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Full-Text Articles in Political Science

Bridging The International Law-International Relations Divide: Taking Stock Of Progress, Adam C. Irish, Charlotte Ku, Paul F. Diehl Sep 2019

Bridging The International Law-International Relations Divide: Taking Stock Of Progress, Adam C. Irish, Charlotte Ku, Paul F. Diehl

Charlotte Ku

No abstract provided.


The Finnish Line: Verbal Tactics Of Small States In Immature Anarchy, Christopher Main May 2019

The Finnish Line: Verbal Tactics Of Small States In Immature Anarchy, Christopher Main

Theses and Dissertations

The rules-based international system which has steadily emerged over the last century is in decline. Realists fail to realize that the fundamental anarchy of the international system can mature into a rules-based system which constrains geopolitics. Liberals fail to realize that it can regress in the opposite direction, towards the self-help system described by the realists. Small states stand to lose the most in this regression and are least equipped to fight it by material means. Finland is an ideal example of such a small state, and its foreign policy is articulated by President Sauli Niinistö. This paper will analyze ...


The Right To Migrate: A Human Rights Response To Immigration Restrictionism In Argentina, David C. Baluarte Jan 2019

The Right To Migrate: A Human Rights Response To Immigration Restrictionism In Argentina, David C. Baluarte

Washington University Global Studies Law Review

Within days of President Donald Trump’s 2017 Executive Orders on border security and immigration enforcement, President Mauricio Macri of Argentina issued a Decree to address what he declared was an urgent problem of immigrant criminality. The timing of the two Presidents’ actions triggered concerns that U.S.-style restrictionist immigration regulation was spreading to South America, a continent that has taken progressive steps towards recognizing the human rights of migrants in recent years. Until Macri’s 2017 Decree, Argentina was considered a leader in this regard, with its 2004 immigration law that boldly codified a “right to migrate” and ...


Do Self-Reporting Regimes Matter? Evidence From The Convention Against Torture, Beth A. Simmons, Cosette D. Creamer Jan 2019

Do Self-Reporting Regimes Matter? Evidence From The Convention Against Torture, Beth A. Simmons, Cosette D. Creamer

Faculty Scholarship at Penn Law

International regulatory agreements depend largely on self-reporting for implementation, yet we know almost nothing about whether or how such mechanisms work. We theorize that self-reporting processes provide information for domestic constituencies, with the potential to create pressure for better compliance. Using original data on state reports submitted to the Committee Against Torture, we demonstrate the influence of this process on the pervasiveness of torture and inhumane treatment. We illustrate the power of self-reporting regimes to mobilize domestic politics through evidence of civil society participation in shadow reporting, media attention, and legislative activity around anti-torture law and practice. This is the ...


The Duty To Prevent Genocide Under International Law: Naming And Shaming As A Measure Of Prevention, Björn Schiffbauer Dec 2018

The Duty To Prevent Genocide Under International Law: Naming And Shaming As A Measure Of Prevention, Björn Schiffbauer

Genocide Studies and Prevention: An International Journal

In contrast to prosecuting and punishing committed acts of genocide, the Genocide Convention is silent as to means of preventing future acts. Today it is generally accepted that the duty to prevent is legally binding, but there is still uncertainty in international law about its specific content. This article seeks to fill this gap in the light of the object and purpose of the Genocide Convention. It provides a minimum requirement approach, i.e. indispensable State actions to comply with their duty to prevent: naming and shaming situations of genocide as what they are. Even situations from times before the ...


The Legality And Illegality Of Russian Hegemony In Ukraine, Benedikt Munzar Jan 2018

The Legality And Illegality Of Russian Hegemony In Ukraine, Benedikt Munzar

Global Tides

The recent Russian annexation of Ukraine and the Russian support of rebels in southeastern Ukraine has been met with fierce international condemnation. In light of its violation of multiple international laws and agreements, Russia has argued that it’s acting merely to support the interests of Russian minorities abroad. Given Russia’s intimate history with Ukraine and recent questionable actions from Ukraine towards its Russian minority, the facts leading up to this standoff may provide some justification for Russia’s stance as well as criticism towards Ukrainian policies and Western interference in the Ukrainian referendum. Despite this discrepancy, Russia is ...


