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Agents Of Change: The Role Of Foreign Financial Institutions In China’S Financial Transformation Since The Early 1990s, Anton Malkin 2016 Wilfrid Laurier University

Agents Of Change: The Role Of Foreign Financial Institutions In China’S Financial Transformation Since The Early 1990s, Anton Malkin

Theses and Dissertations (Comprehensive)

What role have foreign financial institutions (FFIs) played in China’s financial evolution since the early 1990s? My research finds that FFIs, which include foreign commercial and investment banks, as well as private equity (PE) firms, have played a role in China’s financial evolution in three respects. First, US financial institutions have leveraged their influence in the US government, their ties to other business groups, and mobilized connections with the Chinese elite, to help China to join the World Trade Organization in 2001. This outcome created a relatively open formal, legal environment to foreign actors—helping in the cause of liberalizing China’s …


Cyberwar, International Politics, And Institutional Design, Daniel Abebe 2016 Columbia Law School

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 United States, Richard Briffault 2016 Columbia Law School

The United States, Richard Briffault

Faculty Scholarship

The United States is an example of how three branches of government can stall and derail reform initiatives. The judiciary in particular is central to the US experience with political finance reform, repeatedly striking down legislation on party finance, despite consensus from executive and legislative branches. The most recent Supreme Court ruling, in April 2014, struck down one of the last remaining federal regulations, on the overall campaign contribution limits for individuals. At a subnational level, the United States does, however, see significant variations in terms of regulations on the flow of money into politics at a state level. In …


The Politics Of Global Humanitarianism: R2p Before And After Libya, Michael W. Doyle 2016 Columbia Law School

The Politics Of Global Humanitarianism: R2p Before And After Libya, Michael W. Doyle

Faculty Scholarship

The responsibility to protect (R2P) is both a license for and a leash against forcible intervention. It succeeded in widening the scope of legitimate armed intervention by licensing some (protective) interventions but only because it was seen as a leash against other (exploitative) interventions. This chapter traces the origins of the R2P doctrine in the Kosovo and ICISS reports, highlights the special features of the 2005 Outcome Document, notes how the doctrine was strengthened in practice by careful attention to non-coercive measures in Myanmar, Kenya, and Guinea, and then examines the landmark case of its use to sanction and then …


Miriam Williford Papers - Accession 157, Miriam Williford 2016 Winthrop University

Miriam Williford Papers - Accession 157, Miriam Williford

Manuscript Collection

The Miriam Williford Papers consist of correspondence, newspaper clippings, lecture and teaching materials, research notes, professional files, rough notes and drafts of publications, copies of historical manuscripts from other repositories, and other Papers, The collection pertains to Willifords’ teaching and publishing activities, and to her involvement with professional organizations and seminars such as the Latin American Studies Association (1975). Her research files include extensive material on Jeremy Bentham and his interest in Latin America, and includes correspondence with Simon Bolivar and other leaders of Latin American independence; papers on the administration of Mariano Galvez, Chief of State of Guatemala from …


Unsettling: The Flawed Us Refugee System, Kanyakrit Vongkiatkajorn 2015 CUNY Graduate School of Journalism

Unsettling: The Flawed Us Refugee System, Kanyakrit Vongkiatkajorn

Capstones

The US has had a long commitment to resettling refugees, and currently funds one of the largest third-country resettlement programs through UNHCR in the world. However, an examination of US's refugee resettlement program shows that the program often does not live up to its promises, and has long ignored systemic issues. This report takes a specific look at the experience of newly-resettled Syrian refugees, and includes memos by the author that was submitted for a larger group project.


The Political Theory Of Treaties In The Restatements Of Foreign Relations Law, John T. Parry 2015 Brigham Young University Law School

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 2015 Brigham Young University Law School

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 2015 Brigham Young University Law School

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 2015 Brigham Young University Law School

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 2015 Brigham Young University Law School

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 2015 Brigham Young University Law School

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 2015 Brigham Young University Law School

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 2015 Brigham Young University Law School

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 2015 Brigham Young University Law School

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 2015 Brigham Young University Law School

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

BYU Law Review

No abstract provided.


Examining Human Capital Capacity’S Influence On Human Development And Poverty Reduction In Sub-Saharan Africa, Theodore J. Davis Jr. 2015 University of Delaware

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 …


Authoritarian Member States In International Organizations, Matt Barg 2015 University of San Francisco

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 …


Causes Of Third Party Military Intervention In Intrastate Conflicts, Hailey Bennett 2015 James Madison University

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 …


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 2015 University of San Francisco

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 21st century and it affects everyone. By using …


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