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Articles 1 - 13 of 13
Full-Text Articles in Social and Behavioral Sciences
State Consent And The Legitimacy Of International Law, David Lefkowitz
State Consent And The Legitimacy Of International Law, David Lefkowitz
Philosophy Faculty Publications
Like all law, international law is a practice of reason-giving, one in which agents invoke legal norms to justify their conduct. Practitioners of inter- national law generally proceed on the assumption that those norms do, in fact, justify the conduct they sanction. Theorists, in contrast, tend to take a more critical stance towards the practice of international law, including the assumption that the law succeeds in providing a justification for its subjects’ conduct. Why treat the claim that international law prohibits Φ-ing as in itself a reason not to Φ? Or using the terminology I will employ in this chapter, …
Law Not War: A Reflection On The Life And Work Of Benjamin B. Ferencz, 1920-2023, Patricia M. Mische
Law Not War: A Reflection On The Life And Work Of Benjamin B. Ferencz, 1920-2023, Patricia M. Mische
The Journal of Social Encounters
Solidarity in this essay is differentiated from collectivism, conformity, group think, herd mentality and mob action. It is defined as a mindful and empathetic choice to work in unity with others to alleviate human suffering and uphold human dignity by advancing systems of greater justice, peace, freedom, and inclusion for all. This form of solidarity is explored through the prism of one person’s life – that of Benjamin Ferencz – and how he used his experience, talents, and skills to develop and promote the international legal framework needed to address and prevent crimes against humanity. It traces his life from …
The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan
The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan
Theses and Dissertations
The emergence of modern-nation states saw the end of the empirical era of exploitation and exercise of inherent racist tendencies towards the 'other'. However, the effect of that colonial system is still ever-present in the creation and governance of these newly independent states. While every new state aims to be 'modern', they adopt the international legal framework of the West as their own - a system they had initially wanted to escape. The concept of Muslim universality in the form of the ummah should have freed Pakistan from the shackles of its former colonial masters. Instead, this phenomenon was replaced …
The Aboutissement Of The Water Crisis And Its Paucity On International Relations, Fatima Bouhlal, Najm Abed Khalaf Aleessawi
The Aboutissement Of The Water Crisis And Its Paucity On International Relations, Fatima Bouhlal, Najm Abed Khalaf Aleessawi
Journal of the Association of Arab Universities for Research in Higher Education (مجلة اتحاد الجامعات العربية (للبحوث في التعليم العالي
The article aimed to explore the impact of water vulnerability and paucity on international relations, creating deep international tensions that are difficult to resolve. The water crisis at the present time is a problem that weighs heavily on the international reality in general, as all countries seek to acquire water, starting from the upstream countries to the downstream countries and finally the downstream countries. The comparative critical approach based on extrapolation, analysis, and comparison of international experiences was adopted, and the strategies adopted by those countries in addressing this problem were adopted. The article concluded that the unilateral use of …
The Artistry Of Mediation: A Look At Mediation’S Effectiveness For Resolving Cross-Cultural Disputes Through The Leonardo Da Vinci Conflict Between France’S Louvre Museum And Italy’S Uffizi Gallery, Sophia D. Casetta
Pepperdine Journal of Communication Research
Art is powerful, as it symbolizes the history and identity of the country that claims it. However, through timely transitions, such as trade and wars, the ownership of meaningful artworks blurs, with museums fighting to claim their heritage to put on honorable display for their people. Mediation can be a peaceful means to resolve art ownership disputes, as it accounts for respecting the individual cultures of the countries represented in the dispute. Using the key medication traits described within this essay, a prepared mediator involved in such a cross-cultural conflict should be able to help resolve the issue at hand. …
The Intellectual And Diplomatic Discourse Of American Progressives And The Late Ottomans, 1830–1930, Brigitte Maricich Powell
The Intellectual And Diplomatic Discourse Of American Progressives And The Late Ottomans, 1830–1930, Brigitte Maricich Powell
Doctoral Dissertations and Projects
The American intellectual and diplomatic discourse with the late Ottoman Empire is an understudied field of history. Major works to date are primarily focused on the US relations with the Turkish Republic starting in 1924, which at best may highlight the Barbary Wars and the Treaties of 1830 and 1862 as a precursor. Few works offer, if any, a comprehensive insight into the diplomatic relationship that evolved between the US and the Near East from 1830 to 1930. This research is meant to fill the absence by probing into the service of key American diplomats and intellectuals who visited and …
Seeking Justice For Jews From Mena Countries Through International Law: Comparing The Cases Of Morocco And Iraq, Jessica E. Yeroshalmi
Seeking Justice For Jews From Mena Countries Through International Law: Comparing The Cases Of Morocco And Iraq, Jessica E. Yeroshalmi
Student Theses and Dissertations
Little is known of the Jews of Middle Eastern North African (MENA) origin whose long standing history in the region did not protect them from discrimination, persecution, and ethnic cleansing. Although much of the research on contemporary Jewish history and persecution revolves around the Holocaust and European events and its implications for Jews and international law, far less is researched about the uprooting of nearly one million Jews from the MENA region. In this investigation, I aim to reconstruct that narrative, applying international law to Jewish refugees from Arab countries. My thesis will be a comparative analysis of Morocco and …
Does Electoral Proximity Influence Commitment To International Human Rights Law?, Nolan A. Ragland
Does Electoral Proximity Influence Commitment To International Human Rights Law?, Nolan A. Ragland
Chancellor’s Honors Program Projects
No abstract provided.
