International Relations Commons^™

Cyberwar, International Politics, And Institutional Design, Daniel Abebe

Faculty Scholarship

In the United States, the breadth of the president’s warmaking authority has been governed by the Constitution, the Supreme Court’s jurisprudence, and, over time, historical practice; in short, the president’s powers are constrained by a well-developed body of US foreign relations law. But the prospect of a new kind of conflict — cyberwar — potentially challenges the existing regulatory regime, which rests on assumptions that are common to traditional, conventional war. For some, the complexities of cyberwar generate new foreign relations–law questions about the president’s authority to engage in offensive cyberoperations, and they thus necessitate a new regulatory framework. For …

The Political Theory Of Treaties In The Restatements Of Foreign Relations Law, John T. Parry

BYU Law Review

No abstract provided.

The Death Of Deference And The Domestication Of Treaty Law, Harlan Grant Cohen

BYU Law Review

No abstract provided.

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.

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 …

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 …

What Does Genocide Produce? The Semantic Field Of Genocide, Cultural Genocide, And Ethnocide In Indigenous Rights Discourse, Jeff Benvenuto

Genocide Studies and Prevention: An International Journal

The semantic field of genocide, cultural genocide, and ethnocide overlaps between Indigenous rights discourse and genocide studies. Since the 1970s, such language has been used to express grievances that have stimulated the construction of Indigenous rights in international law. These particular words signify general concerns with the integrity of Indigenous peoples, thereby undergirding a larger framework of normative beliefs, ethical arguments, and legal claims, especially the right to self-determination. Going back to the post-World War II era, this article traces the normative and institutional processes through which this overlapping discourse has emerged. Culminating with the adoption of the …

China's Nine-Dashed Map: Continuing Maritime Source Of Geopolitical Tension, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

The South China Sea (SCS) is becoming an increasingly contentious source of geopolitical tension due to its significance as an international trade route, possessor of potentially significant oil and natural gas resources, China’s increasing diplomatic and military assertiveness, and the U.S.’ recent and ongoing Pacific Pivot strategy. Countries as varied as China, Taiwan, the Philippines, Indonesia and other adjacent countries have claims on this region’s islands and natural resources. China has been particularly assertive in asserting its SCS claims by creating a nine-dash line map claiming to give it de facto maritime control over this entire region without regard to …

Gustavo GutiéRrez – Liberation Theology & Marxism, Todd Cameron Swathwood Jr

The Kabod

Since 1968, liberation theology has emerged as a prominent feature of religion and politics, particularly in South America. Originally stemming from the writings of Peruvian priest Gustavo Gutiérrez, this at-once theological and overtly political ideology decries the institutionalized violence of the world’s capitalist society on the poor and oppressed, and argues that God is particularly concerned with the plight of the suffering masses. Christians should therefore make assistance of these poor souls their highest priority, and advocate for any and all methods of alleviating suffering, especially those that work from the premise that society must be toppled and rebuilt for …

A Gender Approach To Vulnerability And Natural Disasters, Ema Izquierdo

Dissertations, Theses, and Capstone Projects

A natural disaster is a major adverse event resulting from natural processes of the earth that overwhelm local response and affect the social and economic development of the affected region. Natural disasters have been seen as situations that create challenges and difficulties mainly of a humanitarian nature. Still, progressively, it has come to be recognized that a gendered approach to humanitarian response is essential for vulnerable populations such as girls and women. Even though information about particular cases is scarce, evidence indicates that women are more likely to die after a natural disaster not because of biological reasons but because …

The Palermo Protocol: Why It Has Been Ineffective In Reducing Human Sex Trafficking, Christina A. Seideman

Global Tides

This paper analyzes why the UN’s efforts against human trafficking, specifically regarding the Palermo Protocol, have been ineffective in preventing the spread of, and reducing, the human sex trafficking network. It concludes that the broad wording of the Palermo Protocol and the UN’s lack of ability to enforce its legislation, along with statistical irregularities due to self-reporting problems, have made the Palermo Protocol ineffective, and that destination countries (countries that victims are trafficked to) have a large share of the burden to create effective legislation against trafficking. Proposed solutions include holding Palermo Protocol signatory countries accountable to change their legislation, …

Improving Rhode Island’S Health Care System: Lessons From The Cuban Model, Sarah R. Moffitt

Senior Honors Projects

Improving Rhode Island’s health care system: lessons from the Cuban model

Cuba is world renowned for its health care system. In regards to international health crises, Cuba is a leader in sending workers abroad and training doctors from all over the world. Within its own borders, the Cuban model provides free access to all citizens in which every individual has a primary care provider. Cuba boasts high vaccination rates, a long life expectancy, low infant mortality rate, and a population that is one of the healthiest in the western hemisphere.

