Open Access. Powered by Scholars. Published by Universities.®

Law

Institution
Keyword
Publication Year
Publication
Publication Type

Articles 1 - 30 of 71

Full-Text Articles in Near and Middle Eastern Studies

The Post-9/11 Lgbtq Human Rights Struggle In Egypt, Donna K. Huaman Feb 2019

The Post-9/11 Lgbtq Human Rights Struggle In Egypt, Donna K. Huaman

All Dissertations, Theses, and Capstone Projects

Since the turn of the twenty-first century, the struggle for LGBTQ human rights has become a leading standard that depicts whether or not a state can be considered modern and progressive. Yet, while this new criterion seems to be supported by Global North states, other nations in other regions, like Egypt from the Middle East, North Africa (MENA) has criticized the international pressure to implement this standard as neo-imperialist and inauthentic to its Muslim-Arab culture. Egypt claims to be the universal Arab-Muslim voice for the MENA region and has become one of the greatest challengers to the international campaign for ...


Terrorism In The Middle East: Implications On Egyptian Travel And Tourism, Tamer Z.F Mohamed, Tamer S. Elseyoufi Dec 2018

Terrorism In The Middle East: Implications On Egyptian Travel And Tourism, Tamer Z.F Mohamed, Tamer S. Elseyoufi

International Journal of Religious Tourism and Pilgrimage

This paper attempts to shed the light on challenging issues affecting travel and tourism industry especially in the Middle East such as political, socio-economic and security instability. Due to its geopolitical and historical importance, the paper focuses on the situation in Egypt as a descriptive case study. The methodology relies on historical review and impact assessment to understand the roots and extended branches of instability in the Middle East that led to the Arab Spring, by focusing on the Egyptian case in the last half century. The assessment explains the negative effect of Western and Egyptian policy on extending the ...


#Warcrimes #Postconflictjustice #Balkans: Youth, Performance Activism And The Politics Of Memory, Arnaud Kurze Dec 2018

#Warcrimes #Postconflictjustice #Balkans: Youth, Performance Activism And The Politics Of Memory, Arnaud Kurze

Arnaud Kurze

While literature in transitional justice has addressed conventional retributive and restorative justice mechanisms, scholarship focusing on the rise in youth activism to confront war crimes is underdeveloped. This article draws on over two-dozen in-depth interviews with youth activist leaders across the former Yugoslavia, focusing on their performance-based campaigns. I explain why the emergence of transitional justice youth activism in the Balkans falls short of the significant institutional reforms of earlier youth movement mobilizations in the region. I also throw light on why their performance activism is distinct from practices of older, established human rights organizations in the region. Notwithstanding, I ...


We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman Oct 2018

We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman

Indiana Journal of Constitutional Design

In this paper, I will examine three cases of violence against women that went through the Afghan formal legal system: the case of Farkhunda, the Paghman district gang rape case, and the case of Sahar Gul. In the first Part, I will discuss the formal legal system framework on which the cases are based. In the second Part, I will discuss the cases in detail. In the third Part, I will describe neo-liberal, reformist, and neo-fundamentalist approaches to interpretation of Islamic law, and I will then draw out pieces of the decisions from the three cases that closely match these ...


Women’S Divorce Rights In Jordan: Legal Rights And Cultural Challenges, Helen David Oct 2018

Women’S Divorce Rights In Jordan: Legal Rights And Cultural Challenges, Helen David

Independent Study Project (ISP) Collection

This research aims to examine women’s divorce rights in Jordan examining the topic both through their legal rights as well as through the cultural challenges and stigma that divorced women face. The research is focused specifically on the rights of Muslim women, who have to file for divorce through the Shari’a court system, in Jordan that are Jordanian nationals. The literature used in the research provides background insight into Jordan’s tribal system, family law in Jordan, and psychological theories that relate to group therapy and self-efficacy in divorced women. The researcher hypothesizes that despite the many socio-economic ...


North African Regular And Irregular Migration: The Case Of Libya, Mustafa O. Attir Sep 2018

North African Regular And Irregular Migration: The Case Of Libya, Mustafa O. Attir

New England Journal of Public Policy

Because of its geographical size and location, Libya has for centuries been a transit county for human movement across the region. Thus, its experience with immigrants has a long history. In the early 1970s, Libya became a destination for foreigners seeking jobs. Some entered the country legally, others illegally. All came to work, live, and send remittances back to their families. During the 1990s, when many migrants used Libya as a transit country for crossing the sea to Europe, the European Union started negotiating with the Libyan government to curb the flow of irregular migrants. In 2011, the country joined ...


