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Articles 1 - 30 of 82
Full-Text Articles in Social and Behavioral Sciences
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 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 …
Climate Change Adaptation, Migration, And Promising Developments For Pacific Island States, Ashley Jonas
Climate Change Adaptation, Migration, And Promising Developments For Pacific Island States, Ashley Jonas
Honors Theses
The people of the Pacific Islands face an existential crisis due to climate change, despite the fact that they are the least responsible for contributing to carbon emissions. The effects of climate change, namely sea-level rise, pose a verified threat to low-lying islands, infiltrating water supplies, crops, and infrastructure. As a result, there is a need for improved solutions for adapting to the impacts of climate change and for easier access to legal migration pathways when the consequences are insurmountable. Through comparative discourse analysis of scholarly sources, intergovernmental policies, and non-governmental organizations, the thesis finds that Small Island Developing States …
Laws: Prospects Of Regulation, Sam M. Arkin
Laws: Prospects Of Regulation, Sam M. Arkin
Glatfelter Gazette
Lethally Autonomous Weapons Systems are a new emerging technology within the international arena, yet prospects of regulation have scarcely been discussed. This means that this technology, if further developed without regulation, could cause significant casualties and violations of International Humanitarian Law. While this hasn't happened yet, it is important to have these discussions now because later may be too late. This technology is developing fast and is going relatively unnoticed or not understood by many.
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 …
Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins
Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins
Neal E. Devins
No abstract provided.
The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone
The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone
Linda A. Malone
No abstract provided.
Carter, Reagan, And Khomeini: Presidential Transitions And International Law, Nancy Amoury Combs
Carter, Reagan, And Khomeini: Presidential Transitions And International Law, Nancy Amoury Combs
Nancy Combs
No abstract provided.
Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson
Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson
2019 Symposium
As a complex, diverse and dynamic region with diverging, constantly changing constitutional and jurisprudential contexts as well as lasting legacies of patriarchy, South Asia’s traditions of public interest litigation are one of the most well-studied institutions by Western audiences due to their contradictory progressive and innovative nature. Particularly in India, where public interest litigation gives ordinary citizens extraordinary access to the highest courts of justice, questions have been raised as to the effectiveness of public interest litigation as a tool to address gender disparities across the region. Although Supreme Court justices have been a key ally in eliminating legal barriers …
Does International Law Change State Behavior?, Brett Franzie
Does International Law Change State Behavior?, Brett Franzie
Honors Program Theses and Projects
Human rights treaties are the main legal instrument used by the United Nations to advance human rights. While many treaties are ratified by the world, rights violations still happen, especially for women. The purpose of this study is to discover if states obey and follow international human rights law on women’s rights and protect the rights defined in the Convention on the Elimination of All Forms of Discrimination Against Women. This analysis employed a case study methodology that compares four states: Sweden, Latvia, Libya, and the United Arab Emirates and their women’s rights practices. The United Nations Universal Periodic Review …
A Life Absolutely Bare? A Reflection On Resistance By Irregular Refugees Against Fingerprinting As State Biopolitical Control In The European Union, Ziang Zhou
Claremont-UC Undergraduate Research Conference on the European Union
In a legally transitory category, irregular refugees- experience a double precariousness. They risk their lives to travel across treacherous seas to Europe for a better life. However, upon the long-awaited embarkation on the European land, they are exposed once again to the precariousness of the asylum application. They are “powerless”, “with no rights” and “to be sacrificed” as Giorgio Agamben and Hannah Arendt suggested in their respective understanding of a “bare life”, la nuda vita. In light of the administrative difficulties in managing asylum application, the European Union introduced the “Dublin Agreement”, which stipulates mandatory biometric data collection for …
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 …
Policy Dissemination: Public Administration Theory And International Organizations | A Case Study On The Convention On The Rights Of Persons With Disabilities In The Kingdom Of Morocco, Rachelle Ann Wilson
Policy Dissemination: Public Administration Theory And International Organizations | A Case Study On The Convention On The Rights Of Persons With Disabilities In The Kingdom Of Morocco, Rachelle Ann Wilson
Capstone Projects – Politics and Government
With the advent of international organizations comes international law. Unprecedented at such a global and influential level, there is no theoretical framework within public administration explicitly focused on administrative structure and strategies for the implementation of international law. Consequently, the current administrative literature and theoretical framework must be looked to and transposed, as much as possible, to the international stage. This paper explores public administration theory and how it would manifest if applied to international policy implementation. By taking a closer look into the United Nations’ Convention on the Rights of Persons with Disabilities and its implementation strategy within the …
Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen
Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen
Scholarly Undergraduate Research Journal at Clark (SURJ)
Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …
Corporations And The Limits Of State-Based Models For Protecting Fundamental Rights In International Law, David Bilchitz
Corporations And The Limits Of State-Based Models For Protecting Fundamental Rights In International Law, David Bilchitz
Indiana Journal of Global Legal Studies
At the heart of international law lies a central tension. On the one hand, the fundamental rights recognized in international treaties protect the fundamental interests of individuals, obligating all actors who can affect these rights. One the other hand, international law has often been conceived of as a system in which the only legitimate actors are states. In turn, only states can be bound by the fundamental rights obligations in international treaties. To address this tension, two models have been proposed. The first is an "Indirect duty" approach, whereby the state remains the primary duty-bearer and must itself "create" the …
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 …
Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson
Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson
International Human Rights Law Journal
This paper examines the main legal elements of corporate criminal responsibility for involvement in serious human rights violations, focusing specifically on the mens rea, or mental element requirement of a crime. It analyzes in detail what it means for a business to be complicit, the degree of knowledge corporations and their officials must have to be implicated in accomplice liability, and a case study demonstrating the consequences of such liability on corporations.
