Political Science Commons^™

What Should The Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith

BYU Law Review

The Restatement (Second) and Restatement (Third) of the Foreign Relations Law took notably different approaches to treaty interpretation, reflecting intervening changes in the legal landscape. This symposium contribution identifies five developments in international and domestic law since the Restatement (Third). It then considers their import for the forthcoming Restatement (Fourth). Most importantly, it argues that the Restatement (Fourth) should fully incorporate two articles on treaty interpretation from the Vienna Convention on the Law of Treaties into its black-letter provisions. Since the time of the Restatement (Third), these articles have become central to international practice on treaty interpretation, and the principles …

Constraining Charming Betsy: Textual Ambiguity As A Predicate To Applying The Charming Betsy Doctrine, Andrew H. Bean

BYU Law Review

No abstract provided.

A New Imperialism? Evaluating Russia’S Acquisition Of Crimea In The Context Of National And International Law, Trevor Mcdougal

BYU Law Review

No abstract provided.

Taming Madison’S Monster: How To Fix Self-Execution Doctrine, David L. Sloss

BYU Law Review

No abstract provided.

The Proposed Restatement (Fourth) Of The Foreign Relations Law Of The United States: Treaties—Some Serious Procedural And Substantive Concerns, Leila Nadya Sadat

BYU Law Review

No abstract provided.

A Textual Approach To Treaty Non-Self-Execution, Michael D. Ramsey

BYU Law Review

No abstract provided.

Treaties And The Presumption Against Preemption, David H. Moore

BYU Law Review

No abstract provided.

Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez

BYU Law Review

No abstract provided.

Fish Landings At The World’S Commercial Fishing Ports, Tim Huntington, Fiona Nimmo, Graeme Macfadyen

Journal of Ocean and Coastal Economics

In 2009, the United Nations Food and Agriculture Organization (FAO) adopted the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated (IUU) fishing (PSMA). Countries that ratify the treaty commit to exert greater control at ports over foreign-flagged vessels to detect IUU catch before it is offloaded from vessels, and prevent the ill-gotten catch from entering the world’s markets. The PSMA, when effectively implemented globally, will be a major deterrent to IUU fishing. A major challenge to selecting ports for enhanced controls has been the lack of data on which ports are the world’s largest …

Examining Human Capital Capacity’S Influence On Human Development And Poverty Reduction In Sub-Saharan Africa, Theodore J. Davis Jr.

International Journal of African Development

The aim of this paper is to examine and expand our focus on human capital capacity building as a foundation for poverty reduction in Sub-Saharan Africa. The data showed significant differences in the human capital capacity building characteristics as measured by demographic, education and gender equality characteristics. In analyzing select human capital capacity building markers, the findings suggest that the educational indicators were among the strongest in explaining the variation in human development in Sub-Saharan Africa. The findings showed that gender inequality was a serious inhibitor of human development in Sub-Saharan Africa. Overall, the Sub-Saharan nations with the lowest level …

Which Came First, People Or Pollution? A Review Of Theory And Evidence From Longitudinal Environmental Justice Studies, Paul Mohai, Robin Saha

Environmental Studies Faculty Publications

A considerable number of quantitative analyses have been conducted in the past several decades that demonstrate the existence of racial and socioeconomic disparities in the distribution of a wide variety of environmental hazards. The vast majority of these have been cross-sectional, snapshot studies employing data on hazardous facilities and population characteristics at only one point in time. Although some limited hypotheses can be tested with cross-sectional data, fully understanding how present-day disparities come about requires longitudinal analyses that examine the demographic characteristics of sites at the time of facility siting and track demographic changes after siting. Relatively few such studies …

The Case For The International Governance Of Immigration, Javier S. Hidalgo

Jepson School of Leadership Studies articles, book chapters and other publications

