Digital Commons Network^™

International Asylum Law In The U.S. Supreme Court, Lorin Utsch

Undergraduate Honors Theses

The role of international law within the United States legislative system is unclear and fluctuating. The extent to which the United States keeps its international commitments is informed by the application of international law in the country’s highest court, the Supreme Court. The Court’s use of international law varies by case, but consistently applies international law so as to maximize domestic interests. These interests may be of strategic, legal, or ideological value. The Supreme Court cites international asylum law in order to clarify domestic statutes, safeguard domestic sovereignty, and to reemphasize the Court’s preference for domestic statutes over international legal …

Venezuela Claims To Guyana Territory And Its Regional Destabilization Threats, Anissa L. Rodriguez

MSU Graduate Theses

As global tensions escalate over territorial disputes, Venezuela's assertion of claims over the Essequibo territory in Guyana threaten to destabilize a pivotal region in South America known for its abundant natural resources and prospering economy. This thesis will highlight the key distinctions between different European explorers and how they diversified the legacy of colonialism, changed historical and political trajectory, and shaped modern-day Guyana and Venezuela. It will highlight the critical roles that natural resources and international law play in territorial contention and sculpting of the geopolitical landscape within this crucial region. This thesis will scrutinize the potential fallout of the …

The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan

Theses and Dissertations

The emergence of modern-nation states saw the end of the empirical era of exploitation and exercise of inherent racist tendencies towards the 'other'. However, the effect of that colonial system is still ever-present in the creation and governance of these newly independent states. While every new state aims to be 'modern', they adopt the international legal framework of the West as their own - a system they had initially wanted to escape. The concept of Muslim universality in the form of the ummah should have freed Pakistan from the shackles of its former colonial masters. Instead, this phenomenon was replaced …

Seeking Justice For Jews From Mena Countries Through International Law: Comparing The Cases Of Morocco And Iraq, Jessica E. Yeroshalmi

Student Theses and Dissertations

Little is known of the Jews of Middle Eastern North African (MENA) origin whose long standing history in the region did not protect them from discrimination, persecution, and ethnic cleansing. Although much of the research on contemporary Jewish history and persecution revolves around the Holocaust and European events and its implications for Jews and international law, far less is researched about the uprooting of nearly one million Jews from the MENA region. In this investigation, I aim to reconstruct that narrative, applying international law to Jewish refugees from Arab countries. My thesis will be a comparative analysis of Morocco and …

Does Electoral Proximity Influence Commitment To International Human Rights Law?, Nolan A. Ragland

Chancellor’s Honors Program Projects

No abstract provided.

The Ambiguity In International Law And Its Effect On Drone Warfare And Cyber Security, Amina Khan

MA Major Research Papers

Drone warfare and artificial intelligence have considerably shaped cybersecurity and international law over the years. The rapid growth of technology has slowly forced entry into the international and domestic affairs of states. How countries conduct surveillance and practice defence does not look the way it did many years ago. One must observe how the rule of law is affected by technological advancement at the international level where many complexities are seen to rise to the surface. Balancing domestic and international law comes into question when drones and artificial intelligence become key components in state affairs that transcend geographical borders. This …

Patents And Plants: Rethinking The Role Of International Law In Relation To The Appropriation Of Traditional Knowledge Of The Uses Of Plants (Tkup), Ikechi Mgbeoji

PhD Dissertations

Legal control and ownership of plants and traditional knowledge of the uses of plants (TKUP) is often a vexed issue, particularly at the international level because of the conflicting interests of states or groups of states in the matter. The most widely used form of juridical control of plants and TKUP is the patent system which originated in Europe. This thesis rethinks the role of international law and legal concepts, the major patent systems of the world and international agricultural research institutions as they affect legal ownership and control of plants and TKUP. The analysis is cast in various contexts …

Delphi Study Of International Cybersecurity Norms, Kenneth J. Biskner

Walden Dissertations and Doctoral Studies

Unregulated state cyberattacks are an urgent threat to international peace and security because of the costs they impose and the devastating effects they can create. However, international norms governing state cyberattacks (international cybersecurity norms) have not yet emerged. The lack of meaningful consequences for state cyberattacks, and the high rewards derived from them, incentivize states to engage in this new form of hostile conduct (cyberconflict). The problem addressed in this modified Delphi study was the persistent struggle between authoritarian and democratic states over competing international cybersecurity norms that cause cyberconflict to remain unregulated. Kingdon’s multiple streams framework was used as …

Combatting Wage Theft In Global Supply Chains: A Proposal For Transnational Wage Lien Laws, Nabila N. Khan

