International and Area Studies Commons^™

2012-13 Jlia Masthead

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

No abstract provided.

Protecting Shareholders From Themselves: How The United Kingdom’S 2011 Takeover Code Amendments Hit Their Mark, Matthew Peetz

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

Kraft’s takeover of Cadbury in 2011 caused considerable uproar in the United Kingdom. The political outcry caused significant amendments to the United Kingdom’s regulatory framework over mergers and acquisitions, the so-called, Takeover Code. These changes to the Takeover Code were made to help relieve pressure on target companies during takeover situations, and to correct the imbalance of power in favor of bidding companies that the political community had perceived during the Kraft-Cadbury takeover. After the changes were made, but before they were implemented, the business community expressed concern that these added regulations would be detrimental to the M&A market as …

The Case Of Christmas Island: How International Law Affects The Australian-Malaysian Refugee Deal, Ria Pereira

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

In July 2011, Australia and Malaysia entered into an arrangement in which Australian asylum seekers would be removed to neighboring Malaysia to have their asylum claims processed. Following widespread criticism in the media, Australia’s High Court ruled that such a deal violated Australia’s refuges protection laws. While this ruling should have put an end to the deal, Australia’s Immigration Minister indicated that the agreement might nevertheless be feasible. Policy makers proposed amending Australian domestic immigration laws to allow the deal to go forward unencumbered. A bill to amend Australia’s Migration Act was subsequently introduced. As it currently stands, Australian law …

The Cost Of Fear: An Analysis Of Sex Offender Registration, Community Notification, And Civil Commitment Laws In The United States And The United Kingdom, Kate Hynes

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

Sex offenders are often seen as a notorious group in both the United States and the United Kingdom. The public opinion of the masses has often found its way into the laws which restrict the privacy and freedoms of many sex offenders. This comment will examine the often divergent trends in lawmaking and judicial authority in both countries in regard to sex offender registration, community notification, and civil commitment. Further, the comment will study the lasting effects on the sex offender population and potential civil rights implications.

How Precipitous A Decline? U.S.-Iranian Relations And The Transition From American Primacy, Hillary Mann Leverett

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

This essay is grounded in two basic propositions. The first is that the greatest strategic challenge facing the United States is extricating its foreign policy from a well-worn but deeply counterproductive quest for hegemonic dominance in critical areas of the world, especially the Middle East. The second is that Washington’s handling of its relations with the Islamic Republic of Iran constitutes a crucial test of America’s capacity to put its foreign policy on a more productive and realistic trajectory. Since the Islamic Republic’s founding in 1979, Washington has refused to understand and accept the basic model underlying its political order—the …

The Prohibition On The Use Of Force For Arms Control: The Case Of Iran’S Nuclear Program, Mary Ellen O'Connell, Reyam El Molla

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

International law does not permit the use of military force against Iran to attempt to end its nuclear program. The resort to military force in international relations is covered first and foremost by Article 2(4) of the United Nations Charter. Article 2(4) is a general prohibition on resort to force that includes resort to military force for arms control, including nuclear weapons control. The Charter has two express but limited exceptions to the ban on military force. A state that is the victim of a significant armed attack may use force in necessary and proportional self-defense; the United Nations Security …

Caroline Revisited: An Imagined Exchange Between John Kerry And Mohammad Javad Zarif, James W. Houck

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

In 1837, sailors of Great Britain's Royal Navy sank the American ship the Caroline over Niagra Falls. Great Britain justified the incident the preemptive strike as an act of self-defense. Diplomats of the two nations negotiated a legal framework to guide future preemptive uses of force. In the face of twenty-first century nuclear weapons, however, the Caroline framework seems outdated and impractical. To date, Iran continues to develop their nuclear program, while refusing international inspectors full access to their centrifuges. The United States is committed to keeping a nuclear weapon out of Iran's hands. The United States and Iran …

