Law Commons^™

International Commercial Arbitration Law And Practice In Thailand, Parada Kaewparadai

SJD Dissertations

International Commercial Arbitration is one of the essential mechanisms that support and facilitate international trade transactions, especially when the parties are from different nations. Since it is an alternative dispute resolution that provides a final and binding award that is enforceable through the national courts mostly everywhere around the world, it becomes the most popular dispute resolution for international enterprises. Arbitration has been in existence in Thai Laws for centuries, but its role has been minimal as litigation is the primary adjudicate method of the country. However, in the past twenty years, arbitration has been developing rapidly since Alternative Dispute …

The G5 Sahel: An Insufficient Organization For A Failed Region?, Beder Dine El Khou

Graduate Program in International Studies Theses & Dissertations

In the wake of mass kidnapping and terrorist attacks launched by Boko Haram and other extremist groups in the Sahel of West Africa, along with the rise of the Islamic State in Libya that started to have immediate impact on the Sahel’s already problematic situation, five states from the region of Sahel decided to create a coalition in 2014 not only to fight insurgencies rampaging in the area but also to work on the development of the region. With a very small capacity in terms of man power and equipment, the G5 Sahel coalition attempts to achieve what other intervening …

Targeting Civilians, Daniel Ivo Odon

SJD Dissertations

No abstract provided.

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, …

Analysis Of The Impact Of International Maritime Laws And Regulations On China's Ocean Fisheries, Canyang Gao

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Improving Civilian Protection During War Through Conflict-Specific Behavioural Regulation Of Combatants, Kirsten Md Stefanik

Electronic Thesis and Dissertation Repository

This thesis advances the claim that there is a gap between the regulation of behaviour for the protection of individuals in peace and the regulations needed to protect civilians from combatant violence during war. Social psychology and criminology theories can help to develop the necessary conflict-specific behavioural regulations. This is because social psychology and criminology theories can explain how combatant deviance is adversely affected by psychological processes that reframe combatants’ conceptions of right and wrong and, in so doing, fundamentally alter the way in which combatants view the IHL rules intended to protect civilians. This thesis uses legal doctrinal methodology …

The Future Of War: Cyber-Attacks And Aggression In International Law, Jamie Hogan

University Honors Theses

Cyber-attacks are becoming more advanced, and more dangerous, but can these simple lines of code be considered acts of war? My research looks at cyber-attacks through international law framework regarding jus ad bellum, the resort to war. After looking at cyber-attacks through this lens, it is possible to declare certain types of cyber-attacks as acts of aggression, and ultimately allow states to invoke their right of self-defense in response to these attacks. My research will then address the need for international law regulating these new weapons of war.

Ethics Or Law: Which Should Prevail In Conflicts Regarding The Restitution Of Nazi-Looted Art?, Anthony Caruso

Seton Hall University Dissertations and Theses (ETDs)

Museums and sovereign states often face a dilemma when confronted with a claim seeking restitution of Nazi-looted artwork. The assertion of legal technicalities may allow an institution to maintain possession of its artwork whereas ethics would dictate its return. This paper discusses three cases where legal technicalities take precedence over ethics. This conflict demonstrates the need to have such disputes addressed in a forum other than a court system.

Bridging Gaps Between Constituents And Policymakers In Climate Policy In Washington State, Rebecca Dickson

Global Honors Theses

Climate change is one of the preeminent concerns of our time. As nation-states around the world face rising sea levels, pollution, political instability, and a rise of national security concerns due to climate instability, greater international cooperation is needed in order to target and adapt to cross-border issues. However, international political action is often reliant upon a national support for that action, especially when national officials rely on the support of their citizenry, such as in democracies, like the United States.

In order to understand how countries such as the United States make decisions on the domestic and international level, …

Are Canadian Cyber Security Related Laws Sufficient To Deal With The Reality Of Today’S Threats, Peter Hanycz

Mathematics and Computer Science Capstones

Cyber security is one of the growing concerns across the 21^st Century world. For the private sector, proper cyber security allows organizations to protect themselves against the increasing threat of cyber-attacks. These businesses play a critical role by implementing robust security infrastructures that ensure, to the extent possible, the protection of personal and corporate data. At the same time, governments have a major role to play in influencing the decisions that organizations make, especially as it relates to customer data. The current privacy and cybersecurity landscape in Canada has developed over time as a way to hold organizations accountable …

Nation State Involvement In Cryptocurrency And The Impact To Economic Sanctions, Thomas Clautice

Economic Crime Forensics Capstones

With all the terms and evolving definitions of distributed ledger technology, blockchain, cryptocurrency, and digital currency, it is no wonder they have caused disruption and confusion to the current state of economic sanctions. Sanctioned individuals and countries may actively seek to evade the regulatory oversight of transactions that are completed in the United States dollar using cryptocurrency. The United States and the United Nations have used economic sanctions as a tool of encouragement, and punishment, for decades in the traditional banking and financial services space. Cryptocurrency has not easily fallen under this regulatory environment due to its decentralized nature, and …

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, …

Money Laundering Through Cryptocurrencies, George Forgang

Economic Crime Forensics Capstones

Bitcoin, the world’s first cryptocurrency, was first introduced in 2009, by Satoshi Nakamoto. While many believe the name is a pseudonym, and the true identity of the creator(s) is unknown, it is an undisputed fact that cryptocurrencies have introduced an indelible change to monies worldwide. Consequently, cryptocurrencies have also introduced a plethora of new opportunities for money laundering activity.

