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Full-Text Articles in Political Science

What Does It Mean To Belong In San Antonio? How The Battle Of The Alamo And The Cart Wars Shaped What It Means To Be American Through The Institutionalization Of Discrimination And Violence Toward Those Of Mexican Descent, Madison Endesha Sharp-Johnson Jan 2018

What Does It Mean To Belong In San Antonio? How The Battle Of The Alamo And The Cart Wars Shaped What It Means To Be American Through The Institutionalization Of Discrimination And Violence Toward Those Of Mexican Descent, Madison Endesha Sharp-Johnson

Senior Projects Spring 2018

Senior Project submitted to The Division of Social Studies of Bard College.


No Lost Generations: Refugee Children And Their Human Right To Education, From The Holocaust To The Syrian Civil War, Jessica Warner Mar 2017

No Lost Generations: Refugee Children And Their Human Right To Education, From The Holocaust To The Syrian Civil War, Jessica Warner

MAIS Projects and Theses

International law protects the right to education for refugee children, as is stated in multiple treaties and documents, such as the Universal Declaration of Human Rights (1948), the Convention Relating to the Status of Refugees (1951), the International Covenant on Economic, Social, and Cultural Rights (1966), and the Convention on the Rights of the Child (1990). The purpose of this research is to highlight the historical development of education for refugee children, through programs led by Intergovernmental Organizations (IGOs), as well as to emphasize the importance of education as part of current humanitarian interventions. This thesis examines a past example ...


Constitutionalizing Health: Rights, Democracy And The Political Economy Of Health Policy, Matthew M. Kavanagh Jan 2017

Constitutionalizing Health: Rights, Democracy And The Political Economy Of Health Policy, Matthew M. Kavanagh

Publicly Accessible Penn Dissertations

In recent decades there has been an increasing trend toward “constitutionalizing” health—identifying health as a right in national constitutions. Today more than half of written constitutions in the world contain such a right. Whether that is good, bad, or immaterial for the production of population health, however, is much debated. Does constitutionalization improve wellbeing or might it simply distract from or distort good health policy? This dissertation uses a nested analysis that pairs a large-N statistical analysis of 40 years of global health data with in-depth interviews with over 165 policymakers, activists, elected officials, lawyers, and judges in South ...


Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen Apr 2016

Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen

Scholarly Undergraduate Research Journal at Clark

Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that ...


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 Dec 2015

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 ...


What Does Genocide Produce? The Semantic Field Of Genocide, Cultural Genocide, And Ethnocide In Indigenous Rights Discourse, Jeff Benvenuto Oct 2015

What Does Genocide Produce? The Semantic Field Of Genocide, Cultural Genocide, And Ethnocide In Indigenous Rights Discourse, Jeff Benvenuto

Genocide Studies and Prevention: An International Journal

The semantic field of genocide, cultural genocide, and ethnocide overlaps between Indigenous rights discourse and genocide studies. Since the 1970s, such language has been used to express grievances that have stimulated the construction of Indigenous rights in international law. These particular words signify general concerns with the integrity of Indigenous peoples, thereby undergirding a larger framework of normative beliefs, ethical arguments, and legal claims, especially the right to self-determination. Going back to the post-World War II era, this article traces the normative and institutional processes through which this overlapping discourse has emerged. Culminating with the adoption of the 2007 United ...


Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson Aug 2015

Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson

International Human Rights Law Journal

This paper examines the main legal elements of corporate criminal responsibility for involvement in serious human rights violations, focusing specifically on the mens rea, or mental element requirement of a crime. It analyzes in detail what it means for a business to be complicit, the degree of knowledge corporations and their officials must have to be implicated in accomplice liability, and a case study demonstrating the consequences of such liability on corporations.


Emigration As A Political Stance? Moroccan Migrants' Narratives Of Dignity, Human Rights And Minority Identities In Transnational Context, Anna Virkama Jul 2015

Emigration As A Political Stance? Moroccan Migrants' Narratives Of Dignity, Human Rights And Minority Identities In Transnational Context, Anna Virkama

Journal of Islamic and Middle Eastern Multidisciplinary Studies

The protest movements known as the Arab Spring brought the frustration and disappointment of the North African citizens with their governments to the world's attention. Five years after the Arab Spring, the issues of human rights and individual freedom remain important issues in the democratic transition of the Arab societies. Since the countries in North Africa have also been important migrant sending countries for decades, the connection between mass emigration and human right issues forms an interesting research area. This empirical article aims to bring a new perspective to the debate by analysing the narratives dignity, human rights and ...


