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Social and Behavioral Sciences Commons™
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Articles 1 - 18 of 18
Full-Text Articles in Social and Behavioral Sciences
Foreword, Amy C. Gaudion
Foreword, Amy C. Gaudion
Penn State Journal of Law & International Affairs
No abstract provided.
Jlia Editorial Board & Staff
Penn State Journal of Law & International Affairs
No abstract provided.
To Forgive And Forget: How Reconciliation And Amnesty Legislation In Afghanistan Forgives War Criminals While Forgetting Their Victims, Sara L. Carlson
To Forgive And Forget: How Reconciliation And Amnesty Legislation In Afghanistan Forgives War Criminals While Forgetting Their Victims, Sara L. Carlson
Penn State Journal of Law & International Affairs
More than three decades of war and hundreds of thousands killed or brutalized by the actions of warlords and insurgent commanders vying for power comprise the backdrop of modern Afghanistan. As Afghanistan continues toward a new era, seeking democracy in a country where tribal affiliations and ethnic groups often usurp any sense of patriotism, the reconciliation of armed fighters while providing an adequate grievance process for victims of war crimes must take priority in the process adopted to unify the Islamic Republic of Afghanistan. This comment explores the current attempt by the Islamic Republic of Afghanistan to provide a system …
International Activity And Domestic Law, Adam I. Muchmore
International Activity And Domestic Law, Adam I. Muchmore
Penn State Journal of Law & International Affairs
This essay explores the ways States use their domestic laws to regulate activities that cross national borders. Domestic-law enforcement decisions play an underappreciated role in the development of international regulatory policy, particularly in situations where the enforcing State's power to apply its law extraterritorially is not contested. Collective action problems suggest there will be an undersupply of enforcement decisions that promote global welfare and an oversupply of enforcement decisions that promote national welfare. These collective action problems may be mitigated in part by government networks and other forms of regulatory cooperation.
The Full Story Of United States V. Smith, America’S Most Important Piracy Case, Joel H. Samuels
The Full Story Of United States V. Smith, America’S Most Important Piracy Case, Joel H. Samuels
Penn State Journal of Law & International Affairs
This article explores the seminal United States Supreme Court decision of United States v. Smith (1820). Smith, an early piracy case, has influenced developments in both domestic and international law on piracy, universal jurisdiction, and a range of broader themes. This article is the first to explore the context within which the case arose, as well as the circumstances of the case itself. In addition to the details of the case, the story of the men prosecuted for their cruise aboard the vessel known as the Irresistible in the late spring and early summer of 1819 also offers a …
Remarks On Counterstrike, Eric Schmitt
Remarks On Counterstrike, Eric Schmitt
Penn State Journal of Law & International Affairs
After 9/11, the United States government was forced to think differently about terrorism and the nation’s ability to respond to attacks. Eric Schmitt and Thom Shanker address many of the intricacies faced by officials at the White House, the State Department and the Pentagon in their book Counterstrike. In this essay, transcribed from remarks given on March 21, 2012 at the Clarke Forum for Contemporary Issues at Dickinson College, Schmitt discusses how the U.S. government’s policies toward Al Qaeda and terrorism in general have evolved in the ten-year period following the attacks.
