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Full-Text Articles in Law

Geopolitics Of Rare Earth Elements, Bert Chapman Oct 2017

Geopolitics Of Rare Earth Elements, Bert Chapman

Libraries Faculty and Staff Presentations

Rare earth elements (REE) contain unique chemical physical properties such as lanthamum, are found in small concentrations, need extensive precise properties to separate, and are critical components of modern technologies such as laser guidance systems, personal electronics such as IPhones, satellites, and military weapons systems as varied as Virginia-class fast attack submarines, DDG-51 Aegis destroyers, the F-35 Joint Strike Fighter, and precision guided munitions. The U.S. has some rare earth resources, but is heavily dependent on access to them from countries as varied as Afghanistan, Bolivia, and China. Losing access to these resources would have significant adverse economic, military, and …


Academic Freedom As A Human Right: The Problem Of Confucius Institutes, Jay Todd Richey Jun 2017

Academic Freedom As A Human Right: The Problem Of Confucius Institutes, Jay Todd Richey

Mahurin Honors College Capstone Experience/Thesis Projects

Academic freedom is the ability to explore, research, and analyze any topic without prohibitions or repercussions. In the Anglo-American tradition, it is both a fundamental aspect of academia and, as this thesis argues, a fundamental human right. Although the United States embraces this core principle of academia within American universities, the People’s Republic of China (PRC) seeks to suppress the acquisition of knowledge through restrictions on topics deemed politically-sensitive to the Chinese government. Although human rights abuses pervade the PRC and academic freedom is suppressed, PRC-funded entities known as Confucius Institutes (CIs) are widely embraced at universities in liberal democracies. …


The Law Of The Sea Convention And Sea Level Rise In The Light Of The South China Sea Arbitration, Stuart B. Kaye Jan 2017

The Law Of The Sea Convention And Sea Level Rise In The Light Of The South China Sea Arbitration, Stuart B. Kaye

Faculty of Law, Humanities and the Arts - Papers (Archive)

Sea level rise from anthropogenic climate change is an increasing concern for the international community and especially for coastal States. The prospect of whole islands disappearing under rising waters raises serious questions as to the impact upon maritime jurisdiction and the ability of the United Nations Convention on the Law of the Sea to deal with the inundation of large areas of territory. The South China Sea Arbitration Tribunal recently considered these questions. Here, the Tribunal relied on a high standard for what constituted human habitability under Article 121 of the Law of the Sea Convention, which likely will have …


The Arbitral Award In The Matter Of The South China Sea Between The Philippines And China What Are The Implications For Freedom Of Navigation And The Use Of Force?, Cameron Moore Jan 2017

The Arbitral Award In The Matter Of The South China Sea Between The Philippines And China What Are The Implications For Freedom Of Navigation And The Use Of Force?, Cameron Moore

Faculty of Law, Humanities and the Arts - Papers (Archive)

This article considers the implications of the Award for freedom of navigation and the use of force in the South China Sea, identifying the conclusions that can be drawn from the Award and the questions that remain. The Award also indirectly raised the question of the use of force to defend navigational rights. This article therefore revisits the Corfu Channel Case for the light it may shed on the use of force and freedom of navigation in the South China Sea. This leads to questions of the danger of miscalculation and the potential importance of the Code for Unplanned Encounters …