Digital Commons Network^™

Brackeen V. Zinke, Bradley E. Tinker

Public Land & Resources Law Review

In 1978, Congress enacted the Indian Child Welfare Act to counter practices of removing Indian children from their homes, and to ensure the continued existence of Indian tribes through their children. The law created a framework establishing how Indian children are adopted as a way to protect those children and their relationship with their tribe. ICWA also established federal standards for Indian children being placed into non-Indian adoptive homes. Brackeen v. Zinke made an important distinction for the placement preferences of the Indian children adopted by non-Indian plaintiffs; rather than viewing the placement preferences in ICWA as based upon Indians’ …

Supranational Identity Politics: Sovereignism In The Eu, Emilio Jacintho

UNLV Theses, Dissertations, Professional Papers, and Capstones

The implementation of identity politics policies conceived at a supranational level appears to motivate the coordination of populist movements, the radicalization of their discourses, and an increasing resentment towards minority groups. I investigate the reaction of populist sovereignist political movements, among recently admitted EU member states, to the implementation of European Union policies that involve the positive discrimination of minority groups and mandated refugee relocations. The implementation of such policies seems to have contributed to the resentment toward policy-favored minorities, the increase of anti-immigration values, the success of extremist political expressions, and the mistrust of political institutions and traditional parties. …

It Could Never Last: Why British Sovereignty And Its Influence Since 1945 Resulted In Brexit, Jeffrey Brandt

Master's Theses

The EU Referendum of June 2016 marked a watershed moment for the United Kingdom, as it sought to once again reassert its sovereignty and retake its place in the world as an independent state, free from European Union infringement. The British are usually seen as the cussid ones in Europe, stubbornly holding on to their principles and traditions of sovereignty. But why is that? Carefully tracing UK history, particularly from the end of the Second World War to the present day, it becomes understandable why the result of the 2016 referendum should not be quite a surprise. Studying events in …

From Riots To Sovereignty: United States Policy Makers Ideas, Perceptions, And Reactions To The Panamanian Struggle For Sovereignty, William Edward Humphrey

Graduate Theses

After the Hay-Bunau-Varilla Treaty of 1903 the Panamanian people had to live in an occupied country. The U.S. took control of a ten-mile stretch of land surrounding a canal of immense importance to world trade. The U.S. policy makers ignored the pleas, complaints, and demonstrations of the Panamanian people as they struggled for sovereignty in their country. This thesis will show, through the use of primary sources from the U.S. government that U.S. policy makers refused to see the importance of sovereignty to the Panamanian people until the 1964 Panamanian Flag Riots. After that episode, U.S. policy makers dramatically shifted …

Tribal Governance In The United States: Adaptation And Change, Michelle Watts

Dissertations

The purpose of this dissertation is to contribute to the body of knowledge on indigenous governance, specifically that of Native Americans and Alaska Natives. This project examined how differing circumstances of Native Nations influence how Native Nations leaders perceive their ability to govern and their relationships with non-indigenous entities. It sought a greater understanding of the cultural adaptations of Native Nations, and how these adaptations influence governance and relationships with state and federal government entities. To gather information, surveys were sent out to all leaders of Native Nations in the United States, according to the Bureau of Indian Affairs (BIA) …

Quest For Relevance: Whither The Asean Charter In Shaping A Shared Regional Identity And Values, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Promulgated in 2007, the Charter of the Association of Southeast Asian Nations (ASEAN) reaffirms ASEAN’s longstanding policy of non-interference in member-states’ internal affairs and the retention of consultation and consensus as fundamental tenets of decision-making in ASEAN. This essay considers the role of soft law in the interpretation and development of the ASEAN Charter. It also considers whether the Charter will help ASEAN achieve integration as well as promote democracy, human rights and development in an immensely diverse region comprising half a billion people. The essay argues that although the Charter is a binding legal instrument, the text enables a …

The Regime Of Innocent Passage In Disputed Waters, Hitoshi Nasu

International Law Studies

The regime of innocent passage is a well-established body of customary international law. However, when there is a dispute over sovereign entitlement to a territorial sea or its outer limit, the applicability and legal effect of the regime are brought into question. This article considers the applicability of the regime of innocent passage and its legal effect in disputed waters by critically examining the relevant jurisprudence of international courts and tribunals that have dealt with territorial and maritime disputes. The efficacy of the findings from this analysis will then be evaluated from a legal policy perspective in the interest of …

The Sovereignty Of Suffering: An Interview With Dr. John Currid On The Topic Of Suffering, Julia Ballou

The Kabod

I interviewed Dr. John Currid on the topic of his book Why Do I Suffer? Suffering and the Sovereignty of God.

Nationalism And Sovereignty In Niue, The Cook Islands, Fiji And Hawai‘I, Craig Spurrier

Electronic Thesis and Dissertation Repository

This dissertation explores the ways in which sovereignty and nationalism are expressed within four small island nations of Oceania. These four nations represent significant variation in the level of sovereignty and types of nationalism. Hawaiʻi, though the largest of the four, remains a part of the United States following the overthrow of the Kingdom of Hawaiʻi. An active nationalist movement continues to fight for the end of U.S. occupation. Fiji, whilst legally fully independent, has seen considerable nationalist activity including four coups. Niue and the Cook Islands are in free association with New Zealand. Though independent nations, they have elected …

The Intentional De-Cohesion In Deportability, Talha Issevenler

Publications and Research

A critical exploration of loss or decohesion of political agency in deportability.