LL.M. Essays & Theses

When the world went into lockdown due to the COVID-19 pandemic, major fashion brands attempted to protect their profits by refusing to pay overseas suppliers for over $16 billion USD of goods between April and June 2020. These decisions had a devastating impact on garment workers who toil at the bottom of the supply chain; thousands of garment workers and their families faced wage theft, dealing with months of unpaid wages, benefits and/or severance pay. In the absence of a regulatory framework to hold corporations responsible, workers, unions, and NGOs resorted to naming and shaming brands into taking action. However, …

Islands In The Sun: Lawfare And Great-Power Competition In The Indo-Pacific, Clayton T. Russo

MSU Graduate Theses

This thesis examines the U.S.-Japan Mutual Defense Treaty and its future considering the recent developments in the international security environment. The 2018 National Defense Strategy brought back an emphasis on Great Power Competition, fundamentally transforming the role of U.S. alliances to address new challenges. In the 2021 budget, the Pacific Deterrence Initiative (PDI) has prioritized the People’s Republic of China as the number one pacing threat to theUnited States, drastically shifting international focus away from the Middle East and towards East Asia. In conjunction with funding new capabilities through the PDI, the U.S. will need to conceive new legal doctrines …

International Imposition Vs. Domestic Assimilation: The Criminalization Of Female Genital Cutting In Ghana, Anna Amma Sallah

Electronic Theses and Dissertations

The unassailable continuity of female genital cutting (FGC) despite its criminalization and the salience wielded over the past few decades stokes thoughts about what is missing—signifying the need to examine present legal mechanisms pertinent to FGC critically. The current research fails to consider the full breadth of the entanglement of law and culture relating to FGC, which is important because where the change of behavior is the objective of the law, social and legal norms must interact. By relying on the basis that FGC is not a normative crime but a deeply rooted cultural practice, I argue that international law …

Killer Robots On Trial: Autonomous Weapons Systems In The Context Of International Law, Mikaela Heck

MA Major Research Papers

Killer robots are no longer a facet of science fiction, but rather an imminent reality. The development of autonomous weapons systems (AWS) has been something states and military operations have been working towards to build their arsenal and change the landscape of conflict. With this changing landscape, these AWS fit within public international law in a unique way, existing somewhere in between a weapon and a combatant. With increased autonomy and diminished human control over their behaviour, AWS present an interesting dilemma to existing international legal structures, as they are typically written in a fashion designed to be adhered by …

"Prevention Through Deterrence" Against Citizens: The Venezuela-Colombia Border During The Covid-19 Pandemic And Human Rights Implications, Andreina Negretti Benito

Honors Theses

This thesis analyses the human rights implications of the measures taken by the Venezuelan government at the Venezuelan-Colombian border during the COVID-19 pandemic. I will argue that the goal of these measures is preventing or impeding the return of citizens through "deterrence techniques" that have been historically used by other countries. This case's importance relies on the fact that, unlike other cases, the Venezuelan government uses these "techniques" against its own nationals, rather than against unwanted immigrants. The first chapter will provide an overview of the theoretical framework concerning migration, arguments regarding open borders, and human rights protections. This will …

(Dis)Contentment With The International System: The Relationship Between Territorial Dispute Settlement Attempts And Unga Voting, Erik C. Beuck

Doctoral Dissertations

To what degree do the methods of management for territorial and maritime disputes relate to voting patterns in the United Nations General Assembly? In particular, do actions taken by the disputants in managing their disputes exert influence on their fellow disputant’s foreign policy preferences in the United Nations General Assembly (UNGA) reflective of the nature of these attempts? As territory has been found to be one of the most important driving factors in the conflict between states, understanding the impacts of different settlement methods in the active conveyance of information to other state actors in attempts to settle can provide …

China, Xinjiang, And The Genocide Convention: The Fragility Of International Law, Lucy Kate Herron

Honors Theses

This paper examines China’s actions through the lens of the Genocide Convention to examine the whether the crimes of genocide are being committed against the Uyghur population. It contends that according to the Genocide Convention, China is committing genocide, and particularly through conditions, torture, and rape, against the Uyghur population. However, prosecuting a genocide in court would prove difficult due to China's laws and actions that can be used to defer accusations of genocide and problems with the Genocide Convention in the context of China and the Uyghurs.

