Law Commons^™

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.

Does The Constitution Follow The Flag? The Paradox Of Puerto Rican Identity And Citizenship, Laura Somoza Velez

CMC Senior Theses

How do identity and citizenship interact? Puerto Rico’s current political status is that of an unincorporated, organized territory of the United States, under the shiny title of ‘Commonwealth.’ Although they have US Citizenship, Puerto Rican residents aren’t protected by the US Constitution. This source of dual identification, American and Puerto Rican, creates a unique circumstance where questions of identity, and belonging naturally arise. In this thesis, I aim to answer how the citizenship condition created in Puerto Rico and how it is experienced measure up to current debates and scholarship surrounding citizenship. Achieved through a historical analysis of the formation …

Narrowing The Scope Of Public Order Payment Under Uae Private International Law: A Critical Study, Mariam Ahmed Alsandal Dr.

UAEU Law Journal

Private international relations are the legal relations of a foreign component, for which the legislator has permitted the application of foreign law to their disputes, which is approved by the Emirati legislator in the Federal Civil Transactions Law No. 5 of 1985 and its amendments, through a set of legal rules known as the rules of attribution contained in texts 10 to 28 of this law. The Emirati legislator also approved the application of the foreign law in the Federal Personal Status Law No. 28 of 2005 and its amendments, stipulating that the litigants or one of them must adhere …

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

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

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 …

Developing Indonesian Perspectives In International Relations: The Argument For “Depok School”, Evi Fitriani

Global: Jurnal Politik Internasional

This article lies arguments to build a “Depok School” in International Relations. The gap between developed and developing countries is visible in practice and the paradigm for understanding the phenomenon of international relations dominated by the perspective of major (Western) countries. Through an analysis of empirical and theoretical developments in the study of International Relations, this paper examines the need for non-Western perspectives.. The mandate from the Preamble to the 1945 Constitution of the Republic of Indonesia provides the axiological basis for a more suitable analytical framework that can capture the unique phenomena of Indonesia and developing countries, which is …

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 …

Congressional Oversight Of Modern Warfare: History, Pathologies, And Proposals For Reform, Oona A. Hathaway, Tobias Kuehne, Randi Michel, Nicole Ng

William & Mary Law Review

Despite significant developments in the nature of twenty-first century warfare, Congress continues to employ a twentieth century oversight structure. Modern warfare tactics, including cyber operations, drone strikes, and special operations, do not neatly fall into congressional committee jurisdictions. Counterterrorism and cyber operations, which are inherently multi-jurisdictional and highly classified, illustrate the problem. In both contexts, over the past several years Congress has addressed oversight shortcomings by strengthening its reporting requirements, developing relatively robust oversight regimes. But in solving one problem, Congress has created another: deeply entrenched information silos that inhibit the sharing of information about modern warfare across committees. This …

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

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

Evan J. Criddle

No abstract provided.

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

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

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, …

Iran And The Constitutionalism: History And Evolution And The Impact On International Relations, Farshad Ghodoosi

FIU Electronic Theses and Dissertations

The sweeping changes in the Middle East, so-called the “Arab Spring”, necessitate revisiting constitutionalism in the region. This task entails a fresh look at the idea of rule of law and constitutionalism amongst the people of the Middle East. One of the widely misconceived and yet understudied constitutional movements in the Middle East belongs to Iran. A new perspective on the trajectory of constitutionalism in Iran would better equip us to comprehend rule of law in the Middle East. From the 1905 Constitutional movement to the 1979 Revolution, Iran has undergone major changes. Each transformation created a rupture with the …

A Mission Of Divine Calling: A Chosen Nation's Crusade Against Evil, Ashley Harrington

The Eastern Illinois University Political Science Review

For decades, political scientists have and continue to theorize about influences on presidential decision-making and policy implementation. Faith and religious analysis however, remain relatively new to the study of presidential politics. This particular research examines two Republican presidents, both Ronald Reagan and George W. Bush, that had vastly different ideas about how to combat nations whose policies limited freedom and liberty.

