International Relations Commons^™

Law Not War: A Reflection On The Life And Work Of Benjamin B. Ferencz, 1920-2023, Patricia M. Mische

The Journal of Social Encounters

Solidarity in this essay is differentiated from collectivism, conformity, group think, herd mentality and mob action. It is defined as a mindful and empathetic choice to work in unity with others to alleviate human suffering and uphold human dignity by advancing systems of greater justice, peace, freedom, and inclusion for all. This form of solidarity is explored through the prism of one person’s life – that of Benjamin Ferencz – and how he used his experience, talents, and skills to develop and promote the international legal framework needed to address and prevent crimes against humanity. It traces his life from …

The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan

Theses and Dissertations

The emergence of modern-nation states saw the end of the empirical era of exploitation and exercise of inherent racist tendencies towards the 'other'. However, the effect of that colonial system is still ever-present in the creation and governance of these newly independent states. While every new state aims to be 'modern', they adopt the international legal framework of the West as their own - a system they had initially wanted to escape. The concept of Muslim universality in the form of the ummah should have freed Pakistan from the shackles of its former colonial masters. Instead, this phenomenon was replaced …

"Prevention Through Deterrence" Against Citizens: The Venezuela-Colombia Border During The Covid-19 Pandemic And Human Rights Implications, Andreina Negretti Benito

Honors Theses

This thesis analyses the human rights implications of the measures taken by the Venezuelan government at the Venezuelan-Colombian border during the COVID-19 pandemic. I will argue that the goal of these measures is preventing or impeding the return of citizens through "deterrence techniques" that have been historically used by other countries. This case's importance relies on the fact that, unlike other cases, the Venezuelan government uses these "techniques" against its own nationals, rather than against unwanted immigrants. The first chapter will provide an overview of the theoretical framework concerning migration, arguments regarding open borders, and human rights protections. This will …

Nation-Building And Cultural Heritage: A Study Of Turkey And Its Greek Orthodox Community, Sophia E. Kyrou

Senior Theses and Projects

This thesis is an exploration of the intersection between nationalist ideology and cultural heritage policy. This thesis answers how and why states utilize cultural heritage policy to build exclusivist forms of nationalism and, more specifically, models of nationalism that exclude ethno-religious minorities. In my work, I employ a case study of Turkey and its treatment of the Greek Orthodox minority population, and examine two specific periods in Turkish history: the Atatürk period (1920 to 1938) and the Erdoğan period (2001 to present). I answer the case-specific question: How and why has the Turkish state utilized policy dealing with tangible and …

Challenging The Limitations Of Asserting Jurisdiction: A Case Study Of The South China Sea, Joshua Villanueva

Electronic Theses and Dissertations

The South China Sea dispute challenges the future development of maritime legal order and international law. China’s behavior in the South China Sea challenges widely accepted rules governing maritime jurisdiction worldwide as it tries to expand the limits of its jurisdiction. In China’s view, the Arbitral Tribunal in Philippines v. China also challenged the jurisdiction of the UNCLOS by taking a highly political issue related to sovereignty. This thesis argues that mere rhetorical rejection of China’s actions in the South China Sea will not determine the resolution of the dispute. China’s behavior will be dependent on striking the right balance …

“Time Is A-Wasting”: Making The Case For Cedaw Ratification By The United States, Rangita De Silva De Alwis, Melanne Verveer

All Faculty Scholarship

Since President Carter signed the Convention for the Elimination of All Forms of Discrimination Against Women (the “CEDAW” or the “Convention”) on July 17, 1980, the United States has failed to ratify the Convention time and again. As one of only a handful of countries that has not ratified the CEDAW, the United States is in the same company as Sudan, Somalia, Iran, Tonga, and Palau. When CEDAW ratification stalled yet again in 2002, then-Senator Joseph Biden lamented that “[t]ime is a-wasting.”

Writing in 2002, Harold Koh, former Assistant Secretary of State for Democracy, Human Rights, and Labor, bemoaned America’s …

Urban Warfare: Emerging Geopolitical Conundrum, Bert Chapman

Libraries Faculty and Staff Presentations

Urban warfare is as old as human history. It is becoming increasingly important in international political and military planning due to increasing global urbanization and the presence of megacities (urban areas with populations exceeding 10 million) in many global regions and being in areas of recent and potential military conflict. 2018 World Bank data notes that approximately 56% of the world's population lives in urban areas which is up from 34% in 1960. Many of these megacities, including New York City, Los Angeles, Sao Paulo, Mumbai, Shanghai, and Manila are adjacent to oceanic waters and vulnerable to trade and supply …