Skorupskian Allyship: Human Rights Reconstructed Through Efficacious Enforcement And Social Relativism, Chase Opperman

Philosophy Honors Papers

This project aims to take the subject of Human Rights and attempt to wrestle with its clarity. The concept has been, since its more modern manifestation, as represented by the United Nations’ Uniform Declaration of Human Rights, heavily criticized for its being indeterminate, unclear, ambiguous, or somehow not fully understood. Despite the concept’s incredible moral potential, the extent to which this potential can be realized is determined by the concept’s intelligibility and defensibility—both of which are affected by the concept’s being understood to a sufficient point. Given Human Rights’ moral potential to challenge the forces of evil in the world, …

The Blue State: Unrwa's Transition From Relief To Development In Providing Education To Palestinian Refugees In Jordan, Alana Mitias

Honors Theses

Often referred to as the “Blue State”–due in part to its association with the United Nations’ trademark blue branding–the United Nations Relief and Works Agency for Palestinian Refugees in the Near East (UNRWA) has evolved since its creation in 1949 to become both a symbol of the Palestinian cause and an inimitable public service provider across its five areas of operation, especially in regards to education. In the Hashemite Kingdom of Jordan alone, the UNRWA education program educates more than 120,000 students in 169 schools with results comparable with, if not often superior to, Jordanian public schools.

The UNRWA regime …

Nation-Building And Cultural Heritage: A Study Of Turkey And Its Greek Orthodox Community, Sophia E. Kyrou

Senior Theses and Projects

This thesis is an exploration of the intersection between nationalist ideology and cultural heritage policy. This thesis answers how and why states utilize cultural heritage policy to build exclusivist forms of nationalism and, more specifically, models of nationalism that exclude ethno-religious minorities. In my work, I employ a case study of Turkey and its treatment of the Greek Orthodox minority population, and examine two specific periods in Turkish history: the Atatürk period (1920 to 1938) and the Erdoğan period (2001 to present). I answer the case-specific question: How and why has the Turkish state utilized policy dealing with tangible and …

Challenging The Limitations Of Asserting Jurisdiction: A Case Study Of The South China Sea, Joshua Villanueva

Electronic Theses and Dissertations

The South China Sea dispute challenges the future development of maritime legal order and international law. China’s behavior in the South China Sea challenges widely accepted rules governing maritime jurisdiction worldwide as it tries to expand the limits of its jurisdiction. In China’s view, the Arbitral Tribunal in Philippines v. China also challenged the jurisdiction of the UNCLOS by taking a highly political issue related to sovereignty. This thesis argues that mere rhetorical rejection of China’s actions in the South China Sea will not determine the resolution of the dispute. China’s behavior will be dependent on striking the right balance …

Establishing State Responsibility In Mitigating Climate Change Under Customary International Law, Vanessa S.W. Tsang

LL.M. Essays & Theses

As acknowledged in the Paris Agreement’s Preamble, climate change is a “common concern of humankind.” To tackle the anthropogenic greenhouse gases (GHGs) at source, State governments played a pivotal role in implementing climate change policies. It thus justifies the approach of looking into the solutions to climate change from a state responsibility perspective. As mentioned by James Crawford, “[a]ny system of law must address the responsibility of its subjects for breaches of their obligations.” The finding of state responsibility in mitigating climate change will complement the treaty-based climate change regime, providing grounds for climate change litigations and policy formulation.

More …

Thinking Beyond Democracy For A Future Cosmopolitan Legal Order, Thomas Briggs

Philosophy Theses

Recent decades have seen sustained theoretical interest in how a cosmopolitan legal order could be created in a manner consistent with the liberal human rights ideals and democratic principles it is supposed to realize. I argue that this “democratic cosmopolitan” account of the genesis of cosmopolitan law faces at least two dilemmas. Both concern the role that “learning processes” play in its explanation of how a genuine cosmopolitan legal order can emerge from a global transformation in the meaning of sovereignty and citizenship. The first dilemma is the theory’s reliance on underdeveloped sociological claims about the nature of democratic political …

Cooperation In The International System: An Interdisciplinary Investigation At The Intersection Of International Relations And International Law, Kalyani Unkule

Maurer Theses and Dissertations

A conversation between the disciplines of International Relations and International Law illuminates the nature of interstate cooperation and enhances our understanding of the nature and potential of international law. There are methodological and practical asymmetries between International Relations and International Law which create ideal conditions for interdisciplinary work. Studying international cooperation on protecting cultural heritage enable us to address the above questions and reevaluate and extend underlying theoretical frameworks.

