Professional Documents
Culture Documents
D.S.C. 1966. The word substantial within Civil Rights Act providing that a place is a public
accommodation if a substantial portion of food which is served has moved in commerce must be construed in
its usual and customary meaning, that is, something of real worth and
light of
importance; of considerable value; valuable, something worthwhile as distinguished from
something without value or merely nominal
Ample; sustaining
Substantially means relating to
Merriam-Webster 2002 (Merriam-Websters Collegiate Dictionary Tenth
Edition http://www.m-w.com/cgi-bin/dictionary)
1. Ordinary Meaning. First, words in a patent are to be given their ordinary meaning unless otherwise defined.
consider the word
30 However, what if a particular word has multiple meanings? For example,
"substantial." The Webster dictionary gives eleven different definitions of the word substantial. 31
Additionally, there are another two definitions specifically provided for the adverb "substantially." 32 Thus, the
"ordinary meaning" is not clear. The first definition of the word "substantial" given by the Webster's Dictionary
is "of ample or considerable amount, quantity, size, etc." 33 Supposing that this is the precise definition that the
the meaning of "ample or considerable
drafter had in mind when drafting the patent,
amount" appears amorphous. This could have one of at least the following
interpretations: (1) almost all, (2) more than half, or (3) barely enough to do
the job. Therefore, the use of a term, such as "substantial," which usually has a
very ambiguous meaning, makes the scope of protection particularly hard to
determine.
Substantially- Qualitative Best
Substantial means considerable in amount, not an arbitrary
percentage.
Prost 4 Judge United States Court of Appeals for the Federal Circuit, Committee
For Fairly Traded Venezuelan Cement v. United States, 6-18,
http://www.ll.georgetown.edu/federal/judicial/fed/opinions/04opinions/04-1016.html
The URAA and the SAA neither amend nor refine the language of 1677(4)(C). In
fact, they merely suggest, without disqualifying other alternatives, a clearly
higher/substantial proportion approach. Indeed, the SAA specifically mentions that
no precise mathematical formula or benchmark proportion is to be used for a
dumping concentration analysis. SAA at 860 (citations omitted); see also Venez.
Cement, 279 F. Supp. 2d at 1329-30. Furthermore, as the Court of International
Trade noted, the SAA emphasizes that the Commission retains the discretion to
determine concentration of imports on a case-by-case basis. SAA at 860. Finally,
the definition of the word substantial undercuts the CFTVCs argument. The word
substantial generally means considerable in amount, value or worth. Websters
Third New International Dictionary 2280 (1993). It does not imply a specific
number or cut-of. What may be substantial in one situation may not be in
another situation. The very breadth of the term substantial undercuts the
CFTVCs argument that Congress spoke clearly in establishing a standard for the
Commissions regional antidumping and countervailing duty analyses. It therefore
supports the conclusion that the Commission is owed deference in its interpretation
of substantial proportion. The Commission clearly embarked on its analysis
having been given considerable leeway to interpret a particularly broad term.
In reversing a summary judgment of invalidity, the U.S. Court of Appeals for the Federal Circuit
found that the district court, by failing to look beyond the intrinsic claim construction evidence to
consider what a person of skill in the art would understand in a "technologic context," erroneously
concluded the term "substantially" made a claim fatally indefinite . Verve, LLC v.
Crane Cams, Inc., Case No. 01-1417 (Fed. Cir. November 14, 2002). The patent in suit related to an improved
push rod for an internal combustion engine. The patent claims a hollow push rod whose overall diameter is
larger at the middle than at the ends and has "substantially constant wall thickness" throughout the rod and
rounded seats at the tips. The district court found that the expression "substantially constant wall thickness"
was not supported in the specification and prosecution history by a sufficiently clear definition of "substantially"
and was, therefore, indefinite. The district court recognized that the use of the term "substantially" may be
definite in some cases but ruled that in this case it was indefinite because it was not further defined. The
Federal Circuit reversed, concluding that the district court erred in requiring that the meaning of the term
"substantially" in a particular "technologic context" be found solely in intrinsic evidence: "While reference to
intrinsic evidence is primary in interpreting claims, the criterion is the meaning of words as they would be
understood by persons in the field of the invention." Thus, the Federal Circuit instructed that
"resolution of any ambiguity arising from the claims and specification may be aided by
extrinsic evidence of usage and meaning of a term in the context of the invention." The Federal
Circuit remanded the case to the district court with instruction that "[t]he question is not whether
the word 'substantially' has a fixed meaning as applied to 'constant wall thickness,' but
how the phrase would be understood by persons experienced in this field of
mechanics, upon reading the patent documents."
Substantially- Without Material Qualifications
Substantially means without material qualifications
Blacks Law Dictionary 1991 (p. 1024)
Substantially - means essentially; without material qualification.
Increase is to add to
Dictionary.com 6 Dictionary.com: definitions, 11/3/2006, dictionary.reference.com, DA 6/21/11, OST
To make greater, as in number, size, strength, or quality ; augment; add to: to increase
taxes.
First, the court said that the ordinary meaning of the word increase is to make
something greater, which it believed should not be limited to cases in which a
company raises the rate that an individual has previously been charged. 435 F.3d
at 1091. Yet the definition offered by the Ninth Circuit compels the opposite
conclusion. Because increase means to make something greater, there must
necessarily have been an existing premium, to which Edos actual premium may be
compared, to determine whether an increase occurred. Congress could have
provided that ad-verse action in the insurance context means charging an amount
greater than the optimal premium, but instead chose to define adverse action in
terms of an increase. That definitional choice must be respected, not ignored.
See Colautti v. Franklin, 439 U.S. 379, 392-93 n.10 (1979) ([a] defin-ition which
declares what a term means . . . excludes any meaning that is not stated). Next,
the Ninth Circuit reasoned that because the Insurance Prong includes the words
existing or applied for, Congress intended that an increase in any charge for
insurance must apply to all insurance transactions from an initial policy of
insurance to a renewal of a long-held policy. 435 F.3d at 1091. This interpretation
reads the words exist-ing or applied for in isolation. Other types of adverse action
described in the Insurance Prong apply only to situations where a consumer had an
existing policy of insurance, such as a cancellation, reduction, or change in
insurance. Each of these forms of adverse action presupposes an already-existing
policy, and under usual canons of statutory construction the term increase also
should be construed to apply to increases of an already-existing policy. See Hibbs
v. Winn, 542 U.S. 88, 101 (2004) (a phrase gathers meaning from the words
around it) (citation omitted).
An insurer cannot "make greater" something that did not exist previously . The
statutory definition of adverse action, therefore, clearly anticipates an insurer must have made an initial charge
or demand for payment before the insurer can increase that charge. In other words, an insurer cannot increase
the charge for insurance unless the insurer previously set and demanded payment of the premium for that
insured's insurance [**23] coverage at a lower price.
Specifically, we must decide whether charging a higher price for initial insurance than the insured would
otherwise have been charged because of information in a consumer credit report constitutes an "increase in any
charge" within the meaning of FCRA. First, we examine the definitions of "increase" and "charge." Hartford Fire
contends that, limited to their ordinary definitions, these words apply only when a consumer has previously
been charged for insurance and that charge has thereafter been increased by the insurer. The phrase, "has
previously been charged," as used by Hartford, refers not only to a rate that the consumer has previously paid
for insurance but also to a rate that the consumer has previously been quoted, even if that rate was increased
[**23] before the consumer made any payment. Reynolds disagrees, asserting that ,under [*1091] the
ordinary definition of the term, an increase in a charge also occurs whenever
an insurer charges a higher rate than it would otherwise have charged because
of any factor--such as adverse credit information, age, or driving record 8 --regardless of whether
the customer was previously charged some other rate . According to Reynolds, he was
charged an increased rate because of his credit rating when he was compelled to pay a rate higher than the
premium rate because he failed to obtain a high insurance score. Thus, he argues, the definitions of "increase"
and "charge" encompass the insurance companies' practice. Reynolds is correct.