While cryptocurrencies follow the same three-step laundering process of placement, layering, and integration, the activity can be more difficult to detect due to the anonymous nature of cryptocurrencies. Moreover, while traditional schemes such as smurfing or gambling at a casino are …

Protecting The Rights And Interests Of Sukuk Holders From The Risks Of Default/Counterparty, Bankruptcy And Shari'ah Reality, Development And Challenges (Special Attention To Saudi Arabia), Omar Aloudah

Maurer Theses and Dissertations

The Sukuk markets, including the Saudi Arabian market, involve a variety of risks, the most important of which are credit and bankruptcy risks. This relatively new industry should be responsible for protecting the interests of potential Sukuk holders, whether individuals, financial institutions or banks, from credit and bankruptcy risks in order to maintain the reputation of these Islamic investment financial instruments and to increase their pace of growth. This dissertation highlights the negative effects of default on investors in Sukuk and highlights Shari’ah restrictions on various treatment options. We aim to examine the current efforts, with special attention to the …

Peacekeeping Operations In West Africa: Mechanisms Of Cooperation Between The United Nations And Ecowas With The Case Studies Concerning The Crises In Liberia And The Gambia, Serigne Cheikh Modou Kara Cisse

Dissertations and Theses

The African continent has significantly suffered from a great number of civil wars and armed conflicts since the beginning of the independence era in late 1960s. On May 28, 1975, the creation of a regional The African continent has significantly suffered from a great number of civil wars and armed conflicts since organization in West Africa called the Economic Community of West Africa States (ECOWAS) took place. The intent was to achieve "collective self-sufficiency" for its member states by building a full economic and trading union. In the late 1990s, the maintenance of peace and security in the region was …

Ending Sexualized Violence: International Jurisprudence, Nicole Greenberg

Scripps Senior Theses

Sexualized violence continues to threaten the autonomy of individuals and violate human rights. Scholars debate the effectiveness of international treaties in addressing this problem. The Convention on Elimination and Discrimination Against Women (CEDAW) of 1979 requires ratifying countries to uplift equality and denounce discrimination of women nationally, in public and private spheres. Examining Bosnia and Herzegovina as a case study shows the effectiveness CEDAW has in creating political and social change. In addition, the Bosnian War illustrates the threat sexualized violence has on individual autonomy. Findings show that CEDAW and grassroots feminist activism are successful together in advocating for social …

Earth Alienation And Space Exploration: Uncharted Territory For Sociology, Sam Arroyo

Senior Projects Spring 2019

Senior Project submitted to The Division of Social Studies of Bard College.

Island Invasion: The Silent Crisis In Hawaii, Sophia Janssen

Pomona Senior Theses

Keeping out invasive species may, upon first review, seem like a trivial environmental cry from ecologists and deep environmentalists; a belated wish to return to an undeveloped world where nature was pristine. However invasive species create problems that impact all of us and can have far more severe consequences than changing a stunning landscape. These problems are heightened in islands like Hawaii, where the fragile ecosystems have developed over centuries of evolution and adaptation. The introduction of a disease-carrying mosquito can put the people of Hawaii at risk to many vector-born illnesses and create an epidemic, taking human life. The …

It Takes A Village: An Analysis Of Multilateralism And The Legal Mechanisms Designed To Prevent Violence Against Women, Madison Ivey

Scripps Senior Theses

Treaties and international organizations work together to create a global environment that protects the rights of a person and actively promotes the well-being of society. However, they do not necessarily guarantee the rights of everyone. Since women are not explicitly named in human rights documents, they are often not granted equal human rights. Therefore, it takes more than just international legal instruments to guarantee women's rights as human rights. A combination of civil society (NGOs), International organizations (IOs), and domestic government creates a perfect coalition to beat the barriers that must be overcome to fully protect women from violence.

Political Trust In Kosovo: Exploring Cultural And Institutional Dynamics, Ermira Babamusta

Graduate Theses, Dissertations, and Problem Reports

In this dissertation I examine political trust perceptions across different political-legal institutions and actors in Kosovo. I evaluate the levels of political trust using cultural and institutional performance explanations to investigate the key factors that have an impact on political trust. The study explores national political trust and international political trust, considering many domains of political trust: government, political leaders, political parties, Kosovo Courts, Kosovo Police, NATO, United Nations, European Union, and the Kosovo Specialist Court. There is growing concern about lower levels of political trust across Europe, especially in post-communist countries. In this study, I make the case that …

Evolving Conceptions Of Sovereignty As Applied To Membership In International Organizations, Luke C. Radice

CMC Senior Theses

In the current international climate, both nations and individuals increasingly question both the validity and necessity of international organizations. This paper seeks to answer some of those questions, and to determine why countries choose to surrender significant portions of the national power that they are afforded under traditional perceptions of “Westphalian sovereignty”. This question is answered through an analysis of historical political thought on the concept of Sovereignty, then is applied to two case studies: the United Nations and the European Union, in which the benefits and downsides of surrendering sovereignty are discussed. Ultimately, this thesis concludes that the concept …