Remarks, The Big Picture: Beyond Hot Spots & Crises In Our Interconnected World, Anne-Marie Slaughter
Remarks, The Big Picture: Beyond Hot Spots & Crises In Our Interconnected World, Anne-Marie Slaughter
Penn State Journal of Law & International Affairs
The picture of foreign policy as seen by the United States has changed dramatically over the last few decades. The United States now faces a world far more interconnected and integrated than the foreign policy landscape of the Cold War and its immediate aftermath. Instead of one or two super power centers, the world today is made up of multiple global and regional power centers. This essay, transcribed and adapted from remarks given by Anne-Marie Slaughter on March 15, 2012, at the Dickinson School of Law of the Pennsylvania State University, examines the shift to a multi-polar world of foreign …
International Order After The Financial Crisis, Harold James
International Order After The Financial Crisis, Harold James
Penn State Journal of Law & International Affairs
How is international order built, and how is it legitimate, in a world in which political and economic foundations are rapidly shifting? What are the consequences of the rise of major new powers for the structure and the functioning of the international system? Great wars or great financial crises have in the past led to disorientation about the moral foundations of society, domestically and internationally. The paper examines parallels with the Great Depression, and in particular the weakening of multilateralism and of small political units, and the strengthening of large powers with hegemonic claims. The paper then turns to an …
The Growing Dark Side Of Cyberspace ( . . . And What To Do About It), Ronald Deibert
The Growing Dark Side Of Cyberspace ( . . . And What To Do About It), Ronald Deibert
Penn State Journal of Law & International Affairs
Cyberspace – the global environment of digital communications – surrounds and embodies us entirely, 24 hours a day, 7 days a week. We are always on, always connected: emailing, texting, searching, networking, and sharing are all now as commonplace as eating, breathing, and sleeping. But there is a dark side to cyberspace - hidden contests and malicious threats - that is growing like a disease from the inside-out. This disease has many symptoms, and is being reinforced by a multiplicity of disparate but mutually reinforcing causes. Some of these driving forces are unintended byproducts of the new digital universe into …
The Rise Of Transparency And The Decline Of Secrecy In The Age Of Global And Social Media, P.J. Crowley
The Rise Of Transparency And The Decline Of Secrecy In The Age Of Global And Social Media, P.J. Crowley
Penn State Journal of Law & International Affairs
News reporting of a wide range of sensitive government policies, operations, and internal deliberations has raised understandable concerns that U.S. national security is being compromised. In response, there is an increase in investigations and prosecutions and proposed legislation to plug government leaks. But a broader reality may be at work. In the increasingly interconnected and transparent world of the Internet, Facebook, Twitter, satellite television, WikiLeaks, omniscient cellphones and technology-enhanced revolutions such as the Arab Awakening, governments have lost their ability to control the flow of information. More people have access to more information, with the ability to communicate anything from …
The Balance Of Power, Public Goods, And The Lost Art Of Grand Strategy: American Policy Toward The Persian Gulf And Rising Asia In The 21st Century, Flynt Leverett, Hillary Mann Leverett
The Balance Of Power, Public Goods, And The Lost Art Of Grand Strategy: American Policy Toward The Persian Gulf And Rising Asia In The 21st Century, Flynt Leverett, Hillary Mann Leverett
Penn State Journal of Law & International Affairs
An important driver of relative decline in America’s international standing is the failure of its political elites to define reality-based foreign policy goals and to relate the diplomatic, economic, and military means at Washington’s disposal to realizing them—the essence of “grand strategy.” For several decades, American policy has been pulled in opposite directions by two competing models of grand strategy. In one—the leadership model—America maximizes its international standing by adroitly managing regional and global power balances and promoting the processes of economic liberalization known collectively as globalization. In the second model—the transformation model—America seeks not to manage power balances but …
Jlia Editorial Board & Staff
Penn State Journal of Law & International Affairs
No abstract provided.