Increase" means to make something greater. See, e.g., OXFORD ENGLISH DICTIONARY (2d
ed. 1989) ("The action, process, or fact of becoming or making greater; augmentation, growth, enlargement,
extension."); WEBSTER'S NEW WORLD DICTIONARY OF AMERICAN ENGLISH (3d college ed. 1988) (defining
"increase" as "growth, enlargement, etc[.]"). "Charge" means the price demanded for goods or services. See,
e.g., OXFORD ENGLISH DICTIONARY (2d ed. 1989) ("The price required or demanded for service rendered, or
(less usually) for goods supplied."); WEBSTER'S NEW WORLD DICTIONARY OF AMERICAN ENGLISH (3d college
Nothing in the definition of these words
ed. 1988) ("The cost or price of an article, service, etc.").
implies that the term "increase in any charge for" should be limited to cases in which a
company raises the rate that an individual has previously been charged.
Increase = Net Increase
Must be a net increase
Rogers 5 Judge New York, et al., Petitioners v. U.S. Environmental Protection Agency, Respondent, NSR
Manufacturers Roundtable, et al., Intervenors, 2005 U.S. App. LEXIS 12378, **; 60 ERC (BNA) 1791, 6/24, Lexis
[**48] Statutory Interpretation. HN16While the CAA defines a "modification" as any physical or operational
change that "increases" emissions, it is silent on how to calculate such "increases" in emissions. 42 U.S.C.
7411(a)(4). According to government petitioners, the lack of a statutory definition does not render the term
"increases" ambiguous, but merely compels the court to give the term its "ordinary meaning." See Engine
Mfrs.Ass'nv.S.Coast AirQualityMgmt.Dist., 541 U.S. 246, 124 S. Ct. 1756, 1761, 158 L. Ed. 2d 529(2004);
Bluewater Network, 370 F.3d at 13; Am. Fed'n of Gov't Employees v. Glickman, 342 U.S. App. D.C. 7, 215 F.3d 7,
Relying on two "real world" analogies, government petitioners contend
10 [*23] (D.C. Cir. 2000).
the ordinary meaning of "increases" requires the baseline to be calculated
that
from a period immediately preceding the change. They maintain, for example, that in
determining whether a high-pressure weather system "increases" the local temperature, the relevant baseline is
the temperature immediately preceding the arrival of the weather system, not the temperature five or ten years
ago. Similarly, [**49] in determining whether a new engine "increases" the value of a car, the relevant baseline
is the value of the car immediately preceding the replacement of the engine, not the value of the car five or ten
years ago when the engine was in perfect condition.
Its
Its- Possessive
Its implies possession
Corpus Juris Secundum, 1981 (Volume 48A, p. 247)
The possessive case of the neuter pronoun it. Also, as an adjective, meaning of
Its.
or belonging to it. Sometimes referred to as the possessive word, but it does not necessarily imply
ownership in fee, but may indicate merely a right to use.
Its is belonging to
The Free Dictionary 5(Thefreedictionary.com, June 25 2005, DA 6/21/11, OST)
a. of, belonging to, or associated in some way with it its left rear wheel
b. (as pronoun) each town claims its is the best
Its is possessive
Merriam-Webster 11(http://www.merriam-webster.com/dictionary/its,
dictionary, June 1 2011, DA 6/21/11, OST)
of or relating to it or itself especially as possessor, agent, or object of an action
Economic and/or Diplomatic
Engagement
General Definitions
EE/DE Mil or Cultural
Economic engagement includes export credits, access to technology,
loans, economic aid, removal of penalties, reduction of tarifs, and
facilitated entry into global economic institutions. Diplomatic
engagement involves recognition, access to international
institutions, and high level summits.
Military and cultural engagement are distinct.
Haass and OSullivan 2000 Richard N. and Meghan L., Director and Fellow,
respectively, of the Foreign Policy Studies Program @ Brookings Institution, Honey
and Vinegar: Incentives, Sanctions, and Foreign Policy, p. 4-6
Architects of engagement strategies have a wide variety of incentives from which to choose. Economic
engagement might offer tangible incentives such as export credits, investment insurance or promotion, access to
technology, loans, and economic aid.12 Other equally useful economic incentives involve the removal of
penalties, whether they be trade embargoes, investment bans, or high tariffs that have impeded economic
relations between the United States and the target country. In addition, facilitated entry into the global economic
arena and the institutions that govern it rank among the most potent incentives in today's global market.13
This definition implies that three necessary conditions must hold for engagement to
constitute an effective foreign policy instrument. First, the overall magnitude of contacts
between the sender and target states must initially be low. If two states are already bound
by dense contacts in multiple domains (i.e., are already in a highly interdependent
relationship), engagement loses its impact as an effective policy tool. Hence, one could not
reasonably invoke the possibility of the US engaging Canada or Japan in order to effect a
change in either country's political behavior. Second, the material or prestige needs of the
target state must be significant, as engagement derives its power from the promise that it
can fulfill those needs. The greater the needs of the target state, the more amenable to
engagement it is likely to be. For example, North Korea's receptivity to engagement by the US
dramatically increased in the wake of the demise of its chief patron, the Soviet Union, and
the near-total collapse of its national economy.28 Third, the target state must perceive the
engager and the international order it represents as a potential source of the material or
prestige resources it desires. This means that autarkic, revolutionary and unlimited
regimes which eschew the norms and institutions of the prevailing order, such as Stalin's
Soviet Union or Hitler's Germany, will not be seduced by the potential benefits of
engagement. This reformulated conceptualization avoids the pitfalls of prevailing
scholarly conceptions of engagement. It considers the policy as a set of means
rather than ends, does not delimit the types of states that can either engage or be
engaged, explicitly encompasses contacts in multiple issue-areas, allows for the
existence of multiple objectives in any given instance of engagement and, as will be
shown below, permits the elucidation of multiple types of positive sanctions.
Economic engagement includes export credits, access to technology, loans, economic aid,
removal of penalties, reduction of tariffs, and facilitated entry into global economic
institutions. Diplomatic engagement involves recognition, access to international
institutions, and high level summits. Military and cultural engagement are distinct
categories.
Haass and OSullivan 2000 Richard N. and Meghan L., Director and Fellow,
respectively, of the Foreign Policy Studies Program @ Brookings Institution, Honey
and Vinegar: Incentives, Sanctions, and Foreign Policy, p. 4-6
Architects of engagement strategies have a wide variety of incentives from which to choose. Economic
engagement might offer tangible incentives such as export credits, investment insurance or promotion, access to
technology, loans, and economic aid.12 Other equally useful economic incentives involve the removal of
penalties, whether they be trade embargoes, investment bans, or high tariffs that have impeded economic
relations between the United States and the target country. In addition, facilitated entry into the global economic
arena and the institutions that govern it rank among the most potent incentives in today's global market.13
In his classic study, Economic Statecraft, David Baldwin offered the following
tariff reductions
direct purchases
foreign aid
guaranteeing investments
favorable taxation
military cooperation
cultural exchanges
debt relief
security assurances
In chapter 3, Scott Snyder of the United States Institute of Peace provides an in-
depth analysis of the North Korean nuclear crisis. Beginning with the initial response
of the Bush administration and continuing through the sometimes erratic but
ultimately successful efforts of the Clinton administration, Snyder traces the
diplomatic history of the crisis and highlights the role of incentives in the bargaining
process with Pyongyang. As noted earlier, coercive measures were threatened but
never employed, and Washington had to rely almost entirely on incentives to
persuade North Korea to accept limitations and external controls on its nuclear
program. The Agreed Framework plan authorized international inspections of North
Koreas nuclear installations, in exchange for specified economic and diplomatic
commitments from the United States, Japan, and South Korea. As Snyder notes, the
Agreed Framework was structured in a strictly conditional manner, with the delivery
of each incentive tied to specific policy concessions from Pyongyang.
