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Articles 1 - 30 of 139
Full-Text Articles in Transnational Law
The Artistry Of Mediation: A Look At Mediation’S Effectiveness For Resolving Cross-Cultural Disputes Through The Leonardo Da Vinci Conflict Between France’S Louvre Museum And Italy’S Uffizi Gallery, Sophia D. Casetta
Pepperdine Journal of Communication Research
Art is powerful, as it symbolizes the history and identity of the country that claims it. However, through timely transitions, such as trade and wars, the ownership of meaningful artworks blurs, with museums fighting to claim their heritage to put on honorable display for their people. Mediation can be a peaceful means to resolve art ownership disputes, as it accounts for respecting the individual cultures of the countries represented in the dispute. Using the key medication traits described within this essay, a prepared mediator involved in such a cross-cultural conflict should be able to help resolve the issue at hand. …
The Runaway Presidential Power Over Diplomacy, Jean Galbraith
The Runaway Presidential Power Over Diplomacy, Jean Galbraith
All Faculty Scholarship
The President claims exclusive control over diplomacy within our constitutional system. Relying on this claim, executive branch lawyers repeatedly reject congressional mandates regarding international engagement. In their view, Congress cannot specify what the policy of the United States is with respect to foreign corruption, cannot bar a technology-focused agency from communicating with China, cannot impose notice requirements for withdrawal from a treaty with Russia, cannot instruct Treasury officials how to vote in the World Bank, and cannot require the disclosure of a trade-related report. And these are just a few of many examples from recent years. The President’s assertedly exclusive …
Undersea Cables: The Ultimate Geopolitical Chokepoint, Bert Chapman
Undersea Cables: The Ultimate Geopolitical Chokepoint, Bert Chapman
FORCES Initiative: Strategy, Security, and Social Systems
This work provides historical and contemporary overviews of this critical geopolitical problem, describes the policy actors addressing this in the U.S. and selected other countries, and provides maps and information on many undersea cable work routes. These cables are chokepoints with one dictionary defining chokepoints as “a strategic narrow route providing passage through or to another region."
An Umbrella Of Autonomy: The Validity Of The Hong Kong Protests, Ciera Lehmann
An Umbrella Of Autonomy: The Validity Of The Hong Kong Protests, Ciera Lehmann
Senior Honors Theses
Hong Kong has been fighting for democracy and to retain its autonomy from China, and the world has been watching. Over time, Hong Kongers have seen Beijing blatantly tighten its grip before time was up for the fifty-year agreement since the handover in 1997. In 2014, and again in 2019, hundreds of thousands of citizens filled the streets to participate in pro-democracy demonstrations with the protests only gaining momentum and influence. While there has mostly been support for Hong Kong’s independence movement, there has been argument that Beijing’s actions are completely justified. Should Hong Kong remain autonomous from China, and …
Urban Warfare: Emerging Geopolitical Conundrum, Bert Chapman
Urban Warfare: Emerging Geopolitical Conundrum, Bert Chapman
Libraries Faculty and Staff Presentations
Urban warfare is as old as human history. It is becoming increasingly important in international political and military planning due to increasing global urbanization and the presence of megacities (urban areas with populations exceeding 10 million) in many global regions and being in areas of recent and potential military conflict. 2018 World Bank data notes that approximately 56% of the world's population lives in urban areas which is up from 34% in 1960. Many of these megacities, including New York City, Los Angeles, Sao Paulo, Mumbai, Shanghai, and Manila are adjacent to oceanic waters and vulnerable to trade and supply …
No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome
No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome
Dermot M Groome
The conduct and quality of investigations pursued by the Office of the Prosecutor of the International Criminal Court have come under increasing scrutiny and criticism from judges on the Court. Criticism is directed at the time and length of investigations; the quality of the evidence advanced in court; the inappropriate delegation of investigative functions, and the failure to interview witnesses in a way that is consistent with the Prosecution’s obligation to conduct investigations fairly under Article 54 of the Rome Statute. This essay explores these criticisms and concludes that the judges are justified in their concerns regarding the Prosecution’s investigative …
Translating Scholarship Into Policy, Scott Sigmund Gartner, Amy C. Gaudion
Translating Scholarship Into Policy, Scott Sigmund Gartner, Amy C. Gaudion
Amy C. Gaudion
There is an ever widening gap between conflict resolution policy makers and scholars—a tragedy given practitioners’ dire need for new ideas to help resolve deadly conflicts and the growing knowledge researchers have to share. Research tends to swing like a pendulum between analytic and rigorous methods and accessible and relevant approaches. We reject this tradeoff. We believe that research can be simultaneously rigorous and relevant, and analytic and accessible. Given the devastating loss of life associated with armed conflict, the need for translating research results into policy prescriptions is especially strong in peacemaking. The goal of this issue of the …
Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes
Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting on compelling …
International Tax Planning As A Business Driver, Robert A. Agresta
International Tax Planning As A Business Driver, Robert A. Agresta
Penn State Journal of Law & International Affairs
No abstract provided.
