Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (5)
- William & Mary Law School (5)
- City University of New York (CUNY) (2)
- Liberty University (2)
- Northwestern Pritzker School of Law (2)
-
- Barry University School of Law (1)
- Florida International University College of Law (1)
- Maurer School of Law: Indiana University (1)
- Old Dominion University (1)
- Portland State University (1)
- Saint Louis University School of Law (1)
- SelectedWorks (1)
- University of Denver (1)
- University of Georgia School of Law (1)
- University of San Diego (1)
- University of Tennessee, Knoxville (1)
- University of Washington Tacoma (1)
- Villanova University Charles Widger School of Law (1)
- Washington University in St. Louis (1)
- Publication Year
- Publication
-
- Faculty Publications (3)
- Dissertations, Theses, and Capstone Projects (2)
- Donald J. Kochan (2)
- Faculty Working Papers (2)
- Liberty University Journal of Statesmanship & Public Policy (2)
-
- William & Mary Law Review (2)
- Andres Barreto (1)
- Baker Scholar Projects (1)
- David A. Wirth (1)
- Denver Journal of International Law & Policy (1)
- Evan J. Criddle (1)
- Faculty Scholarship (1)
- Global Honors Theses (1)
- Indiana Journal of Global Legal Studies (1)
- Linda A. Malone (1)
- Mario Diaz Cruz Pamphlets (1)
- SLU Law Journal Online (1)
- San Diego International Law Journal (1)
- Scholarly Works (1)
- Scholarship@WashULaw (1)
- Sociology & Criminal Justice Theses & Dissertations (1)
- University Honors Theses (1)
- Villanova Law Review (1)
- Publication Type
Articles 1 - 30 of 30
Full-Text Articles in Law
Walking The Tightrope: Protecting Research From Foreign Exploitation While Fostering Relationships With Foreign Scientists, C. John Cox
SLU Law Journal Online
In response to extensive foreign efforts to take advantage of U.S. scientific research, especially by the People’s Republic of China, the United States has taken steps to protect its scientific and technology efforts. Although steps to prevent foreign government exploitation of U.S. research are reasonable and justified, the United States should be cognizant of these actions' impact on collaboration with foreign scientists. It is in the interest of the United States to effect policy that fosters relationships with foreign scientists rather than push them away.
Network Tango: Examining State Dispositions Toward Attribution In International Cyber Conflict, Robert Riley Turner
Network Tango: Examining State Dispositions Toward Attribution In International Cyber Conflict, Robert Riley Turner
University Honors Theses
Cyberspace is an environment of international conflict often sought out due to its ability to create significant effects at little cost, and obfuscating the ready attribution of hostility. One avenue toward streamlining the attribution of hostile actions in cyberspace is the introduction of a due diligence of data transparency amongst states. This level of data transparency must somehow be incentivized. The following study surveys the geopolitical dispositions of three major powers that utilize cyberspace as a venue of conflict: The United States, China, and Russia; in order to determine how each nation might interact with an international due diligence of …
The Eagle’S Eye On The Rising Dragon: Why The United States Has Shifted Its View Of China, Jackson Craig Scott
The Eagle’S Eye On The Rising Dragon: Why The United States Has Shifted Its View Of China, Jackson Craig Scott
Baker Scholar Projects
Since 1978, the People’s Republic of China (PRC) has long been viewed as an economic trading partner of the United States of America (US). The PRC has grown to be an economic powerhouse, and the US directly helped with that process and still benefits from it. However, during the mid-2010’s, US rhetoric began to turn sour against the PRC. The American government rhetoric toward the PRC, beginning with the Obama administration, switched. As Trump’s administration came along, they bolstered this rhetoric from non-friendly to more or less hostile. Then, Biden’s administration strengthened Trump’s rhetoric. Over the past ten years or …
Anti-Satellite Tests: A Risk To The Security And Sustainability Of Outer Space, Mckayla Swan
Anti-Satellite Tests: A Risk To The Security And Sustainability Of Outer Space, Mckayla Swan
Liberty University Journal of Statesmanship & Public Policy
In November of 2021, The Russian Federation conducted an anti-satellite test (ASAT), destroying one of their defunct satellites in low earth orbit (LEO). This test, although not the first of its kind, created thousands of pieces of new space debris, threatening LEO satellites and the International Space Station (ISS). Russia’s test has resurfaced discussions on the militarization of space and its long-term sustainability. Absent legally binding multilateral agreements aimed at long-term peace and sustainability in space, the area will continue to develop in a hazardous direction. Therefore, The United States should initiate a multilateral treaty to develop a partial ban …
America's Foreign Policy Response To The Hong Kong China Conflict, Ciera C. Lehmann
America's Foreign Policy Response To The Hong Kong China Conflict, Ciera C. Lehmann
Liberty University Journal of Statesmanship & Public Policy
Hong Kong has been fighting for democracy and to retain its autonomy from China, and the world has been watching. What should the response of the United States be? Hong Kong has been an important economic partner to the United States but is technically under the rule of China, who America has been working to maintain good relations with. In order to determine the course of action for American foreign policy, one must know what its foreign policy has been in the past and its relationships with Hong Kong and China are. Ultimately though, the United States has a moral …
Social Contract Theory And Transitional Justice: A Philosophical Approach To A Problem Of Global Importance, Brendan Moriarty
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 Chernobyl Accident: A Case Study In International Law Regulating State Responsibility For Transboundary Nuclear Pollution, Linda A. Malone
The Chernobyl Accident: A Case Study In International Law Regulating State Responsibility For Transboundary Nuclear Pollution, Linda A. Malone
Linda A. Malone
No abstract provided.