Rhetoric And International Human Rights: The Case Of The Senegalese Talibés, Christopher Parisella

Senior Honors Projects

CHRISTOPHER PARISELLA

(Political Science, Writing & Rhetoric, French)

Rhetoric and International Human Rights: The Case of the Senegalese Talibés

Sponsor: Lynne Derbyshire (Communication Studies, Honors Program)

While in Senegal, I witnessed the hurdles faced by proponents of international human rights standards. Thousands of Muslim boys, called talibés, undertake their Koranic education in Senegal. Many are forced to beg in the streets by their educators, and abuse in the schools is common. Still, this education is considered a valuable part of the boys’ spiritual development. Despite the multitude of countries that have openly supported and ratified international human rights compacts, many …

How U.S. Government Policy Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman

Libraries Faculty and Staff Presentations

Artificial intelligence is affecting many areas of our lives and governmental policy. National security is one arena in which artificial intelligence is playing an increasingly important and controversial role. U.S. Government and military agencies are producing a steadily expanding corpus of publicly available literature on this topic. This literature documents how these agencies have this topic's national security implications historically and currently while also addressing potentially emerging national security issues where artificial intelligence will intersect with national security. This presentation demonstrates examples of the growing variety of publicly available national security artificial intelligence literature while also addressing the implications of …

Crime On The High Seas: What Conditions Are Necessary To Achieve Effective Maritime Governance Regime?, Michael A. Celic

Dissertations and Theses

This thesis explores why international maritime governance regimes have inconsistent rates of success. The global community relies on the world’s oceans for food, trade, and resources. Therefore, the regulation of these oceans is necessary to provide adequate passage through its waters and the management of all the resources they supply for the mutual benefit of all. Although there are international laws such as the United Nations Convention of the Law of the Seas (UNCLOS), many of these laws fail to address current global threats and have proven inadequate in forming proactive collective responses. It is particularly problematic addressing transnational criminal …

Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark Nevitt, Robert V. Percival

All Faculty Scholarship

Climate change is fundamentally transforming both the Arctic and Antarctic polar regions. Yet they differ dramatically in their governing legal regimes. For the past sixty years the Antarctic Treaty System (ATS), a traditional “hard law” international law treaty system, effectively de-militarized the Antarctic region and halted competing sovereignty claims. In contrast, the Arctic region lacks a unifying Arctic treaty and is governed by the newer “soft law” global environmental law model embodied in the Arctic Council’s collaborative work. Now climate change is challenging this model. It is transforming the geography of both polar regions, breaking away massive ice sheets in …

Trafficking Smuggled Migrants: An Issue Of Vulnerability, Rachel A. Hews

Global Tides

This paper analyzes why the UN’s efforts against the sex trafficking of smuggled migrants, specifically regarding the Palermo and Smuggling Protocols, have been inadequate in preventing migrant smuggling. It concludes that the crime-based focus on prosecution overshadows prevention of the crime and protection of the victims, and that a human rights approach addressing the vulnerability of smuggled migrants would be more effective in reducing migrant smuggling long-term. Proposed solutions include decreasing both the “push” and “pull” factors of migration by ratifying existing legislation regarding basic human rights, implementing national policies that increase migrant rights in destination countries, and shifting further …

Ending Security Council Resolutions, Jean Galbraith

All Faculty Scholarship

The Security Council resolution implementing the Iran deal spells out the terms of its own destruction. It contains a provision that allows any one of seven countries to terminate its key components. This provision – which this Comment terms a trigger termination – is both unusual and important. It is unusual because, up to now, the Security Council has almost always either not specified the conditions under which resolutions terminate or used time-based sunset clauses. It is important not only for the Iran deal, but also as a precedent and a model for the use of trigger terminations in the …

A Refugee Paradox? Processes Of Inclusion And Exclusion Of Bosnian Refugees In Germany And Sweden, Brittany S. Beyer

Honors Capstone Projects - All

The aim of this project is to explain what factors account for the differentials in treatment of Bosnian refugees in Sweden and Germany. Although both of these states are signatories of the same international conventions that govern states’ humanitarian obligations toward refugees, the resources available to the refugees varied greatly between both countries, which in turn influenced the lived experiences of the Bosnian refugees. This paper examines these discrepancies within the contexts of ideas about national citizenship, the existence of governmental institutions designed to foster refugee integration, and external, non-state factors such as the media and other charitable organizations that …