Breaking The Shackled Silence: Unheard Voices Of Women From Kandhamal, Saumya Uma Jul 2014

Breaking The Shackled Silence: Unheard Voices Of Women From Kandhamal, Saumya Uma

Dr. Saumya Uma

Six years after the anti-Christian communal violence of 2008 in Kandamal district of Odisha state in India, justice and peace remain illusive to survivors of the violence. The book ‘Breaking the Shackled Silence’ documents and analyses the violence and its aftermath as seen and experienced by women. It examines the present status of women and girls affected by the violence, vis-à-vis their enjoyment of Constitutionally-guaranteed civil, political, social, economic and cultural rights. Drawn from conversations held with over 300 women and girls from Kandhamal and beyond, this report accentuates the hitherto unheard voices of women from Kandhamal.


Reconciling Liberalism And Judaism? Human Rights In Israel, Raphael Cohen-Almagor Jun 2014

Reconciling Liberalism And Judaism? Human Rights In Israel, Raphael Cohen-Almagor

raphael cohen-almagor

This essay argues that mixing religion in politics is problematic. It becomes destructive when the religion is unyielding and coercive. Whenever religious powers are on the rise, the foundations of liberal democracy are shaken and its protective mechanisms are regressing. Indeed, in Israel egalitarianism is still in the making. Orthodox Judaism and liberal democracy are in conflict. The rise of one comes at the expense of the other in a situation where religion does not encompass the concept of freedom from religion. This essay further argues that Palestinians and Israelis are entitled to the same rights and liberties. Accommodations and ...


Aiding And Abetting: The Illegality Of Morocco's Nationalist Expansion Into Western Sahara And Their Support From The United States, Rachid H. Yousfi May 2014

Aiding And Abetting: The Illegality Of Morocco's Nationalist Expansion Into Western Sahara And Their Support From The United States, Rachid H. Yousfi

Master's Theses

This paper will address the illegality of Morocco’s nationalist annexation of Western Sahara and how the United States plays the accommodating role through the selling of arms, economic aid, and diplomatic support. Considered as Africa’s last colony, the Saharawi people have not experienced the basic human right to self-determination and the right for independence. These rights are continued to be withheld for the sake of Moroccan nationalism and their “rightful and ethnic” claims to the territory, disregarding the International Court of Justice (ICJ)’s advisory opinion ruling in favor of Saharawi self-determination. It explores the chronology of the ...


Key Ingredients In The Rule Of Law Recipe: The Role Of Judicial Independence In The Effective Establishment Of The Rule Of Law, Lauren A. Shumate May 2014

Key Ingredients In The Rule Of Law Recipe: The Role Of Judicial Independence In The Effective Establishment Of The Rule Of Law, Lauren A. Shumate

Graduate Theses and Dissertations

In recent decades, countries around the globe have engaged in rule of law and judicial reform initiatives, with such efforts being most prominent in transitional democracies, post-conflict and post-communist countries. Despite the fact that the concepts of judicial independence and the rule of law continue to be contested among political and legal scholars, popular wisdom and belief in the international community suggests that an independent judiciary is the cornerstone of a democratic, market-based society based on the rule of law. However, the disagreement over the extent to which an independent judiciary effects the establishment of the rule of law has ...


A Vision Of An Emerging Right To Health Care In The U.S.: Expanding Health Care Equity Through Legislative Reform, Allison K. Hoffman Jan 2014

A Vision Of An Emerging Right To Health Care In The U.S.: Expanding Health Care Equity Through Legislative Reform, Allison K. Hoffman

Faculty Scholarship at Penn Law

When asked to write a chapter on how litigation has advanced a right to health in the U.S., I responded skeptically, both because evidence of the existence of any such right is weak and the role of litigation in promoting its development is small at best. A snapshot of the U.S. health care system evinces the absence of even a more narrow right to health care – a guarantee of equitable access to basic medical care. Instead, it reveals a fragmented picture of public and private financing that leaves many people lacking meaningful access to care. More so, the ...


Battered And Betrayed: A Report Of Visit To Muzaffarnagar Camps, Saumya Uma, Hasina Khan Dec 2013

Battered And Betrayed: A Report Of Visit To Muzaffarnagar Camps, Saumya Uma, Hasina Khan

Dr. Saumya Uma

In September 2013, there were anti-Muslim attacks in Muzaffarnagar and Shamli districts of Uttar Pradesh - a state in India. This report is based on a visit to relief camps in January 2014, and recounts the present status of victim-survivors of the violence, more particularly women and girls - the challenges they face and the extent to which reparative justice has been rendered.


El Estado Y Los Derechos Fundamentales. Una Guía Mínima Para El Alumno De Derecho, Teresa M. G. Da Cunha Lopes Dec 2013

El Estado Y Los Derechos Fundamentales. Una Guía Mínima Para El Alumno De Derecho, Teresa M. G. Da Cunha Lopes

Teresa M. G. Da Cunha Lopes

Antes de abordar la construcción y la evolución histórico-­doctrinal de los Derechos Fundamentales, nos parece obligatorio hacer una breve delimitación de los conceptos de Estado y de Soberanía, ya que el desarrollo del campo de los Derechos Humanos se hace de forma exterior al Ius propiam civitatis, y por veces contra él, contexto que la Globalización económica y la emergencia de la Sociedad de la Información han agudizado, ya que estas nuevas variables colocan problemas de transcendencia jurídica, funcional y transforman, radicalmente, las visiones tradicionalistas sobre jurisdicciones y competencias.


Faith, Freedom, And Us Foreign Policy: Avoiding The Proverbial Clash Of Civilizations In East And Southeast Asia, Eugene K. B. Tan Mar 2013

Faith, Freedom, And Us Foreign Policy: Avoiding The Proverbial Clash Of Civilizations In East And Southeast Asia, Eugene K. B. Tan

Research Collection School Of Law

In the immediate aftermath of 9/11, the primary weakness of US foreign policy, particularly in Southeast Asia which is home to the largest Muslim community in the world, was that it was driven by concerns over archipelagic Southeast Asia as the “second front” in the “global war against terror.” Military warfare and coercive legislation and enforcement are grossly inadequate in winning the hearts and minds of a community. Religion-wise, Asia is not a tabula rosa. Many religions have long co-existed in Asia. The virtues of religious freedom are not alien to Asia but need nurturing given the dominant imperatives ...


Smart Power For Hard Problems: The Role Of Special Operation Forces Strengthening The Rule Of Law And Human Rights In Africa, Kevin H. Govern Jan 2013

Smart Power For Hard Problems: The Role Of Special Operation Forces Strengthening The Rule Of Law And Human Rights In Africa, Kevin H. Govern

Kevin H. Govern

This article will assess the roles and responsibilities of Special Operations Forces (SOF) within the newly created U.S. Africa Command (AFRICOM) as an active proponent of a so-called “smart power” national security strategy. In particular, it will outline the economic, political, and military challenges faced in Africa; specifically, how and why SOCAFRICA is the U.S. force of choice for promoting human rights and rule of law in Africa. With the goals of the U.S. military in mind, questions will necessarily arise as to “what success looks like” for both the U.S. and African nations, and the ...


Migration And Disaster-Induced Displacement: European Policy, Practice, And Perspective, Michael D. Cooper Oct 2012

Migration And Disaster-Induced Displacement: European Policy, Practice, And Perspective, Michael D. Cooper

Michael D. Cooper, Esq.

Over the last decade, a series of devastating natural disasters have killed hundreds of thousands of people, displaced millions, and decimated the built environment across wide regions, shocking the public imagination and garnering unprecedented financial support for humanitarian relief efforts. Some suggest that disaster migration must be supported by the international community, first as an adaption strategy in response to climate-change, and second, as a matter of international protection. This study surveys the current state of law as it relates to persons displaced by natural disaster, with a specific focus on the 27 member states of the European Union plus ...


Radiography To The Chilean Human Rights Institution: Between Law And Politics, Sergio Verdugo Sverdugor@Udd.Cl, José Francisco Garía Jul 2012

Radiography To The Chilean Human Rights Institution: Between Law And Politics, Sergio Verdugo Sverdugor@Udd.Cl, José Francisco Garía

Sergio Verdugo R.

The article examines the fundamental recommendations for the national human rights institutions (NHRI) to function with proper autonomy against the state and, also, against NGOs that try to capture the commission´s agenda. The authors analyse the institutional design of the Chilean Human Rights Institution (INDH) and evaluates the profile and the nomination process of its membership. The paper provides evidence that demonstrates that the INDH´s research agenda is associated with a partial political view. Then, the authors suggest certain changes to strengthen the independence of the INDH.


Radiografía Al Sistema Interamericano De Dd.Hh., Sergio Verdugo Sverdugor@Udd.Cl, José Francisco García Jan 2012

Radiografía Al Sistema Interamericano De Dd.Hh., Sergio Verdugo Sverdugor@Udd.Cl, José Francisco García

Sergio Verdugo R.

Se realiza un análisis crítico al sistema interamericano de DD.HH. Se examina el diseño institucional y los equilibrios políticos existentes al interior de las instituciones más importantes de dicho sistema: la Comisión y la Corte Interamericanas. Se aporta evidencia acerca del funcionamiento de dichas instituciones y se constatan bajos niveles de accountability y de independencia de los jueces.


Apathy In The Face Of Cruelty, Ahmed Souaiaia Dec 2011

Apathy In The Face Of Cruelty, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.


