Law Commons^™

Sovereign Authority And Rule Of Law: The Effect Of U.S. Use Of Torture On Political Legitimacy, Sydney Bradley

Undergraduate Honors Theses

Governmental sovereignty is created and maintained by mutual respect for the rule of law by the government and citizens. To maintain legitimacy, a government must act within the bounds of the contract that created it. Otherwise, the relationship founded by said contract would be nullified, as would the duties and obligations that flow from that relationship. Torture exemplifies an ultra vires act used by the United States to show the consequences of over-extended authority on political legitimacy and the rule of law. Founded on the philosophies of Hugo Grotius, Thomas Hobbes, and Christine Korsgaard, this research investigates the nature of …

Seeking Asylum In A Modern Society: Global Responses To Latin American Migration, Rebecca Dickinson

Senior Honors Projects

The United States is no stranger to asylum seekers and refugees. The most famous seaport in the country houses a 305-foot-tall statue of a woman bearing a torch with words from the poem The New Colossus by Emma Lazarus etched at her feet: “‘Give me your tired, your poor, /Your huddled masses yearning to breathe free.’”^[1] The Statue of Liberty is a symbolic representation of open arms to immigrants from all walks of life. But if everyone is welcome, why do so few actually gain entrance?

US interventionism policies in the 20th century have defined the lives of millions …

Strategic Litigation And The Evolution Of Regional Human Rights Norms: Cases From Germany And The Netherlands, Cole Kovarik

Honors Theses

This study seeks to fill gaps in our understanding of how private actors participate in international human rights politics by examining civil society involvement in European Court of Human Rights (ECtHR) cases against long-standing democracies. Descriptive analysis of an exhaustive data set of instances of civil society organization (CSO) participation in ECtHR cases against Germany and The Netherlands is complemented by a comparative case study analysis of networks of organizations that mobilized around German and Dutch cases concerning Articles 8 (right to privacy) and 10 (freedom of expression). The data suggest that civil society organizations not only appear before the …

Full Spectrum Space Deterrence: From Laws To Technology, Joshua Carlson

Honors Theses

Conflict in space is becoming an ever-real possibility, with the potential of rendering the space completely useless for future generations. Current talks are centered around limiting or preventing any weapons deployed to space, but this is not the most effective way of dealing with the issue. The focus should shift to agreeing on how nations should act responsibly in space together instead of preventing nations from acting at all. The best way of accomplishing this goal is by improving satellite design, creating agreed upon and understood rules of engagement, fostering widespread cooperation between nations, and choosing not to be the …

Pornography: Social, Emotional And Mental Implications Among Adolescents, William Kelly Canady

National Youth Advocacy and Resilience Conference

This presentation will explain the historical development of pornography. It will highlight four segments: 1- Porn’s impact on brain development of reward pathways, ultimately increasing the appetite for more porn. 2- Porn can be a false substitute for real intimacy, resulting in decreased sexual satisfaction with a real person and increased verbal and physical aggression. 3- Porn promotes sex trafficking, promotes multiple sex partners and reduced STD prevention. 4- A review of interventions available to assist clients in navigating a lifestyle away from pornography.

Is Climate Change A Threat To International Peace And Security?, Mark P. Nevitt

Faculty Articles

This article argues that climate change’s destabilizing impacts require us to look at existing international governance tools at our disposal with fresh eyes. As such, Council climate action cannot and should not be dismissed out-of-hand. As conflicts rise, migration explodes, and nations are extinguished, how long can the Council remain on the climate sidelines? Hence, my call for a re-conceptualized “Council 3.0” to meet the climate security challenges this century.

This article proceeds as follows. In Part II, I describe and analyze the current state of climate science and the climate-security threats facing the world. This includes an analysis of …

Shurooq, Shurooq, Brandi Kilmer, Sherianne Schow, Nicole Taylor, Sasha Sloan

TSOS Interview Gallery

Shurooq fled Iraq and came to the United States when she was 12. Iraq was a beautiful place full of family and celebration. Her brother passed away from leukemia 1 1/2 years prior to coming to the States. Prior to his death, their father took him to Syria to for treatment. He passed in Syria. Although the family had applied for a medical visa to the United States, upon Shurooq’s brother’s passing, they received threats and knew they could not stay. The call came for the visa and all but her mother were able to come. Thankfully her mother arrived …

Ziba, Ziba, Sherianne Schow, Brandi Kilmer, Heather Oman

TSOS Interview Gallery

Ziba, a promising medical student, fled Afghanistan in 2018 due to instability and for her safety. Life was difficult upon arrival in the United States. In Afghanistan Ziba was involved in national and international poetry, math and science competitions. Ziba went from having everything to starting completely over in a new country. Her anxiety and depression became extremely difficult to deal with She reminded herself who she was, what her passions were and in January 2019 started medical school while working part time as a cashier. Her hope for future arriving refugees is to have a mental health network established …

