Diplomatic History Commons^™

International Institutions And The Resource Curse, Patrick Keenan

Penn State Journal of Law & International Affairs (2012 - Present)

Many countries that are richly endowed with natural resources have failed to turn that resource wealth into sustained development. In many places, a small coterie of elites has become rich while most citizens see little benefit from their country’s vast resource wealth. A principal cause of this problem, often called the resource curse, is weak domestic institutions that permit leaders to enrich themselves and ignore the development needs of the country. From this, most scholars and policymakers have concluded that the way to fix the resource curse is to reform domestic institutions.

This article challenges the conventional wisdom and argues …

The Arab Spring’S Four Seasons: International Protections And The Sovereignty Problem, Jillian Blake, Aqsa Mahmud

Penn State Journal of Law & International Affairs (2012 - Present)

In December 2010, public demonstrations erupted throughout the Middle East against autocratic regimes, igniting a regional political transformation known as the Arab Spring. Depending on events, modern international criminal and humanitarian law provided certain protections to vulnerable populations. However, international law did not provide a uniform degree of protection to civilians and combatants who faced similar circumstances. This Article argues for a uniform standard of protections for all populations affected by armed conflict, war crimes, and crimes against humanity. It evaluates each of five major Arab Spring uprisings (Tunisia, Bahrain, Egypt, Syria, and Libya) and describes the legal protections that …

The Impact Of The Icty On Atrocity-Related Prosecutions In The Courts Of Bosnia And Herzegovina, Yaël Ronen

Penn State Journal of Law & International Affairs (2012 - Present)

The International Criminal Tribunal for Yugoslavia was not mandated to proactively promote domestic prosecutions of war-related crimes. However, its operation may have had some impact on domestic proceedings concerning war-related crimes in Bosnia and Herzegovina. The object of this article is to identify and explain this impact, with respect to qualitative (institutional legal capacities), quantitative (rates of prosecution and trends in sentencing), and normative (the adoption and application of criminal law norms) benchmarks.

The Limits Of Judicial Idealism: Should The International Criminal Court Engage With Consequentialist Aspirations?, Shahram Dana

Penn State Journal of Law & International Affairs (2012 - Present)

Idealism about what international criminal justice mechanisms can achieve has lead to ideologically driven judicial decision-making in international criminal law (ICL). ICL idealism manifests itself in the belief that international criminal prosecutions can achieve an awesome array of goals. These include retribution, deterrence, reconciliation, rehabilitation, incapacitation, restoration, building a historical record, preventing revisionism, expressive and didactic functions, crystallizing international norms, general affirmative prevention, establishing peace, preventing war, vindicating international law prohibitions, setting standards for fair trials, combating impunity, and more. Ironically, this idealistic overreach, although usually well intended, has actually contributed to the politicization of the international judicial process.

The …

No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome

Penn State Journal of Law & International Affairs (2012 - Present)

The conduct and quality of investigations pursued by the Office of the Prosecutor of the International Criminal Court have come under increasing scrutiny and criticism from judges on the Court. Criticism is directed at the time and length of investigations; the quality of the evidence advanced in court; the inappropriate delegation of investigative functions, and the failure to interview witnesses in a way that is consistent with the Prosecution’s obligation to conduct investigations fairly under Article 54 of the Rome Statute. This essay explores these criticisms and concludes that the judges are justified in their concerns regarding the Prosecution’s investigative …

Foreword, Claudio Grossman

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Role Of Agricultural And Land Policies In The Failure Of The British Mandate For Palestine, Beth Ann Lynk

History Theses & Dissertations

This study follows the thread of chronic land loss for small and subsistence Arab farmers in Palestine and the key solution repeatedly advocated by the British of intensive agriculture and how it routinely failed only to fuel increased tensions and violence between Arabs and Jews contributing to the reversal of the goal of a unified Palestine under the Mandate. A variety of primary and secondary sources were used to identify the main social patterns and laws during the Ottoman Empire which set up the dynamic of agricultural debt leading to land sales to Jewish immigrants. This pattern is then traced …

The Avenger - March 2014, Naval Air Station Fort Lauderdale Museum

The Avenger

No abstract provided.

Eastern Orthodox Martyrs Of China: Accounts & Images (Boxer Uprising & Beyond), Anthony E. Clark

History Faculty Scholarship

Orthodox in China -- Whitworth University 2014

Westmoreland’S War: Reassessing American Strategy In Vietnam, Gregory A. Daddis

History Faculty Books and Book Chapters

An original and major reinterpretation of American strategy during the Vietnam War which totally reconsiders the generalship of William Westmoreland and offers a more balanced picture of the US Army in Vietnam. The book's thesis that US strategy was more than just 'attrition' confronts decades' worth of historical narratives which argue we lost in Vietnam due to bad leadership and an incorrect strategy

No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome

Faculty Scholarly Works

No abstract provided.

