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Articles 1 - 30 of 76
Full-Text Articles in Law
Re-Evaluating Peacebuilding In The Democratic Republic Of Congo: A Case Study In Dongo, Wilita Sanguma
Re-Evaluating Peacebuilding In The Democratic Republic Of Congo: A Case Study In Dongo, Wilita Sanguma
Master's Theses
Re-evaluating Peacebuilding in the Democratic Republic of Congo: A case study in Dongo
The Democratic Republic of Congo (Congo) is a country rich with natural resources centered in the heart of Africa. Since the colonial era, the country has seen more bloodshed than peace and development. From 1996 to 2003, Congo experienced the worst conflict since World War II, with over six million people dead. Despite having the largest United Nations peacekeeping troops present; Congo continues to be plagued by violence. This research thesis argues that the international community failed to promote a lasting peace in Congo because the international …
The Balance Of Power, Public Goods, And The Lost Art Of Grand Strategy: American Policy Toward The Persian Gulf And Rising Asia In The 21st Century, Flynt Leverett, Hillary Mann Leverett
The Balance Of Power, Public Goods, And The Lost Art Of Grand Strategy: American Policy Toward The Persian Gulf And Rising Asia In The 21st Century, Flynt Leverett, Hillary Mann Leverett
Penn State Journal of Law & International Affairs
An important driver of relative decline in America’s international standing is the failure of its political elites to define reality-based foreign policy goals and to relate the diplomatic, economic, and military means at Washington’s disposal to realizing them—the essence of “grand strategy.” For several decades, American policy has been pulled in opposite directions by two competing models of grand strategy. In one—the leadership model—America maximizes its international standing by adroitly managing regional and global power balances and promoting the processes of economic liberalization known collectively as globalization. In the second model—the transformation model—America seeks not to manage power balances but …
Towards A Communicative Theory Of International Law, Timothy L. Meyer
Towards A Communicative Theory Of International Law, Timothy L. Meyer
Scholarly Works
Does international law's effectiveness require a clear distinction between law and non-law? This essay, which reviews Jean d'Aspremont's Formalism and the Sources of International Law, argues the answer is no. Ambiguity about the legal nature of international instruments has important benefits. Clarity in the law may encourage states to do the minimum necessary to comply, while some uncertainty about what the law requires may induce states to take extra efforts to ensure they are in compliance. Ambiguity in the law also promotes dynamic change, an important feature in rapidly developing areas of the law such as international environmental law and …
The United Nations And War In The Twentieth And Twenty-First Centuries, Robert Weiner
The United Nations And War In The Twentieth And Twenty-First Centuries, Robert Weiner
Robert Weiner
The United Nations was created in 1945 to prevent another world war. It was designed, as the Preamble to the Charter states, to eliminate the scourge of war. The failure to agree on a permanent UN international army meant that the UN had to improvise in dealing with wars. Peacekeeping, which is not mentioned anywhere in the UN Charter, had to be invented. This study investigates how peacekeeping has evolved through four “generations,” culminating in Unsanctioned multinational forces consisting of “coalitions of the willing.” The study also stresses how one of the greatest peacekeeping failures of the UN in the …
Corruption And Human Rights: Exploring The Relationships, Berihun Adugna Gebeye
Corruption And Human Rights: Exploring The Relationships, Berihun Adugna Gebeye
Human Rights & Human Welfare
Corruption is a global phenomenon which every society faces though its degree of severity varies from country to country. Despite its long history, there is no single universally agreed upon definition of corruption. Moreover, its causes, forms and impacts are diverse and multi-faceted. Understanding corruption by itself is a complex undertaking. However, it is agreed that corruption is inimical to public administration, undermines democracy, degrades the moral fabrics of the society and violates human rights. The pain of corruption touches all the human family but it disproportionately affects the vulnerable sections of the society. It reinforces discrimination, exclusion and arbitrariness. …
Nuclear Arms Control: Challenges And Opportunities In 2013, Steven Pifer
Nuclear Arms Control: Challenges And Opportunities In 2013, Steven Pifer
Brookings Scholar Lecture Series
U.S. nuclear arms control policy must address numerous factors, including our strategic relationships with Russia and China, the potential for future nuclear weapons reductions--including non-strategic nuclear weapons, and the offense-defense relationship, given concerns that missile defense developments could in the future affect the nuclear balance. Washington DC must also consider its obligations under the Non-Proliferation Treaty, how to dissuade new countries from joining the nuclear weapons ranks, and what to do about the Comprehensive Test Ban Treaty, which the United States has signed but not ratified. This presentation will explore challenges and opportunities facing Washington DC in the aftermath of …
Pakistan Or The Cemetery!: Muslim Minority Rights In Contemporary India, Anthony Chase
Pakistan Or The Cemetery!: Muslim Minority Rights In Contemporary India, Anthony Chase
Anthony Chase
No abstract provided.