Strategies For Stability And Sustainability In Euro-Mediterranean Migrations, Emanuela C. Del Re Sep 2018

Strategies For Stability And Sustainability In Euro-Mediterranean Migrations, Emanuela C. Del Re

New England Journal of Public Policy

In this article, the author provides a wide and vivid picture of the several dimensions of migration flows in the current global scenario and, in particular, in the Mediterranean. She proposes new interpretations of this complex phenomenon, analyzing its multiple aspects and characteristics and the push factors and policies and responses of the countries of origin, transit, and destination. She suggests new approaches and strategies to deal with the issue of migration, urging the EU member states and EU institutions to develop management policies for stability and sustainability that are welcoming and that respect human rights.


Syrian Refugees In Turkey: A Security Perspective, Federico Donelli Sep 2018

Syrian Refugees In Turkey: A Security Perspective, Federico Donelli

New England Journal of Public Policy

This study investigates the nexus between the mass movement of people and security and foreign policy behaviors. The assertion is that refugee flows intensify security issues among decision makers and members of society; consequently, new fears and wider perceptions of threats have several implications for foreign policy agenda. The article focuses on the theoretical analysis of the securitization of migration and its impact on foreign policy and security policy. It also analyzes, from a security perspective, the effect on Turkey of the refugees who arrived en masse from Syria during the past six years. The article concludes with an analysis ...


Syrian Refugees In Europe: Migration Dynamics And Political Challenges, Leila Hudson Sep 2018

Syrian Refugees In Europe: Migration Dynamics And Political Challenges, Leila Hudson

New England Journal of Public Policy

After 2011 the Syrian conflict caused growing numbers of residents to flee to escape escalating regime brutality and deteriorating economic conditions. In addition to a population of up to eight million internally displaced residents, at least four million Syrians fled to neighboring Arab states and Turkey. Conditions in those countries ranged from desperate to uncomfortable, and between 2014 and 2016 up to a million refugees continued on to seek asylum in Europe. In addition to the trauma of displacement the refugees experienced, the migration left traces on the host and transit countries in the form of economic and infrastructural challenges ...


Response And Responsibilities Of The Republic Of Macedonia In The Migrant And Refugees Crises, Toni Mileski Sep 2018

Response And Responsibilities Of The Republic Of Macedonia In The Migrant And Refugees Crises, Toni Mileski

New England Journal of Public Policy

The Republic of Macedonia has had a long history of dealing with migrants and refugees. Since the late nineteenth century, conflicts, including the Balkan Wars (1912–1913), the First and Second World Wars, the Greek civil war (1945–1949), the Kosovo conflict, and the 2001 internal security crisis, have caused successive waves of migration. More recently, armed conflict in the Middle East, especially in Syria, caused a migrant and refugee crisis that has deeply affected the country. This article analyses how the Republic of Macedonia has responded to this crisis. It examines the initial period of the crisis, the measures ...


The Mediterranean Refugee Crisis: Heritage, Tourism, And Migration, Marxiano Melotti Sep 2018

The Mediterranean Refugee Crisis: Heritage, Tourism, And Migration, Marxiano Melotti

New England Journal of Public Policy

The Mediterranean Sea has become a huge cemetery: many thousands of migrants have lost their lives trying to cross it in search of a better future. In 2015, more than a million migrants and refugees reached Europe through irregular means, but almost 4,000 went missing and probably drowned. In 2016, 364,000 arrived in Europe and more than 5,000 were lost en route. The arrivals in Italy by sea were 181,436 in 2016 and 119,369 in 2017. While UN organizations and EU governments seem unable or unwilling to face this epoch-making drama, the culture industry has ...


Introduction: Developing Strategies For Stability And A Sustainable Shared Development In Euro-Mediterranean Migrations, Emanuela C. Del Re Sep 2018

Introduction: Developing Strategies For Stability And A Sustainable Shared Development In Euro-Mediterranean Migrations, Emanuela C. Del Re

New England Journal of Public Policy

This special issue on migration offers a collection of contributions from prominent scholars, academics, and researchers from Europe, Africa, and the United States who provide a unique multilevel and prismatic analysis of this fundamental social phenomenon.


