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Articles 1 - 18 of 18
Full-Text Articles in Social and Behavioral Sciences
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 …
Un País Invertido: The Current Immigration Regime Of Colombia, Magdalena Hendrickson
Un País Invertido: The Current Immigration Regime Of Colombia, Magdalena Hendrickson
Honors Theses
Throughout its turbulent history, Colombia has seen drastic changes in structure and administration. From military coups to shaky coalitions, the country’s infamous instability has long forced its citizens to find better prospects elsewhere. However, with the rise of the Maduro administration in Venezuela, Colombia faced a massive new flow of migrants and was forced to rectify current circumstances without properly addressing its internal issues beforehand. Despite its historical status as a nation of emigrants, Colombia marks a new norm for the rest of the globe. As new issues like climate change and increased armed conflict grow worldwide, countries on the …
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 Complex Landscape Of Lgbtq+ Inclusion Within The Politics Of Africa And The Dynamics Of Anti-Lgbtq+ Laws And Development, Barbara Agyapong
The Complex Landscape Of Lgbtq+ Inclusion Within The Politics Of Africa And The Dynamics Of Anti-Lgbtq+ Laws And Development, Barbara Agyapong
Browse all Theses and Dissertations
The politics of LGBTQ+ inclusion has undergone significant transformations worldwide, reflecting evolving societal attitudes, advancements in human rights, and the increasing global recognition of LGBTQ+ rights. However, the politics of LGBTQ+ inclusion in Africa presents a diverse and intricate landscape, characterized by variations in attitudes, legal frameworks, and societal acceptance across the continent. This study explores the complex and evolving dynamics of Anti-LGBTQ+ laws in Africa, with some countries making strides towards LGBTQ+ inclusion by repealing colonial-era legislation, while others have become more repressive. Notably, countries such as Angola, Cape Verde, Lesotho, Mozambique, Sao Tome and Principe, and Seychelles have …
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 …
Abandoned By Home And Burden Of Host: Evaluating States' Economic Ability And Refugee Acceptance Through Panel Data Analysis, Ummey Hanney Tabassum
Abandoned By Home And Burden Of Host: Evaluating States' Economic Ability And Refugee Acceptance Through Panel Data Analysis, Ummey Hanney Tabassum
Browse all Theses and Dissertations
This research examines the relationship between the number of refugees hosted by states and the economic ability of host states by using UNHCR’s refugee data and World Bank’s GNI per capita data. To identify the relationship between these two variables, this study uses two sets of panel data covering 145-178 countries, around 43-55 years and 3000-5000 observations. For the two sets of panel data, four models are produced to test the null and alternative hypotheses. In all four cases, results show that there is a statistically significant negative correlation between the number of refugees hosted by states and GNI per …
Politics Of International Recognition: The Case Of Aspirant States, Wais Mehrabi
Politics Of International Recognition: The Case Of Aspirant States, Wais Mehrabi
Browse all Theses and Dissertations
Separatist polities that have managed to break away from their parent states and meet the basic criteria for statehood seek other states’ formal recognition to achieve full statehood and membership of the international society. There is no established pattern to explain external recognition of statehood empirically and theoretically. Kosovo declared independence and attained widespread recognition while Somaliland, despite successful separation from Somalia, has not. What factors explain states’ recognition decisions, or the selective conferring of recognition? The existing literature indicates that national interests, domestic politics, systematic level factors, international legal and normative standards, regime type, and identity politics shape recognition …
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 …
Information Operations Under International Law: A Delphi Study Into The Legal Standing Of Cyber Warfare, Kenneth Gualtier
Information Operations Under International Law: A Delphi Study Into The Legal Standing Of Cyber Warfare, Kenneth Gualtier
Walden Dissertations and Doctoral Studies
The ever-growing interconnectivity of industry and infrastructure through cyberspace has increased their vulnerability to cyber attack. The lack of any formal codification of cyber warfare has led to the development of contradictory state practices and disagreement as to the legal standing of cyber warfare, resulting in an increased risk of damage to property and loss of life. Using the just war theory as a foundation, the research questions asked at the point at which cyber attacks meet the definition of use of force or armed attack under international law and what impediments currently exist in the development of legal limitations …
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 …
Raising The Black Flag : State Capacity, Geography, International Law, And The Resurgence Of Maritime Crime, Samuel Richard Rohrer
Raising The Black Flag : State Capacity, Geography, International Law, And The Resurgence Of Maritime Crime, Samuel Richard Rohrer
LSU Doctoral Dissertations
In my dissertation I seek to answer the questions regarding why some coastal populations turn to maritime crime in domestic and international waters, and others do not. In this work I advocate that generalizable geographic, political, and economic conditions can explain a significant portion of maritime crime. Broadly speaking these conditions are classified into geographic opportunity and a political and economic willingness to act. Through a qualitative analysis of historical outbreaks of maritime crime and international law, as well as a quantitative analysis of acts of maritime crime spanning from 1991 through 2007, I find that a global level of …
Accounting For Gender In International Refugee Law: A Close Reading Of The Unhcr Gender Guidelines And The Discursive Construction Of Gender As An Identity, Johanna N. Tvedt
Accounting For Gender In International Refugee Law: A Close Reading Of The Unhcr Gender Guidelines And The Discursive Construction Of Gender As An Identity, Johanna N. Tvedt
Master's Theses
This thesis conducts a close reading of the United Nations High Commissioner for Refugees’ “Guidelines on International Protection: Gender-Related Persecution within the context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees” – a document that explains how legal definitions of refugee status might take into account gender issues. In it, I investigate the relationship between gender identity and the refugee status to understand how gender is constructed in relation to other terms or identity categories that determine whether an individual will be granted asylum. Performing a close reading of this text, …
International Law V. Traditional Norms Community And State Response To Domestic Violence In Bangladesh And Pakistan, Twafiqa Mohinuddin
International Law V. Traditional Norms Community And State Response To Domestic Violence In Bangladesh And Pakistan, Twafiqa Mohinuddin
Dissertations and Theses
This thesis investigates the implementation of international human rights norms and treaty laws regarding domestic violence in Bangladesh and Pakistan and how compliance is hindered by traditional norms, which exist within communities and at the state level. While the focus of this thesis is on Pakistan and Bangladesh, the findings and lessons can be applied to countries who are suffering from patriarchal norms which facilitate domestic violence. Domestic violence is a worldwide epidemic that discriminates against woman regardless of her color, education, or social class. Domestic violence is a form of gender-based violence which exploits and hinders women from enjoying …
The Impact Of Design On The Compliance Of States With International Agreements, Jakub Walko
The Impact Of Design On The Compliance Of States With International Agreements, Jakub Walko
Dissertations and Theses
This work tackles the question of the importance of design of international agreements on the compliance they elicit on all levels of the global trade regime. Discussing the international legal theories that underpin the different perspectives on this issue and scrutinizing case studies of both large and small treaties this thesis establishes the impact that elements of an agreement's structure have on its aggregate success. A case study of the GATT/WTO system illustrates the challenges of scale and diversity of trade issues while the study of the OILPOL and MARPOL environmental pollution regimes presents a lens on the practical implementation …