October Roundtable: Un Secretary-General Report On “Responsibility To Protect: Timely And Decisive Response”, Introduction, Claudia Fuentes Julio
October Roundtable: Un Secretary-General Report On “Responsibility To Protect: Timely And Decisive Response”, Introduction, Claudia Fuentes Julio
Human Rights & Human Welfare
An annotation of:
“Responsibility to Protect: Timely and Decisive Response” Ban Ki-moon, July 2012.
Responsibility To Regulate: How The ‘Responsibility To Protect’ Expands State Power, Philip Cunliffe
Responsibility To Regulate: How The ‘Responsibility To Protect’ Expands State Power, Philip Cunliffe
Human Rights & Human Welfare
Like most UN reports, particularly those concerned with the doctrine of the "responsibility to protect" (RtoP), the latest report of the UN Secretary-General is filled with plenty of pious guff mixed in with the platitudes that engulf UN diplomacy. But buried within the blathering are also some disturbing prescriptions for how the UN envisages rolling out RtoP around the world. I want to draw attention to three specific points in order to consider what these tell us about RtoP as a political model. First, I will look at the treatment of media and speech in the report; second, how the …
Politics As Usual At The Un: Implementing Pillar Three Of Rtop, Eric A. Heinze
Politics As Usual At The Un: Implementing Pillar Three Of Rtop, Eric A. Heinze
Human Rights & Human Welfare
UN Secretary-General Ban Ki-Moon's most recent report on RtoP seeks to evaluate the various ways that Pillar Three of RtoP can be implemented. As anyone familiar with RtoP is aware, the commitment is understood to have three separate but interrelated pillars. The first pillar says that states have the primary responsibility to protect their own citizens from genocide, war crimes, crimes against humanity, and ethnic cleansing. Pillar Two says that the international community should assist states in fulfilling this responsibility, while Pillar Three says that if the state fails in its primary responsibility to protect its citizens from these crimes, …
“The Rtop And Responsibility While Protecting: The Secretary-General’S Timely And Decisive Report On Timely And Decisive Responses”, James Pattison
“The Rtop And Responsibility While Protecting: The Secretary-General’S Timely And Decisive Report On Timely And Decisive Responses”, James Pattison
Human Rights & Human Welfare
The United Nations Secretary-General's report on pillar three of the responsibility to protect (RtoP), "Responsibility to Protect: Timely and Decisive Response," is the most interesting, timely, and decisive of his four reports thus far on the RtoP. To start with, the subject matter of pillar three – the international community's potentially coercive responses to humanitarian crises, including humanitarian intervention – is the most controversial part of the RtoP doctrine and the area that has attracted the most criticism from skeptics. Previous reports, such as Implementing the Responsibility to Protect(2009), gave pillar three, and humanitarian intervention in particular, fairly short shrift, …
Strategies & Decisiveness: What Is Implied By A “Timely And Decisive Response” For Rtop Situations, H. M. Roff
Strategies & Decisiveness: What Is Implied By A “Timely And Decisive Response” For Rtop Situations, H. M. Roff
Human Rights & Human Welfare
Reflecting upon United Nations Secretary-General Ban Ki-moon's recent report concerning the third pillar of the Responsibility to Protect (RtoP), on the "timely and decisive response," two items become clear to me. First is that the third pillar is inherently coercive in nature, even though the report and many RtoP pundits stress that it entails more than merely sanctioning the use of force. Second is that this is unsurprising if we recall that the purpose of RtoP is to ensure the protection of particular human rights (rights against: genocide, war crimes, crimes against humanity, and ethnic cleansing) and that having a …
Migration And Disaster-Induced Displacement: European Policy, Practice, And Perspective, Michael D. Cooper
Migration And Disaster-Induced Displacement: European Policy, Practice, And Perspective, Michael D. Cooper
Michael D. Cooper, Esq.
