Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 9 of 9
Full-Text Articles in Law
International Cultural Property Protection And Law: Ukraine And Beyond, Susanna Helms
International Cultural Property Protection And Law: Ukraine And Beyond, Susanna Helms
Undergraduate Honors Theses
This project examines the ongoing destruction and theft of Ukrainian cultural heritage by Russian forces since February 2022 in tandem with international cultural property law, and theory, and case studies. By studying relevant cultural property laws and gathering information from associated theories of cultural property nationalism and internationalism, this project examines how these laws and theories apply to modern Ukraine. This thesis utilizes a qualitative approach to analyze theories surrounding cultural property and heritage and explores how these theories influence international law. For a more comprehensive approach, three case studies are used and examined via qualitative historical analysis: Nazi art …
Ukraine’S Quest For Justice: Accountability For Atrocities Committed In The Russia-Ukraine War, Tetiana Karpus
Ukraine’S Quest For Justice: Accountability For Atrocities Committed In The Russia-Ukraine War, Tetiana Karpus
Dissertations and Theses
The Russian Federation's full-scale military invasion of Ukraine on February 24, 2022, has been marked by numerous documented atrocities, potentially falling under the categories of war crimes and crimes against humanity. This thesis aims to explore whether these apparent human rights and humanitarian law violations merit international prosecution. It also assesses the suitability and feasibility of various mechanisms, such as establishing national courts, "internationalized" or "hybrid" tribunals, or resorting to the International Criminal Court (ICC), drawing insights from past experiences in transitional and retributive justice.
The Violence In Our Humanity: Principles, Action, And The Erosion Of State Sovereignty, Rasheed Idou
The Violence In Our Humanity: Principles, Action, And The Erosion Of State Sovereignty, Rasheed Idou
Theses and Dissertations
The past two decades have witnessed an increasing number of armed conflicts, both inter- and intra-nationally, and an even more increasing number of multilateral military interventions without UN Security Council authorization. Central to the discussion of these interventions are the themes of humanitarianism and state sovereignty. The aim of this thesis is to investigate the relationship between humanitarian imperatives and principles of sovereignty within the context of armed conflict to better understand the tensions that have led to the current global outcomes. In so doing, it identifies how humanitarian principles, imperatives, and actions have affected the contemporary conception of state …
Social Contract Theory And Transitional Justice: A Philosophical Approach To A Problem Of Global Importance, Brendan Moriarty
Social Contract Theory And Transitional Justice: A Philosophical Approach To A Problem Of Global Importance, Brendan Moriarty
Dissertations, Theses, and Capstone Projects
In this thesis, I seek to bring together two areas of scholarly work to see how each can inform the other: social contract theory and transitional justice. The social contract, as it exists and as it was theorized about by Rousseau, was born from the world-historic forces that spread capitalism across the globe, stirring up nationalism everywhere it went. In its wake, there was vast inequality and new legal regimes which protected the hoarded wealth of the capitalist class by enshrining the right of private property along with life and liberty. To examine the intricacies of transitional justice and its …
Environment, States, And International Organizations: The Role Of Global Environmental Conventions In Protecting The Environment, Natalia Escobar Pemberthy
Environment, States, And International Organizations: The Role Of Global Environmental Conventions In Protecting The Environment, Natalia Escobar Pemberthy
Graduate Doctoral Dissertations
Global environmental conventions are created to address and resolve global environmental problems. Assessments of the achievement of specific environmental goals, however, indicate that there is room for progress and that stronger collective action is required. Given that there are no empirical instruments to measure implementation and to determine the factors behind individual countries’ results, challenges emerge that require the expansion of existing analytical frameworks around environmental conventions and their role as global governance instruments. This study develops an empirical instrument – the Environmental Conventions Index – to assess the implementation of global environmental conventions, determining the main trends for both …
No Lost Generations: Refugee Children And Their Human Right To Education, From The Holocaust To The Syrian Civil War, Jessica Warner
No Lost Generations: Refugee Children And Their Human Right To Education, From The Holocaust To The Syrian Civil War, Jessica Warner
MAIS Projects and Theses
International law protects the right to education for refugee children, as is stated in multiple treaties and documents, such as the Universal Declaration of Human Rights (1948), the Convention Relating to the Status of Refugees (1951), the International Covenant on Economic, Social, and Cultural Rights (1966), and the Convention on the Rights of the Child (1990). The purpose of this research is to highlight the historical development of education for refugee children, through programs led by Intergovernmental Organizations (IGOs), as well as to emphasize the importance of education as part of current humanitarian interventions. This thesis examines a past example …
The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna
Master's Theses
Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21st century and it affects everyone. By using …
Aiding And Abetting: The Illegality Of Morocco's Nationalist Expansion Into Western Sahara And Their Support From The United States, Rachid H. Yousfi
Aiding And Abetting: The Illegality Of Morocco's Nationalist Expansion Into Western Sahara And Their Support From The United States, Rachid H. Yousfi
Master's Theses
This paper will address the illegality of Morocco’s nationalist annexation of Western Sahara and how the United States plays the accommodating role through the selling of arms, economic aid, and diplomatic support. Considered as Africa’s last colony, the Saharawi people have not experienced the basic human right to self-determination and the right for independence. These rights are continued to be withheld for the sake of Moroccan nationalism and their “rightful and ethnic” claims to the territory, disregarding the International Court of Justice (ICJ)’s advisory opinion ruling in favor of Saharawi self-determination. It explores the chronology of the Saharawi population from …
Key Ingredients In The Rule Of Law Recipe: The Role Of Judicial Independence In The Effective Establishment Of The Rule Of Law, Lauren A. Shumate
Key Ingredients In The Rule Of Law Recipe: The Role Of Judicial Independence In The Effective Establishment Of The Rule Of Law, Lauren A. Shumate
USF Tampa Graduate Theses and Dissertations
In recent decades, countries around the globe have engaged in rule of law and judicial reform initiatives, with such efforts being most prominent in transitional democracies, post-conflict and post-communist countries. Despite the fact that the concepts of judicial independence and the rule of law continue to be contested among political and legal scholars, popular wisdom and belief in the international community suggests that an independent judiciary is the cornerstone of a democratic, market-based society based on the rule of law. However, the disagreement over the extent to which an independent judiciary effects the establishment of the rule of law has …