Incentives = QPQ
Incentives are rewards ofered for another country to take (or
not take) X action.
Smith 2004 (M. Shane., graduate student in the Political Science Department at
the University of Colorado, Boulder, Beyond Intractibility. Eds. Guy Burgess and
Heidi Burgess, Conflict Research Consortium, UC Boulder, April,
http://www.beyondintractability.org/essay/incentives/)
What is an incentive?
In an incentive, A promises rewards to B in an attempt to get B to do or not do X. (In
our discussion, we will refer to A as a "sender," and B as a "target.") When
punishments or sanctions are likely to be ineffective, providing rewards for preferred
behavior may produce a more desirable outcome. However, incentives have been
frequently associated with weakness or indecisiveness. As a result, scholarship has
tended to focus more on sanctions than incentives. This unequal attention has
skewed the perceived effectiveness of threats over promises. Incentives can be an
effective alternative for managing conflicts. As with all such devices, however, they
must be carefully administered with attention to matching the right tool with the
right problem.
Carrots with explicit quid pro quos are distinct from long-
term engagement strategies.
Drezner 7
Daniel, a professor at the Fletcher School of Law and Diplomacy at Tufts University
and a senior fellow at the Brookings Institute, The trouble with carrots: Transaction
costs, conflict expectations, and economic inducements, Security Studies, 9:1-2,
188-218, DOI: 10.1080/09636419908429399
http://dx.doi.org/10.1080/09636419908429399
The existing literature on inducements is too small to be much of a guide for
explanation. The work on carrots is paltry when compared to the literature devoted
to economic or military coercion. Indeed, it is small enough to leave the definition of
an intuitive notion somewhat unclear. It is telling that articles focusing on financial
inducements talk about 'carrots' or 'bribes' while articles on other kinds of
inducements talk about 'linkage.'4 This paper will use a three-part definition of
carrots or inducements. First, relative to the status quo, a carrot is a transfer of
benefits offered by one actor, called the sender, to another actor, called the
receiver. Second, the carrot comes with a clear quid pro quo; in return for the
benefit, the receiver is expected to grant some concession to the sender.5 Third,
the sender's demanded concession is well-defined; the carrot is not proffered in the
hopes of influencing the receiver country's policies over the long run.6
6.For discussions of the use of inducements as a long-term strategy of increasing
influence over the receiver, see Rawi Abdelal and Jonathan Kirshner, "Strategy, Economic
Relations, and the Definition of National Interests," Security Studies 9, nos. 1/2 (autumn 1999- winter
2000): 119-56; and Paul A. Papayoanou and Scott L. Kastner, "Sleeping with the (Potential)
Enemy:Assessing the U.S. Policy of Engagement with China ," Security Studies 9, nos. 1/2
this distinction between short-term
(autumn 1999-winter 2000): 157-87. Note that
carrots and long-term engagement strategies corresponds to the
distinction in the sanctions literature between economic warfare and
economic coercion. See Robert Pape, "Why Economic Sanctions Do Not Work," International
Security 22, no. 2 (fall 1997): 90-1
United States policy towards apartheid-era South Africa was initially guided by a
strong constructive engagement philosophy. While constructive engagement was
often invoked to describe a pattern of [*23] diplomatic relations, its proponents 112
There was rejection of the suggestion that the United States was not interested in ending apartheid. Instead, there
was a comment that the administration's overcommitment to constructive engagement placed its practitioners in
such a situation that they applauded even slight and cosmetic changes in the Republic. Again, the allegation that
the United States was ignoring the ethical problems posed by overt racism and doing business with a
"pigmentocracy" was countered with a statement that in foreign relations, power, rather than sentiment, was the
operating principle. A further suggestion was made that policies such as constructive engagement, when applied
to South Africa, would not work unless "calibrated" in such a manner so as to exact the greatest change possible
in the behavior of the country to which they are applied.
When violent unrest erupted in South Africa in 1983, a backlash ensued against
constructive engagement as well as against the white regime. The thesis
triggered the antithesis, a policy of conditional engagement that held
internal change in South Africa as its primary objective. This antithesis
involved a mix of incentives and penalties enacted by Congress over the veto of a
popular president after two years of grassroots anti-apartheid activism in the United
States. The new approach was not merely an adjustment to
existing policy, but a totally diferent form of engagement,
aimed at diferent targets and using diferent policy
instruments. Engagement was no longer directed at the government, but at
supporting the anti-apartheid opposition in South Africa. At the same time, the
South African government was also targeted with limited trade and financial
sanctions, which would be lifted if Pretoria adopted specific measures that would
lead to negotiations with the black opposition. A commitment to lift sanctions when
those steps were taken was the new incentive for Pretoria. The measures were
spelled out in a clear road map defined in the legislation, the Comprehensive Anti-
Apartheid Act of 1986 (CAAA). The measures did not call for total isolation or
abdication of the white government, but rather defined a set of five "doable" actions
that would level the playing field for negotiations.
Nevertheless, the dichotomy between incentives and sanctions, when they came into balance, is what actually
made U.S. policy effective. Proponents of each strategy have claimed credit for the success. In part, each can
legitimately declare to have played a positive role in achieving some part of the outcomethe tenacity of
Crocker's engagement led to success in regional diplomacy when the timing was ripe, and the tenacity of
activists for pressing for internal political change and sanctions helped bring an end to apartheid in South Africa.
Both approaches were needed to accomplish the full range of U.S. policy objectives in the region. Neither policy
alternative, engagement or disengagement, was applied fully. The "good cop, bad cop" synthesis applied
coercion and incentives, leaving the Pretoria government a way out. It is important to understand that, contrary
to statements by the Reagan administration at the time that nothing had really changed, the targets and tactics of
engagement had fundamentally shifted from Reagan's first term to his second. Moving from a policy that aimed
at engaging the South African government, the U.S. Congress insisted on engaging civil society and the political
opposition at the risk of alienating Pretoria and freezing regional negotiations. Moving from the use of
unconditional incentives to influence Pretoria, the United States applied conditional negative incentives in the
form of sanctions, with a clear road map on what steps had to be taken to get them lifted. And the United States
switched from little engagement with civil society and the political opposition to unconditional engagement with
nongovernmental groups and organizations.
The policy instruments also changed. An economic aid program unique for its time
was applied to assist a broad group of civic organizations. It bypassed the South
Africa government, becoming the first U.S. economic aid program with avowedly
political, not developmental, objectives that did not go through the government.
The United States also withdrew the ambassador associated with constructive
engagement, appointed a new one, and met with high-level officials in the ANCthe
first time in the seventyfive-year history of the ANC. Moreover, Washington changed
its public characterization of the organization. Rather than describing the ANC as
using calculated terror, the United States portrayed the organization as having a
legitimate voice in South Africa. Finally, the United States dropped the term
constructive engagement, sparking humor that this was a policy that dares not
speak its name.