The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo

Global Tides

This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle …

China's Nine-Dashed Map: Maritime Source Of Geopolitical Tension, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

The South China Sea (SCS) is becoming an increasingly contentious source of geopolitical tension due to its significance as an international trade route, possessor of potentially significant oil and natural gas resources, China’s increasing diplomatic and military assertiveness, and the U.S.’ recent and ongoing Pacific Pivot strategy. Countries as varied as China, Taiwan, the Philippines, Indonesia and other adjacent countries have claims on this region’s islands and natural resources. China has been particularly assertive in asserting its SCS claims by creating a nine-dash line map claiming to give it de facto maritime control over this entire region without regard to …

Crimea And The International Legal Order, William W. Burke-White

All Faculty Scholarship

A key balance between two of the most fundamental principles of the post-World War II international legal and political order is at stake today in Ukraine. Particularly in its annexation of Crimea, Russia has exploited the tension between a fundamental principle that prohibits the acquisition of territory through the use of force and an equally fundamental right of self-determination. Russia’s reinterpretation of these two principles could well destabilize the tenuous balance between the protection of individual rights and the preservation of states’ territorial integrity that undergirds the post World War II order. In determining the precedent that will be remembered …

The Sum Of The Parts, Therese O'Donnell

Human Rights & Human Welfare

From one perspective the Middle East lends itself as a macabre mise-en-scene where the triumph of realpolitik over the legitimacies of international law can be continually re-staged. To be sure, at least two sovereign states seem to go their own way, even in the face of rampant and valid international criticism—the end of a construction freeze on illegal settlements and failures to condemn clearly illustrate this point. However, two can play at that game. The US veto of the October 2003 draft Security Council resolution declaring as illegal Israel’s construction of its security fence, beyond the 1949 Green Line and …

From Rapists To Superpredators: What The Practice Of Capital Punishment Says About Race, Rights And The American Child, Robyn Linde

Faculty Publications

At the turn of the 20^th century, the United States was widely considered to be a world leader in matters of child protection and welfare, a reputation lost by the century’s end. This paper suggests that the United States’ loss of international esteem concerning child welfare was directly related to its practice of executing juvenile offenders. The paper analyzes why the United States continued to carry out the juvenile death penalty after the establishment of juvenile courts and other protections for child criminals. Two factors allowed the United States to continue the juvenile death penalty after most states in …

Steven M. Schneebaum On The Death Penalty And Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp., Steven M. Schneebaum

Human Rights & Human Welfare

A review of:

The Death Penalty and Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp.

Marten Zwanenburg On International Peacekeeping Edited By Boris Kondoch. Aldershot: Ashgate, 2007. 578pp., Marten Zwanenburg

Human Rights & Human Welfare

A review of:

International Peacekeeping edited by Boris Kondoch. Aldershot: Ashgate, 2007. 578pp.

Weapons Of Mass Destruction & Public International Law, Michael Donlan

New England Journal of Public Policy

The proliferation of weapons of mass destruction (WMD) into the hands of rogue dictators and terrorists has brought a sea change in strategic international relations, and is accelerating the necessity of public international law to protect humanity. Traditional balances of power have little force left to deter WMD. Major powers must seriously revamp and proactively exploit public international law, and, to that end, bolster multilateral institutions to marshal an action plan to leash this unacceptable risk. Leadership is needed on three levels: 1) promote a new mission for public international law to address WMD; 2) muster a broad-based coalition of …

Legitimacy, Justice, And The Future Of Africa, J. Peter Pham

Human Rights & Human Welfare

A review of:

Human Rights, the Rule of Law, and Development in Africa edited by Paul Tiyambe Zeleza and Philip J. McConnaughay. Philadelphia: University of Pennsylvania Press, 2004. 308 pp.

A Life In The Realm Of Rights: A Man And A Movement’S History, Tom J. Farer

Human Rights & Human Welfare

A review of:

Taking Liberties: Four Decades in the Struggle for Human Rights by Aryeh Neier. New York: PublicAffairs. 400pp.

Communist Chinese Attitudes Toward United Nations Membership 1945-1971 An Essay, Victoria E. Docauer

IUSTITIA

Let us here examine the question of Communist Chinese representation in the United Nations in the context of a broader question: the attitude of Communist China toward international law. Was it only United States interference which kept Communist China out of the United Nations? What is the position of Communist China in regard to international law? Has the People's Republic been the lawless nation that it is sometimes described to be? In an attempt to provide questions, one must examine those arguments which emphasize the lawlessness of Communist China and seek to determine the attitude of the Communist Chinese toward …