Social and Behavioral Sciences Commons^™

Looted Cultural Objects, Elena Baylis

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In the United States, Europe, and elsewhere, museums are in possession of cultural objects that were unethically taken from their countries and communities of origin under the auspices of colonialism. For many years, the art world considered such holdings unexceptional. Now, a longstanding movement to decolonize museums is gaining momentum, and some museums are reconsidering their collections. Presently, whether to return such looted foreign cultural objects is typically a voluntary choice for individual museums to make, not a legal obligation. Modern treaties and statutes protecting cultural property apply only prospectively, to items stolen or illegally exported after their effective dates. …

Post-Conflict Reconciliation In Ukraine, Elena Baylis

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Reconciliation mechanisms should be a core component of transitional justice in Ukraine. The nature of this conflict as a war justified by claims about history, identity, and legitimacy suggests that there will be a need for post-war reconciliation initiatives. Such reconciliation measures would be intended to enable Ukraine’s Russian, Ukrainian, and other communities to live together constructively within the same state. The goals of social reconciliation also converge with Ukraine’s long-term, political aims vis-à-vis both Russia and the European Union. This paper addresses three types of reconciliation measures that are important for post-conflict Ukraine. Instrumental mechanisms to engage post-conflict social …

Public Ownership And The Wto In A Post Covid-19 Era: From Trade Disputes To A 'Social' Function, Paolo Davide Farah, Davide Zoppolato

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Public ownership is closely bound to the need of the government to protect and guarantee the well-being of its citizens. Where the market cannot, or does not want to, provide goods and services, the State uses different tools to intervene, influence, and control some aspects of the private sphere of expression of its citizens in the name and interest of the collectivity. Although, in the past century, this behavior was accepted as one of the expressions of the public authority and part of the social contract, this perception has shifted partially in accordance with the wave of privatization programs initiated …

Judicial Review Of Directors' Duty Of Care: A Comparison Between U.S. & China, Zhaoyi Li

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Articles 147 and 148 of the Company Law of the People’s Republic of China (“Chinese Company Law”) establish that directors owe a duty of care to their companies. However, both of these provisions fail to explain the role of judicial review in enforcing directors’ duty of care. The duty of care is a well-trodden territory in the United States, where directors’ liability is predicated on specific standards. The current American standard, adopted by many states, requires directors to “discharge their duties with the care that a person in a like position would reasonably believe appropriate under similar circumstances.” However, both …

Statebuilding In The Peace Agreements Of Sudan And South Sudan, Gene Carolan

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This article presents a retrospective analysis of the principal peace agreements to emanate from the North–South conflict in Sudan and the civil war in South Sudan. In doing so, it argues that statebuilding practices dating back to the inception of the Sudanese state continue to inform and undermine contemporary efforts to resolve the conflicts in both countries. The article makes a unique contribution by linking the legacy of peace agreements in Sudan and South Sudan to the crises of governance that plague both countries today. In doing so, it seeks to further the discussion on statebuilding as part of a …

Along The Tevere: A Gastro-Historic Portrait Of The Region, Anke Klitzing

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In June 2009, a group of masters students from the University of Gastronomic Sciences in Italy spent nine days visiting the lands of the Tevere river, travelling from its springs on Monte Fumaiolo in Emilia-Romagna to Rome by way of Umbria and the Lake Trasimeno. This article is a gastro-historic portrait of the lands of the Tevere, linking contemporary social, cultural and economic activities around food and tourism to the rich and long history of the region and highlighting persistent patterns, continuity and change.

Transition Without Transformation: The Legacy Of Sudan’S Comprehensive Peace Agreement, Gene Carolan

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In recent years, the transitional justice framework has expanded to include a broader notion of transformative justice, which strives for socio-political reform in addition to legal accountability. Over the course of two civil wars, Sudan has grappled with various attempts at transition and transformation with mixed results. Though the 2005 Comprehensive Peace Agreement brought an end to decades of North–South conflict, South Sudan’s subsequent descent into civil war has been characterised by a flawed transition and a lack of any immediate transformative potential.

This paper analyses the Comprehensive Peace Agreement’s transitional mechanisms. In doing so, it explores how certain mechanisms …

The International Law Commission's Soft Law Influence, Elena Baylis

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Since the 1990s, the International Law Commission has increasingly produced soft law, such as principles and draft conclusions, in addition to hard law like draft treaty articles This essay explores the implications of the International Law Commission’s transition toward a greater emphasis on soft law. Soft law is an effective vehicle for the International Law Commission’s mission of codification and progressive development of international law; the International Law Commission’s involvement increases the clarity and accessibility of international law norms and promotes a dynamic, synergistic relationship between hard law and soft law that contributes to the effective evolution of international law. …