The bulk of Crocker's memoirs, entitled High Noon in Southern Africa : making
peace in a rough neighbourhood, is understandably enough given over to describing
the mechanics of the Namibia-Angola negotiations.'' It was here, after all, that
Constructive Engagement, after eight years, bore some fruit. Prompted by an
increasingly bloody military deadlock on the ground in Angola, the regimes in
Pretoria and Luanda were persuaded to accept the negotiation framework that had
been advocated by Crocker and his colleagues since 1981.In the last full month of
the Reagan Administration, an agreement was signed that led to Cuban troops
withdrawing from Angola and Namibia's independence from South African
occupation. This was Constructive Engagement's finest hour. The emphasis placed
on these events by the revisionists, however, obscures the poor performance of
American policy as regards South Africa's internal situation. The fact remains that
the Reagan Administration operated an anti-apartheid strategy for eight years
without any real positive results. In the wake of Crocker's 1992 memoirs, a reminder
of what occurred in South Africa is required. Only then can an accurate balance
sheet of Constructive Engagement be produced. In this respect, the central
argument of this article is that Reagan's South Africa policy failed, not least because
of the unwillingness of Washington fully to implement its advocated engagement
strategy. To make matters worse, cold war priorities dictated that resources were
concentrated on the NamibiaIAngola 'linkage' negotiations, leaving the United
States with a fatally weak series of anti-abartheid initiatives.
not one thing, or two things. It's three or four things. It's "multifaceted and
complex." It's complicated because the world is complicated. Maybe that's why the Obama administration clings
to its favorite word -- because complicated is hard to explain. Simple policies, like Bush's Freedom Agenda, afford
immediate gratification -- and then deep disappointment down the road. Nuanced, many-things-at-once policies
require patience and a tolerance for ambiguous victories. We now have abundant evidence that this is not a patient
or tolerant moment. You have to wonder how long complicated can survive in the absence of big wins. All of which
leaves our senior officials increasingly defensive. "Does it take time to get a bureaucracy oriented around the idea
of multitrack diplomacy?" asked SO #1. "All the habits of interaction are binary. So it does." Sometimes, as in China
or Egypt, engagement with the state seems to preclude engagement with the aspirations of citizens and you get,
Of course, we might feel less confused if
well, realism. Other times, folks like us just don't get it.
the Obamans used some term other than "engagement" to cover virtually
everything they do.
AT: Daga Evidence
Sample of the card they will read for their interpretation:
Engagement requires sustained government to government
interaction. That means an affirmative can promote trade
agreements but cannot promote private investment or
commerce
Daga 13
Sergio, Director of research at Politicas Publicas para la Libertad, in Bolivia, and a
visiting senior policy analyst at the Heritage Foundation, Economics of the 2013-
2014 Debate Topic: U.S. Economic Engagement Toward Cuba, Mexico or Venezuela,
National Center for Policy Analysis, 5/15,
http://www.ncpa.org/pdfs/Message_to_Debaters_6-7-13.pdf
Economic engagement between or among countries can take many forms, but this
document will focus on government-to-government engagement through 1)
international trade agreements designed to lower barriers to trade; and 2)
government foreign aid; next, we will contrast government-to-government
economic engagement with private economic engagement through 3)
international investment, called foreign direct investment; and 4) remittances and
migration by individuals. All of these areas are important with respect to the
countries mentioned in the debate resolution; however, when discussing economic
engagement by the U.S. federal government, some issues are more important with
respect to some countries than to others.
Third, engagement increasingly appears in the literature on Asia-Pacific security in qualified, or, to use Kim
Nossal's term, "adorned" forms. A wide range of adjectives now proceed the word, usually purporting to give it
some kind of nuanced meaning, These modifiers include: active engagement;22 ad hoc engagement; adversarial
engagement;23 broken engagement; coercive engagement; commercial engagement; Comprehensive
Engagement;24 compulsory engagement; conditional engagement; constructive engagement; Co-operative
Engagement; deep engagement and deeper engagement; defence engagement; destructive engagement; Dual
Engagement;25 economic engagement;26 effective engagement; Flexible and Selective Engagement;Z1 focused
engagement;28 full engagernent;29 Global Engagement;30 hidden engagement; incomplete engagement; intense
engagement; peaceful engagement; Peacetime Engagement; positive engagement;31 presumptive engagement;
preventive engagement; proportional engagement;32 pseudo-engagement; realistic engagement; sceptical
engagement; selective engagement; sham engagement;33 Soft Engagement;34 strategic engagement; 35 and
sustained engagement36
Furthermore, the United States' use of the language of engagement has not been limited to its relations with
China. Speaking to the National Press Club in July 1995 on the topic "A Peaceful and Prosperous Asia-Pacific",
the then Secretary of State Warren Christopher described U.S.--Japan relations as "the cornerstone of our
engagement in the Asia-Pacific region". He also discussed the need for the "closer engagement" of Vietnam, as
well as the "engagement... [of] other leading nations of Asia... Indonesia, Malaysia and Singapore".19 The
United States' relationship with North Korea has also been described in the language of engagement.20
Similarly, engagement is not a policy or approach pursued solely by the United States, Australia and several
ASEAN member states have also set out what they mean by their policies of engagement.21
Likewise, in the Agreed Framework signed by the US and North Korea in October 1994, the
US agreed to provide North Korea with heavy oil, new light-water nuclear reactors and
eventual diplomatic and economic normalization in exchange for a freeze in the North's
nuclear weapons program.7 4) A bilateral policy characterized by the broadening of
contacts in areas of mutual interest with a target state: Key to this notion of
engagement is the idea that areas of dialogue and fruitful cooperation should be
broadened and not be held hostage through linkage to areas of continuing
disagreement and friction. The Clinton administration inaugurated such a policy toward
China in May 1994 by declaring that it would not tie the annual MFN decision to the Chinese
government's human rights record.8 Similarly, the administration's foreign policy toward the
Russian Federation has largely been one of engagement and described as an effort to
"build areas of agreement and...develop policies to manage our differences."9 5) A bilateral
policy characterized by the provision of technical assistance to facilitate economic
and political liberalization in a target state: In its 1999 national security report, the
White House proclaimed that its "strategy of engagement with each of the NIS [Newly
Independent States]" consisted of "working with grassroots organizations,
independent media, and emerging entrepreneurs" to "improve electoral processes
and help strengthen civil society," and to help the governments of the NIS to "build the
laws, institutions and skills needed for a market democracy, to fight crime and
corruption [and] to advance human rights and the rule of law."10
Unfortunately, scholars have not fared better than policymakers in the effort to
conceptualize engagement because they often make at least one of the following
critical errors: (1) treating engagement as a synonym for appeasement; (2) defining
engagement so expansively that it essentially constitutes any policy relying on
positive sanctions; (3) defining engagement in an unnecessarily restrictive manner.
It
states, with peoples, and with international bodies. The United States has rejoined the Human Rights Council, paid up its U.N. dues, and promoted the G-20 over the G-8.
became clear enough, after 75 minutes, that engagement is not one thing, or two
things. It's three or four things. It's "multifaceted and complex." It's complicated because
the world is complicated. Maybe that's why the Obama administration clings to its favorite word -- because
complicated is hard to explain. Simple policies, like Bush's Freedom Agenda, afford immediate gratification -- and
then deep disappointment down the road. Nuanced, many-things-at-once policies require patience and a tolerance
for ambiguous victories. We now have abundant evidence that this is not a patient or tolerant moment. You have to
wonder how long complicated can survive in the absence of big wins. All of which leaves our senior officials
increasingly defensive. "Does it take time to get a bureaucracy oriented around the idea of multitrack diplomacy?"
asked SO #1. "All the habits of interaction are binary. So it does." Sometimes, as in China or Egypt, engagement
with the state seems to preclude engagement with the aspirations of citizens and you get, well, realism. Other
Of course, we might feel less confused if the Obamans
times, folks like us just don't get it.
used some term other than "engagement" to cover virtually everything they do .
