Political Science Commons^™

The Smugglers' Landscape: Geography, Route Selection And The Global Heroin Trade, James Dallis Medler

Graduate Program in International Studies Theses & Dissertations

This study focuses on transnational smuggling, and puts forth an analytical framework from the smugglers' perspective with respect to route selection, focusing primarily on aspects of economic, political, and human geography. It is predicated on three interconnected decision-making domains that constitute the smuggler's operational landscape, namely access, risk and connectivity, which interact to drive the smugglers' perceptions of route attractiveness. The first two domains operate reciprocally, primarily at the national level of analysis, and together both shape and are shaped by the third at the transnational level to form a feedback loop. With respect to connectivity, the convention of the …

Space Cooperation Under Anarchy: Commercialization Of Outer Space And Space Security In The Post-Cold War Era, Irina V. Louts

Graduate Program in International Studies Theses & Dissertations

The 20th century brought the most horrific weapons and most devastating wars in the history of human civilization. It also gave us the most breathtaking discoveries and technological breakthroughs, including the opening up of outer space to human reach. The commercialization of outer space is one of the most significant developments of our time, giving us an opportunity to put the richness of this medium to the betterment of human conditions on Earth on an increasingly widening scale.

Technological advances have also made space more important militarily. A puzzle now is whether the commercialization of outer space facilitates international cooperation …

The Jewish Settlements In The West Bank: International Law And Israeli Jurisprudence, Michael Galchinsky

English Faculty Publications

No abstract provided.

The Right To Health, Sarah Friedmann

Human Rights & Human Welfare

In the human rights discourse and practice the right to health has been and continues to be a contentious arena. Primarily located within legal frameworks that focus on civil and political rights, the right to health is more frequently being used to challenge abuses of health by invoking social and economic rights, even though this places the right to health on slippery terrain that is not as internationally accepted as civil and political rights.

Law, Human Rights, Realism And The “War On Terror”, J. Peter Pham

Human Rights & Human Welfare

A review of:

The Lesser Evil: Political Ethics in an Age of Terror by Michael Ignatieff. Princeton: Princeton University Press, 2004. 212pp.

Politics And International Justice In A World Of States, J. Peter Pham

Human Rights & Human Welfare

A review of:

War Crimes and Realpolitik: International Justice from World War I to the 21st Century by Jackson Nyamuya Maogoto. Boulder: Lynne Rienner Publishers, 2004. 267 pp.

The Domestic Origins Of International Agreements, Rachel Brewster

Faculty Scholarship

This paper examines how international agreements are substitutes for statutes. The statutory law-making system and international agreement negotiations are separate, but sometimes rival, processes for setting national-level policy. International agreements have several advantages over domestic statutes. Under United States law, international agreements can entrench policies that might otherwise be subject to change; they can transfer agenda-setting power from the Congress to the President; and they can delegate authority to international organizations. Each of these effects can lead domestic interest groups to seek international negotiations rather than domestic legislation. Little difference exists between the politics of international and domestic law: Interest …

Ethnic Groups And International Law: A Status Report On International Legal Personality At The Beginning Of The New Century, Steven M. Schneebaum

Human Rights & Human Welfare

A review of:

International Law and Ethnic Conflict edited by David Wippman. Ithaca, NY: Cornell University Press, 1998. 368pp.

Cosmopolitan Law—And Cruelty— On Trial, Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Law against Genocide: Cosmopolitan Trials by David Hirsh. London: Cavendish/Glasshouse, 2003. 183pp.

Access To Health, Natalie Huls

Human Rights & Human Welfare

Access to health is an often-overlooked aspect of the right to health. Without practical access, the right to health becomes an empty promise. International human rights conventions and declarations do not directly mention access to health, but the above comment on the International Covenant on Economic, Social, and Cultural Rights does address the issue.

Romania, Bulgaria, The United States And The European Union: The Rules Of Empowerment At The Outskirts Of Europe, Dana Neacsu

Law Faculty Publications

After the collapse of the Soviet Union, the United States came to Eastern Europe spreading the gospel of democracy and the American Rule of Law. In addition to encouraging Western ideology, the United States was there to forge new economic relationships and, following the terrorist attacks of September 11, 2001, to accelerate the creation of military alliances through membership in the North Atlantic Treaty Organization (NATO) and the newly-formed "coalition of the willing." Romania and Bulgaria, among other former Soviet satellites, welcomed the invitation. Romania and Bulgaria are small countries which share similar economic pressures as they attempt to emerge …

Compellence: An Empirical Perspective, Michael G. Dziubinski

Graduate Program in International Studies Theses & Dissertations

Compellence, the use of a contingent threat of force to get a target state to modify a behavior, is an understudied area of international relations. An empirical examination of this area reveals patterns of the frequency of attempted compellence and successful compellence that are not explained by current research or broader international relations theories. In the post-World War II period (1946–2001), the pattern is a rapid drop and continued suppression of success, but a continuation of compellence attempts at the historic level. Existing compellence research and international relations theory do not explain this puzzling disparity of low success and continued …

Human Rights And National Security: The Strategic Correlation, William W. Burke-White

All Faculty Scholarship

No abstract provided.

Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Atypical Pneumonia And Ambivalent Law And Politics: Sars And The Response To Sars In China, Jacques Delisle

All Faculty Scholarship

No abstract provided.

Vultures Or Vanguards?: The Role Of Litigation In Sovereign Debt Restructuring, Jill E. Fisch, Caroline M. Gentile

All Faculty Scholarship

The market for sovereign debt differs from the market for corporate debt in several important ways including the risk of opportunistic default by sovereign debtors, the importance of political pressures, and the presence of international development organizations. Moreover, countries are subject to neither liquidation nor standardized processes of debt reorganization. Instead, negotiations between a sovereign debtor and its creditors lead to a voluntary restructuring of the sovereign's debt. One of the greatest difficulties in restructuring claims against sovereign debtors is balancing the interests of the majority of the creditors with those of minority creditors. Holdout creditors serve as a check …

The Conceptual Jurisprudence Of The German Constitution, William Ewald

All Faculty Scholarship

No abstract provided.

A Global Convention On Choice Of Court Agreements, Ronald A. Brand

Articles

This article reviews the work of the Special Commission of the Hague Conference on Private International Law, which meet during the first nine days of December 2003 to consider a Draft Text on Choice of Court Agreements. Negotiations originally sought a rather comprehensive convention on jurisdiction and the recognition and enforcement of judgments, with a preliminary draft convention being prepared in October 1999, and further revised at the first part of a Diplomatic Conference in June 2001. When it became clear that some countries, particularly the United States, could not agree to the convention being considered, negotiations were redirected at …

The Political Economy Of The Production Of Customary International Law: The Role Of Non-Governmental Organizations, Donald J. Kochan

Donald J. Kochan

Increasingly, United States courts are recognizing various treaties, as well as declarations, proclamations, conventions, resolutions, programmes, protocols, and similar forms of inter- or multi-national “legislation” as evidence of a body of “customary international law” enforceable in domestic courts, particularly in the area of tort liability. These “legislative” documents, which this Article refers to as customary international law outputs, are seen by some courts as evidence of jus cogens norms that bind not only nations and state actors, but also private individuals. The most obvious evidence of this trend is in the proliferation of lawsuits against corporations with ties to the …