Space, The Final Frontier Of Enterprise: Incentivizing Asteroid Mining Under A Revised International Framework, Jack Heise

Michigan Journal of International Law

This Note argues that the Outer Space Treaty (the “OST”) should be modified to provide explicit permission for private entities to engage in asteroid mining while maintaining the principles of international peace and cooperation that the treaty espouses as the core of the framework governing outer space. Part I explores the current state of asteroid mining with reference to the current objectives of companies conducting missions in this realm. Part II examines the OST as applied to the enterprise of asteroid mining by private companies. Part III considers the benefits and drawbacks of various regulatory schemes to govern asteroid mining. …

Drones And The Decolonization Of International Law, Markus Gunneflo

Markus Gunneflo

Upstate Citizens For Equality, Inc. V. United States, Kirsa Shelkey

Public Land & Resources Law Review

The Indian Reorganization Act of 1935 is the proper avenue for Tribes pursuing restoration of their historic trust lands. The Oneida Indian Nation of New York long sought to reassert tribal jurisdiction over its historic homeland in Central New York. These efforts were largely unsuccessful until 2008 when the United States took 13,000 acres of this historic homeland into trust on behalf of the Tribe under the Indian Reorganization Act. This case affirms the federal government’s plenary powers over Indian Tribes, and that neither state sovereignty principles, nor the Enclave Clause upset that authority.

Policing Against The State: United Nations Policing As Violative Of Sovereignty, Alexandra R. Harrington

San Diego International Law Journal

It is the author's contention that both parties to the policing arrangement-be they individuals, states, or organizations-give up portions of their sovereignty in the creation and maintenance of the police and policed relationship where the police are not serving the state which theoretically guards the policed. Part II of this Article provides a discussion of legal concepts of state sovereignty in international law. Part III examines the role of police in U.N. peacekeeping missions from the first peacekeeping mission entailing policing operations in the 1960s through present day operations. This examination reveals a pattern in the growth and development of …

Disorderly Histories: An Anthropology Of Decolonization In Western Sahara, Mark Drury

Dissertations, Theses, and Capstone Projects

This dissertation situates the disputed geopolitical territory of Western Sahara in a broader, regional history of decolonization. Eschewing the conceptual framework of methodological nationalism, and pushing beyond the period of Moroccan-Sahrawi political conflict, it examines how decolonization has generated multiple, unresolved political projects in this region of the Sahara, dating back to the 1950s. These formations, encompassing southern Morocco, Moroccan-occupied Western Sahara, Sahrawi refugee camps in Algeria, and northern Mauritania, include a zone of militarized occupation, a movement for nation-state sovereignty based in refugee camps, and the borderlands in between. By considering the overlapping processes that emerge through these unresolved …

Chile’S Decree-Law 1094: A Source Of Immigrant Vulnerability, Joao M. Da Silva

Dissertations, Theses, and Capstone Projects

The South American nation of Chile is rapidly becoming a receiving nation for immigrants from other South American nations and the Caribbean. By December 31, 2017, the immigrant population had surpassed 1.1 million, 300,000 of whom are in irregular status. Immigration to Chile is governed by Decree-Law No. 1094 (DL 1094) of 1975, the oldest immigration law in South America, decreed by the military junta led by General Augusto Pinochet. I argue that the continued application of DL 1094, and the Chilean state’s failure to enact a new law that addresses immigration from a human rights-based approach, contributes to perpetuating …

We Refugees, Again, Aaron Linas

Dissertations, Theses, and Capstone Projects

Dramatic shifts in climate have generated a new form of global displacement. These ‘climate migrants’ challenge the notion of state sovereignty by introducing a new paradigm for global responsibility. I seek to address this emerging demand of sovereignty by outlining the normative mechanisms of state institutions when encountering displaced persons. The extreme cases of disappearing island nations creates stateless population incompatible with standard liberal values of humanitarianism and border security. My claim is that current normative institutions and principles of assistance to migrating people are insufficient to manage the international crisis of climate change. To be able to aid migrants …

The Internal Morality Of International Law, Evan Fox-Decent, Evan J. Criddle

Faculty Publications

No abstract provided.

Soviet Armed Forces Review Annual: Vol. 5, 1981, Joseph E. Thach Jr

Naval War College Review

No abstract provided.

The Balance Of Military Power, Dov S. Zakheim

Naval War College Review

No abstract provided.

Shadrin: The Spy Who Never Came Back, Curtis Carroll Davis

Naval War College Review

No abstract provided.

No Hiding Place, Alfred P. Rubin

Naval War College Review

No abstract provided.

Inside The Iranian Revolution, Ephraim E. Waller

Naval War College Review

No abstract provided.

The Defense Industry, William E. Turcotte

Naval War College Review

No abstract provided.

New Eye For The Navy; The Origin Of Radar At The Naval Research Laboratory, Robert Artigiani

Naval War College Review

No abstract provided.

Live Oaking: Southern Timber For Tall Ships, Frank Uhlig Jr

Naval War College Review

No abstract provided.

Sovereignty For Sale, Allan A. Arnold

Naval War College Review

No abstract provided.

A Bloody War, J.P. Morse

Naval War College Review

No abstract provided.

The Fall Of Fortress Europe, 1943-1945, Mark A. Stoler

Naval War College Review

No abstract provided.

The March To The Marne, Steven B. Ross

Naval War College Review

No abstract provided.