Diplomatic History Commons^™

The Full Story Of United States V. Smith, America’S Most Important Piracy Case, Joel H. Samuels

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

This article explores the seminal United States Supreme Court decision of United States v. Smith (1820). Smith, an early piracy case, has influenced developments in both domestic and international law on piracy, universal jurisdiction, and a range of broader themes. This article is the first to explore the context within which the case arose, as well as the circumstances of the case itself. In addition to the details of the case, the story of the men prosecuted for their cruise aboard the vessel known as the Irresistible in the late spring and early summer of 1819 also offers a …

Remarks On Counterstrike, Eric Schmitt

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

After 9/11, the United States government was forced to think differently about terrorism and the nation’s ability to respond to attacks. Eric Schmitt and Thom Shanker address many of the intricacies faced by officials at the White House, the State Department and the Pentagon in their book Counterstrike. In this essay, transcribed from remarks given on March 21, 2012 at the Clarke Forum for Contemporary Issues at Dickinson College, Schmitt discusses how the U.S. government’s policies toward Al Qaeda and terrorism in general have evolved in the ten-year period following the attacks.

Remarks, The Big Picture: Beyond Hot Spots & Crises In Our Interconnected World, Anne-Marie Slaughter

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

The picture of foreign policy as seen by the United States has changed dramatically over the last few decades. The United States now faces a world far more interconnected and integrated than the foreign policy landscape of the Cold War and its immediate aftermath. Instead of one or two super power centers, the world today is made up of multiple global and regional power centers. This essay, transcribed and adapted from remarks given by Anne-Marie Slaughter on March 15, 2012, at the Dickinson School of Law of the Pennsylvania State University, examines the shift to a multi-polar world of foreign …

International Order After The Financial Crisis, Harold James

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

How is international order built, and how is it legitimate, in a world in which political and economic foundations are rapidly shifting? What are the consequences of the rise of major new powers for the structure and the functioning of the international system? Great wars or great financial crises have in the past led to disorientation about the moral foundations of society, domestically and internationally. The paper examines parallels with the Great Depression, and in particular the weakening of multilateralism and of small political units, and the strengthening of large powers with hegemonic claims. The paper then turns to an …

The Growing Dark Side Of Cyberspace ( . . . And What To Do About It), Ronald Deibert

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

Cyberspace – the global environment of digital communications – surrounds and embodies us entirely, 24 hours a day, 7 days a week. We are always on, always connected: emailing, texting, searching, networking, and sharing are all now as commonplace as eating, breathing, and sleeping. But there is a dark side to cyberspace - hidden contests and malicious threats - that is growing like a disease from the inside-out. This disease has many symptoms, and is being reinforced by a multiplicity of disparate but mutually reinforcing causes. Some of these driving forces are unintended byproducts of the new digital universe into …

The Rise Of Transparency And The Decline Of Secrecy In The Age Of Global And Social Media, P.J. Crowley

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

News reporting of a wide range of sensitive government policies, operations, and internal deliberations has raised understandable concerns that U.S. national security is being compromised. In response, there is an increase in investigations and prosecutions and proposed legislation to plug government leaks. But a broader reality may be at work. In the increasingly interconnected and transparent world of the Internet, Facebook, Twitter, satellite television, WikiLeaks, omniscient cellphones and technology-enhanced revolutions such as the Arab Awakening, governments have lost their ability to control the flow of information. More people have access to more information, with the ability to communicate anything from …

The Balance Of Power, Public Goods, And The Lost Art Of Grand Strategy: American Policy Toward The Persian Gulf And Rising Asia In The 21st Century, Flynt Leverett, Hillary Mann Leverett

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

An important driver of relative decline in America’s international standing is the failure of its political elites to define reality-based foreign policy goals and to relate the diplomatic, economic, and military means at Washington’s disposal to realizing them—the essence of “grand strategy.” For several decades, American policy has been pulled in opposite directions by two competing models of grand strategy. In one—the leadership model—America maximizes its international standing by adroitly managing regional and global power balances and promoting the processes of economic liberalization known collectively as globalization. In the second model—the transformation model—America seeks not to manage power balances but …

Jlia Editorial Board & Staff

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

No abstract provided.

A Blue Thai Affair: The Blue Diamond Affair's Illustration Of The Royal Thai Police Force's Standards Of Corruption, Meghan A. Mcclincy

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

The Blue Diamond Affair, an international jewelry heist, captivated the world’s attention because of its unresolved murders, its implication of law enforcement and public officials from two divergent countries, and the resulting diplomatic tensions between Thailand and Saudi Arabia. The crime also demonstrates the inadequacy of the policies that governed the conduct of the Royal Thai Police Force and how the policies allowed, if not perpetuated corruption within the Royal Thai Police Force. This comment provides an overview of the Blue Diamond Affair, analyzes the Thai criminal statutes and policies, and explores possible remedies for police corruption in Thailand and …

Stop The Money, Stop The Attacks: A Categorical Approach To Achieving An International Terrorist Financing Sanction Regime, Vietlong Nguyen

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

Money allows terrorist organizations to continue their day-to-day operations. Stopping the flow of financial support to terrorist organizations will diminish the intensity and frequency of the attacks and ideally lead to a cessation of such attacks. One country may be able to establish barriers to terrorist financing through government sanctions. These barriers will not stop terrorist financing; but rather, it will divert it to another country. The only way to effectively stop such financing is to implement international standards for terrorist financing sanctions. But as countries differ economically and politically, a solution must accommodate each countries’ unique situation. This comment …

China And The Anti-Counterfeiting Trade Agreement - Acta Faith, Or Act Futility?: An Exposition Of Intellectual Property Enforcement In The Age Of Shanzhai (山寨), Leroy J. Pelicci Jr.

