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, …
Consequences Of The Arab Spring: How Shari’Ah Law And The Egyptian Revolution Will Impact Ip Protection And Enforcement,
2013
Penn State Dickinson Law
Consequences Of The Arab Spring: How Shari’Ah Law And The Egyptian Revolution Will Impact Ip Protection And Enforcement, Stephen S. Zimowski
Penn State Journal of Law & International Affairs (2012 - Present)
Egypt’s recent revolution sent shockwaves through the international community, and almost immediately political pundits began to ponder its effect on Middle Eastern stability. To date, post-revolution Egypt has struggled to regain its political stability and implement the democratic government its citizens demand. The eventual nature of the new Egyptian government will have a substantial impact not only on the region’s stability but also on international trade. As such, this comment will examine the likely impact of a new Egyptian regime on intellectual property rights and protections in Egypt. The comment explores the role of Shari’ah Law in lawmaking and Shari’ah …
We Can Work It Out: Putting Our Best Foot Forward In International Higher Education Initiatives,
2013
Penn State Dickinson Law
We Can Work It Out: Putting Our Best Foot Forward In International Higher Education Initiatives, Julie Rowland
Penn State Journal of Law & International Affairs (2012 - Present)
A global economy requires globally competitive workers and global citizens.This need has generated supranational higher education initiatives through organizations such as the European Union and the Asia-Pacific Economic Cooperation. These initiatives promote student mobility across borders by harmonizing higher education systems between member nations. To demonstrate how the U.S. can become more involved in international higher education initiatives, this comment will first give an overview of the history of these initiatives globally. The comment explores the legal and soft governance mechanisms involved in international initiatives and the feasibility of their application to the U.S. A description of the structures of …
2012-13 Jlia Masthead,
2013
Penn State Dickinson Law
2012-13 Jlia Masthead, Jlia Masthead
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Mediation – Its Potential And Its Limits: Developing An Effective Discourse On The Research And Practice Of Peacemaking,
2013
School of International Affairs, Pennsylvania State University
Mediation – Its Potential And Its Limits: Developing An Effective Discourse On The Research And Practice Of Peacemaking, Dennis C. Jett
Penn State Journal of Law & International Affairs (2012 - Present)
This article looks at the various contributions to this issue of the Penn State Journal of Law & International Affairs. The contributors have analyzed the potential and limits of mediation, but have focused on a number of different aspects of that process. The analytic research relevant to conflict situations will be most useful, however, if the recommendations offered for how to bring conflicts to an end can actually be of use to practitioners in the field. The approach of this article is therefore to consider how policymakers might employ these recommendations as they pursue the goal of peace. It …
Ethnic Conflict: An Organizational Perspective,
2013
Rockefeller College of Public Affairs & Policy, University at Albany, State University of New York
Ethnic Conflict: An Organizational Perspective, Victor Asal, Jonathan Wilkenfeld
Penn State Journal of Law & International Affairs (2012 - Present)
To talk about the behavior of others is to generalize especially if that behavior is perceived to be negative. As researchers who have studied ethnic discrimination and ethnic conflict for close to two decades, we have noticed, anecdotally at least, that this penchant for generalization is rampant in discussions of ethnic politics. Journalists and academics tend to talk about one or another ethnic group’s involvement in violence without specifying a political organizational agent. This kind of generalization is a serious obstacle to understanding conflicts and identifying solutions because it prevents policymakers and academics from getting at the messy reality of …
When States Mediate,
2013
Loyola University Chicago
When States Mediate, Molly M. Melin
Penn State Journal of Law & International Affairs (2012 - Present)
Militarized conflict is one of the most devastating of all human activities. The international community’s response to conflict occurrence can significantly affect the number of casualties, the extent of resulting devastation and even the outcome of the conflict. State responses range from conflict management, whereby third parties actively engage in resolving the conflict; joining, whereby states become an additional disputant; or remaining uninvolved. One of the most common active third-party responses is to act as a mediator, a role using consensual, nonbinding and nonviolent means of conflict management and resolution. This paper explores the policy of state-led mediation, its strengths …
The Politics Of International Arbitration And Adjudication,
2013
University of North Carolina at Chapel Hill
The Politics Of International Arbitration And Adjudication, Stephen E. Gent
Penn State Journal of Law & International Affairs (2012 - Present)
Arbitration and adjudication have proven to be effective means of producing long-lasting settlements on contentious issues, but states are generally reluctant to use such legal forms of dispute resolution, especially in resolving issues of national security. To understand when policymakers can and should promote the use of legal mechanisms, they need to understand the political reasons behind the reluctance of states to use these forums. This essay identifies five factors that significantly influence the willingness of states to relinquish decision control and pursue arbitration or adjudication: third-party bias, salience, uncertainty, bargaining power, and armed conflict. To promote the use of …
Using The Right Tool For The Job: Mediator Leverage And Conflict Resolution,
2013
Emory College of Arts & Sciences, Emory University
Using The Right Tool For The Job: Mediator Leverage And Conflict Resolution, Kyle Beardsley
Penn State Journal of Law & International Affairs (2012 - Present)
In international dispute mediation, a one-size-fits-all view of mediation may actually inhibit effective conflict resolution. Mediators must especially tailor the level of leverage to the needs of the situation. This essay first considers existing studies that have found both potential benefits and risks of heavy-handed third-party involvement as a conflict-management strategy. It then considers a few illustrative cases to demonstrate the importance of making sure that the tools of mediation fit the context. Finally, it concludes with a discussion of how sustained post-conflict peacekeeping and peacebuilding can reduce the risks of leverage in mediation.
Intractable Syria? Insights From The Scholarly Literature On The Failure Of Mediation,
2013
University of North Texas
Intractable Syria? Insights From The Scholarly Literature On The Failure Of Mediation, J. Michael Greig
Penn State Journal of Law & International Affairs (2012 - Present)
The conflict in Syria has been ongoing since March 2011, but to date has resisted third-party diplomatic efforts. This failure of mediation is despite the fact that numerous actors in the international system have interests both in Syria and the Middle East at large. The human toll of the conflict, which has produced large numbers of civilian casualties and considerable human suffering, creates even deeper urgency for effective conflict management in Syria. In this paper, I apply insights drawn from the scholarly literature on conflict management and civil wars to the Syrian conflict to explain why mediation efforts have thus …
Who Should Be At The Table?: Veto Players And Peace Processes In Civil War,
2013
University of Maryland & Centre for the Study of Civil War at the Peace Research Institute in Oslo
Who Should Be At The Table?: Veto Players And Peace Processes In Civil War, David E. Cunningham
Penn State Journal of Law & International Affairs (2012 - Present)
Civil wars contain a set of actors that have the ability to block settlement and continue the war on their own. When they contain more “veto players,” conflicts are much longer and negotiations are more likely to break down. The rate of success of international efforts to resolve multi-party civil wars is much lower than when there is only one rebel group fighting the government. This article discusses implications for peacemakers designing responses to conflicts with multiple veto players. Negotiations in these conflicts are most likely to lead to a peace agreement that successfully ends the war if they include …
