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11. SITREP: What We Talk About When We Talk About Brazil

Author:
Dick Virden
Publication Date:
05-2016
Content Type:
Journal Article
Journal:
American Diplomacy
Institution:
American Diplomacy
Abstract:
Just a few years ago Brazil was a feel good story. Its economy was soaring at a rate to rival China’s. Its charismatic president, Luiz Inacio “Lula” da Silva, was among the most popular leaders anywhere, a rags-to-riches phenomenon. In 2014, when the Council on Foreign Relations chose its “Great Decisions” topics for the next year, one was “Brazil in Metamorphosis.” Unfortunately, the country has slipped back into its cocoon. The Samba music has stopped. Instead of being on a roll, Brazil is mired in an awful slump. Or as Frank Sinatra put it, riding high in April, shot down in May. What sort of country is this anyway?
Topic:
Foreign Policy, Corruption, Government, Economy, and Domestic politics
Political Geography:
Brazil, South America, North America, and United States of America

12. 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

13. The Politics of Iran's Assembly of Experts after Meshkini

Author:
Mahjoob Zweiri and Ramzy Mardini
Publication Date:
09-2007
Content Type:
Policy Brief
Institution:
Center for Strategic Studies (CSS)
Abstract:
The recent death of Ayatollah Ali Meshkini effectively created a vacuum that was bound to lead to an ideological and political clash among Iran’s power players. Meshkini was the first and only chairman of the Assembly of Experts, objectively Iran’s most powerful institution. He has kept its inherent powers at bay to the desires of Iran’s supreme leader, Ayatollah Ali Khamenei. But now that has changed and Meshkini’s passing, with the recent victory of Hashemi Rafsanjani as his successor, has come at a time when the Islamic Republic is witnessing a socio-political redefinition in its conservative establishment. The ambitions of Iran’s old and new elitists have led to a political confrontation in filling Meshkini’s vacuity, a struggle that may have changed Iranian discourse, as we know it. Though this event is little known and hardly emphasized in media circles in the West, the politics leading up to Rafsanjani’s victory over the ultra-conservatives should be of great interest to those in discussion with Iran over its nuclear program and involvement in Iraq, particularly the United States. This article analyzes the Assembly’s role and significance within the Iranian institutional realm as well as depicts the candidates and politics that shaped this historic dilemma.
Topic:
Nuclear Weapons, Politics, Nuclear Power, and Domestic politics
Political Geography:
Iran, Middle East, and United States of America