International Relations Commons^™

Where’S The Consultation? The War Powers Resolution And Libya, Eileen Burgin

The University of New Hampshire Law Review

[Excerpt] “President Barack Obama triggered a War Powers Resolution (WPR) controversy with his military response to the anti-government rebellion and civil war in Libya in 2011. Members of Congress seized upon the WPR, questioning whether the Obama administration had complied with the WPR’s requirements when the United States launched the initial Libyan Operation Odyssey Dawn (OOD) and subsequently participated in the North Atlantic Treaty Organization (NATO) Operation Unified Protector (OUP). Many legislators charged that President Obama had violated the WPR. Concerns centered on such issues as presidential reliance on the United Nations (U.N.) Security Council—rather than Congress—for authorization to act, …

The Puzzling Persistence Of Dual Federalism, Ernest A. Young

Faculty Scholarship

This essay began life as a response to Sotirios Barber’s essay (soon to be a book) entitled “Defending Dual Federalism: A Self-Defeating Act.” Professor Barber’s essay reflects a widespread tendency to associate any judicially-enforceable principle of federalism with the “dual federalism” regime that dominated our jurisprudence from the Founding down to the New Deal. That regime divided the world into separate and exclusive spheres of federal and state regulatory authority, and it tasked courts with defining and policing the boundary between them. “Dual federalism” largely died, however, in the judicial revolution of 1937, and it generally has not been revived …

The National Historic Preservation Act: Preserving History, Impacting Foreign Relations?, Mark P. Nevitt

Faculty Articles

Japanese Prime Minister Shinzo Abe, the highest political leader in Japan, shook his head in disbelief. His tenure as Prime Minister had been tense, partly due to the ongoing question of a replacement airfield for the U.S. Marines in Futenma. A predecessor, Yukio Hatoyama, also suffered political fallout stemming from his reversal of a public promise to find a replacement location for the U.S. Marine Corps Air Station. Prior to the Hatoyama administration, the Japanese government had selected a new location for the Marine Air Station, a remote area far removed from the busy city of Okinawa in Henoko. Moving …

Le Cyberspace, C'Est Moi?: Authoritarian Leaders, The Internet, And International Politics, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

The Darfur Name Game: Use Of Realpolitik By The United Nations In Decision-Making And Intervention, Angela Overton

Sociology & Criminal Justice Theses & Dissertations

Violence has plagued the westernmost region of Sudan, known as Darfur, since 2003. The conflict contains elements of political and ethnic divisiveness, desertification, and resource scarcity. The violence there continues to date. Many have declared genocide in Darfur while others maintain that the conflict is instead a crime against humanity. The labeling of the conflict is critical because this process determines the interventions available. This paper focuses on the decision-making process of the United Nations and its Security Council to determine if the labeling of the conflict impacted the discourse and intervention decisions by those bodies. Discourse analysis results indicate …

Treaty Termination And Historical Gloss, Curtis A. Bradley

Faculty Scholarship

The termination of U.S. treaties provides an especially rich example of how governmental practices can provide a “gloss” on the Constitution’s separation of powers. The authority to terminate treaties is not addressed specifically in the constitutional text and instead has been worked out over time through political-branch practice. This practice, moreover, has developed largely without judicial review. Despite these features, Congress and the President—and the lawyers who advise them—have generally treated this issue as a matter of constitutional law rather than merely political happenstance. Importantly, the example of treaty termination illustrates not only how historical practice can inform constitutional understandings …

The Spratly Islands Dispute: International Law, Conflicting Claims, And Alternative Frameworks For Dispute Resolution, Robin Gonzales

Calvert Undergraduate Research Awards

The Spratly islands dispute is a regional maritime territorial sovereignty dispute which involves six countries in the South China Sea – China, Taiwan, Vietnam, Philippines, Malaysia and Brunei. Underscored by the prospects of large natural energy reserves, control of strategic global maritime areas, and shifting global power dynamics, the dispute has significant international geo-strategic, economic, political and legal implications. This Honors Thesis evaluates the international legal standards for resolving maritime sovereignty disputes, provides a historiography of the six countries’ competing claims, and analyzes the legal soundness of their claims. This thesis also proposes and examines potential political and diplomatic frameworks …

Beyond One Voice, David H. Moore

Faculty Scholarship

The one-voice doctrine, a mainstay of U.S. foreign relations jurisprudence, maintains that in its external relations the United States must be able to speak with one voice. The doctrine has been used to answer critical questions about the foreign affairs powers of the President, Congress, the courts, and U.S. states. Notwithstanding its prominence, the one-voice doctrine has received relatively little sustained attention. This Article offers the first comprehensive assessment of the doctrine. The assessment proves fatal.