The Impact Of The Convention On The Elimination Of Discrimination Against Women On Ecuador's Domestic Policy, Brittani Stiltner
The Impact Of The Convention On The Elimination Of Discrimination Against Women On Ecuador's Domestic Policy, Brittani Stiltner
Student Symposium
In 1979, Ecuador became one of the first Latin American countries to ratify the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). In this paper, I use Ecuador as a case study for analyzing the effectiveness of international human rights treaties on the countries that ratify them, looking specifically into the impact the CEDAW had on Ecuador’s domestic policies and action it has taken to expand women’s rights since 1979. I begin by giving a historical basis for the culture and political organization of the country due to colonization. I then articulate Ecuador as a leader …
The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease, Bailey Andree
The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease, Bailey Andree
Pace International Law Review
Zoonotic diseases are increasing in frequency as climate change worsens around the world, with the recent COVID-19 pandemic highlighting the inadequate mechanisms in place to counteract disease spread. This article reviews various zoonotic diseases and their patterns of spread, highlighting land use change as the key driver of disease to demonstrate the need for legal intervention. International land use law is a little-developed subsect of environmental law that holds the key to combating this disease spread, and this article proposes solutions through this legal lens. Land use techniques which may be used to combat disease spread include conservation laws, setback …
The Ambiguity In International Law And Its Effect On Drone Warfare And Cyber Security, Amina Khan
The Ambiguity In International Law And Its Effect On Drone Warfare And Cyber Security, Amina Khan
MA Major Research Papers
Drone warfare and artificial intelligence have considerably shaped cybersecurity and international law over the years. The rapid growth of technology has slowly forced entry into the international and domestic affairs of states. How countries conduct surveillance and practice defence does not look the way it did many years ago. One must observe how the rule of law is affected by technological advancement at the international level where many complexities are seen to rise to the surface. Balancing domestic and international law comes into question when drones and artificial intelligence become key components in state affairs that transcend geographical borders. This …
Provisional Measures In Aid Of Arbitration, Ronald A. Brand
Provisional Measures In Aid Of Arbitration, Ronald A. Brand
Articles
The success of the New York Convention has made arbitration a preferred means of dispute resolution for international commercial transactions. Success in arbitration often depends on the extent to which a party may secure assets, evidence, or the status quo between parties prior to the completion of the arbitration process. This makes the availability of provisional measures granted by either arbitral tribunals or by courts fundamental to the arbitration. In this Article, I consider the existing legal framework for provisional measures in aid of arbitration, with particular attention to the sources of the rules providing for such measures. Those sources …
The International Legal Order And The Rule Of Law, Vivian Grosswald Curran
The International Legal Order And The Rule Of Law, Vivian Grosswald Curran
Articles
This article addresses whether international law today is capable of instituting the rule of law. It offers a renewed look at the internationalists who brought us modern international law, such as Lauterpacht, Cassin and Lemkin. They tenaciously worked at placing the individual’s right to life and to human dignity front and center in international law while also preserving peace among states. Their struggle began in earnest first in the interwar years after the “war to end all wars” (1918 – 1939), and then again in 1945 after yet another, still worse, world war had occurred, devastating Europe, but leaving the …