Diplomatic History Commons^™

The Politics Of Peace For Vietnam: The Paris Peace Conference 1972/1973, Jonathan Lumpkin

Senior Honors Theses

The 1972 Paris Peace Talks between Henry Kissinger and Le Duc Tho brought the American involvement in the Vietnam War to a close by early 1973. The main sticking points theretofore were stipulations in draft cease-fire agreements allowing Northern troops to remain in the South and the National Liberation Front's participation in South Vietnam's government. President of South Vietnam Nguyen Van Thieu adamantly opposed both proposed stipulations lest his power be diluted. Thus, Kissinger had to broker a diplomatic agreement between Thieu and Le Duc Tho which was acceptable to US foreign policy viz. “peace with honor.”

Jlia 3:1 - The Future Of International Criminal Justice

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

No abstract provided.

Learning From Our Mistakes: The Belfast Project Litigation And The Need For The Supreme Court To Recognize An Academic Privilege In The United States, Kathryn L. Steffen

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

Through the Belfast Project, researchers sponsored by Boston College began to compile an oral history of the period of violent political conflict in Northern Ireland known as “The Troubles” in a series of interviews. The interviewees’ participation in the project was conditioned on a strict promise of confidentiality. However, when authorities in the United Kingdom became suspicious that the interviews contained evidence of criminal activity, the United Kingdom, pursuant to a Mutual Legal Assistance Treaty, requested the United States to subpoena the materials on its behalf. Satisfaction of the subpoena would mean not only turning over the interview recordings, but …

National Security And The Protection Of Constitutional Liberties: How The Foreign Terrorist Organization List Satisfies Procedural Due Process, Aaron Schwartz

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

Foreign terrorist organizations pose a real and constantly evolving threat to U.S. national security. The Foreign Terrorist Organization (FTO) List seeks to temper that threat by extending the U.S. government an effective legal tool to identify and sanction members of terrorist organizations and those who support them. At the same time, however, the government must also ensure that its efforts to protect U.S. citizens do not trample constitutionally protected rights. This comment begins by exploring the FTO List's authorizing legislation and the policy and goals of that legislation. The comment then reviews and analyzes a series of cases discussing the …

Third Time’S The Charm: Will Basel Iii Have A Measurable Impact On Limiting Future Financial Turmoil?, Erin Pentz

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

The Great Recession of 2008 caused banking failures around the globe. The Basel Committee on Banking Supervision responded swiftly to create new minimum capital requirements for financial institutions in hopes of preventing additional failures and warding off future crises. Although the new capital standards that Basel III proposes are a step in the right direction, those standards alone will not be sufficient to prevent future bank failures in times of economic decline. Rather, true financial sector stability requires adequate capitalization of all institutions in terms of quality and quantity of capital, a strong regulatory framework, and a limitation on the …

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 …

The Case Of Christmas Island: How International Law Affects The Australian-Malaysian Refugee Deal, Ria Pereira

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

In July 2011, Australia and Malaysia entered into an arrangement in which Australian asylum seekers would be removed to neighboring Malaysia to have their asylum claims processed. Following widespread criticism in the media, Australia’s High Court ruled that such a deal violated Australia’s refuges protection laws. While this ruling should have put an end to the deal, Australia’s Immigration Minister indicated that the agreement might nevertheless be feasible. Policy makers proposed amending Australian domestic immigration laws to allow the deal to go forward unencumbered. A bill to amend Australia’s Migration Act was subsequently introduced. As it currently stands, Australian law …

The Cost Of Fear: An Analysis Of Sex Offender Registration, Community Notification, And Civil Commitment Laws In The United States And The United Kingdom, Kate Hynes

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

Sex offenders are often seen as a notorious group in both the United States and the United Kingdom. The public opinion of the masses has often found its way into the laws which restrict the privacy and freedoms of many sex offenders. This comment will examine the often divergent trends in lawmaking and judicial authority in both countries in regard to sex offender registration, community notification, and civil commitment. Further, the comment will study the lasting effects on the sex offender population and potential civil rights implications.

How Precipitous A Decline? U.S.-Iranian Relations And The Transition From American Primacy, Hillary Mann Leverett

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

This essay is grounded in two basic propositions. The first is that the greatest strategic challenge facing the United States is extricating its foreign policy from a well-worn but deeply counterproductive quest for hegemonic dominance in critical areas of the world, especially the Middle East. The second is that Washington’s handling of its relations with the Islamic Republic of Iran constitutes a crucial test of America’s capacity to put its foreign policy on a more productive and realistic trajectory. Since the Islamic Republic’s founding in 1979, Washington has refused to understand and accept the basic model underlying its political order—the …

The Prohibition On The Use Of Force For Arms Control: The Case Of Iran’S Nuclear Program, Mary Ellen O'Connell, Reyam El Molla

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

International law does not permit the use of military force against Iran to attempt to end its nuclear program. The resort to military force in international relations is covered first and foremost by Article 2(4) of the United Nations Charter. Article 2(4) is a general prohibition on resort to force that includes resort to military force for arms control, including nuclear weapons control. The Charter has two express but limited exceptions to the ban on military force. A state that is the victim of a significant armed attack may use force in necessary and proportional self-defense; the United Nations Security …

Caroline Revisited: An Imagined Exchange Between John Kerry And Mohammad Javad Zarif, James W. Houck

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

In 1837, sailors of Great Britain's Royal Navy sank the American ship the Caroline over Niagra Falls. Great Britain justified the incident the preemptive strike as an act of self-defense. Diplomats of the two nations negotiated a legal framework to guide future preemptive uses of force. In the face of twenty-first century nuclear weapons, however, the Caroline framework seems outdated and impractical. To date, Iran continues to develop their nuclear program, while refusing international inspectors full access to their centrifuges. The United States is committed to keeping a nuclear weapon out of Iran's hands. The United States and Iran …