Law Commons^™

Minimum Exchange Rate And A Negative Interest Rate: The Swiss National Bank’S Unconventional Monetary Policy During Eurozone Volatility, Wally Bargeron

Independent Study Project (ISP) Collection

Monetary policy is one of the most important tools that a government has to influence its economy. This means the ability for a country to determine their own monetary policy is important to that country’s autonomy. Switzerland has consistently based its decisions on what would afford it the highest level of autonomy, including the decision not to join the European Union and subsequently the decision to retain their own currency.

The Swiss National Bank retains the mandate to keep price levels (inflation) stable, but it is challenged by an appreciating currency. Because the Swiss Franc is a safe-haven currency, money …

La Significancia De La Instalación De Oficinas De Género Para Estudiantes Universitarias Lgbtq+ En Chile, Lori Hashasian

Independent Study Project (ISP) Collection

This investigation explores the significance that offices of gender have for queer university students in Chile. It is based on the historical Mayo Feminista protests and the resulting passage of Ley 21.369, which aims to regulate sexual assault, gender violence, and gender discrimination in higher education. This law mandates Chilean universities to have offices of gender specifically dedicated to meeting these goals. This study draws on interviews to learn from the lived experiences of queer university students and directors of the offices of gender. It concentrates on two universities in Valparaíso, Chile: la Universidad Técnica Federico Santa María and la …

La Curp No Sirve Para Nada: How The Curp And Other Temporary Documentation Fail To Protect The Human Rights Of Migrants In Transit Through Mexico, Harper Hoover

Independent Study Project (ISP) Collection

This work concerns the use of temporary documentation by migrants in transit through Mexico, specifically an identification known as the Clave Única de Registro de Población (CURP.) In recent years, migrants have employed a strategy entailing applying for asylum in Mexico solely to obtain a temporary CURP, falsely believed to provide safe transit through Mexico. Past research on similar temporary documentation concludes that issuing permission to travel through the country is typically ineffective at providing safety from corruption and crime. Documentation also fails at providing reliable access to human rights guaranteed to all by the Mexican Constitution and Immigration Law …

A Reflection Of Change: Evolutions In International Water Law Principles Through The Lens Of Euphrates-Tigris Dispute, Maeve Sullivan

Independent Study Project (ISP) Collection

As climate change intensifies, water scarcity will increase. Coupled with a growing global population, water security is a major modern challenge. To bring stability to international watercourses, states must establish effective sharing agreements. On this matter, international water law can help. International water law captures some of the major principles and considerations that states must account for while considering issues related to water security. This paper uses primary interviews and secondary sources to identify some of the major characteristics, features, and developments in international law to develop a conceptual framework for the topic. It then moves into a case study …

Judicial Off-Bench Resistance In Post-Revolution Tunisia, Farah Tolu-Honary

Independent Study Project (ISP) Collection

Since the populist Kaid Said has risen to the office of the presidency in Tunisia, the country has been experiencing its largest threat to its hard-fought democracy since the 2011 Revolution. In this paper, I argue that Tunisian judges have utilized off-bench resistance tactics to protect their own autonomy from executive encroachment. I find that judges’ strikes are the dominant form of off-bench resistance. I explain this by looking at the relationships that judges’ unions maintain with other civil society organizations and unions, particularly the UGTT. I argue that the post-revolutionary environment, the strong union culture in Tunisia, and the …

An Analysis Of Factors In The Policymaking Process That Enabled Prison Sentence Decreases Through The 2022 Organic Law Of Comprehensive Guarantee Of Sexual Freedom/La Ley Del Solo Sí Es Sí In Spain, Cambron Wade

Independent Study Project (ISP) Collection

To follow through on their ratification of the Istanbul Convention and public outcry after La Manada case, the Spanish Government passed the Organic Law of Comprehensive Guarantee of Sexual Freedom, also known as the law of only yes is yes (or la ley del solo sí es sí) - which came into effect on October 7, 2022. This law changed the Criminal Code by removing the distinction between sexual assault and sexual abuse, which previously caused victims to endure the difficult process of proving that there was violence and intimidation. By moving all sexual acts without consent under the category …