Despite broad use and value in certain contexts, the one-voice doctrine is fundamentally flawed. The doctrine not only is used to address divergent questions …

Supplying Compliance: Why And When The United States Complies With Wto Rulings, Rachel Brewster, Adam Chilton

Faculty Scholarship

In studies of compliance with international law, the focus is usually on the “demand side” – that is, how to increase the pressure on the state to comply. Less attention has been paid, however, to the consequences of the “supply side” – who within the state is responsible for the compliance. This Article is the first study to systematically address the issue of how different actors within the United States government alter national policy in response to the violations of international law. The Article does so by examining cases initiated under the World Trade Organization (WTO) Dispute Settlement Understanding (DSU). …

Addressing Global Threat: Exploring The Relationship Between Common Purpose And Leadership, Charles R.H. Powell

Antioch University Dissertations & Theses

While the mention of common purpose is prevalent in leadership studies, there are few attempts to explore the relationship between common purpose and leadership. This study delves into the questions of if and how common purpose and leadership inform one another. How leaders adapt purpose and leadership approaches in response to evolving and turbulent conditions may foster the depth and sustainment of immediate and subsequent accomplishments. Through phenomenological research in the venue of nuclear weapons reduction, a common purpose that is both globally pervasive and imbued with a sense of urgency, the lived essence of those engaged in common purpose …

A Canyon Apart: Immigration Politics And Ethnic Identity In Arizona, Peter Morrissey Fcrh '11

The Fordham Undergraduate Research Journal

This article examines the political and social forces surrounding the April 23, 2010 passage of Arizona’s stringent immigration enforcement measure, Senate Bill (S.B.) 1070, which empowered local law enforcement to demand proof of legal residency from any person suspected of being undocumented. A person’s failure to produce documentation would result in arrest, detention, investigation, and potentially deportation to his or her nation of origin. Through the law’s lens, the article explores the development of the social tension that followed Arizona’s explosive population growth, and examines how Arizona’s large Hispanic population has been unable to assert itself at the ballot box …

Export Controls: A Contemporary History, Bert Chapman

Libraries Faculty and Staff Presentations

Provides highlights of my recently published book Export Controls: A Contemporary History. Describes the roles played by multiple U.S. Government agencies and congressional oversight committees in this policymaking arena including the Commerce, Defense, State, and Treasury Departments. It also reviews the roles played by international government organizations such as the Missile Technology Control Regime, export oriented businesses, and research intensive universities.

The Plight Of Kenyan Domestic Workers In Gulf Countries, Caroline Muthoni Gikuru

Master's Theses

Kenya’s economy remains the regional leader within the East African Community (EAC) and among East African countries at large. However, political instability such as the 2007 post-election violence and the region’s social and political instability trickling into Kenya, have negatively affected the country’s economic growth. To bridge the economic gap, Kenyan women are seeking employment in the domestic service sector in the Gulf Countries, with Saudi Arabia being the most popular destination. At their destination countries, some domestic workers are subjected to various forms of abuse by their employers, leaving the worker without recourse due to the lack of legal …

Leaving A Legacy, Walter Lotze

Human Rights & Human Welfare

The ongoing conflict in Somalia, and the complexities that come with finding lasting solutions to a conflict that has raged for decades now, continue to perplex the international community. While a range of previously tried and tested approaches to conflict management are being applied, it is becoming apparent that the international toolkit for responding to conflict situations of such complexity is extremely limited. Indeed, as one international conference after another on Somalia takes place, compacts are signed and funding windows established, old frameworks are abandoned and new ones are forged, and roadmap after roadmap pave the way for further engagement, …

Somali Battlegrounds: On Interest And Accountability, Ines Mzali

Human Rights & Human Welfare

In the wake of the latest and deadliest of Al-Shabab's attacks in Kenya since Kenyan troops entered Somalia in October 2011, Ben Rawlence reiterates the question raised anew by each attack: "What is Kenya doing in Somalia and is it worth the price?" The question leads him to explore the contradiction between the official objectives of the mission and Kenya's particular motivations to launch an offensive of its own. This problematic discrepancy also draws attention to the question of accountability when violations of international humanitarian law have occurred in the context of a military operation by a neighboring country and …

Patterns Of Anti-Muslim Violence In Burma: A Call For Accountability And Prevention, Andrea Gittleman, Marissa Brodney, Holly G. Atkinson

Publications and Research

In this report, the authors documents how persecution of and violence against the Rohingya in Burma has spread to other Muslim communities throughout the country. Physicians for Human Rights conducted eight separate investigations in Burma and the surrounding region between 2004 and 2013. PHR’s most recent field research in early 2013 indicates a need for renewed attention to violence against minorities and impunity for such crimes. The findings presented in this report are based on investigations conducted in Burma over two separate visits for a combined 21-day period between March and May 2013.

Kekuatan Politik Media Sosial: Uji Kasus Pada Revolusi Mesir 2011, Mansur Juned, Musa Maliki, M Asrudin

Global: Jurnal Politik Internasional

This article examines that internet social media have influenced the Egypt Revolution from the authoritarian government to the democratic transition. There are two theories: Cyber-Optimist that argues internet social media is significant in changing a rezim and Cyber-Realist that believes internet is a status quo regime's arsenal in controlling their citizen. Based on cyber-optimist argument, this article believes that internet social media is not supporting the authoritarian government of Husni Mubarak in Egypt, but as the citizen's arsenal to change the authoritarian government of Husni Mubarak.

