American bipolar configuration in East Asia. Since the Cheonan incident in the West Sea in the spring of 2009, particularly, the evolution and interaction of the Sino-American relationship in East Asia has become the focus of speculation among policy analysts and practitioners. That said, the outcome of the 2012 U.S. presidential election raises several questions. Will the 2012 presidential election bring a new leadership team to the White House? And will the outcome, new leaders or not, affect the overall tone of U.S. strategy in East Asia? If not, what other factors should be considered in forecasting the future of East Asia? Although a definitive answer to these questions cannot be had when we are still two years away from the 2012 presidential election, addressing them, nevertheless, is an intriguing mental exercise. We can say immediately that it is unlikely that the outcome of the 2012 election will be the dominant factor determining the United States’ strategy in East Asia as of 2013. Because of the rising power of China and the ever-hardening bipolarized structure of power in the region, significant changes in post-2012 East Asia are more likely to be triggered by changes from within East Asia itself, rather than from the United States. An ambitious China, taking a more aggressive posture toward both its neighbors and the United States, could be a potentially destabilizing factor in the region. Internal changes in North Korea could also be regionally destabilizing. The United States’ East Asian policy would thus be somewhat reactive in its general tone, although not passive. The U.S. stance could be firm and even assertive, however, depending on the situation, just as it was recently in dealing with China’s bid for expansion toward the South China Sea.
Topic:
Foreign Policy, International Cooperation, Military Strategy, and Leadership
Political Geography:
East Asia, Asia, North America, and United States of America