According to the Oxford Concise Dictionary, the noun engagement and the verb to engage have several different
meanings. Among these, to engage can mean "to employ busily", "to hold a per-son's attention", "to bind by a
promise (usually a marriage)", or to "come into battle with an enemy". The noun engagement can mean "the act
or state of engaging or being engaged", an "appointment with another person", "a betrothal", "an encounter
between hostile forces", or "a moral commitment". The gerund engaging means to be "attractive or charming" In
the literature on security in the Asia-Pacific engagement most commonly refers to policies regarding the People's
Republic of China. However, the term has been used in many different ways leading to a great deal of confusion
and uncertainty. A Business Week interview with the Chinese VicePremier summed this up with the headline:
"Li Lanqing: Does 'engagement' mean fight or marry?" l
For one of the most important and ubiquitous terms in the Asia-Pacific security discourse, engagement is
generally under-theorized. Most of the literature on the term is either descriptive or prescriptive. There is a
remarkable lack of agreement about the meaning of engagement and a great deal of inconsistency in its use. An
article in the New York Times noted that "there are many definitions of engagement" and described the Clinton
administration's use of the phrase as a "moving target" 2 This indeterminacy has prompted a host of scholars and
officials to offer their own modified interpretations of engagement - the number of which now exceeds thirty.
These, in turn, have arguably made for less, rather than greater conceptual clarity.
No consensus on engagement usage, even among its
advocates.
Alterman 9
Jon B., Defining Engagement, CSIS Middle East Notes and Commentary,
July/August, https://csis-prod.s3.amazonaws.com/s3fs-
public/legacy_files/files/publication/0709_MENC.pdf
For much of last month, dramatic images out of Tehran displaced a brewing debate
over engaging Iran. Similar debates over engaging Hamas and Hezbollah fell by
the wayside, too, and the debate over engaging Syria seemed to have been decided
in the affirmative, with the announcement that the United States would return an
ambassador to Damascus for the first time in more than four years. Just as the
isolation of adversaries lay at the heart of the Bush administrations strategy in the
Middle East, properly calibrating engagement lies at the heart of the Obama
administrations strategy. For advocates, engagement with real or potential
adversaries is an elixir that softens hostility and builds common interests. For
opponents, it is a sign of surrender to dark forces of violence and hatred. Yet, for all
of the passion that the issue of engagement excites, no one seems to want to
define it. Each side would rather talk about the effects of engagement than the
nature of engagement itself. Part of the problem is a matter of definition. Refusing
to have any official contact with a group or country does not constitute
engagement. But what then? Engagement must mean more than merely holding
diplomatic discussions, but how much more? How should issues be sequenced?
Should symbolic statements be demanded at the beginning as a sign of positive
intentions, or held to the end as part of a final declaration? Even staunch advocates
of engagement differ on these key issues. History is replete with examples of both
engagement and disengagement working well. Europeans often cite the role the
Helsinki Process played in diminishing threats from the Soviet Union; similarly,
South Africas international isolation in the 1980s helped guide a transition to
majority rule in the country. Disengagement followed by engagement can be
effective too, as two decades of isolation of Libya, followed by a cautious
engagement in this decade, have helped moderate Libyan behavior.
EE Contextual/Inclusive Definitions
Includes Energy and Environmental Coop
Economic engagement includes energy and environmental
cooperation.
Hormats, Under Secretary for Economic Growth, Energy, and
the Environment, 2012
(Robert D., U.S. Economic Engagement with the Asia Pacific, December 7,
http://www.state.gov/e/rls/rmk/2012/201746.htm Accessed 7/6/13 GAL
During the U.S.-ASEAN Summit last month, President Obama and ASEAN leaders
also launched what we called the U.S.-ASEAN Expanded Economic Engagement
Initiative to promote economic cooperation between the United States and ASEAN.
This initiative, which we called the E3, will focus on enhancing ASEAN members
capacity for advancing cooperation in many areas that we think will further enhance
trade.
In addition, an exciting new area for our outreach is in the energy sector. At the East
Asian Summit, President Obama and his counterparts from Brunei and Indonesia
announced the U.S.-Asia Pacific Comprehensive Energy Partnership. The Partnership
will offer a framework for expanding energy and environmental cooperation to
advance efforts to ensure affordable, secure, and cleaner energy throughout the
region. We will foster active private sector involvement in the partnership, which will
focus on the four key areas of renewable and clean energy, markets and
interconnectivity, the emerging role of natural gas, and sustainable development.
And the U.S. Government will add support to the effort through utilizing various U.S.
government agencies, including the Export-Import Bank, OPIC, and TDA, in order to
promote the use of American technology, services, and equipment in the energy
infrastructure area and also to provide financing for American companies that wish
to become engaged in these projects.
Includes Removal from Terrorism List
Iraq example proves- removal from the terrorism list is an
economic engagement strategy.
Borer, Professor @ the Naval Postgraduate School, 2004
(Douglas A, U.S. Army War College Guide to National Security Policy & Strategy,
CHAPTER 12 PROBLEMS OF ECONOMIC STATECRAFT: RETHINKING ENGAGEMENT,
http://www.au.af.mil/au/awc/awcgate/army-usawc/strategy2004/12borer.pdf
Accessed 7/6/13 GAL)
In March 1982, the U.S. Government officially began engaging Saddam Hussein by
removing Iraq from the list of state sponsors of terrorism. The official reason was
to recognize Iraqs improved record,4 a claim that a Defense Department official
later rebutted in stating, No one had any doubts about [the Iraqis] continued
involvement in terrorism. . . . The real reason was to help them succeed in the war
against Iran.5 Thus Iraq, no longer on the list of terrorist states subject to highly
binding export restrictions on weapon purchases and technology exports, became
eligible for U.S. Government-financed credits designed to promote the export of
U.S. goods. It was presumed that after Iraq began to benefit from and become
reliant on U.S. economic linkages, the United States would be able to induce Iraq
to behave more in accordance with international norms. Engagement of Saddams
regime was anchored on the assumption that trade interdependence would be
asymmetrical in favor of the United States, and that, in turn, the United States
would be able to shape Iraqs behavior, using trade as a tool of influence. In
November 1984, after Reagans reelection, Washington resumed full diplomatic ties
with Baghdad.
Includes Streamlining Customs
Economic engagement includes changing customs procedures
to promote greater trade.