Examining Jordanians' Attitudes Towards Five Types Of Developmental Disabilities, Najah Zaaeed Drph, Mohammad M. Mohammad, Peter Gleason, Khaled A. Bahjri Md, Naomi Modeste Apr 2018

Examining Jordanians' Attitudes Towards Five Types Of Developmental Disabilities, Najah Zaaeed Drph, Mohammad M. Mohammad, Peter Gleason, Khaled A. Bahjri Md, Naomi Modeste

Journal of Refugee & Global Health

Background: The diagnosis and reported rates of persons with developmental disabilities (PWDDs) in Jordan is steadily increasing. Although initiatives have been implemented to improve the lives of PWDDs, attitudes towards PWDDs hinder successful inclusion in the Jordanian society.

Objectives: To examine the relationship between Jordanians socio-economic status and attitudes towards persons with developmental disabilities: autism, blindness, cerebral palsy, Down syndrome and muscular dystrophy.

Methods: Jordanians (N=259), ages 18-65 were recruited for this convergent parallel, mixed-methods study. Participants completed the modified 40-item Community Living Attitude Scale-developmental disability (CLAS-DD) and the modified Intellectual Disability Literacy Scale consisting of five vignettes, representing ...


Mental Maps, Occupation... Liberation? The Impact Of The Israel-Palestine Conflict On The Security And Legitimacy Of The State Of Israel And The Struggle Of Palestine, Malea Martin Apr 2018

Mental Maps, Occupation... Liberation? The Impact Of The Israel-Palestine Conflict On The Security And Legitimacy Of The State Of Israel And The Struggle Of Palestine, Malea Martin

Independent Study Project (ISP) Collection

The Israel-Palestine issue has been present for decades, making it one of the world’s most prominent unresolved conflicts. Conflict for Israel-Palestine over the years has meant war, border insecurity, questions of legitimacy and sovereignty, and today, the role of the international community in the issue. One of the most paradoxical aspects of the Israel-Palestine issue is that Israel’s unequal treatment of Palestinians in the occupied territories could be against Israel’s own interests in the long run. Given this conflict, the purpose of this paper, while contextualizing the long and divided historical nature of this issue, was to ...


The Syrian Refugee Crisis And The European Union: A Case Study Of Germany And Hungary, Simone-Ariane Schelb Nov 2017

The Syrian Refugee Crisis And The European Union: A Case Study Of Germany And Hungary, Simone-Ariane Schelb

FIU Electronic Theses and Dissertations

This thesis explores the impact of the Syrian refugee crisis on the Common European Asylum System. It evaluates the extent to which the European Union was able to implement a common asylum system, identifies discrepancies between different European countries, primarily Germany and Hungary, and briefly examines the roots of these differences. To this end, the structure of the international refugee protection regime and the German and Hungarian asylum systems are analyzed. Furthermore, the thesis explores how the governments of the two countries perceive the rights of refugees and how their views have affected their handling of the crisis. The case ...


Agency, Equality And Courage: A Case Study Of Women On The Front Lines Of Egypt’S 2011 Revolution, Carol Gray Nov 2017

Agency, Equality And Courage: A Case Study Of Women On The Front Lines Of Egypt’S 2011 Revolution, Carol Gray

Conference: The Social Practice of Human Rights

How were women involved in Egypt’s 2011 revolution/uprising? What role did they play vis-à-vis male activists? To what degree were Egyptian women “equal” during those 18 days in Tahrir Square? These questions will be explored within the context of interviews conducted by this writer in Cairo during and following Egypt’s 18-day revolution (uprising). This essay will explore the public/private sphere split, political consciousness-raising, and gender equality within the context of the stories of Egyptian women on the front lines of protest.

Much of the recent literature on women's protests in Egypt has focused on women ...


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.


The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College Aug 2017

The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College

Arbitration Law Review

No abstract provided.


