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31. Constraining U.S. foreign policy by enforcing current law: a series on Congress’s options to limit arms sales and aid to Saudi Arabia, part 3

Author:
Jacques Singer-Emery
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
This is the third of a three-part essay series on the different paths the U.S. Congress might take to limit Washington’s support for the Saudi-led coalition in Yemen. Credible allegations of Saudi war crimes and human rights abuses in Yemen should trigger the FAA and Leahy Laws to prevent U.S. aid from reaching the Saudi-led coalition, as discussed in part 2 of this series. However, the U.S. Constitution forbids Congress from unilaterally issuing orders to any executive agency, including the Defense and State Departments. Accordingly, both the Foreign Assistance Control Act (FAA) and the Leahy laws place the onus on the executive to identify and respond to gross violations of human rights. Thus far, the executive has turned a blind eye to the Saudi coalition’s actions. Congress could independently find that Saudi Arabia has engaged in a “consistent pattern of gross violations of internationally recognized human rights” by commissioning its own investigations. But if the executive remains unconvinced, Congress only has two options to enforce the FAA and the Leahy laws: impeach the President, or obtain a court order requiring the executive withhold aid and arms pursuant to these laws. The first action is unlikely to occur here, but the second is a viable option. To secure a court order, Congress must show that the executive’s refusal to follow the FAA and the Leahy laws uniquely injures the legislative branch in a way that only the courts can remedy.
Topic:
Government, International Law, Law, War Crimes, Weapons, Courts, and Legislation
Political Geography:
Yemen, Saudi Arabia, North America, United States of America, and Gulf Nations

32. Facing a President’s veto: a series on Congress’s options to limit arms sales and aid to Saudi Arabia, part 1

Author:
Jacques Singer-Emery
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
This is the first of a three-part essay series on the different paths the U.S. Congress might take to limit Washington’s support for the Saudi-led coalition in Yemen. Congress is considering a range of options to express its displeasure with Riyadh after Saudi agents murdered prominent Saudi journalist and critic Jamal Khashoggi at the Saudi consulate in Istanbul in September 2018, and journalists and NGOs around the world continue to highlight human rights abuses perpetrated by Saudi-led coalition forces in Yemen. Of these options, the most notable is the Saudi Arabia Accountability and Yemen Act of 2019. Congress has already voted to condemn President Donald Trump’s unequivocal support for the Kingdom of Saudi Arabia: the Senate voted March 13th to end US support for the war in Yemen, echoing a measure that passed the House in mid-February. But, the Saudi Arabia Accountability and Yemen Act would go further still, sanctioning those in the Saudi government responsible for Khashoggi’s death and curtailing U.S. arms sales and military aid critical to the Saudi-led coalition’s war in Yemen. The White House vehemently opposes the bill. If it passes, President Trump is expected to veto it, just as he is expected to veto the Senate’s March and House’s February resolutions.
Topic:
Government, Law, Military Affairs, and Legislation
Political Geography:
Middle East, Yemen, North America, United States of America, and Gulf Nations

33. The Battle Heats Up: Climate Issues in the 2020 US Presidential Election

Author:
Arnault Barichella
Publication Date:
12-2019
Content Type:
Commentary and Analysis
Institution:
Institut français des relations internationales (IFRI)
Abstract:
Environmental issues have frequently enjoyed bipartisan support in American history: the Clean Air Act was enacted in 1963 under Democratic President Johnson, and the Environmental Protection Agency (EPA) was established in 1970 under Republican President Nixon. This began to change in the 1980s under President Reagan, due to the rise of neoliberal economic theories pioneered by Republicans. Conservatives increasingly viewed environmental regulations as economic impediments. Partisanship on this issue then accelerated throughout the 1990s and 2000s, subject to the influence of powerful lobbying groups. President Bush Jr. refused to ratify the Kyoto Protocol in 2001, actively promoted fossil fuels, and his administration attempted to cast doubt about the science of climate change. Climate partisanship somewhat abated during the 2008 and 2012 Presidential elections, since both McCain and Romney were ‘moderate’ Republicans.
Topic:
Climate Change, Energy Policy, Environment, Elections, Legislation, Donald Trump, and Barack Obama
Political Geography:
North America and United States of America

34. Australia’s Gun Laws Can’t Work in America – For Now

Author:
Philip Alpers
Publication Date:
03-2018
Content Type:
Special Report
Institution:
Georgetown Journal of International Affairs
Abstract:
Thirteen mass shootings in 18 years, 112 victims shot dead. While this may seem to describe contemporary America, it actually describes a late 20th-century period in Australia. The country’s final slaughter occurred in Tasmania in 1996 – the Port Arthur massacre. A lone, “pathetic social misfit” – as described by the judge – killed 35 people. The first 29 bullets from this young man’s AR-15 rifle ended the lives of 20 innocents in just 90 seconds.
Topic:
Government, Weapons, Legislation, Public Health, and Mass Shootings
Political Geography:
Australia, Australia/Pacific, North America, and United States of America