Office of the White House Press Secretary 12
(November 19, Fact Sheet: The U.S.-ASEAN Expanded Economic Engagement (E3)
Initiative, http://www.whitehouse.gov/the-press-office/2012/11/19/fact-sheet-us-
asean-expanded-economic-engagement-e3-initiative Accessed 7/7/13)
Today, at the U.S.-ASEAN Leaders Meeting in Phnom Penh, Cambodia, President
Obama and Leaders of the ten ASEAN (Association of Southeast Asian Nations)
states welcomed the launch of the U.S.-ASEAN Expanded Economic Engagement
(E3) initiative a new framework for economic cooperation designed to expand
trade and investment ties between the United States and ASEAN, creating new
business opportunities and jobs in all eleven countries. E3 identifies specific
cooperative activities to facilitate U.S.-ASEAN trade and investment, increase
efficiency and competitiveness of trade flows and supply chains throughout ASEAN,
and build greater awareness of the commercial opportunities that the growing U.S.-
ASEAN economic relationship presents. Furthermore, by working together on these
E3 initiatives, many of which correspond to specific issues addressed in trade
agreements, the United States and ASEAN will lay the groundwork for ASEAN
countries to prepare to join high-standard trade agreements, such as the Trans-
Pacific Partnership (TPP) agreement that the United States is currently negotiating
with ten countries in Asia and the Western Hemisphere. E3 will begin with a set of
concrete joint activities that will expand trade and investment: negotiation of a
U.S.-ASEAN trade facilitation agreement, including simplified customs procedures
and increased transparency of customs administration; joint development of
Information and Communications Technology principles, to guide policymakers on
issues like cross-border information flows, localization requirements, and the role of
regulatory bodies. joint development of Investment Principles; principles would
address essential elements of investment policies, including market access, non-
discrimination, investor protections, transparency, and responsible business
conduct. additional work on standards development and practices; Small and
Medium-sized Enterprise (SMEs); and trade and the environment. Joint work under
E3 will be further reinforced by USAIDs trade facilitation capacity-building
assistance to the ASEAN members. E3 will also help ASEAN countries integrate their
markets further as ASEAN seeks to build an ASEAN Economic Community by 2015.
Includes Infrastructure and Technical Assistance
Economic engagement includes infrastructure development
and technical assistance.
Daily News 7
("India attaches highest importance to Lankan ties," 1/26,
http://www.dailynews.lk/2007/01/26/news33.asp Accessed 7/7/13)
Bilateral economic and commercial relations between India and Sri Lanka are multi-
faceted. The wide swath of our economic engagement includes buoyant trade,
investments, services, infrastructure development, technical training and extension
of lines of credit.
Includes Anti-Corruption, Regional Integration
Economic engagement includes improved economic
governance and anti-corruption measures.
Senator Chris Coons, Chair of the Senate Foreign Relations
Subcommittee on African Afairs, 3/17/13
( Embracing Africas Economic Potential,
http://thehill.com/images/stories/blogs/globalaffairs/africareport.pdf Accessed
7/7/13)
The Obama Administration has recognized the urgent need to accelerate and
deepen economic engagement in sub-Saharan Africa. In a June 2012 policy
document entitled, U.S. Strategy Toward Sub-Saharan Africa, the Administration laid
out a series of policies to meet this objective, including: working with
ourAfrican partnersto promote an enabling environment for trade and
investment; improving economic governance and transparency while reducing
corruption; promoting regional integration; expandingAfrican capacity to access
global markets; and and encouraging U.S. companies to trade with and invest in
Africa.5
Diplomatic Engagement
DE = Sustained Diplomatic Dialogue
Diplomatic engagement is continuous, sustained dialogue
conducted by diplomats to foster cooperation or build
confidence.
Fields 15
Jeffrey R., Engaging Adversaries: Myths and Realities in American Foreign Policy,
Diplomacy & Statecraft, 26:294321
http://www.tandfonline.com/doi/pdf/10.1080/09592296.2015.1034570
Policy and academic circles debate the wisdom and utility of diplomatic
engagement.2 Nonetheless, perhaps unconsciously, feelings of selfrighteousness,
moral superiority, and American exceptionalism drive United States policies that
spurn or restrict constructive engagement and find general basis on myths and
narratives. Rather than delve into the sources of those ideological or emotional
drivers, it is important to focus on the misperceptions, many of accepted as truth
and conventional wisdom.3 These myths are specious and selectively applied as
rationales used to support isolationist policies. Diplomatic engagement or
constructive engagementthe central focus here is but one amongst many tools of
statecraft employed by governments to help achieve their foreign policy
objectives.4 In this analysis, engagement means a continuoussustained
dialogue, conducted by diplomats to foster co-operation, build confidence, reduce
tensions, or create a space for further interaction.5 In this sense, the terms
engagement and diplomatic engagement are synonymous.
DE = Process to Change Behavior
Diplomatic engagement requires direct talks, and a process of
step by step reciprocal gestures to modify the targets policies
and behavior.
Crocker 9
Chester A., Ass. Sec of State for African Affairs 81-89 and architect of Constructive
Engagement w/South Africa, Terms of Engagement, NYT Sept. 13,
http://www.nytimes.com/2009/09/14/opinion/14crocker.html?_r=0
PRESIDENT OBAMA will have a hard time achieving his foreign policy goals until he
masters some key terms and better manages the expectations they convey. Given
the furor that will surround the news of Americas readiness to hold talks with Iran,
he could start with engagement one of the trickiest terms in the policy lexicon.
The Obama administration has used this term to contrast its approach with its
predecessors resistance to talking with adversaries and troublemakers. His critics
show that they misunderstand the concept of engagement when they ridicule it as
making nice with nasty or hostile regimes.
Lets get a few things straight. Engagement in statecraft is not about sweet talk. Nor
is it based on the illusion that our problems with rogue regimes can be solved if only
we would talk to them. Engagement is not normalization, and its goal is not
improved relations. It is not akin to dtente, working for rapprochement, or
appeasement.
So how do you define an engagement strategy? It does require direct talks.
There is simply no better way to convey authoritative statements of position or to
hear responses. But establishing talks is just a first step. The goal of engagement
is to change the other countrys perception of its own interests and
realistic options and, hence, to modify its policies and its behavior.
Diplomatic engagement is proven to work in the right circumstances. American
diplomats have used it to change the calculations and behavior of regimes as varied
as the Soviet Union, South Africa, Angola, Mozambique, Cuba, China, Libya and,
intermittently, Syria.
There is no cookie-cutter formula for making it work, however. In southern Africa in
the 1980s, we directed our focus toward stemming violence between white-ruled
South Africa and its black-ruled neighbors. This strategy put a priority on regional
conflict management in order to stop cross-border attacks and create better
conditions for internal political change. The United States also engaged with the
Cubans in an effort aimed at achieving independence for Namibia (from South
Africa) and at the removal of Cuban troops from Angola. In Mozambique,
engagement meant building a constructive relationship with the United States,
restraining South African interference in Mozambiques internal conflicts and
weaning the country from its Soviet alignment.
More recently, the Bush administrations strategy for engagement with Libya
ultimately led to the re-establishment of diplomatic relations and the elimination of
that countrys programs to develop weapons of mass destruction.
While the details differ, each case of engagement has common elements.
Engagement is a process, not a destination. It involves exerting pressure, by
raising questions and hypothetical possibilities, and by probing the other countrys
assumptions and thinking. Above all, it involves testing how far the other country
might be willing to go. Properly understood, the diplomacy of engagement means
raising questions that the other country may wish to avoid or be politically unable to
answer. It places the ball in the other countrys court.
Engagement, of course, comes with risks. One is that domestic opponents will
intentionally distort the purposes of engagement. Another risk is that each side may
try to impose preconditions for agreeing to meet and talk and ultimately
negotiate. But we will not get far with the Iranians, for example, if we (and they)
insist on starting by establishing the other sides intentions.
Another risk is that, no matter what we say, the rogue regime may claim that
engagement confers legitimacy. A more consequential danger is that a successful
engagement strategy may leave the target regime in place and even strengthened,
an issue that troubled some critics of the Bush administrations 2003 breakthrough
that led to the normalizing of relations between the United States and Libya.
But by far the greatest risk of engagement is that it may succeed. If we succeed in
changing the position of the other countrys decision-makers, we then must decide
whether we will take yes for an answer and reciprocate their moves with steps of
our own. If talk is fruitful, a negotiation will begin about taking reciprocal steps down
a jointly defined road. Engagement diplomacy forces us to make choices. Perhaps
this is what frightens its critics the most.