Iran's Nuclear Program And International Law, Daniel H. Joyner

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

In this article, Professor Daniel Joyner analyzes the legal arguments on both sides of the Iran nuclear issue. The article address what the sides regard as the relevant sources of international nuclear law, and their respective interpretations of these sources law. Professor Joyner argues that Iran’s case illustrates warped and incorrect legal interpretations of the Nuclear Nonproliferation Treaty and other sources of law, and a prejudicial and inconsistent application of the law by the West and by the International Atomic Energy Agency. The article posits that this warped interpretation of NPT obligations has led to a bleak future for the …

Npt: A Pillar Of Global Governance, Richard Butler

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

The NPT is regarded as the cornerstone of nuclear arms control. It is the sole, widely agreed commitment in international law, to a world free of nuclear weapons. This fact and its operational mechanisms, establish NPT as a pillar of global governance. Any breakout from it, such as the development of nuclear weapons by Iran, a non-nuclear weapons state party to NPT, would jeopardize the future of the treaty and deeply harm the structure of contemporary global governance. If it chooses to do so, Iran cannot be prevented from taking such action by threatening it with the use of force, …

The Iranian Nuclear Issue, The End Of The American Century, And The Future Of International Order, Flynt L. Leverett

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

How the U.S.-Iranian competition for influence in the Middle East plays out will have profound consequences not just for the Middle East, but also for the legal frameworks, rules-based regimes, and mechanisms of global governance that shape international order in the 21^st century. This is particularly true with regard to U.S.-Iranian disagreements over the Islamic Republic’s nuclear activities. Strategic competition between America and Iran and its implications for international order play out against a backdrop of the progressive diminution of U.S. leadership in world affairs. Relative decline challenges the United States to share the prerogatives of global governance, especially …

Foreword, Amy C. Gaudion

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

No abstract provided.

Mamluk Jerusalem: Architecturally Challenging Narratives, Andrew C. Smith

LUX: A Journal of Transdisciplinary Writing and Research from Claremont Graduate University

Narratives abound concerning the religious and political positioning of Jerusalem in the past as well as the present and have been used in a variety of ways to serve various ideologies or political ends. One such narrative (which can be found even in some academic treatises of the history of Jerusalem) states that following the Muslim re-conquest of the city after the Crusades Muslim rulers neglected the city entirely, leading to its decline into obscurity and ruin. This narrative asserts that the city remained as such until Zionism, Jewish immigration, and, most especially, the establishment of the state of Israel …

Dynamical Structure Of A Traditional Amazonian Social Network, Paul L. Hooper, Simon Dedeo, Ann E. Caldwell Hooper, Michael Gurven, Hillard Kaplan

ESI Publications

Reciprocity is a vital feature of social networks, but relatively little is known about its temporal structure or the mechanisms underlying its persistence in real world behavior. In pursuit of these two questions, we study the stationary and dynamical signals of reciprocity in a network of manioc beer (Spanish: chicha; Tsimane’: shocdye’) drinking events in a Tsimane’ village in lowland Bolivia. At the stationary level, our analysis reveals that social exchange within the community is heterogeneously patterned according to kinship and spatial proximity. A positive relationship between the frequencies at which two families host each other, controlling for kinship and …

To Empathize With An Enemy, Rashida Aluko-Roberts

SURGE

I do not like to talk about my time in Sierra Leone, but I think I’m ready to start.

Growing up in Sierra Leone was probably the best thing that ever happened to me. I carry with me fond memories of my childhood, growing up on 22 Thompson Street in the one-storey house with red doors and windows and zebra themed paint. Evenings were spent riding bikes with my best friend Fatmata. Weekend afternoons spent playing scrabble and watching our favorite Disney movies with my siblings and neighbors in our living room. Those memories I have kept, happily. [excerpt …

Book Reviews, Owen Sichone, Elizabeth Haines

Zambia Social Science Journal

Reviews of:

Death, Belief and Politics in Central African History. By Walima T. Kalusa and Megan Vaughan

