Digital Commons Network^™

The Tension Between Privacy And Security, Susan Maret, Antoon De Baets

Secrecy and Society

No abstract provided.

Administrative Narratives, Human Rights, And Public Ethics: The Detroit Water-Shutoff Case, Richard K. Ghere

Political Science Faculty Publications

This inquiry focuses specifically on administrative (local official) narratives that speak to contentious issue contexts of social conflict. Specifically, it draws upon a theoretical connection between hermeneutics and the sociology of knowledge to interpret narrative passages of local officials and others related to a contentious public action—the Detroit Water and Sewerage District’s stepped-up water-discontinuation efforts (2014 and 2015) that left thousands of inner-city residents with “delinquent” accounts and no access to water service. Selected narratives from this case are interpreted on the basis of their literary and social functions. The interpretations support a subsequent determination of whether and how the …

Book Review: Thieves Of State, Hugh E. Breakey

Genocide Studies and Prevention: An International Journal

No abstract provided.

Curing Violence: Prescriptions For Justice And Peace In Colombia, Marissa Crawford

Dissertations, Theses, and Capstone Projects

As the administration of President Juan Manuel Santos sits across the negotiating table from the Fuerzas Armadas Revolucionarias de Colombia (FARC), justice as a conduit for peace has dominated discourse on remediating the legacy of more than 50 years of internal conflict. Justice, however, like the conflict itself, is contested in both meaning and substance. This thesis will approach the topic of justice from both a human rights and transitional justice perspective, arguing the need for systematically disentangling the concept in its international, domestic, and grassroots iterations. It will contend that transitional justice policy will more effectively be designed if …

Sangar & Nasira, Sangar, Nasira, Tsos

TSOS Interview Gallery

Sangar and his family are from Iran but are originally Turkish. In Iran they faced a psychological war and many problems that stemmed from discrimination. He points out how many are oppressed or discriminated against, but he and his family were singled out for their ethnicity. There was no hope for a bright future, and they decided to flee the country for the benefit of their children.

They fled to Greece through Turkey and had many issues with human traffickers, robbery, a treacherous journey across the sea, and problems in Moria refugee camp where his wife couldn’t get the care …

The Challenge Of Adopting Sexual Orientation Resolutions At The Un Human Rights Council, Eduard Jordaan

Research Collection School of Social Sciences

Since the mid-1990s, UN special procedures reports have increasingly addressed human rights violations related to sexual orientation. However, it was not until 2011 that the first UN resolution on human rights and sexual orientation was adopted. After considerable difficulty, a follow-up resolution was adopted in late 2014. This policy and practice note examines the challenges of adopting sexual orientation resolutions at the UN Human Rights Council. The discussion is organized around six challenges: the need for Southern leadership, the strong counter-reaction that sexual orientation and gender identity (SOGI) issues generate at the UN, finding a strong leader, divisions within civil …

U.S. Policy And Civil Liberties In Cuba: A Qualitative Analysis, Jason E. Mann

Senior Honors Projects, 2010-2019

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On The Poverty, Rise, And Demise Of International Criminal Law, Tiphaine Dickson

Dissertations and Theses

This dissertation in four essays critically examines the emergence of international criminal courts: their international political underpinnings, context, and the impact of their political production in relation to liberal legalism, liberal political theory, and history. The essays conceive of international criminal legal bodies both as political projects at their inception and as institutions that deny their own political provenance. The work is primarily one of political theory at the intersection of history, international relations, international criminal law, and the politics of memory. The first essay questions Nuremberg's legacy on the United States' exceptionalist view of international law and its deviant …

U.S. Congressional Committee Hearings On Korea During The 113th Congress 2013-2014: Overseeing Multifaceted Aspects Of Washington's Peninsular Interests, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Numerous U.S. government agencies are involved in developing and implementing U.S. policy toward Korean Peninsula events, trends, and developments. Those studying U.S. government policies toward this region need to pay particular attention to the role played by U.S. Congressional committees in this policymaking. Congressional committees are responsible for approving new legislation, revising existing legislation, funding U.S. government programs and conducting oversight of these programs. This work examines Congressional committee hearings and debate during the 113th Congress (2013–2014) and reveals that multiple Congressional committees with varying jurisdictions seek to shape U.S. government Korean Peninsula policy and that this policymaking covers more …

Do Human Rights Matter? An Analysis Of Presidential Human Rights Rhetoric From 1993-2014, Nathan Bean

Scholarly Horizons: University of Minnesota, Morris Undergraduate Journal

My research examines how and why American presidents speak about human rights issues around the world, using rhetoric about human rights from the Clinton, George W. Bush, and Obama administrations. I theorized that rhetorical attention to human rights issues would be dependent on the strategic value of the region where the abuses take place, and that the president would shy away from criticizing countries where high numbers of U.S. military personnel were stationed. Using descriptive statistics and a measure of bivariate correlation, I found compelling evidence that presidential human rights attention was influenced by regional location, but only weak evidence …

Some Newly Emergent Geographies Of Injustice: Boundaries And Borders In International Law, Upendra V. Baxi

Indiana Journal of Global Legal Studies

This conversation examines the relationship between the boundaries and borders in international law and the production of geographies of injustice through the lens of the colonial epistemologies, especially of private international law in the face of mass social disasters like the archetypal Bhopal catastrophe. I also address the languages and logics of coloniality and postcoloniality, as states of consciousness and social organization, under the complex and contradictory unity of neoliberalism.

Statehood, Power, And The New Face Of Consent, Sheldon Leader

Indiana Journal of Global Legal Studies

Individuals and groups are often subjected to power, both public and private, by eliciting their consent. Debate usually focuses on whether or not that consent is freely given or is vitiated by imbalances of strength between the bargaining parties. This essay focuses on a different issue, one that is largely passed over in legal and moral analyses: how far does and should consent bind one to accepting in advance changes in the future? There are signs of a fundamental shift in answering this question-a shift that particularly concerns the control of power in the economy. Industrial democracies may be abandoning …

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 …

Burning Bridges: American Security Assistance And Human Rights In Mauritania, Isabel Wade

CMC Senior Theses

This paper examines the intersection between human rights and security assistance in Mauritania. In American security assistance broadly, and within the Trans-Sahara Counterterrorism Partnership specifically, there has been an over-securitization of “whole of government” counterterrorism policy. While the United States recognizes the need to address the social, economic, and political roots of extremism, it has failed to do so in practice. If the United States continues to support Mauritania with conventional security assistance but does not tackle the root causes of extremism, it will ultimately fail in fighting terrorism in the Sahel. In order to succeed, the U.S. government must …

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 …

Examining The Legality Of The Guantánamo Bay Detention Center According To International Humanitarian Law And International Human Rights Law, Sydney T. Winchester

Honors Undergraduate Theses

The purpose of this research paper is to examine how international humanitarian law (IHL) and international human rights law (IHRL) are applied to the Guantánamo Bay detention center. This paper was completed through the research of international treaties, court cases, and secondary sources that thoroughly discussed issues pertaining to Guantánamo and international law.

This paper first examines the differences between the two laws by looking at the particular roles each is meant to play in the subject of international law, as well as how the two have been applied thus far to the situation at Guantánamo. Second, the paper discusses …

Mandela's Dark Years: A Political Theory Of Dreaming, Sharon Sliwinski

Sharon Sliwinski