Business And Human Rights In The Context Of Sanctions: A Road To Filling The Governance Gap, Bahareh Jafarian

LLM Theses

As concerns about the negative impacts of sanctions on the human rights of civilians and the environment increases, it is necessary to reflect upon the lawfulness and legal status of such measures in international law, and their impact on business enterprises and the field of Business and Human Rights (BHR). While current academic literature tends to focus on implementation, enforcement and business compliance with unilateral and multilateral sanctions, the negative impacts of sanctions on non-state actors and resulting human rights violations are overlooked. Specifically, the relationship between sanctions law and the responsibility of businesses to respect human rights and the …

Legal Frameworks For Protecting Cultural Heritage In Conflict Zones, Marcie M. Muscat

Dissertations and Theses

Cultural heritage has always been at risk during times of war. UNESCO first endeavored to address the issue shortly after World War II, in 1954, when it passed the first of three signature conventions to protect against the damage, destruction, and pillage of cultural property in times of armed conflict. Lacunae and other deficiencies in their frameworks, however, rendered these conventions difficult to enforce and largely ineffectual. This study offers an assessment of the strengths and limitations of the UNESCO system of cultural-heritage protection, with a particular focus on the 1954 Hague Convention. It is argued that, by superseding certain …

Attitudes On International Standards For Criminal Hacking In The Public And Private Sector, Melinda Shoemaker

Walden Dissertations and Doctoral Studies

There is a current gap in the literature regarding uniform and consistent standards and policies for addressing criminal hacking at the international level. The purpose of this quantitative dissertation was to explore the relationship between individuals in the public and private sectors and their attitudes toward the need for international law defining criminal hacking and the penalties associated with the act. Since the advent of information and communication technologies, there has been a need to address security holistically. The security and sustainability of evolving technologies are examined in light of the threat landscape of criminal hacking, privacy concerns, and policies …

Climate Change, Environmentally Displaced Persons And Post-Sovereignty: An Assessment Of Normative Gaps And Potential Solutions In International Law, Thais Pinheiro Birriel

College of Liberal Arts & Social Sciences Theses and Dissertations

This thesis analyses the impact of natural and anthropogenic environmental disruptions in the dynamics of migration as well as its social, legal and political implications in the context of disasters and climate change. The complex case of environmentally displaced persons is examined and the capacity of existing international legal frameworks to address the needs of these group is reviewed. In this scenario, the study explores gaps and limitations of contemporary international law that directly relates to environmentally-induced displacement and concludes that the current international law regime is insufficient to protect environmentally displaced persons. Additionally, the thesis critically evaluates to what …

The Future Of War: Cyber-Attacks And Aggression In International Law, Jamie Hogan

University Honors Theses

Cyber-attacks are becoming more advanced, and more dangerous, but can these simple lines of code be considered acts of war? My research looks at cyber-attacks through international law framework regarding jus ad bellum, the resort to war. After looking at cyber-attacks through this lens, it is possible to declare certain types of cyber-attacks as acts of aggression, and ultimately allow states to invoke their right of self-defense in response to these attacks. My research will then address the need for international law regulating these new weapons of war.

Nonstate Actors And International Law: Just War Theory Or The Universal Declaration Of Human Rights?, Jason Lee Mitchell

UNLV Theses, Dissertations, Professional Papers, and Capstones

There is a debate taking place within the global war on terror (GWT), and its legal and moral parameters are established by two basic arguments. The first is that “Citizens who associate themselves with the military arm of the enemy government, and with its aid, guidance and direction enter this country bent on hostile acts are enemy belligerents within the meaning of the Hague Convention and the law of war” (Ex parte Quirin, 37). The second is that an “Enemy combatant” is a general category that subsumes two sub-categories: lawful and unlawful combatants. The conclusion as it currently stands is …

Climate Change In Canadian Environmental Assessment Legislation: Review And Recommendations For Further Consideration Of Greenhouse Gas Emissions, Émilie Godbout-Beaulieu

LLM Theses

Climate change is the most urgent crisis of our time, as reflected in international agreements like the recent Paris Agreement. State members must now integrate climate change considerations into domestic legislation to honour their commitments. Environmental assessment (EA) is considered a strong tool to address climate change, but Canadian federal and provincial legislation remain unclear on how climate change and greenhouse gas (GHG) considerations must be integrated into the EA process. The Energy East pipeline project case study illustrates the need for a better integration of these considerations for more consistent assessments. European Union and American EA legislation, as well …

The Finnish Line: Verbal Tactics Of Small States In Immature Anarchy, Christopher Main

Graduate Theses and Dissertations

The rules-based international system which has steadily emerged over the last century is in decline. Realists fail to realize that the fundamental anarchy of the international system can mature into a rules-based system which constrains geopolitics. Liberals fail to realize that it can regress in the opposite direction, towards the self-help system described by the realists. Small states stand to lose the most in this regression and are least equipped to fight it by material means. Finland is an ideal example of such a small state, and its foreign policy is articulated by President Sauli Niinistö. This paper will analyze …