Existir Y Sobrevivir: El Prejuicio Que Enfrentan Los Inmigrantes Venezolanos En La Quinta Región De Chile., Daisy Alcantar

Independent Study Project (ISP) Collection

This investigation looks at determining the institutional prejudice that Venezuelan immigrants face while being in Chile, specifically in Valparaíso and Viña del Mar. Immigration is not a new concept in Chile but in recent years the great influx of Latin American immigrants, including Venezuelan immigrants, has seen a great backlash from the Chilean government and society. This is largely due to the white and European values that have been integrated into Chilean society. Therefore, driven by colonialist and nationalist views, Venezuelan immigrants are deemed as the “other” and have become criminalized and stigmatized by Chilean society. Ultimately leading the Venezuelan …

Eu Migration Policy: Analyzing The Coercive Responses Of Transit Countries Within The Eu’S Framework Of Externalization, Emily Swan

Independent Study Project (ISP) Collection

This paper seeks to analyze the intersection between the EU’s increasingly securitized and externalized policies towards migration, and instances of the weaponization of migration on the EU’s external borders. Although scholars have analyzed cases in which states harness migrants as political weapons, depoliticized most depictions apply a moralistic lens that frames these cases as aberrant, decontextualized, and political events. This paper will complicate understandings of the weaponization of migration by analyzing how EU policies of externalization and securitization systematically shape the environment in which it becomes politically advantageous for leaders, such as Recep Tayyip Erdoğan and Alexander Lukashenko, to resort …

Poland And The Ukraine War: A Geopolitical Analysis, Thomas Pitney

Independent Study Project (ISP) Collection

Poland’s geopolitical role has enhanced since Russia’s invasion of Ukraine on February 24, 2022. As such, Poland’s ambitions have increasingly important implications for regional, European, and global security. The paper attempts to address this phenomenon by posing the following research question: how does Poland pursue its interests in the Ukraine War? Employing qualitative methods on data collected from three formal interviews, one virtual interview, one informal interview, four statements from Poland’s leaders, and a variety of secondary sources, the study aims to answer this question modeling Gyula Csurgai’s (2019) geopolitical analysis framework. The research question is addressed in two ways. …

Vox And Spanish Nationalism: The Constitutional Processes For The Elimination Of Regional Autonomy, Noah Halterman-Mitchell

Independent Study Project (ISP) Collection

After the death of Francisco Franco and the creation of the modern Spanish State, hard-core right-wing Spanish nationalism disappeared from the political spectrum. Spain and Portugal avoided the lure of far right-wing political tendencies to which the rest of Europe fell victim. Until recently, VOX, a far right-wing party, gained seats in Parliaments at the Autonomous Community level and in the Spanish National Parliament.

VOX believes in a mono-national state, a Spanish State, rather than a state composed of different nationalities such as Basque, Catalan, or Galician. In order to achieve their desired vision of the Spanish State, VOX advocates …

A Destabilized World: The Effects Of Climate Change On Armed Conflict And International Humanitarian Law, Chase Doctor

Independent Study Project (ISP) Collection

The effects of climate change are becoming more pronounced, and they will have an increasingly destabilizing effect on societies around the globe. This research paper utilizes primary source material (e.g. interviews with field experts) and secondary source material to analyze the relationship between climate change and armed conflict, and the response of international humanitarian law. The consequences of climate change, like changing weather patterns, will increase global migration and strain the resources of host communities. This phenomenon, in addition to other climate-induced factors, may increase the likelihood of armed conflict breaking out. The case studies of the Darfur conflict in …

The Contradictions Of Sought Safe Havens: The Difficulty Of Immigration And Integration For Muslim Maghrébins In France, Serena Korkmaz

Independent Study Project (ISP) Collection

The purpose of this paper is to examine the effects of laïcité and government trends to the right in France affect immigration and integration policy in France as it pertains to Muslim Maghrébin migrants. To do so, I conducted interviews with five experts with experience in some facet of Muslim North African migration, followed by using secondary sources to identify current trends, policies, and practices pertaining to migrants in France. The paper is broken into five sections that build on each other to contextualize and explore how the lives of Muslim Maghrébins are affected, including historical migrant trends, laïcité as …