A Review Of Data Protection Regulations And The Right To Privacy: The Case Of The Us And India, Chrisann Campbell

Dissertations and Theses

Since 1948 and the signing of the Universal Declaration of Human Rights, the concept of privacy has grown more complex with the rise of technology and a shift to the internet. In particular, the unregulated use of technologies that can capture individuals' personal data without their knowledge or consent poses a threat to their right to privacy and other additional human rights. The protection of the collection, storing, and transfer of users' personal data against data breaches also ensures that the right to privacy is guaranteed. Through examining two countries, the U.S. and India, on the idea of privacy, personal …

Violence After Victory: Explaining Variation In State Repression Following Contentious Politics, Christopher Wiley Shay

Electronic Theses and Dissertations

If conflict onset leads to increases in human rights abuse, how can these abuses be curbed once conflicts have ended? To answer this question, researchers have traditionally focused on a country’s regime type and leaders’ incentive structures. This is insufficient, I argue, because many regimes with obvious incentives to curb repression (especially democracies) fail to do so. In addition to regime-type, therefore, the answer depends on whether a given regime can count on the cooperation of its military and law enforcement institutions, which I refer to collectively as the security apparatus. This is because security agents’ prior experiences usually create …

Challenging The Limitations Of Asserting Jurisdiction: A Case Study Of The South China Sea, Joshua Villanueva

Electronic Theses and Dissertations

The South China Sea dispute challenges the future development of maritime legal order and international law. China’s behavior in the South China Sea challenges widely accepted rules governing maritime jurisdiction worldwide as it tries to expand the limits of its jurisdiction. In China’s view, the Arbitral Tribunal in Philippines v. China also challenged the jurisdiction of the UNCLOS by taking a highly political issue related to sovereignty. This thesis argues that mere rhetorical rejection of China’s actions in the South China Sea will not determine the resolution of the dispute. China’s behavior will be dependent on striking the right balance …

Important Not To Let Hsr Termination Hobble Further Cooperation, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Strong people-to-people ties can help temper political histrionics, moderate negative impact on political ties. The tantalising prospect of being able to leave Singapore and arrive in Kuala Lumpur in just 90 minutes remains a pipe dream after the High Speed Rail (HSR) agreement was terminated last Friday, along with what could have been an important confidence booster to bilateral ties between Singapore and Malaysia.

Batman Saves The Congo: How Celebrities Disrupt The Politics Of Development, Alexandra Cosima Budabin, Lisa Ann Richey

Books and Book Chapters by University of Dayton Faculty

How celebrity strategic partnerships are disrupting humanitarian space: Can a celebrity be a "disrupter," promoting strategic partnerships to foster ideas and funding to revitalize the development field, or are they just charismatic ambassadors for big business? Examining the role of the rich and famous in development and humanitarianism, this book argues that celebrities do both, and that understanding why and how yields insight into the realities of neoliberal development.

Contents:

• Introduction
• Chapter 1. Celebrity, Disruption and Neoliberal Development
• Chapter 2. Narrating the Congo: Dangerous Single Stories and the Organizations that Need Them
• Chapter 3. Choosing the Congo: How a Celebrity …

The Vulnerable Sovereign, Ronald A. Brand

Articles

The connection between sovereignty and law is fundamental for both domestic (internal sovereignty) and the international (external sovereignty) purposes. As the dominant forms of government have evolved over time, so has the way in which we think about sovereignty. Consideration of the historical evolution of the concept of sovereignty offers insight into how we think of sovereignty today. A term that was born to represent the relationship between the governor and the governed has become a term that is used to represent the relationships between and among states in the global legal order. This article traces the history of the …

Built On Borders? Tensions With The Institution Liberalism (Thought It) Left Behind, Beth A. Simmons, Hein E. Goemans

All Faculty Scholarship

The Liberal International Order is in crisis. While the symptoms are clear to many, the deep roots of this crisis remain obscured. We propose that the Liberal International Order is in tension with the older Sovereign Territorial Order, which is founded on territoriality and borders to create group identities, the territorial state, and the modern international system. The Liberal International Order, in contrast, privileges universality at the expense of groups and group rights. A recognition of this fundamental tension makes it possible to see that some crises that were thought to be unconnected have a common cause: the neglect of …

Indigenous Rights In International Law: A Focus On Extraction In The Arctic, Aine Healey Lawlor

Honors Projects

This paper seeks to evaluate the evolution and future of Indigenous rights in extractive industry on a global scale and uses the Arctic both to explore the complexity of these rights and to provide paths forward in advancing Indigenous self-determination. Indigenous rights lack a strong international foundation and are often dependent upon local and domestic regimes, yet this reality is currently shifting. The state of extraction internationally, particularly in the Arctic, is also facing major uncertainty in the coming decades as demand continues to rise. Indigenous rights and the rules governing extractive industry intersect because much of the world’s remaining …