The Persuasive Authority Of Internationalized Criminal Tribunals, Elena Baylis

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After a period in which it seemed as though hybrid criminal tribunals were waning, proposals for such tribunals are proliferating again. The recent success of the Extraordinary African Chambers in trying Hisséne Habré highlights the resurgent trend toward ad hoc internationalized courts and chambers to try cases of genocide, war crimes, and crimes against humanity. The international community could make strategic choices in designing this new generation of tribunals to maximize their effectiveness. One way that international courts spread their influence is through their persuasive authority. Even if their decisions are not binding on the concerned national courts, by persuading …

Avenging Carlota In Africa: Angola And The Memory Of Cuban Slavery, Myra Ann Houser

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Fidel Castro’s meta-narrative of Cuban history emphasizes the struggle – and eventual triumph – of the oppressed over their oppressors. This was epitomized in Nelson Mandela’s 1991 visit to the island, when his host took him to the northwestern city of Matanzas, and the pair gave speeches titled “Look How Far We Slaves Have Come!” The use of Matanzas as a site of public political memory began in 1843, and the memory of slavery soon became a surrogate for Cuba’s flawed liberation movement. One-hundred and fifty years after the execution of Carlota, one of the enslaved leaders of the Triumvirato …

What Internationals Know: Improving The Effectiveness Of Post-Conflict Justice Initiatives, Elena Baylis

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The field of post-conflict or transitional justice has developed rapidly over the last thirty years. The United States, the United Nations, and many other international organizations, governments, and institutions have contributed to hundreds of international criminal trials and rule of law programs. International staff, known as “internationals,” travel among post-conflict states and international criminal tribunals to carry out these initiatives. In addition to being a field of work, post-conflict justice also constitutes an emergent body of legal knowledge, composed of substantive standards, rules of procedure, best practices, and other elements. Just as the programs and institutions of post-conflict justice have …

South Africa’S History Of Struggle And Liberation, Myra Ann Houser

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Clive Glaser’s The ANC Youth League, Colin Bundy’s Govan Mbeki, and Saul Dubow’s South Africa’s Struggle for Human Rights together contribute to Ohio University Press’ new series, Ohio Short Histories of Africa. The three works fit within the larger set of eight brief monographs, written by eminent scholars in a simple and publicly digestible format. The series provides an entry point for new scholars and the general public to familiarize themselves with contemporary histories in a format that is short and easy to read. At the same time, all three works have many challenges to offer more established …

Function And Dysfunction In Post-Conflict Justice Networks And Communities, Elena Baylis

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The field of post-conflict justice includes many well-known international criminal law and rule of law initiatives, from the International Criminal Court to legal reform programs in Afghanistan and Iraq. Less visible, but nonetheless vital to the field, are the international staff (known as internationals) who carry out these transitional justice enterprises, and the networks and communities of practice that connect them to each other. By sharing information, collaborating on joint action, and debating proposed legal rules within their networks and communities, internationals help to develop and implement the core norms and practices of post-conflict justice. These modes of collaboration are …

Remittances From Puerto Rico: Unsuspected Transnational Locality In Times Of Crisis, Sheila I. Velez Martinez

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This paper looks at immigrant remittances from Puerto Rico as a tool to understand how immigrant communities have faced and engaged the economic crisis. For example, from the data reviewed, it stems that immigrant remittances sent from Puerto Rico do not follow the same patterns as remittances sent from the United States and Europe inasmuch as they seem less affected by the global financial crisis and local unemployment rates. The research conducted also tends to indicate that money transfers from Puerto Rico might allow us to grasp the growing economic transnational relationships that are being maintained by varied immigrant communities …

The Challenges Faced By Portuguese-Speaking Universities In Africa, Stephen Thompson, Jorge Ferrao

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A common challenge faced by members of the Association of Portuguese Language Universities (AULP) and by other higher education institutions around the world is providing access to up-to-date and relevant academic literature. In an age where more research is being published than ever before, institutions need to move with the times and recognise that we should change our approach to tertiary education. This report considers how a university based in a Portuguese speaking country can use e-learning to overcome some of the barriers presented by language in higher education.

Desde Quisqueya Hacia Borinquen: Experiences And Visibility Of Immigrant Dominican Women In Puerto Rico: Violence, Lucha And Hope In Their Own Voices, Sheila I. Velez Martinez

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In this paper, I engage in a discussion of the experiences of Dominican women in Puerto Rico by using their own voices; voices that narrate the construction and deconstruction of their identities. These women have lived through daunting and often deplorable experiences of violence and disenfranchisement, but have also had wonderful stories and experiences along the way. These women in more ways than one “challenge the dominant discourse regarding women’s submission, intuition, and dependence vis-à-vis men.” I propose that while these immigrant women have put their lives on the line for their families and themselves, they are by no means …

From Boom To Doom To Boom: Offshore Financial Centres And Development In Small States, Richard Woodward

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During the 1990s tax havens and offshore financial centres (OFCs) were subject to a string of initiatives designed to raise their tax and regulatory regimes to accepted international standards. Many commentators forecast that this would lead to the demise of OFCs, a worry for the many small states whose economic well being depended heavily on the provision of offshore financial services. Despite this regulatory onslaught many small state OFCs have prospered in the new millennium. This paper seeks to explain this apparent paradox by arguing that (1) international initiatives were riddled with loopholes and exceptions that have been gleefully seized …

