International and Area Studies Commons^™

Elusive Justice: The Rohingya Chronic Crisis And The Responsibility To Protect, Sumangala Bhattacharya

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Deterrence Under Nuclear Asymmetry: Thaad And The Prospects For Missile Defense On The Korean Peninsula, Inwook Kim, Soul Park

Research Collection School of Social Sciences

The 2016 decision to deploy Terminal High Altitude Area Defense (THAAD) to South Korea has generated multitude of intensely politicized issues and has proved highly controversial. This has made it challenging to alleviate, let alone clarify, points of analytical and policy tensions. We instead disaggregate and revisit two fundamental questions. One is whether THAAD could really defend South Korea from North Korean missiles. We challenge the conventional “qualified optimism” by giving analytical primacy to three countermeasures available to defeat THAAD–use of decoys, tumbling and spiral motion, and outnumbering. These countermeasures are relatively inexpensive to create but exceedingly difficult to offset. …

Understanding Civil Rights In A Democratic South Africa: A Case Study Of Students At Ukzn, Ella Shlonsky

Independent Study Project (ISP) Collection

This study examines the extent to which the principles and values of human dignity and non-discrimination laid out in the South African Bill of Rights resonate with South African university students. The objective is to understand how university students value or do not value these constitutional principles and how they see these principles being implemented in South African society. I examine both students’ personal views and how they see human rights, human dignity and non-discrimination playing out on campus and their communities. I conducted seven one-on-one semi-structured interviews with university students at the University of Kwazulu-Natal in Durban, South Africa. …

Humanitarian Negotiations & Humanitarian Principles: The Interaction Between Humanitarian Negotiations For Access And Organizations' Ability To Adhere To Humanitarian Principles, Gabriela Gil

Independent Study Project (ISP) Collection

Aim: To examine how do humanitarian organizations apply, or fail to apply, the humanitarian principles through humanitarian negotiations in modern conflict settings.

Methods: A literature review identified relevant peer-reviewed and grey literature on international humanitarian norms and law, the landscape of modern conflict, and existing guidelines on humanitarian negotiations. Five semi-structured interviews were conducted with experts in humanitarian negotiations chosen on the basis of their relevant background. A coded analysis of these interviews was conducted to identify major themes and subthemes in responses.

Background: Multiple international mechanisms outline the humanitarian principles of humanity, impartiality, neutrality and independence and States, non-State …

Supplying Slaves: The Disguise Of Greener Pastures: An Exploratory Study Of Human Trafficking In Uganda, Kyla Johnson

Independent Study Project (ISP) Collection

The purpose of this study was to evaluate labor migration in Uganda with a specific focus on the role labor recruitment agencies play in transporting people and how certain circumstances such as lack of knowledge of safe migration can leave people vulnerable to human trafficking. Labor externalization is beneficial specifically for developing countries because it provides jobs for the robust and available labor in these countries. Nonetheless, when reports appear that young girls are stranded abroad in the middle east after being taken there for work, labor recruitment agencies are first to receive the blame. Although Uganda issued a ban …

Local Perceptions Of Cannabis And Cannabis Laws In Morocco: Unpacking Past Laws, Moroccans' Perceptions, And Exploring Organizational Efforts, Shadae Tingman

Independent Study Project (ISP) Collection

In Morocco, cannabis production and consumption are illegal, both medicinally and recreationally. The cultivation of the plant is among the top five in the world. This research will explore many aspects of cannabis in Morocco. There is much literature that exists surrounding the agricultural, economic, and political implications of cannabis, but this research will focus on social perceptions of cannabis and cannabis laws of local Moroccans. This research will explore past government attempts to legalize marijuana and why they did not pass. It will also explore the work of local youth organizations (that focus on cannabis) to understand what they …

Tracing Race Through The Narrative Of A Oaxacan Ex-Bracero, Carlina Green

Independent Study Project (ISP) Collection

On March 21st, 2019, I was at a birthday lunch for my host mother at her parents’ house in Oaxaca de Juárez, Mexico, where I am currently studying abroad. Her father began to ask me about the normal meal times in the United States, and shared that he had witnessed this cultural difference firsthand during his time as a migrant worker in the United States. I asked him more questions and learned that he had first gone to Chesterfield, Missouri as a participant in the bracero program in 1953 and later to Los Angeles as an undocumented migrant in the …

The Understandings And Human Cost Of ‘Prevention Through Deterrence,’ As Seen Amongst Advocates In The United States And Mexico, Margaret Edwards

Independent Study Project (ISP) Collection

In the last two years of President Donald Trump and his administration, immigration and border regulations between the United States (US) and Mexico has become one of the most decisive and hottest political issues. This political struggle has brought into question US border practices and strategies such as physical barriers, denial of entry, detention, and, most importantly, how the US should respond to immigration. In reality, though, this question has existed since immigration along the US-Mexico border began.