“Time Is A-Wasting”: Making The Case For Cedaw Ratification By The United States, Rangita De Silva De Alwis, Melanne Verveer

All Faculty Scholarship

Since President Carter signed the Convention for the Elimination of All Forms of Discrimination Against Women (the “CEDAW” or the “Convention”) on July 17, 1980, the United States has failed to ratify the Convention time and again. As one of only a handful of countries that has not ratified the CEDAW, the United States is in the same company as Sudan, Somalia, Iran, Tonga, and Palau. When CEDAW ratification stalled yet again in 2002, then-Senator Joseph Biden lamented that “[t]ime is a-wasting.”

Writing in 2002, Harold Koh, former Assistant Secretary of State for Democracy, Human Rights, and Labor, bemoaned America’s …

Anti-Modalities, David E. Pozen, Adam Samaha

Faculty Scholarship

Constitutional argument runs on the rails of “modalities.” These are the accepted categories of reasoning used to make claims about the content of supreme law. Some of the modalities, such as ethical and prudential arguments, seem strikingly open ended at first sight. Their contours come into clearer view, however, when we attend to the kinds of claims that are not made by constitutional interpreters – the analytical and rhetorical moves that are familiar in debates over public policy and political morality but are considered out of bounds in debates over constitutional meaning. In this Article, we seek to identify the …

Environmental Protection, The Military, And Preserving The Balance: “Why It Matters, In War And Peace”, Kurt Smith

Seattle Journal of Technology, Environmental & Innovation Law

International military operations around the world are major actors on the world stage of global pollution. The United States military remains subject to federal, state, and local environmental laws. However, many exemptions exist to assist the military despite its status as a global polluter. Many environmental policies have incrementally developed over the last one-hundred years largely as a reaction to the most extreme circumstances. Scientific knowledge continues to increase our awareness of the lasting impacts of policy decisions relating to the environment, giving rise to the precautionary principle, that notion that we should do no lasting harm, in our care …

Red Scare Or Red Herring: How The “China Initiative” Strategy For Non-Traditional Collectors Is Stifling Innovation In The United States, Bianca Tillman

Seattle Journal of Technology, Environmental & Innovation Law

In 2018, the U.S. Department of Justice launched the “China Initiative” in response to the growing economic and national security threat posed by China. The China Initiative is a sweeping federal plan designed, in part, to protect the United States’ status as a leader in global innovation and scientific discourse. The U.S. is justified in its concern over China’s unfair practices to achieve military, technological, and economic prominence. While U.S. and Chinese intelligence agencies have spied on each other for decades, China has increased both the scope and the sophistication of its efforts to steal secrets from the U.S. in …

The Quality Of Peace In Post-Conflict Situation: A Comparative Study Between Armed Conflicts In Aceh And Bangsamoro, Ikhwan Rahmatika Latif, Dyah Mutiarin, Achmad Nurmandi

Global: Jurnal Politik Internasional

This article investigates the quality of peace in armed conflicts that occurred in the Southeast Asia region. The authors compared the cases of Aceh, where the armed conflict between the Free Aceh Movement or GAM and the government of Republic Indonesia ended peacefully with the Helsinki Memorandum of Understanding, with the conflict in the southern Philippines, where a peace agreement, the Comprehensive Agreement on the Bangsamoro, was successfully achieved between the government of Philippines and the Moro Islamic Liberation Front. This research employed document analysis to analyse the peace settlement documents of both parties and the derivative laws of the …

Indonesia's Involvement In The Afghanistan Peacebuilding Process, Fabian Nur Farizan, Dudy Heryadi

Global: Jurnal Politik Internasional

This article aims to understand and analyse Indonesia's involvement in ensuring peace, especially in peacebuilding efforts in Afghanistan. Indonesia’s commitment to improve its peace efforts in Afghanistan was expressed by President Joko Widodo during his visit to Kabul in 2018. This research used Lederach’s pyramid model of peacebuilding as the primary analysis tool. Lederach’s pyramid model identifies three approaches to peacebuilding, along with the main actors in the population affected by the conflict—namely top leadership, middle range leadership, and grass-root leadership. The results of the study show that Indonesia's involvement in Afghanistan in peace efforts has been carried out at …

The Rise Of Self-Interests: How Shifting Political Goals Changed The Effectiveness Of Dutch Official Development Aid To Bangladesh From 2005 Until 2016, Thomas L. Oomen

Global: Jurnal Politik Internasional

Aid effectiveness has been situated in the central debate of development studies and, particularly, among foreign aid policy making community. As the Netherlands was one of the unique countries which focused extensively on the needs of its recipient, it is important to investigate the Netherlands’ recent practice of its development aid, particularly to Bangladesh and the associated goal ambiguity. This article attempts to answer the question, “to what extent does goal ambiguity in Dutch development aid affect the effectiveness of Dutch development aid given to Bangladesh?” This analysis is based on independent assessments of Dutch official development aid (ODA) to …