As the Obama team works to fend off accusations that it is rushing into Russian,
Iranian, Syrian or even North Korean arms, it will need to get the logic and definition
of engagement right. In each case, we will need a clear-eyed assessment of what
we are willing to offer in return for the changed behavior we seek. Engagement
diplomacy may be easier to understand if the Obama administration speaks clearly
at home about what it really requires.
DE = Engagement
Diplomatic engagement and engagement are synonymous-
diplomatic engagement is any sustained dialogue to foster
cooperation, reduce tension, or further interaction.
Fields 15
Jeffrey R., Engaging Adversaries: Myths and Realities in American Foreign Policy,
Diplomacy & Statecraft, 26:294321
http://www.tandfonline.com/doi/pdf/10.1080/09592296.2015.1034570
Policy and academic circles debate the wisdom and utility of diplomatic
engagement.2 Nonetheless, perhaps unconsciously, feelings of selfrighteousness,
moral superiority, and American exceptionalism drive United States policies that
spurn or restrict constructive engagement and find general basis on myths and
narratives. Rather than delve into the sources of those ideological or emotional
drivers, it is important to focus on the misperceptions, many of accepted as truth
and conventional wisdom.3 These myths are specious and selectively applied as
rationales used to support isolationist policies. Diplomatic engagement or
constructive engagementthe central focus here is but one amongst many tools of
statecraft employed by governments to help achieve their foreign policy
objectives.4 In this analysis, engagement means a continuoussustained
dialogue, conducted by diplomats to foster co-operation, build confidence, reduce
tensions, or create a space for further interaction.5 In this sense, the terms
engagement and diplomatic engagement are synonymous.
DE Track 2
Diplomatic engagement is direct political contact to foster
cooperation, reduce tension or further interaction. Track two
diplomacy is distinct.
Fields 7
Jeffrey, PhD in politics and international relations, from his dissertation @ USC,
ADVERSARIES AND STATECRAFT: EXPLAINING U.S. FOREIGN POLICY TOWARD
ROGUE STATES, December, p. 303-304 Italics in original
I define engagement as a diplomatic posture that employs direct (even if it is
at a low level) political contact as a strategy to foster cooperation, build confidence,
reduce tensions, or to create a space for further interaction.10 I separate the use of
incentives from the definition, though positive incentives can be an important part
of an engagement strategy. Engagement in and of itself without the use of
incentives
can signal a willingness to cooperate on issues or at a minimum that relations
between two states are important enough to maintain a vehicle for direct
diplomacy.
The United States has engaged Syria for many years. Even after Washington
recalled
its ambassador in 2005, the United States continued to talk with Syria about
regional
matters. The negotiations that eventually disarmed Libya look place in secret over
the course of a decade - while Washington and Tripoli did not have diplomatic
relations. These are notable cases of engagement that stand in contrast the
episodes
of isolation of Iran and North Korea.
Engagement can, however, make exclusive use of negative incentives. Haass
and O'Sullivan consider incentives as bound into the definition of engagement. They
write: "In our usage, engagement refers to a foreign policy strategy that depends to
a
significant degree on positive incentives to achieve its objectives-"" Therefore,
though Haass and O'Sullivan's approach is quite useful I modify their definition of
engagement to disaggregate incentives. And as they note, engagement "does not
preclude the simultaneous use of other foreign policy instruments."1' This is
certainly the case and why I contrast engagement, broadly defined, with isolationist
policies.
10 I emphasize direct, official contact recognizing that states that are
isolated diplomatically by the
United States such as Iran often are still engaged regularly through track-
two diplomacy.
DE Limits Impact
Our interpretation of high level, direct and official contact is
necessary to preserve limits. Contextual uses of diplomatic
engagement include grants for musical performances, sports
tours, and medical goodwill ambassadors.
Lemery 10 Jay, A Case for White Coat Diplomacy, JAMA. 2010;303(13):1307-
1308. doi:10.1001/jama.2010.384.
http://jama.jamanetwork.com.turing.library.northwestern.edu/article.aspx?
articleid=185603
A closer partnership between academic medicine and foreign policy could serve as
a model for US diplomatic engagement worldwide. There is precedent for this.
The US State Department has a long history of tapping into the best and brightest
talent from the United States to promote diplomacy. Such grant-funded programs
include musical performances, English-language initiatives, and sports team tours.
The strategy is predicated on the premise that individuals will transcend politics to
connect through the arts, music, and sportsmanship, and find mutual wellness,
respect, and goodwill in return. By logical extension, medicine should be part of this
list.
By extending its mandate to include international medical outreach, the US
diplomatic service could reap the benefits of engaging a talent pool of thousands of
physician-ambassadors whose goals overlap their own at the professional level, to
foster reciprocal goodwill with US colleagues and, at the humanitarian level, to
showcase US concern for the well-being of people in each country in which such a
program is undertaken.
Economic
Economic Efects Bad
Defining whether a plan is economic on the basis of efect
makes nuclear war potentially topical- only focusing on means
avoids the worst kind of efects topicality.
Baldwin 85 David A., Professor of World Order Studies and Political Science at
Colombia, Economic Statecraft, p. 33-36
Alternative Concepts
As with policy options, the value of a particular conceptualization is best measured by comparing it with available
economic statecraft is defined in terms of means, alternative
alternatives. Whereas
concepts are usually defined in terms of actual or intended efects of a policy or in terms of the
process by which the policy was made.
The term "foreign economic policy" is sometimes used in much the same way as "economic statecraft" is used here.
Other uses, however, should be noted. Benjamin Cohen and Robert Pastor define it in terms of governmental
actions intended to affect the international economic environment.17 An important drawback to this conception is
that it makes it definitionally impossible to consider foreign economic policy as an option when a statesman wants
to affect the noneconomic aspects of the international environment, say the international climate of opinion with
respect to the legitimacy of the government of Rhodesia. Rational adaptation of means to ends in foreign policy
making is not facilitated by defining some policy options in terms of particular ends. Still another objection to this
definition is that it says nothing about the means to be used, thus leaving open the possibility that the use of
noneconomic techniques, such as threats of violence, could be considered foreign economic policy. Such a
possibility strays needlessly from common usage.
Stephen D. Cohen argues that the term "international economic policy" is preferable to the more commonly used
phrase, "foreign economic policy." He contends that "international economic policy must be viewed as being a
separate phenomenon, not a tool for use by either foreign policy or domestic economic policy officials." The reasons
underlying Cohen's position can be summarized as follows: (1) "International economic policy" is the "preferable
term because . . . policy making in this area must take account of too many questions of domestic. . . policy to be
considered 'foreign.' " (2) "The term 'foreign economic policy' usually connotes a subdivision of foreign policy as a
whole and is therefore an oversimplification." And (3) acceptance of international economic policy as a distinct
policy area is the "best and quickest way" to improve understanding of the "forces of economics in international
economic policy" and of "the global political impact of U.S. international economic policy."19 The following points,
however, should be noted in response to Cohen's position: (1) Foreign policy has traditionally been defined in terms
of attempts to influence foreigners, not in terms of the factors that should be taken into account in formulating the
policy. The fact that making international economic policy requires consideration of foreign and domestic political
and economic factors in no way distinguishes it from traditional conceptions of foreign economic policy. (2) It is not
self-evident that treating foreign economic policy as a subdivision of foreign policy as a whole constitutes
"oversimplification." Cohen provides little evidence or argument to support this contention. Indeed, from an a priori
standpoint, it would seem simpler to consider international economic policy by itself than to treat it as part of a
larger whole. Treating more variables may lead to overcomplexity, but it rarely leads to oversimplification. And (3)
the question of whether Cohen's approach is the "best and quickest way" to enhance understanding is best
answered after consideration of alternative
At least three common meanings of the term economic sanctions may be identified .