In this paper, I examine a 1994 US Border Strategy, first introduced under President Bill Clinton, called ‘Prevention Through Deterrence.’ This border …

Gambaru-Ando: Las Familias De Los Desaparecidos De La Colectividad Japonesa (Fdcj) Y Su Lucha Por La Memoria, Verdad, Justicia, Y Visibilidad / Embodying Gambaru: Nikkei Families Of The Desaparecidos And Their Fight For Visibility In The Movement For Memory, Truth, And Justice, Mieko Kuramoto

Independent Study Project (ISP) Collection

En los años del último gobierno militar en la Argentina, 30.000 mil personas fueron desaparecidas en una campaña de terrorismo de estado. Entre esos miles, 17 de los desaparecidos eran argentinos de ascendencia japonesa, o ‘nikkei.’ Este proyecto estudia la lucha de sus familias para ganar visibilidad y borrar el estigma que rodeó a los desaparecidos dentro de la colectividad japonesa, a la vez de luchar por su reconocimiento en la sociedad argentina. Para estudiar su “doble- lucha,” este proyecto también toca temas de interseccionalidad, identidad y traumas nacionales sufridos por las comunidades minoritarias, y examina el trabajo que hizo …

La Vulneración De Los Derechos E Invisibilización Sobre Lxs Migrantes Senegaleses En Caba / The Violation Of Human Rights And The Invisibilization Of Senegalese Immigrants In The Autonomous City Of Buenos Aires, Madeline Doane

Independent Study Project (ISP) Collection

Antes de que Argentina fuera una estado-nación oficial, ha habido una invisibilización de lxs afro-descendientes y afro-argentinxs que continúa hoy bajo la negación de la existencia y los derechos de lxs inmigrantes senegaleses. Desde la década de 1990, ha habido una progresiva afluencia de migrantes senegaleses, por lo general de varones jóvenes, a Buenos Aires, Argentina, con el sueño de prosperidad económica para compartir con sus familias en Senegal. A su llegada, se enfrentan a varias barreras lingüísticas y culturales para adaptarse al estilo de vida argentino. Debido a las leyes de inmigración actuales, no son capaces de obtener trabajos …

La Radio Es Más Fuerte Que La Espada : La Percepción De La Eficacia De La Radio Comunitaria De Familiares Y Amigos De Luciano Arruga En La Visibilización Del Problema De La Violencia Institucional. / The Radio Is Mightier Than The Sword: The Perception Of Efficiency Of The Community Radio Of Familiares Y Amigos De Luciano Arruga In Making Visible The Problem Of Institutional Violence., Isabel Torres

Independent Study Project (ISP) Collection

Este trabajo investiga la percepción de la eficacia de las radios comunitarias en la visibilización de su lucha contra la violencia institucional. En particular, examina las percepciones de la eficacia que los miembros de la organización Familiares y Amigos de Luciano Arruga tienen sobre la radio comunitaria de su organización, Radio Zona Libre. A través de entrevistas semi-estructuradas y la investigación archivística, indagué como los objetivos de la organización y la radio han cambiado con el tiempo, y con esos cambios surgió un cambio posterior en los tipos de visibilidad que querían lograr y sus percepciones sobre el éxito que …

Voices Unheard: Women And Their Children In Nepal’S Incarceration System, Aune Nuyttens, Mikayla Rose

Independent Study Project (ISP) Collection

This research project focused on women in Nepal’s incarceration system. Our goal was to hear and share their stories with the hopes of humanize and de-stigmatize perceptions of female prisoners in and outside of Nepal. A central component to these stories, as we learned, was also the story of prisoner’s children and the NGOs who provide assistance to this vulnerable group of women and their children. The researchers travelled to the east and west of Kathmandu to visit rural and urban prisons in Nepal, and visited various children homes, however the research was based out of Kathmandu, where many of …

Enlarged Panels In The Court Of Appeal Of Singapore, Kwan Ho Lau

Research Collection Yong Pung How School Of Law

For many years the Court of Appeal of Singaporegenerally sat with no more than three judges to hear cases. Since 2014, however, quintets have increasingly been constituted in that court. This articleconsiders the recent practice in Singapore and, drawing on comparisons with theposition in some other Commonwealth jurisdictions, offers a few thoughts on its possible operation in the future.

Shamshur, Shamshur, Tsos

TSOS Interview Gallery

Shamshur has been in Cox’s Bazaar for 8 months and works in Hope Hospital (the camp hospital) as a traditional birth attendant. In addition, she makes house calls to pregnant women throughout the camp who are fearful of hospitals due to past trauma and sexual torture. Shamshur has nine children and a husband who is in prison.

Modina, Modina, Tsos

TSOS Interview Gallery

Modina fled Myanmar after experiencing and witnessing extreme violence, including the destruction of her village and the violent murder of her uncle by soldiers. She arrived in Bangladesh by boat after paying smugglers a large sum.

Nidar, Nidar, Tsos

TSOS Interview Gallery

Nidar has been in Cox’s Bazaar for 8 months and works in Hope Hospital (the camp hospital) as a traditional birth attendant. In addition, she makes house calls to pregnant women throughout the camp who are fearful of hospitals due to past trauma and sexual torture. Nidar has two children and a husband who fell victim to war.

Asma, Asma, Tsos

TSOS Interview Gallery

Asma is a teenager who fled from Myanmar after the army killed her uncle and her village was destroyed. She is now living in Cox’s Bazaar, married, pregnant, and trying to cope in a world where violence and rape are all too common.