Legislative Requirements For Cyber Peacekeeping, Nikolay Akatyev, Joshua I. James

Journal of Digital Forensics, Security and Law

Cyber Peacekeeping strives for the prevention, mitigation and cessation of cyber and physical conflicts. The creation of a Cyber Peacekeeping organization, however, has major legal and political implications. In this work we review current international legislation applicable for functions of Cyber Peacekeeping. Specifically, we analyze prominent works which contribute to definitions, law and ethics regulating cyber conflicts from the perspective of the creation of a CPK organization. Legislative and terminological foundations are analyzed and adopted from current practice. Further, this work analyzes guiding principles of global organizations such as ITU IMPACT, INTERPOL and regional organizations such as NATO and the …

Hamed, Hamed, Tsos

TSOS Interview Gallery

Hamed and his family are from Afghanistan where he worked as a diplomat and interpreter for the U.S. Army after having studied international relations and diplomacy. As the situation with the Taliban worsened it became too dangerous for Hamed and his family to stay in Afghanistan. They began the difficult journey with the help of smugglers, first to Iran, then Turkey, and then to Greece in a dangerous, overfilled boat.

Hamed explains the despair and frustration faced by many refugees. They feel as though very little is actually done for refugees once they’re admitted, and explains they need more assistance. …

Rising Tide In The Gulf: The First Gulf War And Its Impact Upon Chinese Strategy, Patrick Griffo

Undergraduate Theses

Observing Chinese foreign policy means looking through a clouded lens. A foggy image can be made out, yet specific details are left undefined. The Chinese reaction to the 1990s First Gulf War is a case in point. The perspective is opaque, yet we can still gather an understanding of important changes in China’s policies. The author provides insights not only into China’s foreign and military policy but also on Chinese-Arab relations. In analyzing China’s reaction to the war, we can see it was indeed a transformative period for China’s strategy in the Arab world. China reacted to the Gulf War …

A Just And Sustainable Solution To The Boat People Predicament In Australia?, Laura Rose W. Donegan

Honors Theses and Capstones

Since the year 2000, there have been close to two thousand deaths of asylum seekers at sea as a result of foiled attempts to travel to Australia in order to seek protection under the United Nations Convention and Protocol on the Status of Refugees.[1] Many thousands more have made it to shore. Growing numbers of irregular or unauthorized migrants attempting to reach the United States and the European Union has long been known as a contentious policy issue in these states, but perhaps less known is the situation on the other side of the Pacific. Australia is the eight-largest …

California's Foreign Relations, Christopher Gaarder

CMC Senior Theses

Globalization has significantly increased the number of stakeholders in transnational issues in recent decades. The typical list of the new players in global affairs often includes non-state actors like non-governmental organizations, multinational corporations, and international organizations. Sub-national governments, however, have been given relatively little attention even though they, too, have a significant interest and ability to shape the increasing flow of capital, goods, services, people, and ideas that has so profoundly influenced the global political economy in recent decades. California, arguably the most significant among sub-national governments – its economy would be seventh or eighth in the world at $2.2 …

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 …

Strengthening The Us Saudi Relationship: Senator Howard Baker Jr. And The Awacs, Ediobong Aniekan Ebiefung

Chancellor’s Honors Program Projects

No abstract provided.

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

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.

Faith, Freedom, And Us Foreign Policy: Avoiding The Proverbial Clash Of Civilizations In East And Southeast Asia, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

In the immediate aftermath of 9/11, the primary weakness of US foreign policy, particularly in Southeast Asia which is home to the largest Muslim community in the world, was that it was driven by concerns over archipelagic Southeast Asia as the “second front” in the “global war against terror.” Military warfare and coercive legislation and enforcement are grossly inadequate in winning the hearts and minds of a community. Religion-wise, Asia is not a tabula rosa. Many religions have long co-existed in Asia. The virtues of religious freedom are not alien to Asia but need nurturing given the dominant imperatives of …

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, …

Legal Norms' Distinctiveness In Legal Transplants And Global Legal Pluralism, Toby S. Goldbach

All Faculty Publications

This paper examines the transnational movement of law and legal pluralism in the transnational domain in order to play with a specific question: whether legal norms are distinctive or whether there is a distinctive way that legal norms operate in practice. The paper engages with the International and considers two empirical domains or sets of disciplines: Legal Transplants and Global Legal Pluralism. Both reflect on the relationships between multiple overlapping legal orders and between "donors" and "recipients" in interactional legal practices. These disciplines point to moments of problem-articulation, periods of translation, and practices of acceptance and recognition. The paper suggests …

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 …