Social and Behavioral Sciences Commons^™

Climate Security Insights From The Covid-19 Response, Mark P. Nevitt

Faculty Articles

The climate change crisis and COVID-19 crisis are both complex collective action problems. Neither the coronavirus nor greenhouse gas (GHG) emissions respect political borders. Both impose an opportunity cost that penalizes inaction. They are also increasingly understood as nontraditional, novel security threats. Indeed, COVID-19’s human cost is staggering, with American lives lost vastly exceeding those lost in recent armed conflicts. And climate change is both a threat accelerant and a catalyst for conflict—a characterization reinforced in several climate-security reports. To counter COVID-19, the President embraced martial language, stating that he will employ a “wartime footing” to “defeat the virus.” Perhaps …

Climate Change And The Specter Of Statelessness, Mark P. Nevitt

Faculty Articles

What happens when climate change extinguishes entire nations? Neither international nor environmental law has provided a satisfactory answer to this weighty question. Climate change-induced flooding, storm surge, and sea level rise threaten the territorial integrity and habitability of several small island developing states, raising the specter of statelessness. We know that climate catastrophe is coming, but we have failed to take the necessary steps to safeguard several developing nations. This Article argues that innovative legal and policy solutions are needed today to prevent nation extinction tomorrow. I focus on two potential international governance solutions: the U.N. Framework Convention on Climate …

Equality Offshore, Martin W. Sybblis

Faculty Articles

Global governance architecture, crafted by wealthy nations, has perpetuated the subordination of developing jurisdictions. The Article offers a novel and surprising analysis of governance tools used by wealthy countries and inter-governmental organizations to constrain offshore financial centers (OFCs) by focusing on the tools’ disparate impacts on tax havens whose populations comprise predominantly Black and Brown people. With tax haven issues garnering increasing attention, this Article provides a pathbreaking conceptual framework for examining the international tax, crime, and business discourse on OFCs. It also illuminates how the actions of powerful international actors, such as the Organization for Economic Cooperation and Development …

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 …

Law, Growth, And The Identity Hurdle: A Theory Of Legal Reform, Martin W. Sybblis

Faculty Articles

This Article offers a new theoretical approach to understanding resistance to legal change in the corporate and commercial context by introducing the sociological concept of "community economic identity" (CEI) into legal scholarship. I argue that community leaders (typically, but not exclusively, from the political, legal, and business spheres) generate public and recognizable identities-e.g., "Coal Country" or "Motor City"-with respect to some commercial activities. These identities influence how law reform is conceived and deployed within jurisdictional boundaries (i.e., country, state, town, region, etc.). CEI complicates the prevailing public choice narrative regarding the influence of special interests in the law reform process. …

Chai And Conversation: Crafting Field Identities And Archaeological Practice In South Asia, Teresa Raczek, Namita S. Sugandhi

Faculty Articles

In this article, we present examples from four research projects in India that were influenced by the values and ethics of decolonized and participatory research, and shaped by engendered perspectives. Each project built on earlier experiences that forced us to critically examine the ways we engaged with participants, crafted our field identities, and formed relationships. Using insights from linguistic anthropology and attending to intersectional inequalities and the construction of epistemic authority, we showcase how conducting an ethnography of communication and employing tactics of intersubjectivity influenced archaeological outcomes. We argue that close attention to context of communication, identity expression, and intersectional …

Challenges And Opportunities Facing Successful Women In Mocrocco, Maia Hallward, Cortney Stewart

Faculty Articles

Over a decade since the passage of a revised family status code (mudawana)in Morocco, the literature varies in its assessment of the code's impact on women's rights and opportunities. While some studies point to the formal support for gender equality reflected in the revised code, others note that Moroccan women continue to face challenges in the social and symbolic spheres. Drawing on interviews conducted by the authors with women leaders in Morocco in 2016, this paper investigates the opportunities and obstacles these women have encountered in their personal journeys. The paper explores the extent to which elite background, …

Sovereignty And Social Change In The Wake Of India's Recent Sodomy Cases, Deepa Das Acevedo

Faculty Articles

American constitutional law scholars have long questioned whether courts can truly drive social reform, and this uncertainty remains even in the wake of recent landmark decisions affecting the LGBT community. In contrast, court watchers in India—spurred by developments in a special type of legal action developed in the late 1970s known as public interest litigation (PIL)—have only recently begun to question the judiciary’s ability to promote progressive social change. Indian scholarship on this point has veered between despair that PIL cases no longer reliably produce good outcomes for India’s most disadvantaged and optimism that public interest litigation can be returned …