Ley N° 26.160: Su Implementación Y Efectos En La Lucha Por La Recuperación Territorial Mapuche En Las Provincias De Neuquén Y Río Negro (2006 - Presente), Noura Lamb

Independent Study Project (ISP) Collection

En 2006, la Ley de Emergencia Indígena, Ley N° 26.160, fue aprobado por el Congreso de la Nación de Argentina para detener los desalojos de las comunidades indígenas y crear relevamientos técnicos-jurídicos-catastrales a través del Instituto Nacional de Asuntos Indígenas (INAI). La implementación de esta ley ha variado entre provincias ya que depende del sistema gobierno provincial para su realización, y como resultado de la falta de finalización del relevamiento, se ha extendido 4 veces. Este proyecto utiliza un análisis de documentos públicos, informes, medios de comunicación y entrevistas personales para investigar cómo la implementación de la ley difiere entre …

How Survivors Of Domestic Violence Seek Legal And Social Support Against Their Abusers In Ahmednagar District Of Maharashtra State In India: An Exploratory Study, Jonathan Israel

Independent Study Project (ISP) Collection

This exploratory study sought to gather detailed information about women’s experiences surviving and rehabilitating from domestic violence. This information was used to identify factors that encourage survivors to stay in their relationships and factors that enable them to seek legal and social support against their abusive partners. Qualitative data was gathered through a series of in-depth interviews and panel discussions with survivors of domestic violence in Ahmednagar, Maharashtra (India). This data was analyzed with guidance from Indian feminist theory, local professionals, and contributing research mentors. Further examination of national survey data, past research on domestic violence in Indian contexts, and …

Abandonados Por Los Estados Unidos: Migrantes Venezolanos Llenan Los Vacíos En La Comunicación De La Política Migratoria, Ingrid Piña

Independent Study Project (ISP) Collection

El 12 de octubre de 2022, los Estados Unidos (los EE. UU.) cambió la política migratoria respecto a los inmigrantes venezolanos, sin previo aviso. “El nuevo proceso de control migratorio” extendió a los venezolanos la orden de salud pública debido al COVID-19, “Título 42,” que expulsa migrantes por cruzar la frontera y niega el derecho humano de solicitar asilo, y el programa humanitario“Uniting for Ukraine” por cuál han entrado refugiados de Ucrania desde abril de 2022. Efectivo inmediatamente, la nueva política puso en riesgo a los migrantes venezolanos ya en camino a los EE. UU. Entre los migrantes recientemente expulsados …

Irregular Migration In Morocco: A Case For Constructionism, Mourad Khalil

Independent Study Project (ISP) Collection

Separated by only 14 kilometers of water from Spain, Morocco has become a common destination for many sub-Saharan irregular migrants trying to reach Europe. With a large population of these migrants, Morocco has had to make important decisions on how to manage its irregular migrant population. However, the terrible conditions and regular violations of human rights that irregular migrants in Morocco are subject to lead one to ponder the role that international relations has and the extent to which human rights is a consideration in the policymaking of irregular migration. Applied to the three primary theories of international relations, liberalism, …

La Crisis Carcelaria En El Ecuador: Las Causas, Manifestaciones Y Algunas Recomendaciones, Ava Lausch

Independent Study Project (ISP) Collection

Esta monografía trata de la crisis carcelaria en Ecuador. Empieza con las causas multidimensionales de la crisis y las maneras en cómo se manifiesta. La próxima sección explica la narrativa del gobierno versus lo que realmente está haciendo y la política pública relacionada con el sistema penitenciario. La tercera sección tiene que ver con soluciones y recomendaciones por la crisis. Finalmente, hay una sección sobre la aplicación e importancia de la justicia restaurativa como una alternativa a la privación de la libertad. Para conseguir la información incluida, realice una revisión de fuentes secundarias e hice entrevistas con los varios funcionarios …

Domesticated: Migrant Domestic Workers In Jordan And Their Place In Jordan’S Law And Homes, Jeromel Dela Rosa Lara