Book Review Of The Riddle Of All Constitutions: International Law, Democracy, And The Critique Of Ideology, Evan J. Criddle
Book Review Of The Riddle Of All Constitutions: International Law, Democracy, And The Critique Of Ideology, Evan J. Criddle
Evan J. Criddle
No abstract provided.
Bridging Gaps Between Constituents And Policymakers In Climate Policy In Washington State, Rebecca Dickson
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, …
Mandatory Multilateralism, Evan J. Criddle, Evan Fox-Decent
Mandatory Multilateralism, Evan J. Criddle, Evan Fox-Decent
Faculty Publications
This Article challenges the conventional wisdom that states are always free to choose whether to participate in multilateral regimes. International law often mandates multilateralism to ensure that state laws and practices are compatible with sovereign equality and joint stewardship. The Article maps mandatory multilateralism's domain, defines its requirements, and examines its application to three controversies: the South China Sea dispute, the United States' withdrawal from the 2015 Paris Agreement, and Bolivia's case against Chile in the International Court of Justice.
Private Funding Of The United Nations, Consequence And Future Of The World Intergovernmental Organization, Kossi H. Hator
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, …
Determining Extraterritoriality, Franklin A. Gevurtz
Determining Extraterritoriality, Franklin A. Gevurtz
William & Mary Law Review
This Article addresses an underexplored but critical aspect of the presumption against extraterritoriality. The presumption against extraterritoriality—which the United States Supreme Court has increasingly invoked in recent years—calls for courts to presume that Congress does not intend U.S. statutes to govern events outside the United States. The most difficult issue presented by the presumption arises when relevant events occur both inside and outside the United States, as in the classic example, if a shooter on one side of the border kills a victim on the other, or if, as in the leading case, false statements originating inside the United States …
The Darfur Name Game: Use Of Realpolitik By The United Nations In Decision-Making And Intervention, Angela Overton
The Darfur Name Game: Use Of Realpolitik By The United Nations In Decision-Making And Intervention, Angela Overton
Sociology & Criminal Justice Theses & Dissertations
Violence has plagued the westernmost region of Sudan, known as Darfur, since 2003. The conflict contains elements of political and ethnic divisiveness, desertification, and resource scarcity. The violence there continues to date. Many have declared genocide in Darfur while others maintain that the conflict is instead a crime against humanity. The labeling of the conflict is critical because this process determines the interventions available. This paper focuses on the decision-making process of the United Nations and its Security Council to determine if the labeling of the conflict impacted the discourse and intervention decisions by those bodies. Discourse analysis results indicate …
¿Acatar O No Acatar El Fallo De La Corte Internacional De Justicia En El Caso Nicaragua V. Colombia?, Andres Barreto
¿Acatar O No Acatar El Fallo De La Corte Internacional De Justicia En El Caso Nicaragua V. Colombia?, Andres Barreto
Andres Barreto
Han corrido verdaderos ríos de tinta sobre las implicaciones del fallo proferido por la Corte Internacional de Justicia (CIJ) en el Caso Nicaragua v. Colombia, sin embargo, más allá de los análisis, unos jurídicos y otros políticos, es preciso preguntarse que sigue en el panorama internacional tras la sentencia.
Persuasion Treaties, Melinda (M.J.) Durkee
Persuasion Treaties, Melinda (M.J.) Durkee
Scholarship@WashULaw
All treaties formalize promises made by national parties. Yet there is a fundamental difference between two kinds of treaty promise. This difference divides all treaties into two categories: treaties that govern the behavior of state parties and their agents fall in one category; treaties in the second category—those I call “persuasion” treaties—commit state parties to changing the behavior of non-state actors as well. The difference is important because the compliance problems for the two sets of treaties sharply diverge. Persuasion treaties merit our systematic attention because they are both theoretically and practically significant. In areas such as international environmental affairs, …
Persuasion Treaties, Melissa J. Durkee
Persuasion Treaties, Melissa J. Durkee
Scholarly Works
All treaties formalize promises made by national parties. Yet there is a fundamental difference between two kinds of treaty promise. This difference divides all treaties along a fault line: Treaties that govern the behavior of state parties and their agents fall on one side. Treaties in the second category — those I call “persuasion” treaties — commit state parties to changing the behavior of non-state actors as well. The difference is important because the compliance problems for the two sets of treaties sharply diverge. Persuasion treaties merit our systematic attention because they are both theoretically and practically significant. In areas …
Globalizing The Environment, David A. Wirth
Attribution Of Criminal Liability A Critical Comparison Of The Us Doctrine Of Conspiracy And The Icty Doctrine Of Joint Criminal Enterprise From An American Perspective, Mark A. Summers
Faculty Scholarship
No abstract provided.