China In Transition: Jesuit Encounters With The Dying Qing Empire, Anthony E. Clark

History Faculty Scholarship

When four French Jesuits first encountered China in the late 1800s, they were unexpectedly swept into the turbulence of a dying empire. In this lecture, Dr. Anthony Clark, considers what it was like to be a Jesuit missionary in China as the Qing empire erupted into the violent Boxer Uprising of 1900. Living in what is today called Hebei, these missionaries struggled to learn Chinese and adjust to Chinese culture, while also maintaining their relationships with their families back in Europe. Dr. Clark will also discuss his recent travels to where these Jesuits lived and died in 1900. When Sts. …

Mexico And Expropriation: The Case Of The German-American Coffee Company, Angela Winters

Anthós

There are many books that have dealt with agrarian issues in Mexico in general terms, five of which I have used for this paper. However, we lack knowledge of the practice of these critical issues, even to this day, and how they were enacted differed from state to state.

American Military Strategy In The Vietnam War, 1965– 1973, Gregory A. Daddis

History Faculty Books and Book Chapters

For nearly a decade, American combat soldiers fought in South Vietnam to help sustain an independent, noncommunist nation in Southeast Asia. After U.S. troops departed in 1973, the collapse of South Vietnam in 1975 prompted a lasting search to explain the United States’ first lost war. Historians of the conflict and participants alike have since critiqued the ways in which civilian policymakers and uniformed leaders applied—some argued misapplied—military power that led to such an undesirable political outcome. While some claimed U.S. politicians failed to commit their nation’s full military might to a limited war, others contended that most officers fundamentally …

La Identidad De Los Carabineros De Chile: The Evolving Identity Of Chile's National Police Force And The 1973 Military Coup, Jeffrey O. Lamson

Honors Theses

This thesis examines the evolution of Los Carabineros de Chile, Chile's national police force, from their origins under Carlos Ibáñez in 1927 until their involvement in the 1973 military coup against President Salvador Allende. Various presidencies primarily used this corps during this period as a weapon against popular mobilization and thus influenced the development of the Carabineros' institutional identity. To explore how this identity evolved, this thesis examines primary sources, mostly in the form of newspapers found in the National Archives in Santiago, Chile, that illuminate the Carabineros' relations with the public. The knowledge of the Carabineros' institutional identity contributes …

Anglo-American Relations Between The 1953 Coup And The 1956 Suez Crisis, Aaron F. Psujek

Masters Theses

The Cold War and global politics brought upheaval to the Middle East in the 1950s. The conflict between the United States and Soviet Union shaped the history of the region at the same time it brought war to Korea. Britain's relationship with the U.S., especially in the Middle Eastern theater, was shaped by the Cold War. British intelligence, political, and press members and agents used the tensions to bring the United States in to help them in the various crises that swept the Middle East in the 1950s. This strategy served to bring the two countries closer together in the …

Punishing Our Own Rascals: Great Britain, The United States, And The Right To Search During The Era Of Slave Trade Suppression, Mark T. Haggard

Boise State University Theses and Dissertations

This thesis examines the relationship between the United States and Great Britain during the era of slave trade suppression in the nineteenth century. Two ideals of international relations came into conflict when Great Britain’s humanitarian drive to rid the world of the international slave trade ran headlong into the United States’ claims to sovereignty under the Law of Nations. Under international maritime law a ship is the sovereign territory of the nation under whose flag it sails; the forcible boarding of a ship is tantamount to an invasion of the country itself. Britain sought to circumvent this rule in the …

Symposium - The U.S.-Iranian Relationship And The Future Of International Order

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

2012-13 Jlia Masthead

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Protecting Shareholders From Themselves: How The United Kingdom’S 2011 Takeover Code Amendments Hit Their Mark, Matthew Peetz

Penn State Journal of Law & International Affairs (2012 - Present)

Kraft’s takeover of Cadbury in 2011 caused considerable uproar in the United Kingdom. The political outcry caused significant amendments to the United Kingdom’s regulatory framework over mergers and acquisitions, the so-called, Takeover Code. These changes to the Takeover Code were made to help relieve pressure on target companies during takeover situations, and to correct the imbalance of power in favor of bidding companies that the political community had perceived during the Kraft-Cadbury takeover. After the changes were made, but before they were implemented, the business community expressed concern that these added regulations would be detrimental to the M&A market as …