Digital Commons Network^™

Power And Proximity: The Politics Of State Secession, Elizabeth A. Nelson

Dissertations, Theses, and Capstone Projects

State secession is a rare occurrence in the international system. While a number of movements seek secession, the majority fail to achieve statehood. Of the exceptional successes, many have not had the strongest claims to statehood; some of these new states look far less like states than some that have failed. So what accounts for these secessions? I argue that the politics of regional actors drive the process. If a secessionist movement does not have the support of actors in the region, it will not achieve statehood. There are three mechanisms through which regional actors can determine outcomes: (1) they …

State Succession - Convention On Status Of Refugees - Lesotho’S Use Of Nyerere Letter Recognized To Effect Accession To Multilateral Convention But Refugee Definition Precludes Applicability Of Convention, William A. Pierce, William W. Poole

Georgia Journal of International & Comparative Law

No abstract provided.

The Evolution Of Greece's Security Legislation And Policy, Andreas Borgeas

Journal of International and Comparative Law

No abstract provided.

Solving The Moro Problem: Legalizing The Bangsamoro Peace Process, Gene Carolan

Articles

The purpose of this paper is to highlight the structural features that are proving central to the stability of the 2014 Comprehensive Agreement on the Bangsamoro between the Government of the Philippines and the Moro Islamic Liberation Front, and those features that were detrimental to its predecessors.

This paper finds that a more highly legalized approach to peace-making has resulted in greater agreement stability in the Philippines. More precise in detail and inclusive in scope, the legal nature of the 2014 Comprehensive Agreement has made it more responsive to the root causes of the conflict, and resilient to incidents that …

The Hidden Costs Of Strategic Communications For The International Criminal Court, Megan A. Fairlie

Faculty Publications

In little more than a decade, the International Criminal Court (ICC) has received nearly 11,000 requests for its Prosecutor to conduct atrocity investigations around the globe. To date, no such communication has resulted in an official investigation. Nevertheless, the act of publicizing these investigation requests has proven to be an effective, attention-getting tool that can achieve valuable, alternative goals. This fact explains the increasing popularity of “strategic communications” — highly publicized investigation requests aimed not at securing any ICC-related activity, but at obtaining some non-Court related advantage. This Article, which is the first to identify this trend, explains why the …

Law Enforcement Access To Data Across Borders: The Evolving Security And Rights Issues, Jennifer Daskal

Articles in Law Reviews & Other Academic Journals

No abstract provided.

A Post-Millennial Inquiry Into The United Nations Law Of Self-Determination: A Right To Unilateral Non-Colonial Secession?, Dr. Glen Anderson

Vanderbilt Journal of Transnational Law

The present Article inquires whether a right to unilateral non-colonial (UNC) secession is grounded in the United Nations (UN) law of self-determination. The Article argues that peoples subjected to deliberate, sustained, and systematic human rights abuses in extremis (e.g., ethnic cleansing, mass killings, or genocide) by the existing state have an international customary law right to UNC secessionist self-determination. This right is coextensive with the "remedial-rights-only" philosophical approach to UNC secession. The Article further argues that in the post-millennial era two developments are likely for the law of UNC secessionist self-determination: first, the right will become available in response to …

Sexual Orientation And Gender Identity, Mark E. Wojcik

The International Lawyer

No abstract provided.

Counter-Terrorism Measures And International Humanitarian Law: A Case Study Of The "Troubles" In Northern Ireland, Juliana Van Hoeven

University of Pennsylvania Journal of International Law

No abstract provided.