35. Preventing Endless War Requires Real Congressional Oversight—Not New War Authority

Author:
Ken Gude and Kate Martin
Publication Date:
12-2018
Content Type:
Special Report
Institution:
Center for American Progress - CAP
Abstract:
Congress needs to do real oversight about how and whether the current wars should continue before considering any new AUMF.
Topic:
Defense Policy, War, Military Strategy, Legislation, Federalism, and Civil-Military Relations
Political Geography:
North America and United States of America

36. Ten Legislative Proposals to Defend America against Foreign Influence Operations

Author:
David Salvo and Brittany Beaulieu
Publication Date:
04-2018
Content Type:
Policy Brief
Institution:
German Marshall Fund of the United States (GMFUS)
Abstract:
Special Counsel Robert Mueller’s February 16 indictment of the Internet Research Agency, along with 13 key individuals and two related entities, was another reminder for Americans of the coordinated attack mounted on our country’s democracy. In addition to the use of information operations outlined in the indictment, the U.S. intelligence community has documented Russia’s use of hacks on campaign related entities, with stolen information weaponized and released via Wikileaks and other outlets, and the Department of Homeland Security (DHS) has confirmed that at least 21 states had parts of their electoral infrastructure probed in the run-up to the 2016 presidential election. The Internet Research Agency purchased political advertisements and sponsored organic content on social media platforms aimed at amplifying socially divisive issues. This content reached over a hundred million Americans, and the trend of exacerbating social divisions has continued on Twitter, in particular, over the past year and a half. Meanwhile, Russia and China are investing in advanced technology companies in the United States, acquiring both technical know-how and vast amounts of data that could facilitate the targeting of Americans. Director of National Intelligence Coats recently testified, “There should be no doubt that Russia perceives its past efforts as successful and views the 2018 midterm elections as a potential target for Russian influence operations.” And other governments like China are learning lessons from Russia’s success. Americans were caught off guard by Russia’s actions, but now that we know the breadth and scope of their malign influence operations, we must plug vulnerabilities that Russia and other foreign actors will continue to exploit if we are to defend our democracy against foreign interference. Yet, more than a year after the 2016 presidential election, and with midterm elections looming on the horizon, Congress and the Trump administration have not taken any clear action to increase U.S. defenses against the foreign interference threat. Many Americans remain unwilling to even admit that this interference occurred and many members of Congress have decided to use this issue for partisan attacks instead of uniting to secure our democracy. There are important steps we can, and must, take to defend our institutions against adversaries who seek to undermine them. Many of Russia’s tactics have exploited vulnerabilities in our societies and technologies, and loopholes in our laws. Some of the steps necessary to defend ourselves will involve long-term work to reduce polarization. Others will require clear action by the Executive Branch — including strategic messaging to ensure Americans are united against the threat we face, and steps to both deter and raise the costs on such actions. Congress does not have to wait for action by the Trump administration. Many of these steps are ones that Congress has the power to take. And particularly in the face of President Trump’s failure to lead an effort to counter this threat, Congress must step up and take steps within its power to patch the holes that congressional investigations and the intelligence and law enforcement communities have revealed. The good news is a number of legislative steps have already been proposed in both chambers on a bipartisan basis to improve the United States’ ability to defend against and deter these external threats, and there are other measures that could be added to those to close gaps in our defenses. These steps would close loopholes in current law and strengthen our institutional capacity to defend against foreign influence campaigns. We believe these are common sense steps that every member of Congress — on both sides of the aisle — should support.
Topic:
National Security, Elections, Internet, Legislation, Foreign Interference, and Influence
Political Geography:
North America and United States of America