The purpose of this research project is to evaluate the …

The Cold War: Over, Renewed, Or Never Ended?, Matt Phipps

Political Science Theses and Capstones

The Cold War has been studied repeatedly since the war supposedly ended in 1991. However recent events are starting to cause some concern and make many question whether or not the Cold War actually ended, if it took a different shape or perhaps has just been on pause. I argue that the Cold War has been a conflict that has been going on since 1947 and although the conflict has looked differently in recent decades the conflict was never properly put to an end. The research analyzes US decision making with respect to Russian and Asian relations over the last …

Global Hegemon: Chinese Foreign Policy Shifts And Elevated Unpko Involvement, Alex Berge

Political Science Theses and Capstones

A common question being asked in many circles is whether China will emerge as a potential rival to the U.S. as a global superpower? If the answer to this question is “yes” many ask how China will accomplish this. Research suggests that China will obtain superpower status through increased global presence and more cooperation in international organizations, specifically United Nations Peacekeeping Operations (UNPKO). The literature examines Chinese policy changes that allow for more contributions and activity in UNPKOs and also what missions China can now participate in from which it would have formerly abstained. The preliminary results have shown massive …

The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo

Global Tides

This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle …

Finding Aid To The Collection Of Richard Cutts Shannon Materials., Richard Cutts Shannon, Colby College Special Collections

Finding Aids

The Richard Cutts Shannon collection contains diaries, correspondence, printed materials, photographs, artifacts, and clippings by and about Richard Cutts Shannon, Colby Class of 1862. Of note are many diaries Shannon kept throughout his life between 1862-1920, including his time as an aide-de-camp in the Civil War, a prisoner in Libby Prison, his voyage to Rio de Janeiro, Brazil, his service as Secretary of the U.S. Legation in Brazil, as a U.S. Congressman, and an account of his tour around the world. This collection also contains photographs, artifacts (Shannon's riding gloves and saddlebag from the Civil War era), Shannon's accounts of …

The Death Of Deference And The Domestication Of Treaty Law, Harlan G. Cohen

Scholarly Works

How much deference do courts give to Executive branch views on treaty interpretation? The Restatement (Third) of the Foreign Relations Law of the United States tells us that courts “will give great weight to an interpretation made by the executive branch,” and earlier empirical studies suggested that deference to Executive in such cases was robust. But is that still the case? The Supreme Court’s rejection of the Executive’s view in a series of high profile cases including Hamdan v. Rumsfeld, BG Group PLC v. Republic of Argentina, and Bond v. United States should raise some doubts. This short article investigates, …

U.S. State Department International Law Internship And Employment Presentation And Discussion, Michael E. Thurston Famu Diplomat-In Residence

Environmental and Animal Law

The Center for International Law & Justice presents a discussion and presentation by Michael E. Thurston, a Senior Foreign Service officer, who is currently serving as Diplomat-in-Residence based at Florida A & M University in Tallahassee. Mr. Thurston has served in Afghanistan, Burma, various locations in Africa, Australia, Sri Lanka, and Mexico.

Determining Extraterritoriality, Franklin A. Gevurtz

William & Mary Law Review

This Article addresses an underexplored but critical aspect of the presumption against extraterritoriality. The presumption against extraterritoriality—which the United States Supreme Court has increasingly invoked in recent years—calls for courts to presume that Congress does not intend U.S. statutes to govern events outside the United States. The most difficult issue presented by the presumption arises when relevant events occur both inside and outside the United States, as in the classic example, if a shooter on one side of the border kills a victim on the other, or if, as in the leading case, false statements originating inside the United States …

China's Nine-Dashed Map: Maritime Source Of Geopolitical Tension, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

The South China Sea (SCS) is becoming an increasingly contentious source of geopolitical tension due to its significance as an international trade route, possessor of potentially significant oil and natural gas resources, China’s increasing diplomatic and military assertiveness, and the U.S.’ recent and ongoing Pacific Pivot strategy. Countries as varied as China, Taiwan, the Philippines, Indonesia and other adjacent countries have claims on this region’s islands and natural resources. China has been particularly assertive in asserting its SCS claims by creating a nine-dash line map claiming to give it de facto maritime control over this entire region without regard to …

Congress's Treaty-Implementing Power In Historical Practice, Jean Galbraith

William & Mary Law Review

Historical practice strongly influences constitutional interpretation in foreign relations law, including most questions relating to the treaty power. Yet it is strikingly absent from the present debate over whether Congress can pass legislation implementing U.S. treaties under the Necessary and Proper Clause. Drawing on previously unexplored sources, this Article considers the historical roots of Congress’s power to implement U.S. treaties between the Founding Era and the seminal case of Missouri v. Holland in 1920. It shows that time after time, members of Congress understood the Necessary and Proper Clause to provide a constitutional basis for a congressional power to implement …

Voting Across The Sea: The Politics Of French Nationals In Morocco, Sydney France

Independent Study Project (ISP) Collection

The goal of this paper is to explore the way French nationals in Morocco continue to participate in French politics even though they no longer live in French territory. The research examines three organizations that are based in Morocco and participated in French elections in May 2014. They are the Union de Français de l’Etranger, Français du Monde and UMP Maroc. The paper examines how these organizations interact with French nationals in Morocco and how these organizations interact with the French government. The paper determines that Union de Français de l’EtrangerCasablancaand Français du Monde Maroc are different from political parties …

International Organizations: An Early History, Michael Davies, Richard Woodward

Books/Book Chapters

This text provides a pioneering and comprehensive analysis of over one hundred international organizations. After introducing the broad historical and contextual settings, the book covers the full range of international organisations including those that are often overlooked or get minimal inclusion elsewhere. Each organization is analysed in a stand-alone section that consider its origins, basic mandates and evolution, the governance structure and the associated key players, current activities and future challenges. The descriptions also reflect each organization’s broader relationships with other international bodies.