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“Home Court Advantage: Comparing International Criminal Tribunals To Domestically-Grown Reconciliation”, Elise Treon

Honors Thesis

Scholars have studied wars and their causes for centuries, but what happens when the tanks roll out and the guns stop firing? The concept of reconciliation is a relatively new field of study in international relations, and the scholarship of specific transitional justice mechanisms remains underdeveloped. I comparatively analyze the differences between external and internal peacebuilding strategies – specifically the effectiveness of international tribunals in establishing long term deep reconciliation. In defining internal and external transitional justice mechanisms, I differentiate between a reconciliation process that prioritizes rebuilding citizens’ lives over one that prioritizes the desires of the international community. It …

Nuclear Chain Reaction: Why Economic Sanctions Are Not Worth The Public Costs, Nicholas Colby Watson Wolfe

Florida Journal of International Law

No abstract provided.

The Istanbul Convention’S Evidentiary Requirements In The Light Of Laws On Self-Defence And Mitigating Criminal Responsibility, Alexandra Molitorisová, Ciarán Burke

University of Miami International and Comparative Law Review

The article argues that the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention), a comprehensive international treaty, may necessitate deep changes in its Parties’ domestic legal regimes, including reconceptualising laws on circumstances excluding or mitigating criminal responsibility and related evidentiary issues in domestic violence cases. The article first presents the theoretical underpinnings of a gendered understanding of violence and criminal laws. It then proceeds to present different approaches to law reform that have contemplated gendered laws on circumstances that exclude criminal responsibility, mostly in the context of homicides committed by battered women. …

The Dilemma Action: Analysis Of An Activist Technique, Majken Sorensen, Brian Martin

Faculty of Law, Humanities and the Arts - Papers (Archive)

When nonviolent activists design an action that poses a dilemma for opponents— for example whether to allow protesters to achieve their objective or to use force against them with consequent bad publicity—this is called a dilemma action. These sorts of actions have been discussed among activists and in activist writings, but not systematically analyzed. We present a preliminary classification of different aspects of dilemma actions and apply it to three case studies: the 1930 salt march in India, a jail-in used in the Norwegian total resistance movement in the 1980s, and the freedom flotillas to Gaza in 2010 and 2011. …

Organizational Apologies: Bp As A Case Study, Erin O'Hara O'Connor

Scholarly Publications

On April 20, 2010, the Macondo oil well ruptured during the final phases of exploratory drilling. Methane gas and other substances spewed from the well onto the Deepwater Horizon drilling platform causing an explosion and fire that killed eleven crewmen and ultimately sank the platform. Over the next three months, the well, located approximately 250 miles southeast of Houston, Texas, spilled as much as 184 million gallons of oil into the Gulf of Mexico. In the aftermath, the U.S. government banned deepwater drilling for several months while applicable regulations were toughened.

The well’s majority owner was BP PLC, formerly known …

Organizational Apologies: Bp As A Case Study, Erin O'Hara O'Connor

Vanderbilt Law Review

This Article examines the conduct of BP executives in the weeks following the Deepwater Horizon oil spill to illuminate the use of apology by organizations. After briefly describing the value of apology and its nuances from an evolutionary perspective, the Article describes how apology and other responsibility-accepting behaviors can be mobilized by organizations to avoid the costs of its apparently careless conduct. In particular, organizations can designate particular agents as spokespersons who possess the ability to portray a sense of sincerity and regret. Moreover, reconciliation by ingroup members appears to be more common than is reconciliation by outgroup members, likely …

Disarming Youth Combatants: Mitigating Youth Radicalization And Violent Extremism, Alpaslan Özerdem, Sukanya Podder

Journal of Strategic Security

In the complex of motivating variables that define the push and pull factors behind recruitment and participation in civil conflict, "radicalization"—or "violent extremism"—is not conceived as a very strong motive, as is the case with studies on terrorism. As part of disarming youth combatants,the linkages between reintegration outcomes and possible rerecruitment into radical and extremist violence must be better understood to mitigate such risks. In our analysis, the policies guiding reintegration of child soldiers and youth should be better attuned to the relationship between recruitment motivations and reintegration outcomes, and must be approached from a political lens rather than a …

Organizational Apologies: Bp As A Case Study, Erin O'Connor

Vanderbilt Law School Faculty Publications

This Article examines the conduct of BP executives in the weeks following the Deepwater Horizon oil spill to illuminate the use of apology by organizations. After briefly describing the value of apology and its nuances from an evolutionary perspective, the Article describes how apology and other responsibility-accepting behaviors can be mobilized by organizations to avoid the costs of its apparently careless conduct. In particular, organizations can designate particular agents as spokespersons who possess the ability to portray a sense of sincerity and regret. Moreover, reconciliation by ingroup members appears to be more common than is reconciliation by outgroup members, likely …

Saltwater Cowboys: Life In A Time Of Death And Destruction, Lisa Slater

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper begins at the Derby (western Kimberley, WA) bull rides, where young Aboriginal men compete to be champion bull riders - with the prize of a social status akin to an AFL football star. The abundance of life performed in this arena lies in stark contrast to the too often rehearsed appalling health and social statistics, which has produced policies such as the Northern Territory National Emergency Response, Shared Responsibility Agreements and 'Close the Gap'. Too many Indigenous Australians are in a state of relentless poverty, which is responded to with shortsighted instrumentalist policies. Achille Mbembe argues that the …

Where Do The United States And Canada Stand Vis-A-Vis Other Countries Regarding Entrepreneurship - Discussion Following The Remarks Of Dr. Robert Hisrich, Discussion

Canada-United States Law Journal

No abstract provided.