Looking For Mrs Livingstone. By Julie Davidson

Beijing Bicycle: The Cruel Story Of Youth, City, And Modernization In Contemporary China, Patrick O'Conner, Victoria Do, Eric A. Curry

Armstrong Undergraduate Journal of History

About the authors

Patrick is a Savannah native and a history major at Armstrong. He served for ten years in the US Army. He is married with four children and now resides in Metter, Georgia where he enjoys making muscadine wine and hopes to become a history teacher. Eric is from Fort Myers, Florida and currently a history major at Armstrong. He hopes to pursue a career in the Intelligence Community or Office of Foreign Service. After retiring from his government ambitions, he hopes to settle back down in Florida to teach history.

Trends In Poverty Rates Among Latinos In New York City And The United States, 1990 - 2011, Justine Calcagno

Center for Latin American, Caribbean, and Latino Studies

Introduction: This study examines demographic and socioeconomic factors regarding Latinos in New York City and the United States between 1990 and 2011 – particularly poverty rates.

Methods: Data on Latinos and other racial/ethnic groups were obtained from the U.S. Census Bureau American Community Survey, reorganized for public use by the Minnesota Population Center, University of Minnesota, IPUMSusa. Cases in the dataset were weighted and analyzed to produce population estimates.

Results: The analyzed data indicate that the poverty rate among the national population over the last two decades increased. However, there were nuanced and complex trends within both New York City …

Introduction: Religion And Place: Landscape, Politics, And Piety, Elizabeth Olson, Peter Hopkins, Lily Kong

Research Collection School of Social Sciences

In 2010, a 14-year-old boy was brutally murdered in a suburb outside of Rio de Janeiro when a group of skinheads observed him at a party and suspected that he might be gay (McLoughlin 2011). This scale of horrific homophobia is not uncommon in Brazil, where rates of violence against gays, lesbians, and transgendered people are reported to be amongst the highest in the world. A study conducted with the support of Grupo Gay da Bahia offers the conservative estimate of 260 gays killed in the country in 2010, indicating that rates doubled in only 5 years. The statistic sits …

The Lost Opportunity For Ethiopia: The Failure To Move Toward Democratic Governance, Theodor Vestal

International Journal of African Development

During the critical five year period leading up to the velvet revolution and the overthrow of Haile Selassie’s regime, there were missed opportunities to bring about peaceful change in Ethiopia’s governance. This paper analyzes the events of this period that led to the rise of the Derg and the revolutionary changes that followed and speculates on when strategic steps could have been taken to avoid the catastrophic events that ensued in 1974.

Living Openly: 2 Narratives Of Black And White Lesbians Living In Cape Town, Rebecca Gant

Independent Study Project (ISP) Collection

After apartheid, South Africa created an amazingly progressive Constitution that was one of the first in the world to include gay rights. The passing of a law legalizing same-sex marriage, as well as the Promotion of Equality and Prevention of Unfair Discrimination Act work to create a world of equality and acceptance of homosexuality, at least on paper. Unfortunately, a far different reality exists, as the failed implementation of these provisions has created a large dichotomy between Constitution and public opinion, with many individuals remaining unsupportive of gay rights. My project originally sought to explore the effects of this discrepancy …

Megacities: A Survey And Prognosis, Laina Farhat-Holzman

Comparative Civilizations Review

No abstract provided.

David J. Rosner, Conservatism And Crisi, The Anti-Modernist Perspective In Twentieth-Century German Philosophy., Laina Farhat-Holzman

Comparative Civilizations Review

No abstract provided.