Realizing An Opportunity: Limiting The Power Of The Executive In The Iraqi Constitution, Cory Kopitzke Jan 2017

Realizing An Opportunity: Limiting The Power Of The Executive In The Iraqi Constitution, Cory Kopitzke

Indiana Journal of Constitutional Design

In the summer of 2015, Iraqi citizens took to the streets in protest. After going without essential services, such as electricity, in the sweltering heat and after enduring corruption that undermined Iraqi forces battling the Islamic State, these citizens called for meaningful changes in the management of the Iraqi government and for the fulfillment of “democratic aspirations” enshrined in the Iraqi Constitution. In response to these protests, Iraqi Prime Minister, Haider al-Abadi, proposed sweeping reform measures to combat the decisive divides in the current administration. These reforms called for drastic change—including the elimination of the vice-president and deputy prime ...


Women And The Making Of The Tunisian Constitution, Rangita De Silva De Alwis, Anware Mnasri, Estee Ward Jan 2017

Women And The Making Of The Tunisian Constitution, Rangita De Silva De Alwis, Anware Mnasri, Estee Ward

Faculty Scholarship at Penn Law

This article attempts to glean from field interviews and secondary sources some of the sociopolitical complexities that underlay women’s engagement in Tunisia’s 2011-14 constitution-making process. Elucidating such complexities can provide further insight into how women’s engagement impacted the substance and enforceability of the constitution’s final text. We argue that, in spite of longstanding roadblocks to implement and enforce constitutional guarantees, the greater involvement of Tunisian women in the constitution drafting process did make a difference in the final gender provisions of Tunisia’s constitution. Although not all recommendations were adopted, Tunisian women were able to use ...


Israel And Palestine- An Analysis Of The 2014 Israel-Gaza War From A Genocidal Perspective, Shannon M. Culverwell Jan 2017

Israel And Palestine- An Analysis Of The 2014 Israel-Gaza War From A Genocidal Perspective, Shannon M. Culverwell

Senior Honors Projects, 2010-current

During the 2014 Israel-Gaza War, approximately 2,251 Palestinians and 73 Israelis were killed as a result of the fifty-one day long conflict. As the deadliest and most destructive conflict since 1948, the international community has widely condemned the actions taken by Israeli and Palestinian actors throughout the conflict. Despite international condemnation, currently the International Criminal Court (ICC) is the only institution conducting a criminal investigation into the recent conflict. Upon Palestine accession into the Rome Statute in June of 2015, the ICC opened a preliminary examination regarding alleged crimes committed in the occupied territory of Palestine since June 13 ...


Historical Trauma And Refugee Reception: Armenians And Syrian-Armenian Co-Ethnics, Nicole M. Campos Dec 2016

Historical Trauma And Refugee Reception: Armenians And Syrian-Armenian Co-Ethnics, Nicole M. Campos

Master's Theses

This thesis considers the ways in which Armenian history has influenced integration of Syrian-Armenian refugees into Armenia due to the ongoing Syrian War. Ethnic Armenian outlooks were analyzed relative to the influx of Syrian refugees, particularly co-ethnic Syrian-Armenians. Field work in Armenia found a sustained cultural impression of Armenians’ Soviet membership and genocide. Findings suggest that recognizing the importance of history as it may or may not affect migration reception policies and attitudes is important to developing sustainable resettlement environments, at least until repatriation or third-country resettlement becomes an option to migrants. Ultimately, this thesis argues that more attention must ...


The Conflict In Syria: Should The United States Get More Involved?, Jacob Peoples Nov 2016

The Conflict In Syria: Should The United States Get More Involved?, Jacob Peoples

Posters-at-the-Capitol

The purpose of this research is to explore the relations between Syria, Russia, and the United States in the Syrian civil war. The relationship has been in turmoil because of the complexities of the situation. Syria has been a designated state sponsor of terrorism since December 29, 1979, five years before the next designated state of Iran. Syria is a very important and strategic country and now more than ever has a large risk of being completely overrun by the newest terrorist group ISIS. The turmoil is possibly stemming initially from the result of a failed 1957 Central Intelligence Agency ...


#Warcrimes #Postconflictjustice #Balkans: Youth, Performance Activism And The Politics Of Memory, Arnaud Kurze Jul 2016

#Warcrimes #Postconflictjustice #Balkans: Youth, Performance Activism And The Politics Of Memory, Arnaud Kurze

Department of Justice Studies Faculty Scholarship and Creative Works

While literature in transitional justice has addressed conventional retributive and restorative justice mechanisms, scholarship focusing on the rise in youth activism to confront war crimes is underdeveloped. This article draws on over two-dozen in-depth interviews with youth activist leaders across the former Yugoslavia, focusing on their performance-based campaigns. I explain why the emergence of transitional justice youth activism in the Balkans falls short of the significant institutional reforms of earlier youth movement mobilizations in the region. I also throw light on why their performance activism is distinct from practices of older, established human rights organizations in the region. Notwithstanding, I ...