The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt

Faculty Articles

This Article first outlines the myriad national security threats posed by a changing climate, addressing the President’s and Congress’s powers to plan, study, and invest in climate-resilient infrastructure at military installations that are vulnerable to a rise in sea levels. Second, this Article asserts that climate change will stress and test persistent separation of powers concerns at home and abroad. Specifically, the President has less authority to protect military infrastructure domestically in the face of congressional intransigence, but has comparably greater authority as Commander in Chief to respond to climate-induced events abroad. Third, this Article argues that the threat of …

Freedom Of Conscience As Religious And Moral Freedom, Michael J. Perry

Faculty Articles

In another essay being published contemporaneously with this one, I have explained that as the concept "human right" is understood both in the Universal Declaration of Human Rights and in all the various international human rights treaties that have followed in the Universal Declaration's wake, a right is a human right if the rationale for establishing and protecting the right-for example, as a treaty-based right-is, in part, that conduct that violates the right violates the imperative, articulated in Article i of the Universal Declaration, to "act towards all human beings in a spirit of brotherhood." Each of the human rights …

Stateless In The United States: Current Reality And A Future Prediction, Polly J. Price

Faculty Articles

Statelessness exists in the United States-a fact that should be of concern to advocates of strict immigration control as well as those who favor a more welcoming policy. The predominant reasons for statelessness include the presence of individuals who are unable to prove their nationality and the failure of their countries of origin to recognize them as citizens. Migrants with unclear nationality, already a problem for the United States, obstruct efforts to control immigration by the deportation of unauthorized aliens. These existing problems of national identity will increase exponentially if birthright citizenship in the United States is amended to exclude …

Corruption, Public Integrity, And Globalization In South-Eastern European States: A Comparative Analysis, Andrew I. E. Ewoh, Ani Matei, Lucica Matei

Faculty Articles

The last three decades have witnessed a proliferation of studies on the globalization of corruption or convergence of anticorruption strategies. These studies have been motivated by scholarly concerns from various administrative, economic, and political fields. In view of these interdisciplinary concerns, the purpose of this article is to provide a comparative analysis of corruption phenomena and the demand for public integrity because these developments pertain to the discourse on globalization issues in some South-Eastern European nations within the last decade. The article concludes that the differences observed in these countries are due to their level of maturation in the democratic …

Pursuing "Peace" In Israel/Palestine, Maia Hallward

Faculty Articles

Nine years after the outbreak of the second intifada (uprising) in September 2000 and sixteen years after the signing of the Oslo Accords in September 1993, Israelis and Palestinians seem as far as ever from a final status agreement. Diplomatic efforts by the George W. Bush administration - notably the Performance-Based Road Map to Peace and the 2007 Annapolis Conference - avoided the core conflict issues, and delayed such negotiations by emphasizing "provisional" borders. Not only do such tactics allow more time for consolidating "facts on the ground" that can prejudice final status negotiations, but the lack of a political …

Accessing Ict Enabled Content In Low-Income Countries: Think Big, Start Small, And Scale Up, Solomon Negash

Faculty Articles

While the digital revolution has transformed the way many of us work and live, more than half the world's population lives in rural areas that have been shut-out of the digital transformation. Low-income countries have yet to realize the benefits from the digital revolution; therefore, a need exists for innovative and alternative models to overcome the lack of access to knowledge and learning. This paper examines the challenges faced by low-income countries in accessing ICT enabled content and proposes a Big-Small model where low-income countries can harness the ICT revolution. This paper concludes with a discussion on sustainability and future …

Aiding And Abetting: Human Rights Ingos And Domestic Protest, Amanda Murdie, Tavishi Bhasin

Faculty Articles

This article studies the effects of human rights international nongovernmental organizations (INGOs) on domestic antigovernment protest. Unlike mainstream scholarship, the authors argue that human rights INGOs are not simply the magic bullet in orchestrating nonviolent protests; different types of human rights INGO activity have varying effects on protest. Moreover, some human rights INGO activities may lead to higher levels of violent protest. The empirical tests use new data on the activities of over 400 human rights INGOs and domestic nonviolent and violent protest globally from 1991 to 2004. The authors find that increases in human rights INGO activities reflecting a …

Religious Freedom, Democracy, And International Human Rights, John Witte Jr., M. Christian Green

Faculty Articles

Clearly, religion and freedom do not yet coincide in many countries, however rosy their new constitutional claims are as to religious rights and freedoms for all. Apostasy, Blasphemy, Conversion, Defamation, and Evangelization-these are the new alphabet of religious rights violation in a number of regions around the world. Occurring at the intersection of religion and international human rights, these violations are also challenges to the universality of human rights and the democratic institutions that generate and affirm them.