37. Foreign Investment in Cuba: From Conflict to Resolution

Author:
Rafael-Andrés Velázquez-Pérez, Miguel-Ángel Michinel-Álvarez, Margaret Crahan, and Gabriel Vignoli
Publication Date:
01-2017
Content Type:
Book
Institution:
Institute for Latin American and Iberian Studies at Columbia University
Abstract:
This manuscript originates from research initiated in 2010 at the University of Vigo in International Private Law with a specific focus on International Investment Law. The objective was to analyze the impact of the new paradigm of sustainability on this sphere of the law, with an emphasis on developing countries, and more specifically Cuba. This line of research has resulted in several publications intended for a Spanish-speaking scientific-juridical audience. Yet there is no scholarly work directly aimed at US investors as a prioritized target group. Being the first single Foreign Direct Investor in the world, and given its geopolitical and economic proximity, the US is bound to play a prime role in the field of investments in Cuba—despite political complications. As a consequence, we opted for a bilingual monograph on this topic with a dual purpose. The first part of the book, which is aimed at reaching a wide audience, examines the role played by foreign investment in Cuba and the country’s interest in attracting it by providing investors with a modern, stable, and coherent legal framework that is in line with current international standards. The second part of the book delves into specific technicalities of international investment law— with an emphasis on the conflict resolution system, which finds in arbitrage its main mechanism. This part, technical in nature, is not directly aimed at potential investors as much as their legal advisers, legal firms, arbitrators, and specialized scholarly communities—without whose input the success of foreign direct investment would be impossible. The text also engages critically with the specificities of US-Cuba relations in the context of Foreign Direct Investment. As shown in the first part of this monograph, it seems clear that the strategies pursued by different US administrations have thus far failed. It would be to the US’ benefit to forego the current policy of confrontation in favor of one of cooperation, as exemplified by the approaches taken by Latin America, xiv Europe, and Canada. The US should not lag, if it wants to attain a strategic position in the global repositioning toward the developing Cuban market. There is a need for targeted diplomatic and legislative efforts aimed at strengthening cooperation between the two countries in terms of investment. Among the challenges is the absence of a Bilateral Investment Treaty (BIT) between Havana and Washington. The obstacles faced by the Trump administration in the political, diplomatic, and financial sphere indicate that excessive isolationism and protectionism are not only counterproductive from a financial viewpoint, but they also imply for the US a loss of sovereignty and a diminished capacity to influence the international context. Should the US not change its current policy, it will be outperformed by other international actors such as the European Union and the BRICS (Brazil, Russia, India, and China) as investors in Latin America and in Cuba.
Topic:
Treaties and Agreements, Bilateral Relations, Foreign Direct Investment, Law, Economy, and Legislation
Political Geography:
Cuba, Latin America, Caribbean, and United States of America

38. Race, Representation and Policy: Black Elected Officials and Public Spending in the US South

Author:
Andrea Bernini, Giovanni Facchini, and Cecilia Testa
Publication Date:
03-2017
Content Type:
Working Paper
Institution:
Nottingham Interdisciplinary Centre for Economic and Political Research (NICEP)
Abstract:
The Supreme Court has recently struck down key provisions of the Voting Right Act mandating federal scrutiny over states with a history of black disenfranchisement. How significant was the VRA for black political empowerment? Surprisingly, the answer to this important question remains largely moot. Using a novel dataset on the universe of local elected officials, we show that the VRA significantly boosted black representation in the immediate aftermath of its introduction. To identify the effect of the act we exploit the fact that a coverage formula was used to place a group of jurisdictions in the South – our treatment – under strict federal monitoring. Using non-covered counties of the former Confederacy as a comparison group, we find that larger pre–VRA shares of blacks led to a greater increase in black office holding in the treatment than in the control group. The impact of coverage was stronger in the presence of elections by single member districts. Finally, black representation led to greater provision of local public goods, particularly education.
Topic:
Race, Elections, Representation, Legislation, and Voting Rights
Political Geography:
United States of America

39. Ideology, Political Agenda, and Conflict: A Comparison of American, European, and Turkish Legislatures’ Discourses on Kurdish Question

Author:
Akın Ünver
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
All Azimuth: A Journal of Foreign Policy and Peace
Institution:
Center for Foreign Policy and Peace Research
Abstract:
Combining discourse analysis with quantitative methods, this article compares how the legislatures of Turkey, the US, and the EU discursively constructed Turkey’s Kurdish question. An examination of the legislative-political discourse through 1990 to 1999 suggests that a country suffering from a domestic secessionist conflict perceives and verbalizes the problem differently than outside observers and external stakeholders do. Host countries of conflicts perceive their problems through a more security-oriented lens, and those who observe these conflicts at a distance focus more on the humanitarian aspects. As regards Turkey, this study tests politicians’ perceptions of conflicts and the influence of these perceptions on their pre-existing political agendas for the Kurdish question, and offers a new model for studying political discourse on intra-state conflicts. The article suggests that a political agenda emerges as the prevalent dynamic in conservative politicians’ approaches to the Kurdish question, whereas ideology plays a greater role for liberal/pro-emancipation politicians. Data shows that politically conservative politicians have greater variance in their definitions, based on material factors such as financial, electoral, or alliance-building constraints, whereas liberal and/or left-wing politicians choose ideologically confined discursive frameworks such as human rights and democracy.
Topic:
Foreign Policy, Politics, European Union, Conflict, Legislation, and Kurds
Political Geography:
Europe, Turkey, and United States of America

40. Morgan Lecture: The Americans with Disabilities Act: Civil Rights Then, Now, and in the Future

Author:
Lennard Davis
Publication Date:
02-2016
Content Type:
Video
Institution:
Clarke Forum for Contemporary Issues
Abstract:
The Americans with Disabilities Act recently reached its 25th year anniversary. This lecture looks at the history of how the most encompassing civil rights act of the 20th century, affecting the largest US minority, came to be passed; what its effects were and are; and what more work remains to be done.
Topic:
Human Rights, Social Justice, Disability, Civil Rights, and Legislation
Political Geography:
North America and United States of America