The Dialectics Of Citizenship: Exploring Privilege, Exclusion, And Racialization, Bernd Reiter

Government and International Affairs Faculty Publications

What does it mean to be a citizen? What impact does an active democracy have on its citizenry and why does it fail or succeed in fulfilling its promises? Most modern democracies seem unable to deliver the goods that citizens expect; many politicians seem to have given up on representing the wants and needs of those who elected them and are keener on representing themselves and their financial backers. What will it take to bring democracy back to its original promise of rule by the people? Bernd Reiter’s timely analysis reaches back to ancient Greece and the Roman Republic in …

Massacre In Central Burma: Muslim Students Terrorized And Killed In Meiktila, Richard Sollom, Holly G. Atkinson

Publications and Research

This report details the results of a Physicians for Human Rights (PHR) investigation into the March 20 and 21, 2013, attacks on Muslim students, teachers, and residents in the Mingalar Zayyone quarter of Meiktila, a small town in central Burma.

A two-person team, the authors of the report, from PHR conducted 33 interviews about the attacks, which resulted in the deaths of at least 20 children and four teachers. The report details the attacks by the Buddhist mobs, provides evidence that local police officers were complicit in the crimes, and lists policy recommendations for the Burmese government and the international …

Fair Trade An Analysis Of The Effects On Poverty Alleviation And Empowerment For Women In Developing Countries, Maribel Concepcion Lora

Graduate Program in International Studies Theses & Dissertations

This thesis approaches the economic development model of Fair Trade with a critical analysis on determining its success in alleviating poverty and empowering women of the developing world. Because international labor regulations are not consistently enforced in all producer countries, the Fair Trade model has established labor standards that ensure above all, a fair wage and safe working conditions for producers participating in the international market. As a recent strategy of economic development, Fair Trade has made great strides to empower poor producers in impoverished countries; however there has been limited analysis focused on its impact for improving the quality …

Oil Industry, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides an overview of the historical and contemporary development of the American oil industry and how it has impacted U.S. natural resources policies in the American west.

Disadvantages To Turkey’S Eu Accession: Turkish Perspective, Madison Campbell, Elisa Demartino

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

An Ever Closer Union: The European Security And Defense Policy And The Development Of Hard Power Capabilities In The European Union, Daniel Stepanicich

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

Kadi V. Commission: A Case Study Of The Development Of A Rights-Based Jurisprudence For The European Court Of Justice, Alisa Shekhtman

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

The Kosovo War: Nato’S Opportunity, Sead Osmani

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

Foreword, I. William Zartman

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

No abstract provided.

Early Warning For The Responsibility To Protect, Henry Dambanemuya '13

Honor Scholar Theses

This is a working paper on early warning system for the responsibility to protect. The paper discusses the evolution of the responsibility to protect (RtoP) norm, its adoption by the United Nations General Assembly and Security Council, and current steps towards implementing the norm through effective early warning and response. The paper seeks to apply principles from complexity science and networks to early warning for the responsibility to protect through an ecosystem model in order to address two key challenges to early warning identified by Secretary General Ban Ki-Moon in his 2010 report on early warning assessment and the responsibility …

The Epistemology And Methodology Of Exploratory Social Science Research: Crossing Popper With Marcuse, Bernd Reiter

Government and International Affairs Faculty Publications

This article seeks to propose a rationale for exploratory research in the social sciences. Inspired by the recent debates around qualitative methods (Gerring, 2001; George and Bennett, 2005; Brady and Collier, 2004; Mahoney and Rueschemeyer, 2003; Ragin, 2008; to name just a few), I seek to demonstrate that exploratory research also has a rightful place within the social sciences. In order to live up to its potential, exploratory research needs to be conducted in a transparent, honest, and selfreflexive way – and follow a set of guidelines that ensure its reliability. Exploratory research, if conducted in such a way, can …

Piracy, Slavery, And The Limits Of International Law: The Gap Between The Rhetoric And Reality Of Jus Cogens, Stephanie Elizabeth Smith

Graduate Program in International Studies Theses & Dissertations

A gap currently exists between the sources of international law in the canon of jus cogens or peremptory norms. This gap is observed in the comparison of the rhetoric perpetuated by the community of international lawyers and the actions of states. It is especially apparent in the two oldest tenets of jus cogens, the prohibitions against piracy and slavery. The disconnect between rhetoric and reality exposes the limitations and the political nature of international law.

The gap is demonstrated by using peremptory norms as a crucial case in the international legal system because of its perceived status as the …

Lessons Learned From Pakistan: A Dissertation On The Bush-Obama Drone Doctrine, Michael A. Pipa

Independent Study Project (ISP) Collection

The first use of the modern day attack drone by the United States was in Afghanistan in mid 2002, and for the past 11 years attack drones have been used by the United States in as many countries as Pakistan, Yemen and Somalia. When considering the alternatives to using drones, such as sending marines on the ground to complete a mission or flying a piloted jet over enemy territory to gather intelligence, as well as the military power that the use of these vehicles projects, the attack drone has become the weapon of choice in the war on terror for …