States have rights to unilaterally determine their own immigration policies under international law and few international institutions regulate states’ decision-making about immigration. As a result, states have extensive discretion over immigration policy. In this paper, I argue that states should join international migration institutions that would constrain their discretion over immigration. Immigration restrictions are morally risky. When states restrict immigration, they risk unjustly harming foreigners and restricting their freedom. Furthermore, biases and epistemic defects pervasively influence states’ decision-making about immigration policy. States should transfer some of their decision-making authority over immigration to more reliable institutions in order to mitigate the …

Authoritarian Member States In International Organizations, Matt Barg

Master's Theses

This thesis investigates under which conditions do authoritarian Member States exist in International Organizations that require democratic governance in their treaty law. The European Union is used as a case study along with two of its Member States that are in the process of transitioning to democracy from previous authoritarian regimes—Hungary and Romania. This thesis employs stealth authoritarian theory to analyze how a democratizing Member State may violate these laws and revert to authoritarian governance. It also critiques international enforcement mechanisms to consider their effectiveness to enforce their laws and norms as well as prevent an authoritarian reversal. Finally, cultural …

White Faces In A Black Movement: Why Their Voices Matter, Chauncey L. Alcorn

Capstones

This story follows the lives of two white activists in New York's Black Lives Matter movement. It examines the largely ignored impact white activists have had on the BLM movement and also explores the history of white activists in the abolitionist and Civil Rights movements. The climax details a highly-publicized spat between rival Black Lives Matter organizations that happened during a Dec. 4 protest to commemorate the one-year anniversary of Officer Daniel Pantaleo's non-indictment in Garner's death. My main character, a white male, was blamed for causing the rift and was asked to step down from his leadership position in …

Causes Of Third Party Military Intervention In Intrastate Conflicts, Hailey Bennett

Senior Honors Projects, 2010-2019

Since the conclusion of World War II, the number of expansive interstate wars has decreased while devastating intrastate wars and conflicts have increased exponentially. The Cold War ushered in an era of international stability in the bipolar balance of power, but proxy wars, wars of succession and independence, genocide and civil war made the era anything but peaceful. These conflicts proved to be breading grounds for third party military interventions, which increased simultaneously. In this thesis, I attempted to determine what factors encouraged third party states to intervene militarily in the affairs of other states in the post-World War II …

A Comparative Case Study Of Georgia Delegations At The 2012 National Party Conventions, Carolyn S. Carlson, Jeff R. Dewitt, Kerwin Swint

Georgia Journal of Public Policy

From August 26 to September 8, nine political science students and four supervising faculty traveled from Kennesaw State University to the 2012 Republican National Convention and the Democratic National Convention as part of special topics course on a course titled “Party Conventions Field Study”. While in Tampa and Charlotte, the students and faculty immersed themselves in a “real world” educational environment and in doing so gained extraordinary first-hand exposure to a fundamental, yet not well understood, part of the American political process. Students directly engaged with convention proceedings and participants, primarily the Georgia state party delegations, and implemented pre-approved research …

An Examination Of Voter Groups That Make Up The Emerging Democratic Majority Thesis, Jason Waguespack

LSU New Orleans Theses and Dissertations

In 2002, John Judis and Ruy Teixeira published The Emerging Democratic Majority, a book that postulated that the United States was in the beginning of a political realignment that would spell the end of the Reagan-era coalition that gave Republicans an electoral advantage on the presidency. The authors claimed an electorate that would favor the Democratic Party would emerge to take its place. Since Senator Barack Obama’s victory in the 2008 presidential election was powered by a coalition that looked much like the one Judis and Teixeira described, it appeared the authors’ thesis was being borne out by actual …

Power, Subjectivity, And Life In Spain: A Continuation Of Elite Power, Matthew Mason

Master's Theses

On December 20, Spain will hold national elections to determine the new prime minister and national and local parliaments. These elections will be another crossroads in the long history of Spain. The elections come about in a political and social atmosphere of ‘change’ and ‘regeneration,’ marked by the rise of two new political parties, Podemos and Ciudanos. These parties are the new forces in the political scene in Spain. This atmosphere of change is the result of the 2008 economic crisis. The economic crisis of 2008 was not only an economic crisis in Spain, but it provoked a political and …

