Law Commons^™

Silenced Bodies: (En)Gendering Syrian Refugee Insecurity In Lebanon, Jessy Abouarab

FIU Electronic Theses and Dissertations

While there has been a shift in security studies from the security of states to that of people, realpolitik still takes place under the banner of an emerging discourse of ‘refugee crisis.’ Refugee insecurities are (en)gendered and experienced where their depth and breadth pose significant challenges to asylum seekers, neighboring host-states, and humanitarian agencies. To this end, this research captures the unique dynamics of a South-South refugee crisis in Lebanon, in which Syrians residents make up nearly one-third of its population. It applies a transnational feminist framework to trace how refugee security norms get defined, are managed, and how they …

Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat

Penn State Journal of Law & International Affairs

No abstract provided.

Examining The Legality Of The Guantánamo Bay Detention Center According To International Humanitarian Law And International Human Rights Law, Sydney T. Winchester

Honors Undergraduate Theses

The purpose of this research paper is to examine how international humanitarian law (IHL) and international human rights law (IHRL) are applied to the Guantánamo Bay detention center. This paper was completed through the research of international treaties, court cases, and secondary sources that thoroughly discussed issues pertaining to Guantánamo and international law.

This paper first examines the differences between the two laws by looking at the particular roles each is meant to play in the subject of international law, as well as how the two have been applied thus far to the situation at Guantánamo. Second, the paper discusses …

Ratification, Reporting, And Rights: Quality Of Participation In The Convention Against Torture, Cossette D. Creamer, Beth A. Simmons

All Faculty Scholarship

The core international human rights treaty bodies play an important role in monitoring implementation of human rights standards through consideration of states parties’ reports. Yet very little research explores how seriously governments take their reporting obligations. This article examines the reporting record of parties to the Convention against Torture, finding that report submission is heavily conditioned by the practices of neighboring countries and by a government’s human rights commitment and institutional capacity. This article also introduces original data on the quality and responsiveness of reports, finding that more democratic—and particularly newly democratic—governments tend to render higher quality reports.

After Assad: Syria’S Post-Conflict Reconstruction, H. M. Roff

Human Rights & Human Welfare

Simon Adams and Condoleezza Rice warn us that with the portended fall of Syria's Bashar al-Assad, the country could witness even more heinous crimes and, potentially, regional political fallout. These worries are not unfounded. However, what seems to be truly missing in their discussions is any mention of post-conflict reconstruction planning. This is unfortunate, as much handwringing is still occurring over "what to do" in Syria, and it will continue until there is a clear vision of what to do after this civil war. Syria's post-conflict reconstruction plan is—or should be—inherently tied to its current operational agenda.

Cyberwar And International Law: An English School Perspective, Anthony F. Sinopoli

USF Tampa Graduate Theses and Dissertations

Cyberwar challenges future endeavors of state security. As technological capability has improved, and access to information has become more widespread the importance of the issue in today's ever-globalizing world grows each day. A primary objective is to evaluate the place of cyber-warfare against nation-states and any repercussions under an international law paradigm. Utilizing an English School perspective, emphasis will be applied to the argument that disruptive circumstances could come to fruition if international conventions are not created to bring consensus and order among nation-states on this subject. This study hypothesizes that a future application could be an agreement under international …

Hidetoshi Hashimoto On International Law (Sixth Edition). By Malcolm Shaw. New York: Cambridge University Press, 2008. 1542pp., Hidetoshi Hashimoto

Human Rights & Human Welfare

A review of:

International Law (Sixth Edition). By Malcolm Shaw. New York: Cambridge University Press, 2008. 1542pp.

Illustrating Illegitimate Lawfare, Michael A. Newton

Vanderbilt Law School Faculty Publications

Lawfare that erodes the good faith application of the laws and customs of warfare is illegitimate and untenable. This essay outlines the contours of such illegitimate lawfare and provides current examples to guide practitioners. Clearly addressing the terminological imprecision in current understandings of lawfare, this essay is intended to help prevent further erosion of the corpus of jus in bello. Words matter, particularly when they are charged with legal significance and purport to convey legal rights and obligations. When purported legal “developments” actually undermine respect for the application and enforcement of humanitarian law, they are illegitimate. Although the laws and …

Rebecca Root On Banning Landmines: Disarmament, Citizen Diplomacy, And Human Security. Edited By Jody Williams, Stephen D. Goose And Mary Wareham. (Lanham, Md: Rowman & Littlefield Publishers, 2008). 348pp., Rebecca Root

Human Rights & Human Welfare

A review of:

Banning Landmines: Disarmament, Citizen Diplomacy, and Human Security. Edited by Jody Williams, Stephen D. Goose and Mary Wareham. (Lanham, MD: Rowman & Littlefield Publishers, 2008). 348pp.

International Justice And International Politics: Intertwined Paths, David Penna

Human Rights & Human Welfare

A review of:

International Justice in Rwanda and the Balkans: Virtual Trials and the Struggle for State Cooperation. By Victor Peskin. New York: Cambridge University Press, 2008. 272 pp.

and

Building the International Criminal Court. By Benjamin N. Schiff. New York: Cambridge University Press, 2008. 304 pp.

and

The Tokyo War Crimes Trial: The Pursuit of Justice in the Wake of World War II. By Yuma Totani. Cambridge, MA: Harvard University Asia Center / Harvard University Press, 2008. 335 pp.