Independent Study Project (ISP) Collection

The purpose of this study is to bring attention to the labor conditions for migrant women domestic workers and what agency they have in the workplace (the home of their employers) and the law in Jordan. Jordan is considered as having a model labor law for migrant workers in the region. Officials from the Ministry of Labor have claimed that this makes the Kafala System––a system of labor that puts migrant workers under the care, standards, and control of the employer––non-existent in the country. This study will look further on the extent that this is reflected to the experiences of …

The Future Of Multinational Accountability Within The Environmental Policy Nexus, Lauren Beasley

Independent Study Project (ISP) Collection

The purpose of this paper is to examine current international environmental policy shortcomings regarding multinational accountability, explore future legally binding options, and offer a resolution towards effective accountability mechanisms. To do so, it uses a two-part methodology composed of a comprehensive engagement with existing secondary sources from the academic literature and four interviews with experts in the field. The paper builds out considerations in seven key areas for normative consideration regarding the future of legally binding environmental policy. These considerations are hard law considerations in: International Law, International Human rights law, International Humanitarian Law, and International Environmental Law and procedural …

Unofficial Torturers And Helpless Victims: Applying The Convention Against Torture To Organized Criminal Groups, Emmanuel Orozco Castellanos

Independent Study Project (ISP) Collection

Since its inception, the United Nations Convention Against Torture (UNCAT) conceived torture as a state crime. The Convention established a so-called “state-nexus” that effectively excludes torture committed by non-state actors. The Committee Against Torture as well as the world’s major anti-torture NGOs have almost exclusively focused on ill-treatment perpetrated by state entities. Yet, there have been efforts to extend the definition to private actors, including the “de facto authority” approach, and the due diligence doctrine. This article explores the effectiveness of these efforts to expand the scope of the UNCAT when applied to organized criminal organization such as gangs and …

The Current Status Of Women In Morocco And How It Can Be Improved, Amanda Maia

Independent Study Project (ISP) Collection

My paper will explore the conditions of gender minorities in Morocco through representation, NGOs, social structures, and resources therein to support the progress of acquiring more rights for these demographics. With an emphasis on the status of women in Morocco. My main questions as it stands are: What are the living conditions for women in Morocco and how can they be improved? What progress has been and still can be made to improve the quality of life and foster joy for these demographics in Morocco? Since the 1990s, there has been significant progress in Morocco to improve Family Law and …

Lessons Learned From The Hiv/Aids Pandemic And Access To Medicines For Covid-19 Treatment, Thalia Le

Independent Study Project (ISP) Collection

There is an imminent need to address the healthcare disparities in accessing all COVID-19 medicinal products in developing countries. While logistical issues like inadequate production facilities such as the lack of vaccines administration capacity, storage issues, gap between supply and demand as well as vaccine hesitancy can certainly play a part in impeding COVID19 medicines distribution, patent monopolies and intellectual property protection laws further exacerbated the problem, especially when vaccines were at its early stages of authorization. Historical and contemporary case studies of efforts to challenge patents on HIV AVRs treatment provide a useful lens through which we may glean …

Through The Eyes Of Lawyers And Advocates: Navigating The Court System For Women Impacted By Domestic Violence In Morocco, Emily Atieh

Independent Study Project (ISP) Collection

How do Moroccan women impacted by domestic violence navigate criminal legal systems in Morocco? Is the progressive family law present in Morocco due to recent reforms fully implemented in court systems? How can systems be improved to better support women impacted by violence? This study originally sought to answer these questions by surveying lawyers at NGOs in the Rabat area who act as advocates for women impacted by domestic violence. As a result of their expansive knowledge of criminal legal systems and experiences aiding hundreds of women, lawyers are in a unique position to critique the criminal legal system and …

The Labyrinth Of Data Collection For Humanitarian Project Funding And Implementation, Maria Alejandra Pulido

Independent Study Project (ISP) Collection

My research concentrates on four NGOs: IOM, IDMC, JIPS, and OCHA which use different tools to collect data and translate the information into evidence for data-driven decision making (DDDM) for the implementation of humanitarian assistance projects. I focus on the importance, advantages, and various data collection tools which help ameliorate the humanitarian sector since it does not have a current professionalized path to enter the workforce. I incorporated four interviews, attended two conferences and analyzed multiple online sources during my project.