The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna

Master's Theses

Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21^st century and it affects everyone. By using …

Evolution Of A Nation After A Dictatorship: How Law, Politics And Society Of The 1973 Dictatorship In Uruguay And Of The Subsequent Return Of Democracy In 1985, Potentially Helped Evolve The Nation Of Today., Jonathan A. Fein Proaño

Master's Theses

In 1973, Uruguay’s president authored a coup d’état with the military and changed the history and fabric of Uruguay. Once democracy returned to Uruguay in 1985, it was a chance to see if an evolution of the law, politics and society would occur. This thesis aims to analyze and understand the patterns of change and de-evolution or evolution that happened during the dictatorship and then over the last 30 years. I break down the process of changes that happened legally and politically, how the dictatorship and its leaders used law to destroy rule of law, and how society changed.

This …

Brandishing The Cybered Bear: Information War And The Russia-Ukraine Conflict, Azhar Unwala, Shaheen Ghori

Military Cyber Affairs

Russia’s use of cyber power against Ukraine offered renewed insight to Russian cyber strategy and capabilities. This article dissects the Russia-Ukraine conflict by analyzing Russia’s strategic doctrine, tactical maneuvers, and capabilities in the information realm. Understanding the Russia-Ukraine conflict in this manner can inform and strengthen U.S. cyber policy and strategy. In particular, U.S. strategic planners and cyber professionals should consider internalizing Russian strategic thinking regarding cyber power and promote tactical improvements in resilience, intelligence, and information among itself and its allies.

Data To Decisions For Cyberspace Operations, Steve Stone

Military Cyber Affairs

In 2011, the United States (U.S.) Department of Defense (DOD) named cyberspace a new operational domain. The U.S. Cyber Command and the Military Services are working to make the cyberspace environment a suitable place for achieving national objectives and enabling military command and control (C2). To effectively conduct cyberspace operations, DOD requires data and analysis of the Mission, Network, and Adversary. However, the DOD’s current data processing and analysis capabilities do not meet mission needs within critical operational timelines. This paper presents a summary of the data processing and analytics necessary to effectively conduct cyberspace operations.

A Functional Analysis Of 2008 Presidential Primary Tv Spots, William L. Benoit, Leslie Rill

Speaker & Gavel

The 2008 presidential campaign was unusual for a number of reasons. For the first time since 1952, neither the President nor the Vice President contended for the Oval Office. This meant highly contested primaries in both major political parties. As the Democratic primary ground toward the end, the leading candidates were an African-American–Barack Obama–and a woman–Hillary Clinton. More money was raised and spent on the primary campaign than ever before. This means that the campaign messages in this election deserve scholarly attention. This study applies Benoit’s Functional Theory and Petrocik’s Issue Ownership Theory to primary campaign ads from both major …

When Water Works: A Case Study Of Campaign Tears And The 2008 Presidential Election, Ryan Neville-Shepard

Speaker & Gavel

Since the fall of Senator Ed Muskie in the 1972 Democratic primary there has been an unwritten rule that political candidates should avoid crying. However, four presidential candidates cried in ten separate incidents during the 2008 election cycle, with only three episodes receiving negative attention. Addressing this inconsistency in the “Muskie rule,” in this essay I argue the effect of crying on a political candidate’s image is not well understood. As such, this essay develops and applies a framework for comprehending when crying will likely trigger a public relations crisis, and when it might actually benefit a candidate.