Tibetan Women Tailors: Sewing A Community Of Tibetan Women Tailors, Charlotte Fleming

Independent Study Project (ISP) Collection

This paper examines the effects of a handicraft promoting company and sewing training workshop, the Shangri La Tangtong Handicraft Development Center, on the lives of its participant group of 28 women tailors. Explained is the history of the organization, justifications for formation, and description of the current workspace and products as located in Shangri La Old Town, Yunnan Province. From a series of 19 interviews (13 of which conducted with the tailors) and personal observations comes the conclusion that beyond the organization’s specified goals of cultural heritage preservation and poverty alleviations, the workshop effectively provides the tailors with a strong …

La Voz Fall 2013, El Instituto: Institute Of Latina/O, Caribbean, And Latin American Studies

La Voz

In this issue:

• Lewis Gordon
• TAULA Pablo Lapegna
• Working Groups
• Migrant Farm Workers

Latin-America, Mauricio E. Novoa

Student Publications

A poem describing the Prince George's County and Montgomery County Latin American communities in Maryland.

War And Peace Theology In German And Swedish Christian Zionism, Kristian Steiner

International Dialogue

This is a comparative study of how Swedish and German Christian Zionist literature from 1967–2012 portrays the chances for peace and the risk for war, globally and in the Middle East. Christian Zionism is a theology supporting the establishment and the preservation of the modern state of Israel as a Jewish homeland. Christian Zionist literature, in Germany and Sweden, demonstrates very little hope for peace, since this world is assumed fallen, heading for the apocalypse, in the hands of the Devil, and inhabited by a sinful humanity beyond improvement. The image of Arabs is clearly that of an enemy image; …

Is Multiculturalism Good For Children? The Rights Of The Child And Multiculturalist Policies In Sweden, Pernilla Ouis, Göran Adamson, Aje Carlbom

International Dialogue

In the present paper, the objective is to investigate if multiculturalism is good for children. The method is to use secondary sources, as well as current examples from Swedish society, to show how multiculturalist policies have negative consequences for minority children's rights. The paper, as well as previous research, reveals that parents of immigrant origin often forbid children to attend school activities such as camps, gymnastics, swimming, and lessons in music and religion. Parents motivate their actions with reference to their traditions and religion, and a fear that their children might learn sexual immorality. The wishes of parents are accepted …

The Duty To Rescue And The Duty To Aid The Starving, Per Bauhn

International Dialogue

In this article I intend to argue that while there are certainly important similarities between the duty to rescue and the duty to aid the famine-stricken and starving, there are also important differences between these two duties. Both the duty to rescue and the duty to provide aid need to be qualified by conditions regarding necessity, possibility, and comparable cost, as well as by a principle concerning special relationships of responsibility. However, while the duty to rescue can be fulfilled by individual agents, the duty to aid the famine-stricken and starving requires large-scale interventions to change political and social structures, …

Jerusalem Obscured: The Crescent On The Temple: The Dome Of The Rock As Image Of The Ancient Jewish Sanctuary, Curtis Hutt

International Dialogue

To begin with, what is it? In order to answer this question one must, of course, qualify it by asking—to whom? Pamela Berger in The Crescent on the Temple: The Dome of the Rock as Image of the Ancient Jewish Sanctuary has done a great service by supplying us with a history of the iconographic representation of Jerusalem's Dome of the Rock (the Qubbat al-Sakhrah). While no publication could ever exhaustively summarize the countless visual and literary portrayals of this world heritage site, Berger not only makes a valiant attempt at such but necessarily changes the way that almost all …

The Transgressive Allure Of White Gold In Peruvian Amazonia: Towards A Genealogy Of Coca Capitalisms And Social Dread: Andean Cocaine: The Making Of A Global Drug; Coca's Gone: Of Might And Right In The Huallaga Post-Boom, Bartholomew Dean

International Dialogue

“I have tested this effect of coca, which wards off hunger, sleep, and fatigue and steels one to intellectual effort, some dozen times on myself; I had no opportunity to engage in physical work.”—Sigmund Freud, from ‘Über Coca’, Centralblatt für die ges. Therapie, 2, 1884.

Circulating through multiple regimes of value, the transgressive allure of coca has gripped the Occidental imagination for more than a century and a half, shaping the contours of modernity; first as a magical elixir, then to a demonized underground drug, and eventually being transformed into a lucrative global commodity with grievous effects. Coca and cocaine …