Discontinuity Between Religion, Law, And Society Through Animal Treatment In Morocco, Michael Altman

Independent Study Project (ISP) Collection

Animal treatment is a topic which is covered by many facets of what helps create the guiding principles for humans, yet all in different ways; there is some overlap, and there is some distinction. From my three months of study in Rabat, Morocco, seeing how each person approaches the homeless animal differently, I write on how three important overarching areas: religious, legal, and societal, discuss how animals should be treated.

In this paper, I will be analyzing religious texts, legal writings both in place and in draft, and will rely on external works written animal markets and on the school …

Analyzing The Social Impact Of Gacaca Courts In The Reconciliation Process In Rwanda, Mary Thibodeau

Independent Study Project (ISP) Collection

Restorative justice is often misunderstood by Western academia in the context of community-based justice systems in African nations. The Gacaca courts used in Rwanda after the 1994 genocide against the Tutsi are frequently criticized for their procedures and outcomes. However, a majority of these criticisms come from Western authors without having engaged in conversations with Rwandans and observing the effects of the trials within the nation. The only people who know and understand the impact of the Gacaca courts are Rwandans. I have been researching how the Gacaca trials contributed to homegrown solutions and their impact within communities in Rwanda …

The Political Development Of Capital Punishment In The Modern Moroccan State, Mia Barr

Independent Study Project (ISP) Collection

The modern Moroccan state seen today is very young. Having only been independent from France since 1956, the country has spent the last sixty-four years crafting its post-colonial statehood. What has emerged is a hybrid political system with powers split, however unequally, between the King and his inner circle, known as the makhzen, and the Parliament. Not only is the monarchy constitutional—meaning that its legitimacy is literally written into the primary governing document of Morocco, which had its last referendum in 2011—but it is also self-sustaining and self-legitimizing, for the monarchy uses its constitutional powers to grant itself further powers …

Understandings Of Sexual Consent Among Male And Female Zulu South Africans In Masxha, Kwazulu-Natal, Larkin Levine

Independent Study Project (ISP) Collection

Though South Africa has an astonishingly high rate of rape and sexual violence, little research has been conducted on understandings of sexual consent outside of the context of rape and sexual violence in different South African communities. Instead, research has focused on understandings and perceptions of rape and sexual violence alone, ignoring the importance of understanding how individuals approach consent in healthy sexual relationships.

Through conducting semi-structured interviews with sixteen Zulu males and females of different ages, all of whom are residents of Masxha, I hoped to learn how these individuals understand sexual consent and how consent is requested, given, …

Covid 19 In U.S. Migrant Detention Centers: The Call For Freedom In The Face Of A Global Pandemic, Salma Rojas

Independent Study Project (ISP) Collection

My research paper investigates the responses of the U.S. immigration detention system to the COVID 19 pandemic and determines the capacity of the detention centers to keep detained individuals alive and healthy. As I analyze their capacities, I look to past detention center outbreaks, updated public health resources, reports on ICE facility conditions and the testimonies of migrant people who were detained during the COVID 19 crisis. The urgency of the COVID 19 pandemic is why I dedicate part of my paper to what needs to be done to prevent the situation from worsening. In drawing from these various sources, …

Indigenous Communities Versus Oil Companies: Identifying Trends In Tactics And Success Of Indigenous-Led Anti-Petroleum Movements In The Ecuadorian Amazon, Ella V. H. Carlson

Independent Study Project (ISP) Collection

In roughly the last 50 years, the Ecuadorian Amazon has become the epicenter of petroleum production in Ecuador. As oil companies attempt to exploit more and more of the rainforest, they have encroached on indigenous lands, leading to violations of indigenous rights through environmental destruction. As their territories have been invaded, indigenous groups throughout the Amazon have formed movements large and small in resistance to petroleum activities. Scholars have studied select campaigns in the past, but the literature lacks a comparative review of the characteristics of those movements. This paper compiles histories of seven campaigns against petroleum in the Ecuadorian …