International Law Commons^™

Review Of Dialogue & Dissent: A Constitution In Search Of A Country Kenya, Robert M. Press

The Journal of Social Encounters

No abstract provided.

China In Global Digital Trade Governance: Towards A Development-Oriented Agenda?, Yujia He, Ka Zeng

Patterson School of Diplomacy and International Commerce Faculty Publications

Existing literature on the behaviour of rising powers in global trade governance has yielded inconclusive evidence about their role and impact. This article contributes to this literature by examining China's role in global digital trade governance, an issue area which so far has not received sufficient scholarly attention. Specifically, it addresses the following question: as a self-proclaimed leader of the developing world in digital development, to what extent do its preferences and negotiation approach align with the interests of other developing countries? Analysing China's participation in three sets of negotiations using process tracing, the article argues that China's dual identity …

Consulting To Avoid Kessler, Madison Walker

Space and Defense

The consultation obligation of Article IX from the Outer Space Treaty may be used to create a framework for sharing space situational awareness data, globally, with the intention of facilitating enduring coordination agreements for collision avoidance.

Protecting The Cosmos: Defining Celestial Bodies In The Outer Space Treaty, David Epstein

Space and Defense

Lack of a clear definition of the term “celestial bodies” as used in the 1967 Outer Space Treaty risks exporting legal and political conflict into the cosmos. *This essay is updated from a previously published version and appears here by permission of the Journal of Space Law at Ole Miss.

Atrocity Prevention In The Digital Era: Adapting Norms, Laws, And Code To Changes In The Ways Atrocities Are Committed, David J. Simon, Samhitha Josyula, Joshua Lam, Julian D. Melendi

Genocide Studies and Prevention: An International Journal

Emerging digital technologies have changed some of the ways that genocides are planned and executed. This paper examines those differences, calling attention to how changes in the execution of genocide should prompt a shift in the approaches to atrocity prevention. It develops a conceptual framework addressing how atrocity prevention efforts might adapt to new technology within three realms of potential prevention efforts: the ethical (norms), the legal (laws), and the digital (code).

The Absence Of A Hegemonic State In The Yaounde Code Of Conduct Regime In The Gulf Of Guinea, Maulana Ammar Auliaur Rahman

Global: Jurnal Politik Internasional

In 2013, countries around the Gulf of Guinea established the Yaounde Code of Conduct as a maritime security regime to prevent and counter piracy and other maritime-related problems in the area. It turned out that numerous challenges made the Yaounde Code of Conduct unable to deal with the piracy problem in the area. This research, therefore, aims to explain the Yaounde Code of Conduct’s inability to deal with the problem using the Hegemonic Stability Theory, which is rooted in a power-based approach from international regimes study. By implementing explanative methods, the author argued that the absence of a hegemonic state …

Conflict Related Sexual Violence In Ethiopia: An Applied Approach To Prevention, Liya Yared

Master's Theses

The Ethiopia-Tigray civil war is one of the deadliest conflicts in recent world history and quickly drew international attention for the mass reports of sexual violence, war crimes, and ethnic cleansing by federal militants. Mass rapes and sexual violence were used along ethnic lines to devastate and displace communities in Ethiopia. Despite the signing of the peace agreement in November 2022 to cease hostilities, the sexual violence has not come to an end. The violence has consequently spread to the Afar, Amhara, and Oromia regions, neighboring Tigray. The sexual violence in Ethiopia was core to the armed conflict. Nonetheless, the …

Preventing Conflict-Related Sexual Violence In Ethiopia: An Applied Approach Towards Prevention, Leah Yared

Master's Theses

The Ethiopia-Tigray civil war is one of the deadliest conflicts in recent world history and quickly drew international attention for the mass reports of sexual violence, war crimes, and ethnic cleansing by federal militants. Mass rapes and sexual violence were used along ethnic lines to devastate and displace communities in Ethiopia. Despite the signing of the peace agreement in November 2022 to cease hostilities, the sexual violence has not come to an end. The violence has consequently spread to the Afar, Amhara, and Oromia regions, neighboring Tigray. The sexual violence in Ethiopia was core to the armed conflict. Nonetheless, the …