Catalan Identity And Paradiplomacy Strategy In Catalonia’S Independence Movement, Windy Dermawan, Akim Akim

Global: Jurnal Politik Internasional

This article seeks to analyse how Catalan identity, within the context of its conflict with the Spanish government, contributes to its foreign relations with the global public through paradiplomacy. This article uses qualitative research method with literature study. It finds that Catalonia, as one of Spain’s autonomous regions, have a distinct history, language, and culture from other Spanish regions. To protect their identity, there have been an emergence of movement for greater Catalan autonomy, even independence. This conflict reached climax on 1 October 2017 when the Catalan government initiated an independence referendum amongst Catalan people, with the majority voted for …

The Moderation Of Frente Farabundo Martí Para La Liberación Nacional’S Economic Orientation In El Salvador, 2009-2019, Petrus Putut Pradhopo Wening

Global: Jurnal Politik Internasional

Frente Farabundo Martí Para la Liberación Nacional (FMLN) was a Marxist guerrilla group, known for its activities in the 1980s and 1990s to seize El Salvador’s government through war. Post-peace accords, FMLN transformed into an electoral political party and successfully won to lead the government of El Salvador in 2009-2019, but then they compromised their economic policies to suit neoliberalism. This article uses Gill and Law’s conceptualisation of the theory of direct and structural power of capital to explain the causes of FMLN’s neoliberalism-compromising economic policy adjustment in 2009-2019. This article finds that El Salvador’s social and political-economy historical dynamics, …

Indonesia’S Trade Diplomacy Through Fta: Analysis On Actors, Processes, And Goals Of Diplomacy, Pantri Muthriana Erza Killian

Global: Jurnal Politik Internasional

The purpose of this article is to examine the various FTAs that Indonesia has been involved in within the last 15 years by looking at the three core elements of trade diplomacy: actors, processes, and goals of FTAs. Based on these elements, this research finds that Indonesia’s FTA diplomacy tends to be dominated by foreign policy interests compared to economic ones, which can be observed through several elements. First, Indonesia’s FTA diplomacy is dominated by state actors and foreign policy players with little involvement from economic players and non-state actors. The numerous FTAs signed through ASEAN also reinforced this domination …

The Role Of Global Civil Society At The Local Level In Climate Change Mitigation: A Case Study Of Earth Hour’S Activities In Malang, Najamuddin Khairur Rijal

Global: Jurnal Politik Internasional

This study examines the role of global civil society at the local level in climate change mitigation. Climate change issue is one of the global issues that is responded at the local level, as the impact of the problem concerns the universal livelihood of the world’s population. This study focuses on Earth Hour’s activities in the Malang region as a part of a global civil society. This research uses global civil society and its role in environmental governance as the analytical framework. The data are collected through documentation studies and interviews. The results show that Earth Hour Malang’s activities have …

Who Upholds Your Human Rights When You Are “Stateless?” Why Couldn’T The Un Protect The Rohingya’S Human Rights?, Hyochan Lee

Student Theses and Dissertations

In 2017, genocide in Myanmar took place against the stateless minority Rohingya Muslims. Why couldn’t the UN protect the Rohingya’s human rights? The international community's efforts to oppose these violations against the stateless people have been only passive. Then, who upholds your human rights when you are stateless? Using chronology, historical institutionalism, and process tracing analyses, this thesis (1) evaluates the UN’s legal regime’s systemic design and capabilities in protecting human rights; then (2) identifies the design flaws of our international human rights regime; and lastly, (3) develops a recommendation to protect all people, stateless or not. Based on both …

Human Migration Rates In Relation To Hdi Scores Of States, Amy E. Docter

Honors College Theses

Migration is a human phenomenon impacting various factors of society, politics, and cultures today that will continue to grow in both domestic and international importance. Despite this profound significance, there are numerous challenges for migration with little control of the flow of populations and limited understanding of the changing trends of migration. Historically, migration has been defined by South-to-North movements, with the main motive being economic opportunities with the allure of developed countries, but many articles today have found more South-to-South movements and myriad other factors influencing migratory decisions. By examining net migration population from 2014 and 2015, in conjunction …

On The Basis Of Sex: Personal Status Law Reforms And Economic Growth, Kylie Bring

Honors Theses

The purpose of this thesis is to analyze how law reform toward gender equity has an impact on economic growth in Arab countries in the Middle East. Personal status law reform granting women economic, social, and personal freedoms is spreading across the region and showing substantial change. Using case studies of major PSL reforms in Tunisia and Morocco, this thesis outlines qualitative and quantitative evidence to support the case that gender equity benefits the economic growth of the given country.