Shobika, Shobika, Tsos

TSOS Interview Gallery

Shobika escaped Myanmar amid widespread chaos. After being separated from her husband and experiencing the kidnap of her two children, she was raped by soldiers and became pregnant. Her husband now rejects this child.

Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson

2019 Symposium

As a complex, diverse and dynamic region with diverging, constantly changing constitutional and jurisprudential contexts as well as lasting legacies of patriarchy, South Asia’s traditions of public interest litigation are one of the most well-studied institutions by Western audiences due to their contradictory progressive and innovative nature. Particularly in India, where public interest litigation gives ordinary citizens extraordinary access to the highest courts of justice, questions have been raised as to the effectiveness of public interest litigation as a tool to address gender disparities across the region. Although Supreme Court justices have been a key ally in eliminating legal barriers …

Januka, Januka, Tsos

TSOS Interview Gallery

After being raped by a soldier in Myanmar, Januka fled to Bangladesh with her father and later found out she was pregnant. She fears no one will want to marry her because she has been raped.

Rohima, Rohima, Tsos

TSOS Interview Gallery

Rohima was brutally raped and tortured by soldiers during an attack. After witnessing other women receive the same treatment, she fled Myanmar for Cox’s Bazar, Bangladesh. Once there, she got married while pregnant as a result of the rape.

Pro-Development Dispute Resolution Mechanisms And Norms For Investment And Commercial Disputes In Asean, Man Yip

Research Collection Yong Pung How School Of Law

The establishment of the AEC in December 2015 marked an important milestone in the acceleration of regional economic integration. In the next ten years, according to the AEC Blueprint 2025, an area of focus for ASEAN is the development and promotion of MSMEs. Transnational transactions within and with ASEAN will therefore continue to rise, which will undoubtedly lead to a concomitant increase in the volume as well as the complexity of disputes. This chapter explores the strategic development of innovative approaches to facilitate the resolution of investor-state and commercial disputes in ASEAN. It argues that the creation of new dispute …

A Network Analysis Of The Singapore Court Of Appeal's Citations To Precedent, Jerrold Tsin Howe Soh

Research Collection Yong Pung How School Of Law

This article presents findings from an empirical network analysis of citation practices in Singapore’s highest court. A network of all 987 reported Court of Appeal judgments handed down from 2000 to 2017 is constructed. Network centrality algorithms are used to rank judgments by centrality. Judgments on contract law, particularly on contractual interpretation and terms, emerge as the most central. Based on this, this article argues that more attention can be paid to interpretation per se as a legal skill. More generally, this article establishes a framework for applying network analysis to Singapore jurisprudence on a larger scale.

The Rise Of China And The Antarctic Treaty System?, Nengye Liu

Research Collection Yong Pung How School Of Law

This paper examines three dimensions of China’s rise in Antarctica: (1) history (2) activities; and (3) governance. Historically, China was missing in Antarctic affairs for long time. Over the past four decades, as a reflection of China’s rapid economic growth after the adoption of ‘Open Door' policy, Chinese activities in the Antarctic can be seen as rising, especially in science, fisheries and tourism. Nevertheless, this paper argues that rather than having a secret agenda to pursue, China is still shaping up its general Antarctic policy. China’s capacity to advance its interests within the Antarctic Treaty System is not significant either. …

Catch Me If You Can: Claiming Jurisdiction Over An Overseas Defendant: Shanghai Turbo Enterprises Ltd V Liu Ming [2019] Sgca 11, Aaron Yoong, Nguyen Sinh Vuong

Research Collection Yong Pung How School Of Law

The appellant, Shanghai Turbo Enterprises Ltd (“Shanghai Turbo”), is a Singapore-listed company that owns Hong Kong-incorporated Best Success (Hong Kong) Ltd, which in turn owns China-incorporated Changzhou 3D Technological Complete Set Equipment Ltd (“CZ3D”). The respondent, Liu Ming (“Liu”), owned approximately 30% of the shares in Shanghai Turbo. He was also a director of all three companies, and held other management positions there. In April 2017, Shanghai Turbo fired Liu from all his positions in the companies, allegedly because of declining levels of profit under his management. Subsequently, Shanghai Turbo filed a suit against Liu for breaching his service agreement …

China's Approach To The Belt And Road Initiative: Scope, Character And Sustainability, Heng Wang

Research Collection Yong Pung How School Of Law

As a new form of regional multilateralism, the Belt and Road Initiative is China’s most significant strategic move for external engagement in international economic law, following its World Trade Organization accession. This paper analyses China’s approach towards the Belt and Road Initiative from a legal perspective, focusing on three questions: first, what is the proper scope of the Belt and Road Initiative? Second, is there an identifiable approach that China adopts in the Belt and Road Initiative context, and, if so, what is its key legal characteristic? Third, is China’s Belt and Road Initiative approach sustainable? Employing a functional approach …

Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Bridging The Gap Between Daca And The Dream: The Bridge Act, What It Means, And Why It Matters, Ellen E. Findley

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

No abstract provided.