Making History In The Bedroom: Americo-Liberians And Indigenous Liberians Sexual Unions, 1880s- C. 1950s, William E. Allen

Faculty Articles

The article discusses sexual unions between black American settlers and majority indigenes in Liberia. According to the author, these unions forged political alliances between indigenous Liberians and Americo-Liberians, furthered the so-called civilizing mission of the colony, and created space for social mobility. Details related to the different groups living in the region, including indigenous Africans, recaptives who had been taken off illegal slaving vessels and resettled in Liberia, and free and formerly enslaved blacks from the U.S., are presented. Other topics include Christianity, polygamy, and illegitimate children.

Representation In Kenya, Its Diaspora, And Academia: Colonial Legacies In Constructions Of Knowledge About Kenya's Coast, Jesse Benjamin

Faculty Articles

This paper explores the construction of knowledge in Kenya in the context and aftermath of colonialism and underdevelopment. Those communities that were politically and economically marginalized in Coast Province over the past century were also displaced in terms of academic opportunities, resulting in fewer social science scholars from Mijikenda and other non-Swahili communities in both Kenyan and diaspora universities. Underdevelopment studies in Africa and Kenya are briefly reviewed, and the colonial history of asymmetric social relations at coastal Kenya is traced. Finally, key debates over identity and history are examined within this context and shown to be exacerbated by diasporic …

Taiwan's Participation In Inter-Governmental Organizations: An Overview Of Its Initiatives, Chien-Pin Li

Faculty Articles

Emboldened by the ascendance of economic issues on the global agenda and the erosion of security-driven bipolar structures, Taiwan in the late 1980s decided to use its economic advantages for diplomatic gain. Examination of changes in three phases of Taiwan's initiatives indicates that its inter-governmental organization strategies and targets correlate well with domestic politics and external factors.

Characteristics Of The Labor Market And Human Resources Management In The Republic Of Kazakhstan, Bolat L. Tibekov, Janet S. Adams, Nancy Prochaska

Faculty Articles

Kazakhstan, an emerging economy moving from a communist centralized command approach to global market participation, shares issues with other republics in the Common Wealth of Independent States. Competitive advantages that bode well for its successful transition include abundant oil reserves, a developing legal system, and a government that appears to have learned from the mistakes of other CIS nations. However, the Republic has serious problems of population decline, poor infrastructure, and workforce habits incompatible with a market economy. This paper focuses on labor market and human resource issues that must be addressed of Kazakhstan to be competitive in the world …

The East Asian Model Of Economic Development And Developing Countries, Jong H. Park

Faculty Articles

This paper examines the debate on the East Asian model of economic development in light of the different approaches undertaken by different groups of countries (economies) in Northeast Asia and Southeast Asia. The common strengths and weaknesses shared by the East Asian countries (economies) have helped to reinforce the misconception that there is a single East Asian model of economic development. There are, however, significant differences in economic structures as well as development experiences among the East Asian economies, especially between the economic development paradigms of Southeast Asia and Northeast Asia. Nonetheless, one single common thread underlies the differences in …

Domestic Bargaining In Taiwan's International Agricultural Negotiations, Chien-Pin Li

Faculty Articles

Development literature often depicts development as a transitional process in which agriculture is marginalized while resources are transferred to growing nonfarm sectors, through either voluntary exchange or involuntary coercion. The conventional analysis of Taiwan's agriculture and its role in economic development generally attests to this model.-1 Prior to the 1970s, as the backbone of Taiwan's economy and the major earner of foreign currencies, agriculture accounted for more than 40% of the total employment and over 20% of the net domestic product (NDP). But a series of programs unfavorable to farmers were put in place so that the government could channel …

Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong

Faculty Articles

Because law and religion are by themselves complex cultural and historical issues, any study of the interaction between the two will be at least as complicated. If one is to understand both a State's current re­ligio-legal regime and what reform measures are most likely to succeed there, it is necessary to understand at least a little of the nation's history and majority religion. Therefore, Part I of this article provides a brief sketch of the principles of the two majority religions at issue in this dis­cussion and an overview of the history of both Israel and Iran. It explains why …

Trade Negotiation Between The United States And Taiwan: Interest Structures In Two-Level Games, Chien-Pin Li

Faculty Articles

No abstract provided.

Options For Market Reforms In China, Penelope B. Prime

Faculty Articles

Most of the former planned economies are in the midst of major economic transitions. In these economies the questions being addressed no longer deal with whether or not they should reform--their very economic survival and future development rest on how to proceed with reform. In the former Soviet Union and eastern Europe, the questions are down to nuts and bolts: how to privatize and encourage market behavior quickly before chaos clouds the situation further. In China, the leadership is attempting to improve efficiency via small scale private ownership and markets while improving the state sector.