Fcpa Compliance Should Not 'Cost An Arm And A Leg': Assessing The Potential For Enhanced Cost-Efficiency And Effectiveness For An Anti-Corruption Compliance Program With The Implementation Of An Enterprise Legal Risk Management Framework, Garrick Apollon
Penn State Journal of Law & International Affairs
No abstract provided.
We Don't Need No Education - Is The U.S. At Risk Of Losing Its Clear Edge In Higher Education?, Ann M. Murphy
We Don't Need No Education - Is The U.S. At Risk Of Losing Its Clear Edge In Higher Education?, Ann M. Murphy
Penn State Journal of Law & International Affairs
No abstract provided.
China's Nine Dash Line Claim In Light Of The Ruling By The Permanent Court Of Arbitration (12 July 2016), Ekrem Korkut, Woo Hyun Kang
China's Nine Dash Line Claim In Light Of The Ruling By The Permanent Court Of Arbitration (12 July 2016), Ekrem Korkut, Woo Hyun Kang
Penn State Journal of Law & International Affairs
No abstract provided.
Behavioral Economics In International Investment Law: Bounded Rationality And The Choice Of Reservation List Modality, Tae Jung Park
Behavioral Economics In International Investment Law: Bounded Rationality And The Choice Of Reservation List Modality, Tae Jung Park
Penn State Journal of Law & International Affairs
No abstract provided.
Water As A Human Right: A Case Study Of The Pakistan-India Water Conflict, Waseem Ahmad Qureshi
Water As A Human Right: A Case Study Of The Pakistan-India Water Conflict, Waseem Ahmad Qureshi
Penn State Journal of Law & International Affairs
No abstract provided.
Red Riding Hood - Is Investor-State Arbitration The Big Bad Wolf?, Petra Butler
Red Riding Hood - Is Investor-State Arbitration The Big Bad Wolf?, Petra Butler
Penn State Journal of Law & International Affairs
No abstract provided.
Explaining The Financial Stability Board: Path Dependency And Zealous Regulatory Apprehension, Camilo Soto Crespo
Explaining The Financial Stability Board: Path Dependency And Zealous Regulatory Apprehension, Camilo Soto Crespo
Penn State Journal of Law & International Affairs
No abstract provided.
Bitcoin And The Blockchain As Possible Corporate Governance Tools: Strengths And Weaknesses, Fiammetta S. Piazza
Bitcoin And The Blockchain As Possible Corporate Governance Tools: Strengths And Weaknesses, Fiammetta S. Piazza
Penn State Journal of Law & International Affairs
No abstract provided.
Contemporary Writings In A Global Society: Collected Works
Contemporary Writings In A Global Society: Collected Works
Penn State Journal of Law & International Affairs
No abstract provided.
Adrift At Sea: How The United States Government Is Forgoing The Fourth Amendment In The Prosecution Of Captured Terrorists, Frank Sullivan
Adrift At Sea: How The United States Government Is Forgoing The Fourth Amendment In The Prosecution Of Captured Terrorists, Frank Sullivan
Penn State Journal of Law & International Affairs
No abstract provided.
Air Traffic Control: How Mexican Cartels Are Utilizing Drones To Traffic Narcotics Into The United States, Britton Shields
Air Traffic Control: How Mexican Cartels Are Utilizing Drones To Traffic Narcotics Into The United States, Britton Shields
Penn State Journal of Law & International Affairs
No abstract provided.
Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat
Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat
Penn State Journal of Law & International Affairs
No abstract provided.
The Innocent Combatant: Preserving Their Jus In Bello Protections, Mark "Max" Maxwell, Richard V. Meyer
The Innocent Combatant: Preserving Their Jus In Bello Protections, Mark "Max" Maxwell, Richard V. Meyer
Penn State Journal of Law & International Affairs
No abstract provided.
Maintaining Individual Liability In Aml And Cybersecurity At New York's Financial Institutions, Harry Dixon
Maintaining Individual Liability In Aml And Cybersecurity At New York's Financial Institutions, Harry Dixon
Penn State Journal of Law & International Affairs
No abstract provided.
A Research Agenda To Improve Decision Making In Cyber Security Policy, Benjamin Dean, Rose Mcdermott
A Research Agenda To Improve Decision Making In Cyber Security Policy, Benjamin Dean, Rose Mcdermott
Penn State Journal of Law & International Affairs
No abstract provided.
The Cyber Longbow & Other Information Strategies: U.S. National Security And Cyberspace, Gary D. Brown
The Cyber Longbow & Other Information Strategies: U.S. National Security And Cyberspace, Gary D. Brown
Penn State Journal of Law & International Affairs
No abstract provided.
War In The 21st Century And Collected Works
War In The 21st Century And Collected Works
Penn State Journal of Law & International Affairs
No abstract provided.
The Prudential Carve-Out Clause: Is Risk The New Corrupt Moral?, John Anwesen
The Prudential Carve-Out Clause: Is Risk The New Corrupt Moral?, John Anwesen
Penn State Journal of Law & International Affairs
No abstract provided.
International Legal Instruments And New Judicial Principles For Restitution Of Illegally Exported Cultural Properties, Ho-Young Song
International Legal Instruments And New Judicial Principles For Restitution Of Illegally Exported Cultural Properties, Ho-Young Song
Penn State Journal of Law & International Affairs
No abstract provided.