The first is a rather narrow concept referring to the use of economic measures to enforce international law. The
second refers to the types of values that are intended to be reduced or augmented
in the target state. And the third usage corresponds to the concept of economic techniques of statecraft as
used here. The first is narrowly legalistic and therefore unsuitable for general foreign policy analysis. The
second emphasizes intended effects rather than the means for achieving those
effects. The difficulty is that any or all of the policy instruments discussed in the previous
chapter can be used to affect the economic values in a target state. Diplomatic
pressure on other states can be used to discourage trade with the target; propaganda can be
used to undermine confidence in the target states currency; and military attack can be used to
destroy factories. Thus, conceiving of economic sanctions in terms of the intended
effects on the receiving state is no help at all in distinguishing economic from
noneconomic tools of statecraft. The term economic sanctions is used in so many different ways that
there is much to be said for avoiding it altogether. Unfortunately, the term is so deeply embedded in the literature
of economic statecraft that ignoring it is impossible. Later chapters will therefore use this term, but only in its third
sense.
Not everyone would agree that this is worthwhile. Klaus Knorr, for example, focuses his attention on explicating the
concepts of power and influence, while virtually ignoring economic concepts. He defends this by asserting that the
conceptualization of economic phenomena. . . [can be taken] for granted, because it is highly standardized and
easily accessible in good textbooks. Thus, when Knorr defines economic power in terms of economic policy, it
is presumably all right since one has only to consult a good textbook in order to ascertain criteria for
distinguishing economic from noneconomic policy. The best known textbook available, however, is not very helpful
in this respect. Paul A. Samuelsons Economics lists six different definitions of economics and notes that the list
could be extended many times over. Some of these are clearly unacceptable for differentiating economic from,
noneconomic statecraft. For example,to define economic activities as those which involve
exchange transactions among people regardless of whether money is used is to
include many areas of social life not normally considered to be economic. The social
exchange theorists have demonstrated that the exchange of status, favors, respect, love,
friendship, and so on are ubiquitous in social life ; yet few economists or noneconomists would
label such exchanges as economic. Similarly, to define economics as the study of how to
improve society is too broad to be helpful in defining economic statecraft. An
equally broad definition favored by some economists depicts economics as a science responsible for the study of
human behavior as the relationship between ends and means which have alternative uses. So defined, it
encompasses the whole field of means-ends analysis and is utterly worthless for distinguishing economic
In defining economic statecraft or economic
techniques of statecraft from other techniques.
power, as in other areas of intellectual inquiry, it is risky to take agreement on
basic concepts for granted.
Definition of the "economic" aspect of social life in terms of the production and consumption of
wealth that is measurable in terms of money corresponds with long-standing usage
by the classic textbooks13 of economics and is descriptive of the interests of most
contemporary economists. In addition, such usage captures the basic intuitive
notion of economic activities used by laymen and policy makers.
ADJECTIVE:
X or Y or both
Wood 1 (Diane P., Circuit Judge United States Court of Appeals, Susan E. Hess,
Plaintiff-Appellee, v. Hartford Life & Accident Insurance Company, 12-13,
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?
court=7th&navby=case&no=002043)
Having determined that Hess's 1996 employment contract is properly a part of the administrative record the district
court was entitled to consider, we must next decide whether Hartford could reasonably have determined that
Hess's benefits as of April 19, 1996, should have been based only on her 1995 draw amount. Like the district court,
we cannot read the contract that way. Hess's 1996 contract clearly states that the draw system was to be phased
out as of April 5. The contract also specifies that her benefits, including long-term disability benefits, would be
calculated based on her "base salary and/or draw." (We note in passing that the phrase "and/or" has its
critics. Bryan A. Garner reports in A Dictionary of Modern Legal Usage 56 (2d ed. 1995), that "and/or has been
vilified for most of its life-- and rightly so." He goes on to say, however, that the expression, while "undeniably
clumsy, does have a specific meaning (x and/or y = x or y or both)." Id.) Here, this
would mean that Hess could have her benefits calculated on the basis of her base
salary, or her draw, or both. In the context of Fleet's transition away from a draw system, the only
reasonable interpretation of this provision was that the benefits would be based on the draw while it was in effect
and on the base salary thereafter. As of April 5, Hess was thus contractually entitled to a benefits package based on
her base salary--that is, based on the average of her previous two years' commissions. The fact that Fleet may have
breached the contract (or been slow in implementing its details) by failing to move from the draw system to the
base salary system until June 1 does not change the package of compensation and benefits to which Hess was
contractually entitled. Nor could the fact that Fleet failed to inform Hartford about the date the change-over was to
have occurred affect Hess's benefit amount. The Hartford policy states that "[i]f [Fleet] gives The Hartford any
incorrect information, the relevant facts will be determined" to establish the correct benefit amount. Once informed
by Hess's attorney that Hess believed the information Fleet provided Hartford was incorrect, it was incumbent on
the examiner to refer to Hess's employment contract to determine her actual regular monthly pay. Had he done so,
he would have seen that Hess became entitled to the higher level of benefits on April 5, two weeks before her
disability. The district court therefore did not err when it concluded that Hartford's failure to consider the contract
was arbitrary and capricious.
And/or means or
Words and Phrases 7 (3A W&P, p. 224)
Or. 1942. As used in the constitutional amendment and statue relating to the creation of public utility districts, the
hybrid phrase and/or may be construed as meaning or .Ollilo v. Clatskanie Peoples
Utility Dist., 132 P.2d 416, 170 Or. 173.
And
In addition
Ansell 00 (Mary, Chapter 28: Conjunctions, English Grammar: Explanations and
Exercises, http://www.fortunecity.com/bally/durrus/153/gramch28.html)
Coordinate conjunctions are used to join two similar grammatical constructions; for
instance, two words, two phrases or two clauses. e.g. My friend and I will attend the meeting. Austria is famous for
the beauty of its landscape and the hospitality of its people. The sun rose and the birds began to sing. In these
examples, the coordinate conjunction and is used to join the two words friend and I, the two phrases the beauty of
its landscape and the hospitality of its people, and the two clauses the sun rose and the birds began to sing. The
most commonly used coordinate conjunctions are and, but and or. In addition, the words nor and yet may be used
as coordinate conjunctions. In the following table, each coordinate conjunction is followed by its meaning and an
example of its use. Note the use of inverted word order in the clause beginning with nor. Coordinate
Conjunctions and: in addition She tried and succeeded .
Requires both
Words and Phrases 7 (3A W&P, p. 166)
Inclusion of conjunctive and in regulation indicated that all three of the
C.A.Fed. 2001.
enumerated criteria had to be demonstrated.Watson v. Department of Navy, 262 F. 3d 1292,
certiorari denied 122 S.Ct. 817, 534 U.S. 1083, 151 L.Ed.2d 700.Admin Law 412.1.
Not or
Words and Phrases 7 (3A W&P, p. 167)
and/or. Banish from your working vocabulary this "much condemned conjunctive-
disjunctive crutch of sloppy thinkers" (citing Raine v Drasin, discussed below) . . . .
The word or usually includes the sense of and:
No food or drink allowed.
That sentence does not suggest that food or drink by itself is disallowed while food
and drink together are OK . . . .
With
Participant
the form of the light curve changes with period in a systematic way
2.1Marked by or wearing:
6Indicating responsibility:
leave it with me