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

This comment presents a snapshot of the current state of intellectual property (“IP”) enforcement in China in light of a controversial new treaty designed to address the illicit, yet by all accounts thriving, industry of trade in pirated and counterfeit goods. Beginning with an overview of IP-intensive industries, this comment highlights the significance and value of this unique form of property, both to individuals and to national economies. This comment then shifts in focus to the areas of commerce most affected by counterfeiting and piracy, discussing China’s prevalent role in the epidemic, and its copycat subculture known as “Shanzhai.” Thereafter, …

Gypsies, Tramps & Thieves: What Europe's Romanies Can Teach The United States About Crime-Motivated Immigration Reform, Allie Sievers

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

This comment proposes that the United States could learn a great deal about the dangers of extreme immigration policy-making by looking to the European states and their dealings with the Romani, specifically the French expulsions of the Romani in 2010. Through this lens, this comment analyzes flaws in the U.S.’ crime-motivated immigration enforcement programs, and argues that the U.S. needs to move quickly to remedy flaws in immigration enforcement before it repeats many of the mistakes that led to the current condition of Europe’s Romanies and creates its own class of un-integrated ethnic minorities.

What Lies Ahead For The Oecd?, Richard Woodward

Books/Book Chapters

The “rise of the rest” has prompted questions about the capacity and willingness of the United States to lead the liberal international order established under its post-war hegemony. Some prophesize that stronger connections amongst emerging powers are the basis for a parallel international order parading different rules, norms and institutions. In contrast, Ikenberry argues that the visionary use of US power has woven capitalist and democratic societies together into a uniquely entrenched “Western” order that is “hard to overturn and easy to join.” Prevailing arrangements will condition the environment within which rising powers make their decisions; nevertheless, by joining the …

Confronting “Indivisibility” In The History Of Economic And Social Rights: From Parity To Priority And Back Again, Roland Burke

Human Rights & Human Welfare

A review of:

Indivisible Human Rights. By Daniel Whelan. Philadelphia: University of Pennsylvania Press. 2010. 269pp.

When Curiosity Kills More Than The Cat: The Perils Of Unchecked Scientific Inquiry, Jamie Shannon

Pomona Senior Theses

This work analyzes the ecological, physical, emotional and health impacts of the US nuclear testing done in the Marshall Islands in the mid-20th century.

The Future Of The Oecd, Richard Woodward

Books/Book Chapters

The Organisation for Economic Co-operation and Development (OECD) is one of the least written about and least understood of our major global institutions. This new book builds a well-rounded understanding of this crucial, though often neglected, institution, with a range of clearly written chapters that:

• outline its origins and evolution, bringing its story fully up-to-date

• present a clear framework for understanding the OECD

• set the institution within the broader context of global governance

• outline key criticisms and debates

• evaluate its future prospects.

Given the immense challenges facing humanity at the start of the 21st century, the need for the OECD …

Culture And Ethnicity's Role In Sino-U.S. Foreign Policy Relations, Richard D. Giles Ii

Seton Hall University Dissertations and Theses (ETDs)

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Context And Demonizing The I.R.A., Ibpp Editor

International Bulletin of Political Psychology

This article questions a consensus that the I.R.A. is largely responsible for the recent suspension of Northern Ireland’s home-rule government by the United Kingdom.

Northern Ireland Peace Talks: Endgames, Padraig O'Malley

McCormack Graduate School General Publications (active until 2013)

With days to go before the Northern Ireland peace talks come to a formal close, things are, to use the immortal words ofFluther in Sean O'Casey's play, The Plough and Stars, "in a state of chasis."

Months of interminable bickering, the unwillingness of some parties to directly talk with others, a process in which it often appears that the key players spend more time trying to get one another thrown out of the process than with trying to bring those who are outside in, the insidious slide to more volatile sectarianism as armed extremists on both sides take random …

Inter-American Indemnity: Internal Security And The Mutual Security Program For Latin America (1951-1961), Robert George Baker

Graduate Program in International Studies Theses & Dissertations

This thesis examines the purpose of U.S. military aid in the American Republics from 1951 through 1961 and proves that concern for internal security became dominant during that period. At first military aid supported hemispheric defense against communist aggression, which Washington orchestrated through mutual defense agreements, but by 1953 maintenance of internal security emerged as the major aim of aid to several Central American nations. In 1956 the National Security Council determined that internal security was a vital goal of the military aid program for Latin America. The ascendance of internal security concerns is described and analyzed in three parts: …

The Journal Of Major George Washington, George Washington

Zea E-Books in American Studies

In October of 1753, George Washington, a 21-year-old major in the Virginia militia, volunteered to carry a letter from the governor of Virginia to the French commander of the forts recently built on the headwaters of the Ohio River in northwestern Pennsylvania. The French had recently expanded their military operations from the Great Lakes into the Ohio country, and had spent the summer of 1753 building forts and roads along the Allegheny River, with the design of linking their trade routes and sphere of influence down the Ohio to the Mississippi. Virginia governor Robert Dinwiddie believed them to be in …