Guyana-Venezuela Border Dispute: Seeking A Peaceful Solution, Aaron Marcus Homer Jan 2018

Guyana-Venezuela Border Dispute: Seeking A Peaceful Solution, Aaron Marcus Homer

Dissertations and Theses

The purpose of this thesis is to examine and evaluate the effectiveness of those dispute settlement mechanisms that are capable of resolving the Guyana-Venezuela border dispute. This thesis will analyze those legal principles and/or techniques of the International Court of Justice, mediation and the Permanent Court of Arbitration, which are indispensable for dispute resolution. I argue that a resolution is significant for the stability of the international community.

Guyana and Venezuela possess economic and political interests in the disputed Essequibo region. Venezuela’s predilection for bilateral negotiations contradicts Guyana’s request for a judicial solution. These extreme positions are ...


Crime On The High Seas: What Conditions Are Necessary To Achieve Effective Maritime Governance Regime?, Michael A. Celic Jan 2018

Crime On The High Seas: What Conditions Are Necessary To Achieve Effective Maritime Governance Regime?, Michael A. Celic

Dissertations and Theses

This thesis explores why international maritime governance regimes have inconsistent rates of success. The global community relies on the world’s oceans for food, trade, and resources. Therefore, the regulation of these oceans is necessary to provide adequate passage through its waters and the management of all the resources they supply for the mutual benefit of all. Although there are international laws such as the United Nations Convention of the Law of the Seas (UNCLOS), many of these laws fail to address current global threats and have proven inadequate in forming proactive collective responses. It is particularly problematic addressing transnational ...


Presidential Control Over International Law, Curtis A. Bradley, Jack L. Goldsmith Jan 2018

Presidential Control Over International Law, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

Presidents have come to dominate the making, interpretation, and termination of international law for the United States. Often without specific congressional concurrence, and sometimes even when it is likely that Congress would disagree, the President has developed the authority to:

(a) make a vast array of international obligations for the United States, through both written agreements and the development of customary international law;

(b) make increasingly consequential political commitments for the United States on practically any topic;

(c) interpret these obligations and commitments; and

(d) terminate or withdraw from these obligations and commitments.

While others have examined pieces of this ...


Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark Nevitt, Robert V. Percival Jan 2018

Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark Nevitt, Robert V. Percival

Faculty Scholarship at Penn Law

Climate change is fundamentally transforming both the Arctic and Antarctic polar regions. Yet they differ dramatically in their governing legal regimes. For the past sixty years the Antarctic Treaty System (ATS), a traditional “hard law” international law treaty system, effectively de-militarized the Antarctic region and halted competing sovereignty claims. In contrast, the Arctic region lacks a unifying Arctic treaty and is governed by the newer “soft law” global environmental law model embodied in the Arctic Council’s collaborative work. Now climate change is challenging this model. It is transforming the geography of both polar regions, breaking away massive ice sheets ...


Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger Nov 2017

Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger

Errol Meidinger

Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.

This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar patterns ...


The Heterogeneity Of Regulatory Methods In The Use Of The Internet, N. Nugmanov Oct 2017

The Heterogeneity Of Regulatory Methods In The Use Of The Internet, N. Nugmanov

International Relations: Politics, Economics, Law

This article deals with regulatory methods which arise The heterogeneity in the presence of the Internet. Nowadays the Internet is a global automated information system that create the basis of formation and development of the information society. The Article consider the role of the Internet in society and scrutinizes the main directions of international and national legislation in the sphere of Internet relations.


Enforcing The Fcpa: International Resonance And Domestic Strategy, Rachel Brewster Jan 2017

Enforcing The Fcpa: International Resonance And Domestic Strategy, Rachel Brewster

Faculty Scholarship

The Foreign Corrupt Practices Act (“FCPA”), which bans corporations from offering bribes to foreign government officials, was enacted during the Watergate era’s crackdown on political corruption but remained only weakly enforced for its first two decades. American industry argued that the law created an uneven playing field in global commerce, which made robust enforcement politically unpopular. This Article documents how the executive branch strategically under- enforced the FCPA, while Congress and the President pushed for an international agreement that would bind other countries to rules similar to those of the United States. The Article establishes that U.S. officials ...


The Planner In Action: China’S Influence As A Developing And Non-Market Economy On The Wto, Lauren Shapiro Apr 2016

The Planner In Action: China’S Influence As A Developing And Non-Market Economy On The Wto, Lauren Shapiro

CUREJ - College Undergraduate Research Electronic Journal

Chinese accession to the World Trade Organization in 2001 forever altered the international economy as it marked the political-economic diversification of international trade negotiations and law. Before the implications of Chinese accession became apparent, scholars predicted that Chinese WTO membership would greatly affect the Organization. While this thesis agrees with this general sentiment, it insists that China’s effect on the WTO is not wholly negative or positive and requires a nuanced, sub-institutional assessment to understand. Qualifying and expanding upon scholars’ pre-2001 predictions, this thesis argues that for the most part, China did not proactively cause instances of institutional weakness ...


Trafficking Smuggled Migrants: An Issue Of Vulnerability, Rachel A. Hews Jan 2016

Trafficking Smuggled Migrants: An Issue Of Vulnerability, Rachel A. Hews

Global Tides

This paper analyzes why the UN’s efforts against the sex trafficking of smuggled migrants, specifically regarding the Palermo and Smuggling Protocols, have been inadequate in preventing migrant smuggling. It concludes that the crime-based focus on prosecution overshadows prevention of the crime and protection of the victims, and that a human rights approach addressing the vulnerability of smuggled migrants would be more effective in reducing migrant smuggling long-term. Proposed solutions include decreasing both the “push” and “pull” factors of migration by ratifying existing legislation regarding basic human rights, implementing national policies that increase migrant rights in destination countries, and shifting ...


Can Greece Be Expelled From The Eurozone? Toward A Default Rule On Expulsion From International Organizations, Joseph Blocher, Mitu Gulati, Laurence R. Helfer Jan 2016

Can Greece Be Expelled From The Eurozone? Toward A Default Rule On Expulsion From International Organizations, Joseph Blocher, Mitu Gulati, Laurence R. Helfer

Faculty Scholarship

The ongoing European crisis has raised uncomfortable questions about the conditions under which treaty-based unions of nations like the EU or the EMU can legally expel a member—Greece being the most obvious candidate. The EU, for example, has rules governing the voluntary withdrawal of members, but says nothing about whether a member can be expelled. As a matter of international law, what does the silence mean? Put differently: What is the default rule regarding expulsions when a treaty says nothing about forced withdrawals? Is there an absolute bar on expulsion, as some have suggested? Conversely, is there an implicit ...


Does Brexit Spell The Death Of Transnational Law?, Ralf Michaels Jan 2016

Does Brexit Spell The Death Of Transnational Law?, Ralf Michaels

Faculty Scholarship

The British leave vote in the referendum on EU membership has important implications for how we think about law . The vote must be viewed as a manifestation of a globalized nationalism that we find in many EU member states and many other countries. As such, it is also a challenge of the idea of transnational law, forcefully introduced in Jessup’s book on Transnational law 60 years ago. In this paper, I suggest that the hope to return from transnational law to the nation state of the 19th century is nostalgic and futile. However, I argue that transnational law has ...


The Corporatization Of Justice: Clashes Between International Arbitration And National Environmental Regulations, Scott Novak Jan 2016

The Corporatization Of Justice: Clashes Between International Arbitration And National Environmental Regulations, Scott Novak

Honors Program Theses

In light of the controversies surrounding international arbitration systems and the growing threat of global climate change, this paper aims to answer the following questions: Do international trade arbitration mechanisms undermine national environmental regulations and initiatives, and if so, in what ways does this happen, and how might these mechanisms be reformed? By applying four different theoretical models of international arbitration to four cases studies illustrating how state environmental policies have clashed with private interests in the past, I develop a comprehensive power-based model of arbitration that provides insight into international arbitration systems' current inequities and how these systems may ...


Presidential War Powers As An Interactive Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith Jan 2016

Presidential War Powers As An Interactive Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith

Faculty Scholarship at Penn Law

There is a rich literature on the circumstances under which the United Nations Charter or specific Security Council resolutions authorize nations to use force abroad, and there is a rich literature on the circumstances under which the U.S. Constitution and statutory law allows the President to use force abroad. These are largely separate areas of scholarship, addressing what are generally perceived to be two distinct levels of legal doctrine. This Article, by contrast, considers these two levels of doctrine together as they relate to the United States. In doing so, it makes three main contributions. First, it demonstrates striking ...


The Supreme Court As A Filter Between International Law And American Constitutionalism, Curtis A. Bradley Jan 2016

The Supreme Court As A Filter Between International Law And American Constitutionalism, Curtis A. Bradley

Faculty Scholarship

As part of a symposium on Justice Stephen Breyer’s book, “The Court and the World,” this essay describes and defends the Supreme Court’s role as a filter between international law and the American constitutional system. In this role, the Court ensures that when international law passes into the U.S. legal system, it does so in a manner consistent with domestic constitutional values. This filtering role is appropriate, the Essay explains, in light of the different processes used to generate international law and domestic law and the different functions served by these bodies of law. The Essay provides ...


A Refugee Paradox? Processes Of Inclusion And Exclusion Of Bosnian Refugees In Germany And Sweden, Brittany S. Beyer May 2015

A Refugee Paradox? Processes Of Inclusion And Exclusion Of Bosnian Refugees In Germany And Sweden, Brittany S. Beyer

Syracuse University Honors Program Capstone Projects

The aim of this project is to explain what factors account for the differentials in treatment of Bosnian refugees in Sweden and Germany. Although both of these states are signatories of the same international conventions that govern states’ humanitarian obligations toward refugees, the resources available to the refugees varied greatly between both countries, which in turn influenced the lived experiences of the Bosnian refugees. This paper examines these discrepancies within the contexts of ideas about national citizenship, the existence of governmental institutions designed to foster refugee integration, and external, non-state factors such as the media and other charitable organizations that ...


The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo Mar 2015

The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo

Global Tides

This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle ...


Framing For A New Transnational Legal Order: The Case Of Human Trafficking, Paulette Lloyd, Beth A. Simmons Jan 2015

Framing For A New Transnational Legal Order: The Case Of Human Trafficking, Paulette Lloyd, Beth A. Simmons

Faculty Scholarship at Penn Law

How does transnational legal order emerge, develop and solidify? This chapter focuses on how and why actors come to define an issue as one requiring transnational legal intervention of a specific kind. Specifically, we focus on how and why states have increasingly constructed and acceded to international legal norms relating to human trafficking. Empirically, human trafficking has been on the international and transnational agenda for nearly a century. However, relatively recently – and fairly swiftly in the 2000s – governments have committed themselves to criminalize human trafficking in international as well as regional and domestic law. Our paper tries to explain this ...


The Death Of Deference And The Domestication Of Treaty Law, Harlan G. Cohen Jan 2015

The Death Of Deference And The Domestication Of Treaty Law, Harlan G. Cohen

Scholarly Works

How much deference do courts give to Executive branch views on treaty interpretation? The Restatement (Third) of the Foreign Relations Law of the United States tells us that courts “will give great weight to an interpretation made by the executive branch,” and earlier empirical studies suggested that deference to Executive in such cases was robust. But is that still the case? The Supreme Court’s rejection of the Executive’s view in a series of high profile cases including Hamdan v. Rumsfeld, BG Group PLC v. Republic of Argentina, and Bond v. United States should raise some doubts. This short ...


Ending Security Council Resolutions, Jean Galbraith Jan 2015

Ending Security Council Resolutions, Jean Galbraith

Faculty Scholarship at Penn Law

The Security Council resolution implementing the Iran deal spells out the terms of its own destruction. It contains a provision that allows any one of seven countries to terminate its key components. This provision – which this Comment terms a trigger termination – is both unusual and important. It is unusual because, up to now, the Security Council has almost always either not specified the conditions under which resolutions terminate or used time-based sunset clauses. It is important not only for the Iran deal, but also as a precedent and a model for the use of trigger terminations in the future. The ...


China's Nine-Dashed Map: Maritime Source Of Geopolitical Tension, Bert Chapman Oct 2014

China's Nine-Dashed Map: Maritime Source Of Geopolitical Tension, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

The South China Sea (SCS) is becoming an increasingly contentious source of geopolitical tension due to its significance as an international trade route, possessor of potentially significant oil and natural gas resources, China’s increasing diplomatic and military assertiveness, and the U.S.’ recent and ongoing Pacific Pivot strategy. Countries as varied as China, Taiwan, the Philippines, Indonesia and other adjacent countries have claims on this region’s islands and natural resources. China has been particularly assertive in asserting its SCS claims by creating a nine-dash line map claiming to give it de facto maritime control over this entire region ...


Bridging The International Law-International Relations Divide: Taking Stock Of Progress, Adam C. Irish, Charlotte Ku, Paul F. Diehl Jun 2014

Bridging The International Law-International Relations Divide: Taking Stock Of Progress, Adam C. Irish, Charlotte Ku, Paul F. Diehl

Georgia Journal of International & Comparative Law

No abstract provided.


Crimea And The International Legal Order, William W. Burke-White Jan 2014

Crimea And The International Legal Order, William W. Burke-White

Faculty Scholarship at Penn Law

A key balance between two of the most fundamental principles of the post-World War II international legal and political order is at stake today in Ukraine. Particularly in its annexation of Crimea, Russia has exploited the tension between a fundamental principle that prohibits the acquisition of territory through the use of force and an equally fundamental right of self-determination. Russia’s reinterpretation of these two principles could well destabilize the tenuous balance between the protection of individual rights and the preservation of states’ territorial integrity that undergirds the post World War II order. In determining the precedent that will be ...


The Spratly Islands Dispute: International Law, Conflicting Claims, And Alternative Frameworks For Dispute Resolution, Robin Gonzales Jan 2014

The Spratly Islands Dispute: International Law, Conflicting Claims, And Alternative Frameworks For Dispute Resolution, Robin Gonzales

Calvert Undergraduate Research Awards

The Spratly islands dispute is a regional maritime territorial sovereignty dispute which involves six countries in the South China Sea – China, Taiwan, Vietnam, Philippines, Malaysia and Brunei. Underscored by the prospects of large natural energy reserves, control of strategic global maritime areas, and shifting global power dynamics, the dispute has significant international geo-strategic, economic, political and legal implications. This Honors Thesis evaluates the international legal standards for resolving maritime sovereignty disputes, provides a historiography of the six countries’ competing claims, and analyzes the legal soundness of their claims. This thesis also proposes and examines potential political and diplomatic frameworks as ...


Regional Regimes For The Defense Of Democracy And Coups D'Etat, Jacob P. Wobig Apr 2013

Regional Regimes For The Defense Of Democracy And Coups D'Etat, Jacob P. Wobig

Political Science Department -- Theses, Dissertations, and Student Scholarship

Does international law work, and if so, how? In the last twenty years eight regional intergovernmental organizations have adopted treaties requiring all participants to be democracies and specifying sanctions to be leveled against members that cease to be democracies. In this work I examine to what extent these agreements are helping protect the governments of their members from coups. I find that, between 1991 and 2008, states subject to these treaties were less likely to experience attempted coups d’etat, and were less likely to be overthrown when coups were attempted, but that the evidence varies widely in particular cases ...