Nicolas V. Romulo: Supreme Court Of The Philippines Rules On Post-Medellin Constitutionality Of A Sole-Executive Agreement Negotiated With The United States, Benjamin Brockman-Hawe
Nicolas V. Romulo: Supreme Court Of The Philippines Rules On Post-Medellin Constitutionality Of A Sole-Executive Agreement Negotiated With The United States, Benjamin Brockman-Hawe
Denver Journal of International Law & Policy
No abstract provided.
The Moral And Legal Basis For Sanctions, Anthony D'Amato
The Moral And Legal Basis For Sanctions, Anthony D'Amato
Faculty Working Papers
In order to analyze the moral and legal basis for sanctions in international relations, we have to begin at a stage where there is no centralized government in place. We first need to get a picture of the range of possible sanctions. Next, we need to see what role sanctions play in the international system. Finally, we turn to the intertwined moral and legal considerations that make well-designed sanctions efficacious in today's world. The fundamental objective of sanctions in interstate relations is to make it expensive for a target state to refrain from doing what the sanctioning state wants it …
The European Court’S Political Power Across Time And Space, Karen Alter
The European Court’S Political Power Across Time And Space, Karen Alter
Faculty Working Papers
This article extracts from Alter's larger body of work insights on how the political and social context shapes the ECJ's political power and influence. Part I considers how the political context facilitated the constitutionalization of the European legal system. Part II considers how the political context helps determine where and when the current ECJ influences European politics. Part III draws lessons from the ECJ's experience, speculating on how the European context in specific allowed the ECJ to become such an exceptional international court. Part IV lays out a research agenda to investigate the larger question of how social support shapes …
The Soft Power And Persuasion Of Translations In The War On Terror: Words And Wisdom In The Transformation Of Legal Systems, Donald J. Kochan
The Soft Power And Persuasion Of Translations In The War On Terror: Words And Wisdom In The Transformation Of Legal Systems, Donald J. Kochan
Donald J. Kochan
The power of words is the power of persuasion. The exportation of the foundational legal principles that helped form the American republic can serve as instrumental "soft power" tools in the war on terror. Efforts promoting projects like the Arabic Book Program are important vehicles to cross-cultural and cross-lingual international relations. This Article argues that an arsenal of words can be as, or more, powerful than an arsenal of artillery. The West has much to offer, but the rest of the world needs to be able to read it without getting lost in translation. Providing linguistic access to the documents …
Circumventing The Supremacy Clause? Understanding The Constitutional Implications Of The United States' Treatment Of Treaty Obligations Through An Analysis Of The New York Convention, Amber A. Ward
San Diego International Law Journal
The United States participation in treaties and other international agreements is becoming more necessary and an increasingly prevalent occurrence as a result of globalization. The rapid pace of technological innovation and more effective means of transportation have caused our world to shrink, making countries even more interconnected. The corresponding explosion of international business and commercial transactions has resulted in high levels of risk and uncertainty due to a complex mix of laws, monetary factors, politics and cultures that vary across countries. For global players, it has become essential to have international agreements that can mitigate the risks inherent in international …
Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan
Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan
Donald J. Kochan
Book Review Of The Riddle Of All Constitutions: International Law, Democracy, And The Critique Of Ideology, Evan J. Criddle
Book Review Of The Riddle Of All Constitutions: International Law, Democracy, And The Critique Of Ideology, Evan J. Criddle
Faculty Publications
No abstract provided.
Ecological Theory And International Relations, Dennis Pirages
Ecological Theory And International Relations, Dennis Pirages
Indiana Journal of Global Legal Studies
No abstract provided.
The Chernobyl Accident: A Case Study In International Law Regulating State Responsibility For Transboundary Nuclear Pollution, Linda A. Malone
The Chernobyl Accident: A Case Study In International Law Regulating State Responsibility For Transboundary Nuclear Pollution, Linda A. Malone
Faculty Publications
No abstract provided.
Sovereign Immunity: The Right Of The State Department And The Duty Of The Court, Penelope Dalton
Sovereign Immunity: The Right Of The State Department And The Duty Of The Court, Penelope Dalton
William & Mary Law Review
No abstract provided.
Law, The Free Peoples, And International Peace, William Gorham Rice
Law, The Free Peoples, And International Peace, William Gorham Rice
Villanova Law Review
No abstract provided.
El Misticismo En El Derecho Internacional Discurso:, José Manuel Cortina
El Misticismo En El Derecho Internacional Discurso:, José Manuel Cortina
Mario Diaz Cruz Pamphlets
pronunciado… el día 19 de Mayo de 1929, con motivo de la colocación de la primera piedra del palacio para el Instituto Americano de Derecho Internacional.