Law Commons^™

Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu

Dissertations, Theses, and Capstone Projects

This dissertation discusses the mobility politics of container shipping and argues that technological development, political-economic order, and social infrastructure co-produce one another. Containerization, the use of standardized containers to carry cargo across modes of transportation that is said to have revolutionized and globalized international trade since the late 1950s, has served to expand and extend the power of international coalitions of states and corporations to control the movements of commodities (shipments) and labor (seafarers). The advent and development of containerization was driven by a sociotechnical imaginary and international social contract of seamless shipping and cargo flows. In practice, this liberal, …

Bearer Negotiable Instruments: Addressing A Financial Intelligence Gap And Identifying Criminogenic Weaknesses, Hollis B. Kegg

Dissertations, Theses, and Capstone Projects

Bearer Negotiable Instruments (BNI) are a long-standing category of financial instruments used to transfer large amounts of money in ways that may not be subject to regulation, reporting, tracking, review, or oversight. There is limited information available on BNIs, and no evidence that any studies have been undertaken on BNIs alone, much less reported. Increasingly, BNIs are being used for illegal purposes including money laundering. This study gathers information about their characteristics, nature, purpose, legal status, and numbers. It also focuses on the crime risks associated with BNIs, the crime opportunities they facilitate, and the criminal weaknesses in the financial …

Social Contract Theory And Transitional Justice: A Philosophical Approach To A Problem Of Global Importance, Brendan Moriarty

Dissertations, Theses, and Capstone Projects

In this thesis, I seek to bring together two areas of scholarly work to see how each can inform the other: social contract theory and transitional justice. The social contract, as it exists and as it was theorized about by Rousseau, was born from the world-historic forces that spread capitalism across the globe, stirring up nationalism everywhere it went. In its wake, there was vast inequality and new legal regimes which protected the hoarded wealth of the capitalist class by enshrining the right of private property along with life and liberty. To examine the intricacies of transitional justice and its …

The Origins Of The Jones Act Of Puerto Rico, Stephanie Mercedes

Dissertations, Theses, and Capstone Projects

After the Spanish-American War that ended in 1898, Puerto Rico was given to the United States by Spain as a war booty, becoming a US colony. The first law ever created by the United States to control Puerto Rico was the Foraker Act (also known as the Organic Act of 1900). This established a civilian government in Puerto Rico. It also extended the federal government rulings to the island. After its creation, the Puerto Rican population began to wonder what their political status was since nothing was concretized until the Jones Act was signed. The Merchant Marine Act of 1920, …

Between Politics And Morality: Hans Kelsen's Contributions To The Changing Notion Of International Criminal Responsibility, Jason Kropsky

Dissertations, Theses, and Capstone Projects

The pure theory of law analyzes the legal normative basis of jurisprudence. According to its author, Hans Kelsen (1881-1973), the study of law as a science can only arise once “alien elements” associated with sociology, politics, ethics and psychology are extracted from strict legal cognition. But what happens when the international sphere of law that possesses the special quality of holding state officials accountable for core international crimes requires intrusion by extra-legal sources? Does Kelsen’s structural edifice collapse? Or is it reconstituted? In examining how international criminal responsibility, a test case for Kelsen’s positive law claims derives its legitimacy, this …

Private Funding Of The United Nations, Consequence And Future Of The World Intergovernmental Organization, Kossi H. Hator

Dissertations, Theses, and Capstone Projects

The continuous financial crisis of the United Nations has been one of the of the major issues in the world’s international organization history. For more than forty years, the UN has been continually crippled by unceasing financial difficulties. Repetitive cash-flow emergency, difficulties in collecting member states’ contributions and to pay its debts have become major concerns. Moreover, the necessity to carry on its mission, and to promote peacekeeping and other social programs have been compromised. No matter what the case may be, the future and fate of the organization lays in the hands of the richest and powerful state members, …

Power And Proximity: The Politics Of State Secession, Elizabeth A. Nelson

Dissertations, Theses, and Capstone Projects

State secession is a rare occurrence in the international system. While a number of movements seek secession, the majority fail to achieve statehood. Of the exceptional successes, many have not had the strongest claims to statehood; some of these new states look far less like states than some that have failed. So what accounts for these secessions? I argue that the politics of regional actors drive the process. If a secessionist movement does not have the support of actors in the region, it will not achieve statehood. There are three mechanisms through which regional actors can determine outcomes: (1) they …

Better Work And Global Governance, Paul Alois

Dissertations, Theses, and Capstone Projects

This dissertation is a case study of Better Work, a program run by the International Labor Organization and the International Finance Corporation. It aims to improve working conditions and productivity in the apparel industry. The purpose of this case study is to examine the role that international organizations can play in global governance. The research presented here comes from interviews, document analysis, and an examination of quantitative data on factories’ working conditions. In-person interviews were conducted in the United States, Switzerland, Vietnam, and Indonesia; many phone interviews took place with individuals in other countries. Both publicly available documents and internal …

Headhunting: Evaluating The Disruptive Capacity Of Leadership Decapitation On Terrorist Organizations, Ted Clemens Iv

Dissertations, Theses, and Capstone Projects

Leadership decapitation -- the practice of removing a leader from a position of authority through targeted killing (i.e. assassination) or arrest -- has long been a feature of counter-terrorism and counter-insurgency strategies the world over. Still, how effective is the practice of leadership decapitation in actually bringing a halt to, or even impeding, terrorist activity? Can removing top leaders of terrorist enclaves from power disrupt their groups to the point of organizational degradation or dissolution? And lastly, because no two terrorist groups are the same; when a terrorist group experiences leadership loss, how can the group be expected to react? …

A Gender Approach To Vulnerability And Natural Disasters, Ema Izquierdo

Dissertations, Theses, and Capstone Projects

A natural disaster is a major adverse event resulting from natural processes of the earth that overwhelm local response and affect the social and economic development of the affected region. Natural disasters have been seen as situations that create challenges and difficulties mainly of a humanitarian nature. Still, progressively, it has come to be recognized that a gendered approach to humanitarian response is essential for vulnerable populations such as girls and women. Even though information about particular cases is scarce, evidence indicates that women are more likely to die after a natural disaster not because of biological reasons but because …

Counterfeiting: A Challenge To Forensic Science, The Criminal Justice System, And Its Impact On Pharmaceutical Innovation, Pauline Elizabeth Leary

Dissertations, Theses, and Capstone Projects

Counterfeit drugs threaten public health and present unique and complex challenges to the criminal justice system and the field of forensic science. Theft of intellectual property in the pharmaceutical industry has caused sickness and death, and it is necessary that the perpetrators of these crimes are brought to justice. In some cases, threats to health and safety are short term; in others they are long term. This research describes these threats in detail.

The problem is complex, and there are many important factors that need to be considered to successfully address the problem. Public-health challenges, drug-development challenges, legal challenges, issues …