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Articles 1 - 30 of 183
Full-Text Articles in Social and Behavioral Sciences
Introduction To The Symposium On Digital Evidence, Melinda (M.J.) Durkee, Megiddo Tamar
Introduction To The Symposium On Digital Evidence, Melinda (M.J.) Durkee, Megiddo Tamar
Scholarship@WashULaw
The past few decades have seen radical advances in the availability and use of digital evidence in multiple areas of international law. Witnesses snap cellphone photos of unfolding atrocities and post them online, while others share updates in real time through messaging apps. Immigration officers search cell phones. Private citizens launch open-source online investigations. Investigators scrape social media posts. Digital experts verify authenticity with satellite geolocation. These new types of evidence and digitally facilitated methods and patterns of evidence gathering and analysis are revolutionizing the everyday practice of international law, drawing in an ever-wider circle of actors who can contribute …
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 …
Service Out Under The New Rules Of Court, Ian Mah, Aaron Yoong
Service Out Under The New Rules Of Court, Ian Mah, Aaron Yoong
Research Collection Yong Pung How School Of Law
The new Rules of Court 2021 seek to provide a more accessible and efficient justice system. The extensiveness of the overhaul, however, brings with it as much unfamiliarity as excitement. This legislation comment examines the changes in the provisions governing service out of jurisdiction and argues that the textual changes also effect substantive changes to how the law is applied. This comment also explores the related issues on the grant of Mareva injunctions in aid of foreign proceedings under the new Rules of Court 2021.
The Intersections Among Science, Technology, Policy And Law: In Between Truth And Justice, Paolo Davide Farah, Justo Corti Varela
The Intersections Among Science, Technology, Policy And Law: In Between Truth And Justice, Paolo Davide Farah, Justo Corti Varela
Book Chapters
Different visions on the interaction between science, technology, policy and law have been presented. As common axe, we can detect the continuous search for truth and justice. Science and Law as social constructs, the distinction between truths and opinions through procedural method based on evidence and rationality, or how natural science “things” became facts, and consequently “truth”, are examples of this search. The evidence-gathering process that integrates scientific evidence into trial (sometimes by procedure and other times by a more substantive approach) is another possible approach. Of course, that the game of mutual influence among the four elements creates contradictions …
Public Ownership And The Wto In A Post Covid-19 Era: From Trade Disputes To A 'Social' Function, Paolo Davide Farah, Davide Zoppolato
Public Ownership And The Wto In A Post Covid-19 Era: From Trade Disputes To A 'Social' Function, Paolo Davide Farah, Davide Zoppolato
Articles
Public ownership is closely bound to the need of the government to protect and guarantee the well-being of its citizens. Where the market cannot, or does not want to, provide goods and services, the State uses different tools to intervene, influence, and control some aspects of the private sphere of expression of its citizens in the name and interest of the collectivity. Although, in the past century, this behavior was accepted as one of the expressions of the public authority and part of the social contract, this perception has shifted partially in accordance with the wave of privatization programs initiated …
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.
Torturous Journeys: Cruelty, International Law, And Pushbacks And Pullbacks Over The Mediterranean Sea, Jamal Barnes
Torturous Journeys: Cruelty, International Law, And Pushbacks And Pullbacks Over The Mediterranean Sea, Jamal Barnes
Research outputs 2022 to 2026
Boat pushbacks and pullbacks by Italy and the European Union (EU) have returned migrants and refugees to Libya where they have been subjected to brutal human rights violations, such as torture and ill-treatment. This article argues that these pushbacks and pullbacks not only undermine key human rights principles, but they are also an act of cruelty. As Italy and the EU have used the law to evade their international human rights and refugee obligations, the law has had distributive effects that have shaped migration pathways and exacerbated the vulnerability of migrants and refugees to torture. Not only have legal manoeuvres …
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.
Women And War, 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
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 …
Preemptive War, War Powers, And International Complications: A Need For Reform, Paige Montague
Preemptive War, War Powers, And International Complications: A Need For Reform, Paige Montague
Brigham Young University Prelaw Review
In March 2003, the United States declared official war on Iraq out of fear that Suddam Hussein has nuclear weapons. This war was declared after the United Nations Security Council ruled that the Preemptive War was illegal. Preemptive War is a strange loophole under the War Powers Act and gives the President ability to declare war under the potential of a future threat. The Iraq War did not yield the intended results nor were any nuclear weapons found. Had congress been mandated under an amendment to approve the Preemptive War, the poor consequences both on a domestic and international level …
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 …
Briefing On International Environmental Law, Tyler Boney
Briefing On International Environmental Law, Tyler Boney
Faculty Curated Undergraduate Works
Briefing on International Environmental Law directed to Senator Ben Cardin
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 …
Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty
Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty
Benjamin C McCarty
The drafters of the 1958 New York Convention intended Article V(2)(b) to be interpreted narrowly, and while most pro-arbitration national courts do maintain narrowly defined areas of public policy that are sufficient for refusal of the recognition and enforcement of a foreign arbitral award, this is not always the case. Developing states and jurisdictions that maintain corrupt or inefficient judicial systems have shown a greater willingness to invoke the public policy exception for a broader, amorphous variety of reasons. This phenomenon has created a sense of unpredictability among international investors, arbitrators, and business executives as to the amount of deference …
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.