The Bottom Up Journey Of 'Defamation Of Religion' From Muslim States To The United Nations: A Case Study Of The Migration Of Anti-Constitutional Ideas, Robert Blitt Dec 2010

The Bottom Up Journey Of 'Defamation Of Religion' From Muslim States To The United Nations: A Case Study Of The Migration Of Anti-Constitutional Ideas, Robert Blitt

Robert C. Blitt

This chapter is intended to elaborate on the existing academic literature addressing the migration of constitutional ideas. Through an examination of ongoing efforts to enshrine “defamation of religion” as a violation of international human rights, the author confirms that the phenomenon of migration is not restricted to positive constitutional norms, but rather also encompasses negative ideas that ultimately may serve to undermine international and domestic constitutionalism. More specifically, the case study demonstrates that the movement of anti-constitutional ideas is not restricted to the domain of “international security” law, and further, that the vertical axis linking international and domestic law is ...


Ockham's Theory Of Natural Rights, Siegfried Van Duffel, Jonathan Robinson Dec 2009

Ockham's Theory Of Natural Rights, Siegfried Van Duffel, Jonathan Robinson

Siegfried Van Duffel

Ockham's theory may well be the most influential medieval predecessor of contemporary theories of human rights. We suggest that it was also in a better condition than its descendants.


Killing History: The Effect Of Slavery And Wwii On The Death Penalty In America And Europe, Julie Turley Apr 2009

Killing History: The Effect Of Slavery And Wwii On The Death Penalty In America And Europe, Julie Turley

Global Honors Theses

The author examines the cultural and social factors that have impacted the United States’s and European Union’s opposing stances on capital punishment. Particular focus is paid to the United States’s history of race relations and views on economic inequality and to the influence of World War II on the EU’s human rights and welfare policies. The paper concludes with a discussion on how the US may enact its own path to abolition.


Law's Autonomy, Ashok Agrwaal Sep 2007

Law's Autonomy, Ashok Agrwaal

Ashok Agrwaal

Like entropy, autonomy exists. As such, the existence of autonomy does not need any law or laws, beyond itself and its nature. Autonomy can, therefore, be said to be an "original" state of human kind; or at least of the individual. Law, which is frequently seen as preserving/ maximising/ conferring autonomy is actually a device to usurp autonomy. The paper looks at a specific example of how the nation-state, the most powerful usurper of autonomies created till date, arrogates autonomy to itself, in the name of ‘public interest’. Needless to say, in the hands of the state, autonomy translates into ...


Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald Kochan Dec 2005

Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald Kochan

Donald J. Kochan

From Grotius to Hobbes to Locke to an unconventional modern pop-culture manifestation in Ali G, the concept of “respect” has always been understood as important in human interaction and human agreements. The concept of mutual understanding and obligation pervades human interaction, and, for purposes of this Article, international relations. Almost all basic principles in English, United States, and other country’s laws that value human and individual rights have based, over time, the development of their laws on the philosophical principle of respect. So much of common and statutory law is designed to enforce respect for others. The principle question ...


Bandipora Redux: A Tale From Two Insurgencies, Ashok Agrwaal Feb 2004

Bandipora Redux: A Tale From Two Insurgencies, Ashok Agrwaal

Ashok Agrwaal

This artixcle is based upon my work on State impunity in the context of the guaranteed right to life, in Punjab and Kashmir. The Indian state has fought insurgencies almost throughout its independent history: from Nagaland to Punjab, Andhra Pradesh to Kashmir, from the early 1950s to date. Among the many different kinds of human rights violations that the Indian security forces have been charged with, is the recurring charge that they force local people to act as 'human shields' \with a view to minimising uniformed casualties. These reports have been denied by the authorities who routinely provide other reasons ...


United Nations Tribunals And Complicity In Human Rights Violations: The Assassination Of Zoran Djindjic, Editor Mar 2003

United Nations Tribunals And Complicity In Human Rights Violations: The Assassination Of Zoran Djindjic, Editor

International Bulletin of Political Psychology

This article presents a hypothesis of untoward consequences through the reification of human rights.


Obedience To Authority As Obedience To Authority: Current Perspectives On The Milgram Paradigm, Editor Jan 2003

Obedience To Authority As Obedience To Authority: Current Perspectives On The Milgram Paradigm, Editor

International Bulletin of Political Psychology

This article considers political implications of the Milgram obedience studies and of how these studies have fared in professional and lay discourse. A point of departure for the article is a volume edited by Thomas Blass on the studies.


21st-Century Crusades And Demonizing Islam: Commentary On Inderfuth, Editor Sep 2001

21st-Century Crusades And Demonizing Islam: Commentary On Inderfuth, Editor

International Bulletin of Political Psychology

This article comments on public discourse transmitted through Western-financed mass media that attempts to demonize variants of Islam--e.g., that of the Taliban.