Over the last decade, a series of devastating natural disasters have killed hundreds of thousands of people, displaced millions, and decimated the built environment across wide regions, shocking the public imagination and garnering unprecedented financial support for humanitarian relief efforts. Some suggest that disaster migration must be supported by the international community, first as an adaption strategy in response to climate-change, and second, as a matter of international protection. This study surveys the current state of law as it relates to persons displaced by natural disaster, with a specific focus on the 27 member states of the European Union plus …
Comparing The Approaches Of The Presidential Candidates, Pierre-Richard Prosper, William W. Burke-White
Comparing The Approaches Of The Presidential Candidates, Pierre-Richard Prosper, William W. Burke-White
All Faculty Scholarship
This is a panel discussion between Pierre Prosper, attorney at Arent Fox LLP and William Burke White, Deputy Dean at the University of Pennsylvania School of Law, comparing the approaches and priorities of U.S. presidential candidates Barack Obama and Mitt Romney regarding foreign policy.
Liberalism And Postliberalism In Bolivarian Venezuela, Tony Petros Spanakos
Liberalism And Postliberalism In Bolivarian Venezuela, Tony Petros Spanakos
Department of Political Science and Law Faculty Scholarship and Creative Works
In the last half-decade, the “rise of the left” in Latin America has been studied extensively by many scholars. Whether framed as one, two, or many lefts, its various party leaders have been vocal in opposition to neoliberalism, although the orientation of their policies and governments toward neoliberalism has been mixed (Panizza 2009). The most influential and visible case of an anti-neoliberal government is that of Venezuelan president Hugo Chávez Frías.
The five books reviewed here, drawing on research on Venezuela, share a common scholarly interest in liberalism, pluralism, and account- ability, although some defend liberalism (Brewer-Carías, Corrales and Penfold), …
Learning From Brazil And India: The Difference That Inclusion Policies Can Make, Bernd Reiter
Learning From Brazil And India: The Difference That Inclusion Policies Can Make, Bernd Reiter
Government and International Affairs Faculty Publications
No abstract provided.
محاسن دستور مكتوب من وراء ستار الجهل, Ahmed Souaiaia
محاسن دستور مكتوب من وراء ستار الجهل, Ahmed Souaiaia
Ahmed E SOUAIAIA
No abstract provided.
Renewable Energy Storage Systems, Kyle Herman
Renewable Energy Storage Systems, Kyle Herman
Dr. Kyle S. Herman
This paper investigates various storage options for renewable energy, in an attempt to deter the insidious effect of the common notion that renewable energy is intermittent and thus cannot compete with fossil fuel or conventional energies, the object of this paper is to reveal a few basic storage options for renewable energy which are already widely deployed.
Farming Alone? What’S Up With The ‘‘C’’ In Community Supported Agriculture, Antoinette Pole, Margaret Gray
Farming Alone? What’S Up With The ‘‘C’’ In Community Supported Agriculture, Antoinette Pole, Margaret Gray
Department of Political Science and Law Faculty Scholarship and Creative Works
This study reconsiders the purported benefits of community found in Community Supported Agriculture (CSA). Using an online survey of members who belong to CSAs in New York, between November and December 2010, we assess members’ reasons for joining a CSA, and their perceptions of community within their CSA and beyond. A total of 565 CSA members responded to the survey. Results show an overwhelming majority of members joined their CSA for fresh, local, organic produce, while few respondents joined their CSA to build community, meet like-minded individuals or share financial risk with farmers. Members reported that they do not derive …
Los Acuerdos De Libre Comercio Norte-Sur Desde La Perspectiva Del Análisis Económico Del Derecho De Los Contratos, Iván A. Rojas V, José Manuel Alvarez
Los Acuerdos De Libre Comercio Norte-Sur Desde La Perspectiva Del Análisis Económico Del Derecho De Los Contratos, Iván A. Rojas V, José Manuel Alvarez
Iván Rojas V
June Roundtable: International Criminal Court, Peace, And Justice, Introduction, Claudia Fuentes Julio
June Roundtable: International Criminal Court, Peace, And Justice, Introduction, Claudia Fuentes Julio
Human Rights & Human Welfare
An annotation of:
“Peace Must Not Be the Victim of International Justice” New York Times. March 16, 2012.
From Retribution To Reconciliation, From Spoiler To Peace Envoy, Christine Bell
From Retribution To Reconciliation, From Spoiler To Peace Envoy, Christine Bell
Human Rights & Human Welfare
Is there a tension between justice and peace? That debate I leave to my co-panelists, because the most interesting and important thing about this month's centerpiece, without a doubt, is not its well-judged (if slightly ill-informed) take on the ICC, but the name of the author at its end.
