Legal Reform: China's Law-Stability Paradox,
2014
Columbia Law School
Legal Reform: China's Law-Stability Paradox, Benjamin L. Liebman
Faculty Scholarship
In the 1980s and 1990s, China devoted extensive resources to constructing a legal system, in part in the belief that legal institutions would enhance both stability and regime legitimacy. Why, then, did China’s leadership retreat from using law when faced with perceived increases in protests, citizen complaints, and social discontent in the 2000s? This law-stability paradox suggests that party-state leaders do not trust legal institutions to play primary roles in addressing many of the most complex issues resulting from China’s rapid social transformation. This signi½es a retreat not only from legal reform, but also from the rule-based model of authoritarian …
Social Engineering Through Shari’A: Islamic Law And State-Directed Da’Wa In Contemporary Aceh,
2013
Asia Research Institute, National University of Singapore
Social Engineering Through Shari’A: Islamic Law And State-Directed Da’Wa In Contemporary Aceh, R. Michael Feener
Indonesia Law Review
This study of the contemporary Islamic legal system in Aceh, Indonesia argues for new attention to be paid to the ways in which contemporary Muslim agendas for the implementation of Islamic law can be read as projects for future oriented social transformation—rather than as a series of reactive measures to perceived ‘crises of modernity’ and/or the political machinations of rival elites in contesting control of state power. In doing so it highlights the ways in which the ideals of, and institutional formations developed by, proponents of Islamic law are configured in relation to a broad range of non-Muslim modernist projects, …
Symposium - The U.S.-Iranian Relationship And The Future Of International Order,
2013
Penn State Dickinson Law
Symposium - The U.S.-Iranian Relationship And The Future Of International Order
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
2012-13 Jlia Masthead,
2013
Penn State Dickinson Law
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,
2013
Dickinson School of Law, Penn State University
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,
2013
Penn State Dickinson Law
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,
2013
Dickinson School of Law, Penn State University
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,
2013
School of International Service, American University
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,
2013
University of Notre Dame Law School
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,
2013
Dickinson School of Law & School of International Affairs, Penn State University
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,
2013
University of Alabama School of Law
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,
2013
School of International Affairs, Penn State University
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,
2013
School of International Affairs, Penn State University
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 21st 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,
2013
Dickinson School of Law & School of International Affairs, Penn State University
Foreword, Amy C. Gaudion
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Study On The Influence Of Evolution Of Imsas In Implementation Of Stcw Convention And Related Issues,
2013
World Maritime University
Study On The Influence Of Evolution Of Imsas In Implementation Of Stcw Convention And Related Issues, Jie You
Maritime Safety & Environment Management Dissertations (Dalian)
No abstract provided.
Patterns Of Anti-Muslim Violence In Burma: A Call For Accountability And Prevention,
2013
Physicians for Human Rights
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.
Book Review: Errol Morris, “A Wilderness Of Error”: Provocative But Unpersuasive,
2013
Touro University Jacob D. Fuchsberg Law Center
Book Review: Errol Morris, “A Wilderness Of Error”: Provocative But Unpersuasive, Richard C. Cahn
Touro Law Review
No abstract provided.
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law,
2013
Georgetown University Law Center
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Georgetown Law Faculty Publications and Other Works
The Dreyfus affair reminds us that the rule of law and basic human rights are not self-executing. In a democracy, individual rights and the rule of law are designed to check popular power and protect the individual from the majority. Yet paradoxically, they cannot do so without substantial popular support. Alfred Dreyfus received two trials—or at least the trappings thereof—and was twice wrongly convicted. The rule of law was initially unable to stand between an innocent man and the powerful men who sought to frame him. But the issue of Dreyfus's guilt or innocence was not …
Jlia 2:1,
2013
Penn State Dickinson Law
Jlia 2:1
Penn State Journal of Law & International Affairs (2012 - Present)
There is an ever widening gap between conflict resolution policy makers and scholars—a tragedy given practitioners’ dire need for new ideas to help resolve deadly conflicts and the growing knowledge researchers have to share. Research tends to swing like a pendulum between analytic and rigorous methods and accessible and relevant approaches. We reject this tradeoff. We believe that research can be simultaneously rigorous and relevant, and analytic and accessible. Given the devastating loss of life associated with armed conflict, the need for translating research results into policy prescriptions is especially strong in peacemaking. The goal of this issue of the …
“The Living Are Getting Rarer”: The Causes And Consequences Of The International Trade In White Rhinoceros Horns Under The Convention On International Trade In Endangered Species,
2013
Penn State Dickinson Law
“The Living Are Getting Rarer”: The Causes And Consequences Of The International Trade In White Rhinoceros Horns Under The Convention On International Trade In Endangered Species, Alisha Falberg
Penn State Journal of Law & International Affairs (2012 - Present)
In 2012, more than 400 South African white rhinoceros were poached and killed for their horns. The horns, used in ancient Asian medicines, are falsely believed to cure diseases. They are currently worth thousands of dollars on the black market because the white rhinoceros is an endangered species and the trade in its horns is strictly regulated under the United Nations Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).The two countries at the center of this crisis are South Africa, where the majority of the world’s white rhinoceros live and are being poached, and Vietnam, …