Outsourcing Investigations, Elena Baylis

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This article addresses the International Criminal Court’s reliance on third-party investigations in the absence of its own international police force. In addition to cooperation from sometimes reluctant states, the ICC and other international criminal tribunals have come to rely on a network of NGOs and UN entities focused on postconflict justice work to provide critical evidence. This reliance raised problems in the ICC Office of the Prosecutor's first case against Thomas Lubanga. The use of third-party evidence raises questions regarding confidentiality and disclosure, the integrity of the evidence-gathering process, and the equality of arms between the prosecution and the defense. …

Modernization And Cultural Change In China: Links To The 2008 Summer Olympics, Kevin Brennan

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In 2001, the International Olympic Committee awarded Beijing, China to be host of the 2008 Summer games. Though interesting for multiple reasons, the decision to pick Beijing is intriguing partially because it will be just the third city in the modern era of the Olympics to be located in a Third World country. It has long been argued that hosting the Olympics can lead to significant social and economic changes, especially in non-Western locations. This paper, however, examines a different set of changes linked to the upcoming Olympics in China--the cultural dynamics. The main argument is that the rapid modernization …

Reassessing The Role Of International Criminal Law: Rebuilding National Courts Through Transnational Networks, Elena Baylis

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The international community has long debated its role in redressing grave atrocities like war crimes and crimes against humanity. This Article suggests that this debate has focused too much on trials in international and hybrid courts as the primary conduit for international contributions to justice in post-conflict states. It proposes that the international community should look instead to national courts as the primary venue for such trials and to transnational networks as an effective mechanism for international involvement. Key characteristics of this model include: (1) reliance on transnational networks to convey international criminal law and international resources into national settings; …

Tribunal-Hopping With The Post-Conflict Justice Junkies, Elena Baylis

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The field of post-conflict justice is characterized in no small part by international interventions into post-conflict settings. International interveners invest substantial resources toward the goals of post-conflict justice, including creating legal accountability for atrocities and rebuilding local and national justice systems that respect human rights and rule of law. The aims of post-conflict justice and the mechanisms by which the international community can contribute to post-conflict legal institutions and processes have been and continue to be studied intensively.

But while the institutions, processes, and goals of post-conflict justice have been carefully scrutinized, another aspect of international interventions into post-conflict justice …

Parallel Courts In Post-Conflict Kosovo, Elena Baylis

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Even as American attention is focused on Iraq's struggle to rebuild its political and legal systems in the face of violent sectarian divisions, another fractured society - Kosovo - has begun negotiations to resolve the question of its political independence. Kosovo's efforts to establish multi-ethnic rule of law in the context of persistent ethnic divisions offer lessons in transitional justice and in managing legal pluralism for Iraq and other states.

In Kosovo today, two parallel judicial systems each claim sole jurisdiction over the province. One system was established by the United Nations administration in Kosovo, while the other system is …

The Rule Of Law: China's Skepticism And The Rule Of People, Pat K. Chew

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The West believes that without formal legal rules (the rule of law), how society operates is not transparent. This opaqueness in how things get done discourages trade, including foreign investment, which in turn makes overall economic development more difficult. Instead of predictable legal rules, the fear is that the void will be filled with unpredictable and arbitrary human indiscretions. Furthermore, the West believes that the absence of the rule of law makes the basic protection of human and civil rights problematic.

However, the Western view of the rule of law is not the only model. Alternative cultural assumptions about the …

Beyond Rights: Legal Process And Ethnic Conflicts, Elena Baylis

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Unresolved ethnic conflicts threaten the stability and the very existence of multi-ethnic states. Ethnically divided states have struggled to build safeguards against such disputes into their political and legal systems by establishing federal political structures, designing elections to encourage participation, and entering complex power-sharing arrangements, but such measures cannot be expected to prevent all conflict. Human rights and minority rights guarantees likewise have proven unable to accommodate all relevant groups and interests. Accordingly, multi-ethnic states facing persistent ethnic conflicts need to develop effective dispute resolution systems for resolving those conflicts as they arise. This presents an important question: what kinds …

The Victimization Of Juvenile Prostitutes In Ethiopia, Kevin Lalor

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This paper quantifies the victimisation experienced by 30 juvenile prostitutes in Addis Ababa, Ethiopia. Seventy three per cent had been raped at least once and ninety three per cent had been beaten in the course of their work. Only 50% used contraception, resulting in a pregnancy rate of 37%. Findings indicate that prostitution is a highly victimogenic lifestyle, fostered by conditions of extreme deprivation. Policy and practice implications are discussed.

The Sun's Wind, Alexei Leonov

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This book is on display here for educational purposes only.

Unless stated otherwise within this repository collection, all materials are shared under the following Creative Commons license: [Creative Commons Attribution-NonCommercial 4.0 International License].

Written and illustrated in 1977 by Soviet cosmonaut Alexei Leonov.
Published by Progress Publishers in Moscow