“Slippery Slopes: On Why We Need The Icc”, Matthew S. Weinert
“Slippery Slopes: On Why We Need The Icc”, Matthew S. Weinert
Human Rights & Human Welfare
Peace, reconciliation, and restorative justice: these are the albatrosses that international criminal law (ICL) must (unfairly) bear. Ian Paisley, MP from Northern Ireland and former United Nations and European Union peace envoy, echoes in a New York Times op-ed contribution the aspirations heaped onto the International Criminal Court (ICC). In March, the ICC convicted Thomas Lubanga for war crimes and the conscription of children as soldiers; justice has been done, Paisley claims. Yet the ICC was "intended as an instrument of peace," and "there is no peace" in the Democratic Republic of the Congo (DRC). On this ground he concludes, …
“Seeking Justice, Strategically”, Joel R. Pruce
“Seeking Justice, Strategically”, Joel R. Pruce
Human Rights & Human Welfare
In his opinion piece, Ian Paisley takes to task the International Criminal Court (ICC) for, as he sees it, intervening in domestic processes of reconciliation at the expense of long-term prospects for peace. The "peace versus justice" paradox is not a new one and Paisley expresses a common criticism of justice mechanisms as disruptive of post-conflict, societal healing and the overwhelming hurdle of governing in the aftermath of violence. Missing from his analysis is a broader understanding of trends in international justice and accountability, of which the ICC is only one component. While the ICC is certainly not immune from …
Carl Schmitt's Critique Of Liberalism And The European Union, Kyle S. Herman
Carl Schmitt's Critique Of Liberalism And The European Union, Kyle S. Herman
Dr. Kyle S. Herman
I invoke Carl Schmitt's Critique of Liberalism outlined in "The Concept of the Political" to better understand the European Union (EU) as a governmental institution. It is my contention that the EU is a liberal institution, with the sole intent to drive economic policy while ignoring identity, similar to what Schmitt rails against in his critique of liberalism. For that reason I demonstrate how the EU fits well into the mold Schmitt laid out to identify liberal politics. Therefore I use Schmitt's critique as both a starting point for defining the European Union and, by superimposing his critique onto the …
The Trans-Pacific Partnership And Japanese Politics, Eliot Francis Watson
The Trans-Pacific Partnership And Japanese Politics, Eliot Francis Watson
Chancellor’s Honors Program Projects
No abstract provided.
Tributação E Desenvolvimento Na China: Transição E Ajustes Para Um Sistema Compatível Com Os Signatários Da Omc, Ivo T. Gico Jr., Marcos Aurélio P. Valadão, Wilson Almeida
Tributação E Desenvolvimento Na China: Transição E Ajustes Para Um Sistema Compatível Com Os Signatários Da Omc, Ivo T. Gico Jr., Marcos Aurélio P. Valadão, Wilson Almeida
Ivo Teixeira Gico Jr.
Nos últimos 60 anos, o mundo testemunhou uma verdadeira revolução à medida que a China, que corresponde a aproximadamente um quinto da população mundial, deu uma guinada de uma economia comunista na direção de uma economia de mercado, embora com forte controle e intervenção estatal, e, com isso, alcançou um desenvolvimento inédito em sua longa história. A forma como a China tem lidado com a tributação de sua economia tem um papel relevante nessa história.
A Legal Interpretation Of North Korea’S Nuclear Program, Justin Farber
A Legal Interpretation Of North Korea’S Nuclear Program, Justin Farber
Global Tides
This paper analyzes the North Korean nuclear situation in a legal framework while assessing potential policy options for the international community. The recent change in North Korean leadership leaves spectators in question as to the new dictator’s agenda and goals. Reviewing the history of the state’s nuclear program in regard to international treaty law is fruitful in gauging how, if at all, law limits the state’s behavior. The introduction briefly explores the history of the situation before advancing into the paper’s four sub-sections. The first sub-section assesses the requirements set out by the IAEA Statute and the NPT and North …
Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana
Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana
Cornell Law Faculty Publications
No abstract provided.
Libya: A Multilateral Constitutional Moment?, Catherine Powell
Libya: A Multilateral Constitutional Moment?, Catherine Powell
Georgetown Law Faculty Publications and Other Works
The Libya intervention of 2011 marked the first time that the UN Security Council invoked the “responsibility to protect” principle (RtoP) to authorize use of force by UN member states. In this comment the author argues that the Security Council’s invocation of RtoP in the midst of the Libyan crisis significantly deepens the broader, ongoing transformation in the international law system’s approach to sovereignty and civilian protection. This transformation away from the traditional Westphalian notion of sovereignty has been unfolding for decades, but the Libyan case represents a further normative shift from sovereignty as a right to sovereignty as a …