Introduction: Perspectives On The World's Search For Stable Democracy, Rodney A. Smolla, Darlene P. Bradberry
Introduction: Perspectives On The World's Search For Stable Democracy, Rodney A. Smolla, Darlene P. Bradberry
Rod Smolla
No abstract provided.
Determining Extraterritoriality, Franklin A. Gevurtz
Determining Extraterritoriality, Franklin A. Gevurtz
William & Mary Law Review
This Article addresses an underexplored but critical aspect of the presumption against extraterritoriality. The presumption against extraterritoriality—which the United States Supreme Court has increasingly invoked in recent years—calls for courts to presume that Congress does not intend U.S. statutes to govern events outside the United States. The most difficult issue presented by the presumption arises when relevant events occur both inside and outside the United States, as in the classic example, if a shooter on one side of the border kills a victim on the other, or if, as in the leading case, false statements originating inside the United States …
The Problem Of Sovereignty, International Law, And Intellectual Conscience, Richard L. Lara
The Problem Of Sovereignty, International Law, And Intellectual Conscience, Richard L. Lara
Richard Louis Lara
The concept of sovereignty is a recurring and controversial theme in international law, and it has a long history in western philosophy. The traditionally favored concept of sovereignty proves problematic in the context of international law. International law’s own claims to sovereignty, which are premised on traditional concept of sovereignty, undermine individual nations’ claims to sovereignty. These problems are attributable to deep-seated flaws in the traditional concept of sovereignty. A viable alternative concept of sovereignty can be derived from key concepts in Friedrich Nietzsche’s views on human reason and epistemology. The essay begins by considering the problem of sovereignty from …
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 …
Reconciliation And The Rule Of Law: The Changing Role Of International War Crimes Tribunals, Oriana Lavilla
Reconciliation And The Rule Of Law: The Changing Role Of International War Crimes Tribunals, Oriana Lavilla
Claremont-UC Undergraduate Research Conference on the European Union
This paper explores the relationship between international war crimes tribunals and reconciliation in post-conflict societies. The aim of the present study was to examine how the role of international war crimes tribunals has changed in the peacebuilding process since the early years after World War II. Due to the evolving nature of international law and the international criminal legal system, international tribunals have become increasingly recognized as an integral component of peacebuilding in post-conflict societies. The International Criminal Tribunal for the former Yugoslavia (ICTY) was the first international tribunal with a mandate to contribute to international peace and security. The …
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 …
¿Acatar O No Acatar El Fallo De La Corte Internacional De Justicia En El Caso Nicaragua V. Colombia?, Andres Barreto
¿Acatar O No Acatar El Fallo De La Corte Internacional De Justicia En El Caso Nicaragua V. Colombia?, Andres Barreto
Andres Barreto
Han corrido verdaderos ríos de tinta sobre las implicaciones del fallo proferido por la Corte Internacional de Justicia (CIJ) en el Caso Nicaragua v. Colombia, sin embargo, más allá de los análisis, unos jurídicos y otros políticos, es preciso preguntarse que sigue en el panorama internacional tras la sentencia.
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 …
Reconstructing World Politics: Norms, Discourse, And Community, Sungjoon Cho
Reconstructing World Politics: Norms, Discourse, And Community, Sungjoon Cho
All Faculty Scholarship
This Article argues that the conventional (rationalist) approach to world politics characterized by political bargain cannot fully capture the new social reality under the contemporary global ambience where ideational factors such as ideas, values, culture, and norms have become more salient and influential not only in explaining but also in prescribing state behaviors. After bringing rationalism’s paradigmatic limitations into relief, the Article offers a sociological framework that highlights a reflective, intersubjective communication among states and consequent norm-building process. Under this new paradigm, one can understand an international organization as a “community” (Gemeinschaft), not as a mere contractual instrument of its …