"With My People": Tunisia’S Lgbt Ngos And Activists, Meagan Burt Jul 2016

"With My People": Tunisia’S Lgbt Ngos And Activists, Meagan Burt

Independent Study Project (ISP) Collection

The Tunisian Revolution brought a sharp increase in the number of NGOs in the country, as well as a plethora of new rights which were unprecedented during the reign of former leader Ben Ali. Among these new organizations were those which specialized in progressing LGBT rights. The current laws in Tunisia, established during the French protectorate era, criminalize homosexuality and vaguely worded disgraces to public dignity. The revolution has allowed these organizations to exist and politically oppose these laws, yet LGBT Tunisians still experience a harassment, arrests, and intrusive anal examinations.

This study compares three LGBT NGOs – Damj, Mawjoudin, and ...


Self Sufficiency In Refugees, Sarah Zayed Jul 2016

Self Sufficiency In Refugees, Sarah Zayed

Independent Study Project (ISP) Collection

The Syrian refugee crisis has taken the world by storm as it is not only a Jordanian issue or a Middle Eastern issue but rather it is a humanitarian crisis. The intent of this research is to study Syrian refugees living in Jordan whom are living outside of refugee camps and their level of self-sufficiency. A few ideas the researcher has kept in mind throughout this study are: Are refugees working in the same fields as they did in Syria? Does Jordan really invest in these workers? What is the Syrian point of view? What is the Jordanian government point ...


The Challenges Of Isis And The Modern Nation-State, Matthew Burton Jun 2016

The Challenges Of Isis And The Modern Nation-State, Matthew Burton

Honors Theses

This essay examines the challenges that the so-called Islamic State, or ISIS, pose to the contemporary state system. The rise of ISIS in the territories of Iraq and Syria raises two fundamental questions, one conceptual the other directly political: First, ISIS’s claim to be a state and world powers’ resistance to this claim raises the question of what constitutes a state in today’s international system. Second, as a unique form of political organization that has become successful in the Middle East in a relatively short time, ISIS raises a number of practical political questions such as, what it ...


Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley May 2016

Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley

International Human Rights Law Journal

Japan has long been criticized for its failure to address the issue of international child abduction. In response to international pressure, Japan adopted the Hague Convention on the Civil Aspects of International Parental Abduction in April 2014. Despite its ratification of the treaty, great concern remains whether Japan is willing to comply with the legal obligations imposed by the Convention. This article examines Japan’s struggle with the issue of international child abduction, analyzing its traditional approach to family matters such as its “divorce by conference” system, which permits couples to negotiate issues of child custody and visitation without any ...


Human Rights In North Korea - The Pump Don't Work Cause The Vandals Took The Handles, Steven Gariepy May 2016

Human Rights In North Korea - The Pump Don't Work Cause The Vandals Took The Handles, Steven Gariepy

International Human Rights Law Journal

Many cynics of the universality of international human rights point to persistent large-scale human-rights abusing regimes, such as the Democratic Republic of North Korea, as proof that there is nothing at all universal about human rights. This essay is an attempt to root out the implications of internal national policies on the suitability of international human rights whilst reinforcing their universality. The author of this essay, a military lawyer, reaches the conclusion that the pump of universal human rights don't work within the North Korea cause the vandals took the handle.


A Proposed Enhancement To Un Treaty Enforcement: Regular Recommendations To Civil Society, Benjamin Bloomer May 2016

A Proposed Enhancement To Un Treaty Enforcement: Regular Recommendations To Civil Society, Benjamin Bloomer

International Human Rights Law Journal

The UN treaty body system is an imperative component in the enforcement of international human rights law, but it currently does not have the mechanisms sufficient for the effective internalization of international human rights law standards. One of its current mechanisms, namely, concluding observations, are by their nature of being addressed to states insufficient to ensure enforcement in state parties not politically, economically, socially, or culturally inclined to obey the recommendations. This article proposes a new publication that will better foster communication between civil society organizations and treaty bodies, allowing for a more highly coordinated effort of civil society in ...