A Blue Thai Affair: The Blue Diamond Affair's Illustration Of The Royal Thai Police Force's Standards Of Corruption, Meghan A. Mcclincy
A Blue Thai Affair: The Blue Diamond Affair's Illustration Of The Royal Thai Police Force's Standards Of Corruption, Meghan A. Mcclincy
Penn State Journal of Law & International Affairs
The Blue Diamond Affair, an international jewelry heist, captivated the world’s attention because of its unresolved murders, its implication of law enforcement and public officials from two divergent countries, and the resulting diplomatic tensions between Thailand and Saudi Arabia. The crime also demonstrates the inadequacy of the policies that governed the conduct of the Royal Thai Police Force and how the policies allowed, if not perpetuated corruption within the Royal Thai Police Force. This comment provides an overview of the Blue Diamond Affair, analyzes the Thai criminal statutes and policies, and explores possible remedies for police corruption in Thailand and …
Stop The Money, Stop The Attacks: A Categorical Approach To Achieving An International Terrorist Financing Sanction Regime, Vietlong Nguyen
Stop The Money, Stop The Attacks: A Categorical Approach To Achieving An International Terrorist Financing Sanction Regime, Vietlong Nguyen
Penn State Journal of Law & International Affairs
Money allows terrorist organizations to continue their day-to-day operations. Stopping the flow of financial support to terrorist organizations will diminish the intensity and frequency of the attacks and ideally lead to a cessation of such attacks. One country may be able to establish barriers to terrorist financing through government sanctions. These barriers will not stop terrorist financing; but rather, it will divert it to another country. The only way to effectively stop such financing is to implement international standards for terrorist financing sanctions. But as countries differ economically and politically, a solution must accommodate each countries’ unique situation. This comment …
China And The Anti-Counterfeiting Trade Agreement - Acta Faith, Or Act Futility?: An Exposition Of Intellectual Property Enforcement In The Age Of Shanzhai (山寨), Leroy J. Pelicci Jr.
China And The Anti-Counterfeiting Trade Agreement - Acta Faith, Or Act Futility?: An Exposition Of Intellectual Property Enforcement In The Age Of Shanzhai (山寨), Leroy J. Pelicci Jr.
Penn State Journal of Law & International Affairs
This comment presents a snapshot of the current state of intellectual property (“IP”) enforcement in China in light of a controversial new treaty designed to address the illicit, yet by all accounts thriving, industry of trade in pirated and counterfeit goods. Beginning with an overview of IP-intensive industries, this comment highlights the significance and value of this unique form of property, both to individuals and to national economies. This comment then shifts in focus to the areas of commerce most affected by counterfeiting and piracy, discussing China’s prevalent role in the epidemic, and its copycat subculture known as “Shanzhai.” Thereafter, …
Gypsies, Tramps & Thieves: What Europe's Romanies Can Teach The United States About Crime-Motivated Immigration Reform, Allie Sievers
Gypsies, Tramps & Thieves: What Europe's Romanies Can Teach The United States About Crime-Motivated Immigration Reform, Allie Sievers
Penn State Journal of Law & International Affairs
This comment proposes that the United States could learn a great deal about the dangers of extreme immigration policy-making by looking to the European states and their dealings with the Romani, specifically the French expulsions of the Romani in 2010. Through this lens, this comment analyzes flaws in the U.S.’ crime-motivated immigration enforcement programs, and argues that the U.S. needs to move quickly to remedy flaws in immigration enforcement before it repeats many of the mistakes that led to the current condition of Europe’s Romanies and creates its own class of un-integrated ethnic minorities.
Parting The Waves: Claims To Maritime Jurisdiction And The Division Of Ocean Space, Clive Schofield
Parting The Waves: Claims To Maritime Jurisdiction And The Division Of Ocean Space, Clive Schofield
Penn State Journal of Law & International Affairs
This article casts aside traditional obsessions and examines the development and present state of coastal State claims to maritime jurisdiction, the overlapping claims to maritime space that have inevitably resulted from the significant extension of maritime claims in recent decades, and thus the delimitation of maritime boundaries.
Alone On A Wide Wide Sea: A National Security Rationale For Joining The Law Of The Sea Convention, James W. Houck
Alone On A Wide Wide Sea: A National Security Rationale For Joining The Law Of The Sea Convention, James W. Houck
Penn State Journal of Law & International Affairs
In the face of twenty-first century challenges to military maritime mobility, the question persists as to whether customary international law will remain a reliable foundation for U.S. maritime security interests in the future. To date, the U.S. has successfully conducted military operations sanctioned by the customary high seas freedoms of free navigation and overflight. However, with technological advances and heightened environmental and defense concerns, countries with coastal state interests may demand greater control over their near-shore waters, requiring the U.S. to reconsider its position outside the United Nations Convention on the Law of the Sea (UNCLOS). This article addresses pertinent …