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International Law

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Articles 1 - 30 of 201

Full-Text Articles in Political Science

No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome Apr 2019

No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome

Dermot M Groome

The conduct and quality of investigations pursued by the Office of the Prosecutor of the International Criminal Court have come under increasing scrutiny and criticism from judges on the Court. Criticism is directed at the time and length of investigations; the quality of the evidence advanced in court; the inappropriate delegation of investigative functions, and the failure to interview witnesses in a way that is consistent with the Prosecution’s obligation to conduct investigations fairly under Article 54 of the Rome Statute. This essay explores these criticisms and concludes that the judges are justified in their concerns regarding the Prosecution ...


Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 6.Pdf, Alec Stone Sweet Dec 2018

Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 6.Pdf, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Law(Makers) Of The Land: The Doctrine Of Treaty Non-Self-Execution, David H. Moore Feb 2018

Law(Makers) Of The Land: The Doctrine Of Treaty Non-Self-Execution, David H. Moore

David H. Moore

No abstract provided.


Medellin, The Alien Tort Statute, And The Domestic Status Of International Law, David H. Moore Feb 2018

Medellin, The Alien Tort Statute, And The Domestic Status Of International Law, David H. Moore

David H. Moore

No abstract provided.


A Kantian System Of Constitutional Justice: Rights, Trusteeship, Balancing, Alec Stone Sweet Oct 2017

A Kantian System Of Constitutional Justice: Rights, Trusteeship, Balancing, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr. Apr 2017

Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr.

Donna M. Hughes

Sexual exploitation and violence are rampant throughout the world, and academics are rightly pushing the issue into the public eye through their research and articles. University of Rhode Island professor Donna M. Hughes is at the forefront of the movement with the launch of an online academic journal, “Dignity,” dedicated to publishing papers about sexual exploitation, violence and slavery. The journal is the first academic journal in the world to address global sexual exploitation and well on its way to success.


De L'Affaire Katanga Au Contrat Social Global: Un Regard Sur La Cour Pénale Internationale, Juan Branco Nov 2016

De L'Affaire Katanga Au Contrat Social Global: Un Regard Sur La Cour Pénale Internationale, Juan Branco

Juan Branco

No abstract provided.


Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr. Sep 2016

Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.

Donna M. Hughes

Since the Korean War and permanent stationing of U.S. troops in the Republic of Korea (ROK), U.S. servicemen stationed in the ROK have purchased sex from women trafficked domestically and across international borders to work in bars and clubs surrounding U.S. military bases. For decades, the Department of Defense (DoD) and United States Forces Korea (USFK) denied that U.S. servicemen purchased sex and did not enforce the Uniform Code of Military Justice, Article 138-34 Pandering and Prostitution, which states that buying sex is illegal and punishable by military law. The DoD and USFK did not connect ...


Book Review. Secession: The Morality Of Political Divorce From Fort Sumter To Lithuania And Quebec By Allen Buchanan, Mary Ellen O'Connell Aug 2016

Book Review. Secession: The Morality Of Political Divorce From Fort Sumter To Lithuania And Quebec By Allen Buchanan, Mary Ellen O'Connell

Mary Ellen O'Connell

No abstract provided.


From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva Jul 2016

From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva

Benjamin Geva

No abstract provided.


Legitimacy Of Taiwan's Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh May 2016

Legitimacy Of Taiwan's Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh

Pasha L. HSIEH

The article analyzes Taiwan’s legitimacy debate over trade negotiations with China. The theoretical concept of legitimacy is used to assess Taiwan’s cross-straits negotiation mechanism and trade agreements. This article argues that Taiwan’s current legal framework governing congressional supervision of cross-straits agreements falls short of procedural legitimacy and performance legitimacy.  By explaining the constitutional design for Taiwan’s “white glove” mechanism, the article explores the initial procedural legitimacy deficit.  As cross-straits negotiations involve increasingly substantive obligations, the legitimacy of bilateral agreements has changed fundamentally. The massive protest in the Sunflower Movement due to the Services Trade Agreement reinforced ...


Agir Contre La Convergence: Les « Autorités Centrales » Et Le Réseau Mondial De La Lutte Contre La Criminalité Transnationale Et Le Terrorisme, Dan E. Stigall Mar 2016

Agir Contre La Convergence: Les « Autorités Centrales » Et Le Réseau Mondial De La Lutte Contre La Criminalité Transnationale Et Le Terrorisme, Dan E. Stigall

Dan E. Stigall

L'article de Dan Stigall soutient que, face à un ordre mondial de plus en plus instable, la nécessité d’une coopération internationale renforcée dans la lutte contre la criminalité transnationale et le terrorisme n'a jamais été aussi pressante. Les opérations menées par des groupes armés non étatiques, des terroristes et des organisations criminelles transnationales ont pris une dimension mondiale. De plus, comme l'ont montré les récents événements, ces groupes s'avèrent plus meurtriers, perturbateurs et déstabilisateurs que jamais. Il ressort toutefois qu'une coopération efficace contre de tels groupes exige d'importants ajustements dans ce que le ...


The International Politics Of Climate Engineering: A Review And Prospectus For International Relations, Joshua B. Horton, Jesse L. Reynolds Dec 2015

The International Politics Of Climate Engineering: A Review And Prospectus For International Relations, Joshua B. Horton, Jesse L. Reynolds

Jesse Reynolds

An emerging set of proposed technologies to reduce risks from climate change stands to dramatically alter the international politics of climate change and potentially much more. These large-scale intentional interventions in natural systems, typically called ‘climate engineering’ or ‘geoengineering’, may be able to break through the collective action problem of greenhouse gas emissions cuts and greatly reduce climate risks rapidly and at low cost. At the same time, they pose their own environmental and social risks while potentially turning international climate politics ‘upside down’. Tensions brought about by climate engineering could conceivably lead to international conflict and pose a threat ...


International Activity And Domestic Law, Adam I. Muchmore Aug 2015

International Activity And Domestic Law, Adam I. Muchmore

Adam I. Muchmore

This essay explores the ways States use their domestic laws to regulate activities that cross national borders. Domestic-law enforcement decisions play an underappreciated role in the development of international regulatory policy, particularly in situations where the enforcing State's power to apply its law extraterritorially is not contested. Collective action problems suggest there will be an undersupply of enforcement decisions that promote global welfare and an oversupply of enforcement decisions that promote national welfare. These collective action problems may be mitigated in part by government networks and other forms of regulatory cooperation.


Bending The Arc: How To Achieve Justice At The International Criminal Court, Jacqueline Mcallister Aug 2015

Bending The Arc: How To Achieve Justice At The International Criminal Court, Jacqueline Mcallister

Jacqueline McAllister

This article explores how the ICTY's experience in apprehending 'big fish' might inform the ICC's efforts to do the same.


Performance Anxiety Amongst Middle School-Aged Wind Instrumentalists As Influenced By Variations In Delivery Of Instructional Script Given By Adjudicators During Sight Reading, Jacqueline A. Mcallister Jun 2015

Performance Anxiety Amongst Middle School-Aged Wind Instrumentalists As Influenced By Variations In Delivery Of Instructional Script Given By Adjudicators During Sight Reading, Jacqueline A. Mcallister

Jacqueline McAllister

The primary purpose of this research paper was to study performance anxiety among middle school students during a sight-reading audition. Furthermore, this sutdy asks whether the manner in which directions are presented by the sight-reading adjudicator during the course of an audition has significant impact on the performance outcome. Participants (n=75) were middle school students attending a highly rated band program in the Miami-Dade County (Miami, FL) area. By use of investigator-derived surveys, levels of trait and state anxiety were determined before and after the sight-reading performance. Means and standard deviations were calculated for perceived anxiety and for the ...


Protecting Australia's Maritime Borders: The Mv Tampa And Beyond, Ben M. Tsamenyi, Christopher Rahman Jan 2015

Protecting Australia's Maritime Borders: The Mv Tampa And Beyond, Ben M. Tsamenyi, Christopher Rahman

Chris Rahman

The protection of Australia's maritime borders and sovereign interests at sea has, in recent times, increasingly become a leading national security issue. The arrangements for surveillance and enforcement in Australia's maritime zones have seemingly been in almost constant review in what has become a highly politicised issue. Furthermore, the increased incidence of seaborne illegal migration attempts in late 2001, together with the events of 11 September of that year has focused public, as well as official, attention upon all aspects of what has come to be known as "homeland security." Homeland security is a complex issue, and the ...


Transdisciplinary Conflict Of Laws Foreword: Cavers's Double Legacy, Karen Knop, Ralf Michaels, Annelise Riles Dec 2014

Transdisciplinary Conflict Of Laws Foreword: Cavers's Double Legacy, Karen Knop, Ralf Michaels, Annelise Riles

Annelise Riles

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Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana Dec 2014

Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana

Aziz Rana

No abstract provided.


The International Regulation Of Climate Engineering: Lessons From Nuclear Power, Jesse Reynolds Jun 2014

The International Regulation Of Climate Engineering: Lessons From Nuclear Power, Jesse Reynolds

Jesse Reynolds

Proposals for climate engineering—intentional large-scale interventions in climate systems—are increasingly under consideration as potential additional responses to climate change, yet they pose risks of their own. Existing international regulation of large-scale field testing and deployment is considered inadequate. This article looks to the closest existing analogy—nuclear power—for lessons, and concludes that climate engineering research will most likely be promoted and will not be the subject of a binding multilateral agreement in the near future. Instead, climate engineering and its research will probably be internationally regulated gradually, with an initially low degree of legalisation, and through a ...


The Paradoxes Of National Self-Determination, Brian Slattery Feb 2014

The Paradoxes Of National Self-Determination, Brian Slattery

Brian Slattery

Some have argued that the right of national self-determination gives every national group the power to decide for itself whether to remain part of an existing state or to secede unilaterally and form its own state. Such a theory underpins the claim that Quebec is entitled to decide on its own whether or not to leave Canada. This paper examines the main philosophical arguments for the theory and finds them one-dimensional and inadequate; they fail to take account of the full range of complex issues arising in actual cases of proposed secession. If the right of national self-determination is understood ...


Aboriginal Sovereignty And Imperial Claims, Brian Slattery Feb 2014

Aboriginal Sovereignty And Imperial Claims, Brian Slattery

Brian Slattery

It is commonly assumed that indigenous American nations had neither sovereignty in international law nor title to their territories when Europeans first arrived; North America was legally vacant and European powers could gain title to it simply by discovery, symbolic acts, occupation, or treaties among themselves. It follows, on this view, that current indigenous claims to internal sovereignty or a "third order of government" have no historical basis. This paper argues that this viewpoint is misguided and cannot be justified either by reference to positive international law or basic principles of justice. The author's view is that indigenous American ...


The Prohibition On The Use Of Force For Arms Control: The Case Of Iran’S Nuclear Program, Mary Ellen O'Connell, Reyam El Molla Jan 2014

The Prohibition On The Use Of Force For Arms Control: The Case Of Iran’S Nuclear Program, Mary Ellen O'Connell, Reyam El Molla

Mary Ellen O'Connell

International law does not permit the use of military force against Iran to attempt to end its nuclear program. The resort to military force in international relations is covered first and foremost by Article 2(4) of the United Nations Charter. Article 2(4) is a general prohibition on resort to force that includes resort to military force for arms control, including nuclear weapons control. The Charter has two express but limited exceptions to the ban on military force. A state that is the victim of a significant armed attack may use force in necessary and proportional self-defense; the United ...


Proportionality, General Principles Of Law, And Investor-State Arbitration: A Response To Jose Alvarez, Alec Stone Sweet Dec 2013

Proportionality, General Principles Of Law, And Investor-State Arbitration: A Response To Jose Alvarez, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


The United Nations And The Magna Carta For Children, