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Full-Text Articles in European History

Terra Nullius And The Svalbard Question: Exploring An Anomaly In International Law, Luke H. Campopiano May 2020

Terra Nullius And The Svalbard Question: Exploring An Anomaly In International Law, Luke H. Campopiano

Undergraduate Honors Theses

This honors thesis explores the usage of terra nullius in the context of the negotiations concerning sovereignty over the Arctic archipelago of Svalbard. Previous scholarship has emphasized the Svalbard Commission’s solution of Norwegian sovereignty, while largely ignoring the many intriguing suggestions at the time for divided or limited sovereignty in the archipelago. Intimately linked to these legal roads-not-taken is terra nullius, a Latin legal term that means “no man’s land.” This thesis will focus on the differing uses of terra nullius by legal scholars, diplomats, explorers, scientists, and corporate lobbyists with the aim of providing a comprehensive understanding ...


The Unwavering Movement: Integrating Reason Into British Penal Code 1730-1823, Rebecca M. Good Dec 2019

The Unwavering Movement: Integrating Reason Into British Penal Code 1730-1823, Rebecca M. Good

International ResearchScape Journal

Between the early 16th and 18th centuries, English attitude towards crime and correction were based on the strong held belief that faith and religion were the only cure to immorality. Lawmakers began to threaten citizens with capital punishment for menial crimes such as petty theft and begging. Resulting of a moral panic, lawmakers turned to the deterrence to dissuade citizens from partaking in criminal activity. The list of crimes punishable by death in England rose from 50 offenses in 1688 to over 220 in 1815. This article explains the origins of the Bloody Code and how Enlightenment-Era thought ...


Book Review: Hitler’S Atrocities Against Allied Pows: War Crimes Of The Third Reich, Timothy Heck Dec 2019

Book Review: Hitler’S Atrocities Against Allied Pows: War Crimes Of The Third Reich, Timothy Heck

Genocide Studies and Prevention: An International Journal

Hitler’s Atrocities Against Allied PoWs cannot be regarded as an academic study of the fate awaiting captured Allied servicemen and women. Its narrow focus, socio-political goal, and limited engagement with the historiography prevent it from serving as more than a survey text or springboard. Chinnery attempts to tie the individual fates to a larger argument that the German armed forces and their security force compatriots were systematically responsible for the abuses described in the book. While the individual cases are compelling and some have a clear connection to explicit policies, the book does not succeed in linking its other ...


Film Review: Operation Finale, Melanie O'Brien Dec 2019

Film Review: Operation Finale, Melanie O'Brien

Genocide Studies and Prevention: An International Journal

In 1960, the Israeli intelligence agency, Mossad, undertook an operation in Argentina to capture the architect of the Final Solution, Adolf Eichmann, and bring him to Israel to stand trial. Operation Finale [Chris Weitz, 2018] tells the story of this intelligence operation: the actions of and challenges for the agents involved, in a way that captures the banality of Eichmann’s personality before it was put on show for the world to see in his televised trial. Operation Finale is available on Netflix, rendering it a Holocaust film with an extraordinarily large reach.


English Justices And Roman Jurists: The Civilian Learning Behind England's First Case Law, Thomas J. Mcsweeney Sep 2019

English Justices And Roman Jurists: The Civilian Learning Behind England's First Case Law, Thomas J. Mcsweeney

Thomas J. McSweeney

Article looks at a historical problem—the first use of case law by English royal justices in the thirteenth century—and makes it a starting point for thinking about the ways legal reasoning works in the modern common law. In the first Part of the Article, I show that, at its origin, the English justices’ use of decided cases as a source of law was inspired by the work civil and canon law scholars were doing with written authorities in the medieval universities. In an attempt to make the case that English law was on par with civil law and ...


Cartel Practices And Policies In The World War Ii Era, Caleb Yoken Jun 2019

Cartel Practices And Policies In The World War Ii Era, Caleb Yoken

Honors Theses

The goal of this thesis is to examine cartels in the World War II era: how and why they operated, why they existed, and any assistance they may or may not have received from their respective governments. This thesis, in particular, will focus on three countries, the United States, Germany, and Britain. Cartels are typically defined through the lens of monopolized business activity that can deal with anything from petroleum and steel to pharmaceuticals, and take actions to restrict output and raise prices to eliminate their competition. The research finds that cartels that operated in Europe during this era were ...


Casualties Of War? Refining The Civilian-Military Dichotomy In World War I, Eric Grube Apr 2019

Casualties Of War? Refining The Civilian-Military Dichotomy In World War I, Eric Grube

Madison Historical Review

Throughout the First World War, newspapers around the world mocked the British state for its lavish spending on captured German officers kept at Donington Hall, a refurbished English estate. Why was this camp such a controversial space of perceived decadence? I argue that its comforts seemed to linger from an earlier era, one in which military men exuded genteel civility as integral to their supposedly heroic service. The British state essentially enabled such treatment, and the public decried this space for sustaining the anachronism of aristocratic privilege in the face of a globalized total war. However, the German inmates expected ...


Raphaël Lemkin’S Derivation Of Genocide From His Analysis Of Nazi-Occupied Europe, Raffael Scheck Apr 2019

Raphaël Lemkin’S Derivation Of Genocide From His Analysis Of Nazi-Occupied Europe, Raffael Scheck

Genocide Studies and Prevention: An International Journal

The breadth and complexity of Lemkin’s definition of “genocide” results from several influences during the time he developed the concept. One of them is a belief that Nazi Germany was engineering a demographic revolution that would leave Germany predominant in Europe regardless of the outcome of the military conflict. This notion facilitated the assumption of a coherent cynical motivation behind disparate policies, laws, and decrees. Second, Lemkin’s daily work for the U.S. Government reinforced his focus on economic and legal matters and helps to explain why they occupy such a prominent place in his book Axis Rule ...


The Mass Murder Of The European Jews And The Concept Of ‘Genocide’ In The Nuremberg Trials: Reassessing Raphaël Lemkin’S Impact, Alexa Stiller Apr 2019

The Mass Murder Of The European Jews And The Concept Of ‘Genocide’ In The Nuremberg Trials: Reassessing Raphaël Lemkin’S Impact, Alexa Stiller

Genocide Studies and Prevention: An International Journal

Nuremberg’s prosecutors prominently used Lemkin’s genocide concept. They also dealt in detail with the mass murder of Europe’s Jews. However, for them ‘genocide’ and the Holocaust were not congruent. They used different definitions of Lemkin’s concept and interpreted the relationship between the mass murder of the European Jews and the entire mass violence of the Nazis differently. Lemkin had little influence on the application of his concept in the Nuremberg trials between 1945 and 1949. The implementation of the 1948 United Nations Genocide Convention put an end to the broad use of the original concept from ...


How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge Feb 2019

How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


The Failure Of Soft Law To Provide An Equitable Framework For Restitution Of Nazi-Looted Art, Michael J. Birnkrant Jan 2019

The Failure Of Soft Law To Provide An Equitable Framework For Restitution Of Nazi-Looted Art, Michael J. Birnkrant

Washington University Global Studies Law Review

It is estimated that over 20% of the art in Europe was looted by the Nazi regime during World War II. Many pieces were taken by force from Jewish art dealers, and much of the property taken during this period of Nazi spoliation was never returned. Heirs of looted art are still filing claims for restitution in various courts, but the current global patchwork of statutes of limitations and the availability of the “good faith purchaser defense” in many jurisdictions can render proceedings confusing and unjust.

This note explores the current state of the law regarding repatriation of Nazi-looted art ...


One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr Jan 2019

One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr

Law Faculty Scholarship

"One Rule of Law Project in Post-Soviet Russia" is published as Chapter 9 of the book At Home Abroad: Friendship First - A Look at Rule of Law Projects and Other International Insights, (ed. Joseph Nadeau, New York: Austin Macauley Publishers LLC, 2019). This book provides personal insights into an international cooperative effort to promote the rule of law in emerging democracies around the world. Professor Scherr's chapter examines the cultural context within a study of the rule-of-law project that was conducted between 1999 and 2004 in Vologda, Russia.


Evolving Conceptions Of Sovereignty As Applied To Membership In International Organizations, Luke C. Radice Jan 2019

Evolving Conceptions Of Sovereignty As Applied To Membership In International Organizations, Luke C. Radice

CMC Senior Theses

In the current international climate, both nations and individuals increasingly question both the validity and necessity of international organizations. This paper seeks to answer some of those questions, and to determine why countries choose to surrender significant portions of the national power that they are afforded under traditional perceptions of “Westphalian sovereignty”. This question is answered through an analysis of historical political thought on the concept of Sovereignty, then is applied to two case studies: the United Nations and the European Union, in which the benefits and downsides of surrendering sovereignty are discussed. Ultimately, this thesis concludes that the concept ...


Judicializing History: Mass Crimes Trials And The Historian As Expert Witness In West Germany, Cambodia, And Bangladesh, Rebecca Gidley, Mathew Turner Dec 2018

Judicializing History: Mass Crimes Trials And The Historian As Expert Witness In West Germany, Cambodia, And Bangladesh, Rebecca Gidley, Mathew Turner

Genocide Studies and Prevention: An International Journal

Henry Rousso warned that the engagement of historians as expert witnesses in trials, particularly highly politicized proceedings of mass crimes, risks a judicialization of history. This article tests Rousso’s argument through analysis of three quite different case studies: the Frankfurt Auschwitz trial; the Extraordinary Chambers in the Courts of Cambodia; and the International Crimes Tribunal in Bangladesh. It argues that Rousso’s objections misrepresent the Frankfurt Auschwitz trial, while failing to account for the engagement of historical expertise in mass atrocity trials beyond Europe. Paradoxically, Rousso’s criticisms are less suited to the European context that represents his purview ...


Nineteen Minutes Of Horror: Insights From The Scorpions Execution Video, Iva Vukušić Oct 2018

Nineteen Minutes Of Horror: Insights From The Scorpions Execution Video, Iva Vukušić

Genocide Studies and Prevention: An International Journal

After the fall of Srebrenica in summer of 1995, the Scorpions unit, dispatched to support the Bosnian Serb Army as it took over the enclave, shot six men in Trnovo. The men, three of whom were underage, were some of thousands of Bosnian Muslims that fell into the hands of Bosnian Serb troops, and that were executed in the days and weeks following July 11th. A member of the unit filmed the execution. Fragments of the video were first shown during the Slobodan Milosevic trial, and multiple times in the years after, in the courtrooms in The Hague and Belgrade ...


The Politics Of Wounds, Jonathan Nash Aug 2018

The Politics Of Wounds, Jonathan Nash

Electronic Thesis and Dissertation Repository

What configuration of strategies and discourses enable the white male and settler body politic to render itself as simultaneously wounded and invulnerable? I contextualize this question by reading the discursive continuities between Euro-America’s War on Terror post-9/11 and Algeria’s War for Independence. By interrogating political-philosophical responses to September 11, 2001 beside American rhetoric of a wounded nation, I argue that white nationalism, as a mode of settler colonialism, appropriates the discourses of political wounding to imagine and legitimize a narrative of white hurt and white victimhood; in effect, reproducing and hardening the borders of the nation-state. Additionally ...


The Nuremberg Trials Project At Harvard Law School: Making History Accessible To All, Judith A. Haran Jun 2018

The Nuremberg Trials Project At Harvard Law School: Making History Accessible To All, Judith A. Haran

Journal of Contemporary Archival Studies

This article is primarily a case study of the Nuremberg Trials Project at the Harvard Law School Library in Cambridge, Massachusetts. It begins with an historical note about the war crimes trials and their documentary record, including the fate of the several tons of trial documents that were distributed in 1949. The second part of the article is a description of the Harvard Law School Nuremberg project, including its history, goals, logistical considerations, digitization process and challenges, and resulting impact. The structure and function of the project website is described, followed by a description of a typical user experience, the ...


Radical Social Ecology As Deep Pragmatism: A Call To The Abolition Of Systemic Dissonance And The Minimization Of Entropic Chaos, Arielle Brender May 2018

Radical Social Ecology As Deep Pragmatism: A Call To The Abolition Of Systemic Dissonance And The Minimization Of Entropic Chaos, Arielle Brender

Student Theses 2015-Present

This paper aims to shed light on the dissonance caused by the superimposition of Dominant Human Systems on Natural Systems. I highlight the synthetic nature of Dominant Human Systems as egoic and linguistic phenomenon manufactured by a mere portion of the human population, which renders them inherently oppressive unto peoples and landscapes whose wisdom were barred from the design process. In pursuing a radical pragmatic approach to mending the simultaneous oppression and destruction of the human being and the earth, I highlight the necessity of minimizing entropic chaos caused by excess energy expenditure, an essential feature of systems that aim ...


The Presbyterian Enlightenment: The Confluence Of Evangelical And Enlightenment Thought In British America, Brandon S. Durbin May 2018

The Presbyterian Enlightenment: The Confluence Of Evangelical And Enlightenment Thought In British America, Brandon S. Durbin

Masters Theses, 2010-2019

Eighteenth-Century British American Presbyterian ministers incorporated covenantal theology, ideas from the Scottish Enlightenment, and resistance theory in their sermons. The sermons of Presbyterian ministers strongly indicate the intermixing of enlightenment and evangelical ideas. Congregants heard and read these sermons, spreading these ideas to the average colonist. This combination helps explain why American Presbyterians were so apt to resist British rule during the American Revolution. Protestant covenantal theology, derived from Protestant reformers like John Calvin and John Knox, emphasized virtue and duty. This covenant affected both the people and their rulers. When rulers failed to uphold their covenant with God, the ...


Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin Jan 2018

Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin

Manuscript Collection

(The Dorothy Moser Medlin Papers are currently in processing.)

This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.

Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011 ...


Syllabus Cpo 3103 (Rvbb): Politics Of Western Europe (Summer B 2018) Dec 2017

Syllabus Cpo 3103 (Rvbb): Politics Of Western Europe (Summer B 2018)

Dr. Lukas K. Danner

No abstract provided.


The Pedagogical Needs Of Children And Adults Living In The Calais Jungle Refugee Camp: Existential Issues And Perspectives Of Volunteer Teachers And Workers, Theresa C. Bodon, Nancy K. Votteler Sep 2017

The Pedagogical Needs Of Children And Adults Living In The Calais Jungle Refugee Camp: Existential Issues And Perspectives Of Volunteer Teachers And Workers, Theresa C. Bodon, Nancy K. Votteler

FIRE: Forum for International Research in Education

This study aimed at examining the pedagogical needs and challenges of children and young adults living in a refugee camp in France known as the Calais Jungle. Through the researchers’ observations and interviews with volunteer teachers and workers at the camp, insights into their perspectives shed light on the pedagogical needs of refugees. Also, utilizing Paulo Freire’s philosophical stance, this study provides a contextual approach to the educational practices and ideological viewpoints represented within unregulated refugee camp settings.


Parchment As Power: The Effects Of Pre-Revolutionary Treaties On Native Americans From The Colonial Period To Present, Katie Wilkinson Sep 2017

Parchment As Power: The Effects Of Pre-Revolutionary Treaties On Native Americans From The Colonial Period To Present, Katie Wilkinson

The Purdue Historian

In colonial America, there was one resource that settlers were thirsty for and only Native Americans could provide: land. Europeans were interested in gaining possession of Native land via whatever methods would place the fertile soil into their greedy palms the fastest. As a result, they turned to a familiar practice to establish ownership – the written word, more specifically treaties. Unfortunately, the Europeans had fundamentally different thoughts concerning land than the Natives and it resulted in great forfeitures for tribes. While Native Americans were often tricked into land cessions, this was not always the case. Some of the reasons behind ...


Living Within The Margins: The Constitutional Culture Of Irish Life Law And Literature, Meghan Keator Jun 2017

Living Within The Margins: The Constitutional Culture Of Irish Life Law And Literature, Meghan Keator

Honors Theses

Serving as a stepping stone to asserting independence from British authority and oppression, the Bunreacht Na hÉireann, Ireland’s modern constitution, allowed the nation and its people finally to shape themselves by their own legal standards, customs, and norms. Yet, after years of oppression from forced British standards, Ireland began the search for its own distinct voice as a newly liberated, competitive country. This thesis explores how the Irish Constitution contributes to shaping a homogenous society that promotes normative views and behaviors that damagingly marginalize minority groups–who differ from such social standards. By examining the specific language, diction, order ...


Book Review: The History Of A Forgotten German Camp: Nazi Ideology And Genocide In Szmalcówka, Darren J. O'Brien May 2017

Book Review: The History Of A Forgotten German Camp: Nazi Ideology And Genocide In Szmalcówka, Darren J. O'Brien

Genocide Studies and Prevention: An International Journal

No abstract provided.


Civil War Or Genocide? The United Nations Commission Of Experts’ Misunderstanding Of The Third Balkan War Of The 1990s, Matthew G. Morley Jan 2017

Civil War Or Genocide? The United Nations Commission Of Experts’ Misunderstanding Of The Third Balkan War Of The 1990s, Matthew G. Morley

Grand Valley Journal of History

When the country of Yugoslavia disintegrated into war, the United Nations created a research commission, the Yugoslav Commission of Experts, to document war crimes. This commission, led by Cherif M. Bassiouni, depicted the conflict as a perpetual problem with historical roots and also as having victims on both sides, which presented a legal-definitional paradox to the Security Council, requiring litigation of principles, categorization of conflicts, and discussion of further involvement - if applicable. This paper traces the essentialist understandings of the Commission of Experts and the International Human Rights Law Institute – two groups that otherwise had good intentions to bring about ...


East West Street: Personal Stories About Life And Law, Philippe Sands Jan 2017

East West Street: Personal Stories About Life And Law, Philippe Sands

Washington University Global Studies Law Review

No abstract provided.


Examining The Efficacy Of French Asylum Policies And Refugee Integration Effects, Roberto Cordero Jan 2017

Examining The Efficacy Of French Asylum Policies And Refugee Integration Effects, Roberto Cordero

Honors Undergraduate Theses

This Thesis investigates the French asylum seeker legal framework and refugee integration effects based on evidence in government data, non-governmental organizations, and external sources. Specifically, the policies of the protected rights of asylum seekers from history to modern day in relation to its efficiency and respect to human rights. Despite the development of past models through reforms, some shortcomings and discrepancies still exist that adversely affect asylum rights and responsibility sharing among EU nations. A potential system that benefits the applicant in addition to the host country is possible by implementing a model that takes into consideration asylum preferences, socioeconomics ...


Book Review: Genocide On The Drina River, Iva Vukušić Oct 2016

Book Review: Genocide On The Drina River, Iva Vukušić

Genocide Studies and Prevention: An International Journal

No abstract provided.


Editors' Introduction, Melanie O'Brien, Joann Digeorgio-Lutz, Lior Zylberman, Christian Gudehus, Douglas Irvin-Erickson, Randle Defalco, Hilary Earl Jun 2016

Editors' Introduction, Melanie O'Brien, Joann Digeorgio-Lutz, Lior Zylberman, Christian Gudehus, Douglas Irvin-Erickson, Randle Defalco, Hilary Earl

Genocide Studies and Prevention: An International Journal

No abstract provided.