A Functional Analysis Of 2008 General Election Presidential Tv Spots, William L. Benoit, Mark Glantz

Speaker & Gavel

This study performed content analysis on the general election TV spots from Democratic nominee Barack Obama and Republican nominee John McCain in the 2008 presidential campaign. There was no significant difference in function by incumbency, which is not surprising given that neither major party candidates was the sitting president or vice president. Unlike ads from previous years, these ads contained more attacks (65%) than acclaims (34%; and like earlier campaigns few defenses: 1%). These ads stressed policy (58%) more than character (42%). The Democratic candidate, as in previous elections, discussed policy more, and character less, than the Republican candidate. Both …

A Functional Analysis Of 2008 And 2012 Presidential Candidacy Announcement Speeches, William L. Benoit, Mark Glantz

Speaker & Gavel

This study investigates messages in the surfacing phase of the presidential campaign, through a content analysis of presidential candidacy announcement speeches from the 2008 and 2012 elections. This study applied the Functional Theory of Political Campaign Discourse to nine Democratic announcement speeches from 2008, 11 Republican announcement addresses from 2008, and 12 Republican announcement speeches from 2012. This work extends previous research on announcement speeches from 1960-2004 (Benoit, Henson, Whalen, & Pier, 2007). Overall, announcements from 2008 and 2012 used acclaims (75%) more than attacks (25%) or defenses (0.5%). The same announcements discussed policy more than character (58% to 42%); …

Obama Transforming: Using Functional Theory To Identify Transformational Leadership, Kristina Drumheller, Greg G. Armfield

Speaker & Gavel

The 2008 presidential campaign convention speeches broke records as viewers flocked to the speeches by Obama, Palin, and McCain in numbers that rivaled American Idol ratings. Adapting functional theory (Benoit, 2007) to include transformational leadership characteristics (Bass & Avolio, 1990), President Obama‘s 2008 nomination acceptance speech was used test the adapting of functional theory for analyzing leadership claims. Secondary data were used as evidentiary support of Obama‘s efforts to make changes once in the White House. Results are discussed and framed within functional theory and transfor-mational leadership.

Newspaper Coverage Of The 2008 General Election Presidential Campaigns, William L. Benoit, Jayne R. Goode, Mark Glantz

Speaker & Gavel

News coverage of political campaigns is very important to the political campaign process. Some voters pay little attention to debates or other sources of information about the candidates and their policies. The news is one important source of this information. Newspapers can also supplement and reinforce the information possessed by voters who do attend to campaign messages. This study content analyzed news coverage of the 2008 general election presidential campaign (New York Times, Washington Post, USA Today). Horse race coverage was most common topic (45%), followed by themes about character (32%), and policy (23%). The tone of newspaper coverage was …

A Functional Analysis Of 2008 And 2012 Presidential Nomination Acceptance Addresses, William L. Benoit

Speaker & Gavel

This study investigates the presidential candidates’ nomination acceptance ad-dresses in 2008 and 2012. This study applied Benoit’s (2007) Functional Theory of Political Campaign Discourse to the four Acceptances (one from McCain, two from Obama, and one from Romney). Traditionally the conventions kick off the general election campaign and the nominees’ acceptance addresses are high-lights of these events. This work extends previous research on acceptance ad-dresses speeches from 1952-2004. The speeches in 2008 and 2012 used acclaims (73%) more than attacks (27%) or defenses (0.5%). Incumbents acclaimed more, and attacked less, than challengers, particularly when they discussed their records in office …

Survival Strategies In Solidly Partisan States An Analysis Of Centrist Appeals In 2012 U.S. Senate Debates, Matthew L. Spialek, Stevie M. Munz

Speaker & Gavel

With the growing number of centrist senators diminishing on Capitol Hill, the next few election cycles will be crucial to the survival of this moderate group of lawmakers. Campaign debate scholars should investigate how vulnerable incumbents construct a centrist issue agenda and image to connect with voters in states ideologically incongruent with the incumbents’ parties. In doing so, debate scholars will also fill the lack of lower-level debate research. Utilizing both quantitative and qualitative methods, this analysis examined the debate appeals of Sens. Claire McCaskill (D-MO) and Scott Brown (R-MA). Findings suggest McCaskill’s issue agenda was congruent with a centrist …