The Holocaust's Legacy: Influencing Jewish Political Identity, Jordan Eskew

Undergraduate Honors Theses

This thesis addresses the intricate relationship between the historical persecution of the Holocaust and its enduring influence on contemporary Jewish political engagement, a subject of significant contemporary relevance in political and international relations. Despite broad recognition of the Holocaust’s impact, the specific ways in which its memory affects Jewish political attitudes and actions around the world in the modern day have not been sufficiently thoroughly examined. Utilizing qualitative methods, including interviews with 20 individuals—public figures, Holocaust survivors, their descendants, and broader members of the Jewish diaspora— this study focuses on understanding the interplay between historical trauma, community cohesion, and the …

Too Little, Too Late: The Icc And The Politics Of Prosecutorial Procrastination In Georgia, Marco Bocchese

Genocide Studies and Prevention: An International Journal

In August 2008, just days after belligerent parties had reached a ceasefire agreement, the Office of the Prosecutor (OTP) announced the opening of a preliminary examination into the situation of Georgia. Yet, it was only in March 2022 that International Criminal Court (ICC) Chief Prosecutor Karim Khan applied for arrest warrants in relation to three individuals from Georgia’s breakaway region of South Ossetia. That said, how can such prolonged inaction be accounted for? How much blame does the OTP carry for it? And how did ICC-state relations develop over time? This paper conducts a within-case analysis of the situation of …

De-Escalating The United States-China Trade War Using A Global Conflict Resolution Methodology Framework, Angelina Kapp

Undergraduate Honors Theses

How can the United States and China collaboratively de-escalate their current trade relationship using a conflict resolution methodology to foster economic growth and foreign investor confidence in the evolving landscape of global trade? This paper will serve as a guide to those wanting to gain a comprehensive understanding of the macroeconomic causes and impacts of the contentious trade war between the U.S. and China. The year 2018 can be attributed to the start of the war when then-President Donald Trump implemented tariffs on Chinese goods and products. These back-and-forth financial and economic measures have been continually imposed to this day …

The Role Of Transit Countries In Global Wildlife Trafficking, Joseph Gangi

Student Theses

This thesis explores the role of transit countries in the global trade of illegal wildlife. While much research has been conducted on source and destination countries, transit countries remain an under-researched link in this chain, even though they play an integral role in facilitating this trade. This study utilizes the Rational Choice and Institutional Theory theoretical frameworks to examine the factors associated with transit countries' roles in wildlife trafficking. The findings indicate that transit countries play an active role in wildlife trafficking, and there is a need for policy to address this issue. Considering the findings of this study, this …

Where Do Families Come From? The Law Of Family Definition, Katharine Baker

BYU Law Review

Why does the law recognize families? Sometimes family recognition serves to foster cooperative communities in which sharing norms, more than the market or the government, determine rights and obligations. These communities often take care of dependents and serve as important sources of individual self-determination and pluralism. At other times, family delineation serves a corrective purpose, when it forces family members who are not sharing with each other to do so. At still other times, family delineation serves a distributive purpose, as when the law uses “family” definition to distribute resources to determine an intended beneficiary. This use of “family” for …

“Home Court Advantage: Comparing International Criminal Tribunals To Domestically-Grown Reconciliation”, Elise Treon

Honors Thesis

Scholars have studied wars and their causes for centuries, but what happens when the tanks roll out and the guns stop firing? The concept of reconciliation is a relatively new field of study in international relations, and the scholarship of specific transitional justice mechanisms remains underdeveloped. I comparatively analyze the differences between external and internal peacebuilding strategies – specifically the effectiveness of international tribunals in establishing long term deep reconciliation. In defining internal and external transitional justice mechanisms, I differentiate between a reconciliation process that prioritizes rebuilding citizens’ lives over one that prioritizes the desires of the international community. It …

The Development Of International Law In Relation To Crimes Against Humanity, Nikki Redelijk

Global Tides

This paper will look at the development of international law in relation to crimes against humanity. First, juridically applied at the Nuremberg Trials, crimes against humanity has historically offered a compelling juxtaposition between naturalist and positivist law. Hence, this paper attempts to shed light on these juxtapositions, as seen by the respective arguments taken up by the Allies and Germany at Nuremberg. Likewise, this paper will illustrate the complexities within the definition itself. Finally, this paper will clarify the differing definitions taken up at the various tribunals following Nuremberg, leading up to the Rome Statute. It is a hope, that …

What Figures Lurk On Madame Elysé’S Path? Reflections On Philippe Sands’ The Last Colony, Diane Marie Amann

Scholarly Works

One person’s life forms the core around which Philippe Sands’ The Last Colony explores the events leading up to the advisory opinion on the Legal Consequences of Chagos Archipelago from Mauritius in 1965. That person is Liseby Bertrand Elysé, who was born in 1953 in Chagos, then forcibly removed to Mauritius in 1973. Her efforts to return home eventually brought her to a 2018 hearing at The Hague, where she spoke to the International Court of Justice bench by means of a subtitled video. This essay, which appears in a symposium issue on Sands’ book, investigates the ethics, the effectiveness, …

What's Next: How And Why States Strengthen Treaties Through Deepening Commitments, Joseph Maestas

Dissertations and Doctoral Documents, University of Nebraska-Lincoln, 2023–

States take many post-ratification actions with most designed to weaken the application of the treaty against the state. However, nearly all treaties offer ways for states to strengthen it: deepening commitments. Deepening commitments are optional post-ratification actions that allow a state to strengthen and shape implementation of the treaty. This dissertation examines deepening commitments through analysis the Convention on the Rights of the Child (CRC), the Rome Statute of the International Criminal Court (Rome Statute), and the Convention on Certain Conventional Weapons (CCW).

In Chapter 2, through a typology and process tracing cases, I argue that states influence international law …

Protecting The Beanstalk: Folklore As Traditional Cultural Expressions, Ainsley E. Marlette

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Multiple Proceedings And Abuse Of Procedure On Bri Disputes, Mariam Gotsiridze

Research Collection Yong Pung How School Of Law

This article argues that specific mechanisms and best practices should be adopted by different players in the Belt and Road Initiative (BRI) dispute resolution ecosystem to mitigate the risks of multiple proceedings and abuse of procedure. Specifically, (i) states should enhance their multilateral and bilateral treaty practices; (ii) arbitral institutions should enhance their arbitral rules as well as cooperate with each other; and (iii) states should direct more efforts to dispute prevention and amicable dispute settlement. This article will explain what these best practices and mechanisms are.

Drawing The Line Of Scrimmage: Global Perspective Of Daily Fantasy Sports In The Advertising Space, Michael Sekich

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Budding Solutions: Weeding Out Obstacles To Bankruptcy Protections For Marijuana Ventures, Jessica Lowen

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Environmental, Social, And Governance (Esg) Reporting: Attempting To Bridge The Gap On Reporting Standards And The Need For Uniform Standards, Emilee Kula

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Data Privacy And China's “Super App” Wechat, Wan Li

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Trips Trap Revisited, Roya Ghafele, Adam Chaddock

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Sovereignty As Responsibility With References To The Framework Of R2p, Tor Dahl-Eriksen

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Foreword

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Table Of Contents

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Dedication

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu

Dissertations, Theses, and Capstone Projects

This dissertation discusses the mobility politics of container shipping and argues that technological development, political-economic order, and social infrastructure co-produce one another. Containerization, the use of standardized containers to carry cargo across modes of transportation that is said to have revolutionized and globalized international trade since the late 1950s, has served to expand and extend the power of international coalitions of states and corporations to control the movements of commodities (shipments) and labor (seafarers). The advent and development of containerization was driven by a sociotechnical imaginary and international social contract of seamless shipping and cargo flows. In practice, this liberal, …

Legal, Policy, And Environmental Scholars Discuss Global Food Systems At Indiana Law Symposium, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The Indiana University Maurer School of Law and its Indiana Journal of Global Legal Studies are hosting scholars from around the country Friday and Saturday (Jan. 19-20) for an interdisciplinary discussion on one of the world’s most prevalent problems—food insecurity.

Data from the World Bank estimate more than 780 million people around the world suffered from chronic hunger in 2022. As climate change affects agricultural production and water accessibility, the problem could worsen in coming years.

“A Fragile Framework: How Global Food Systems Intersect with the International Legal Order, the Environment, and the World’s Populations” will bring together legal, policy, …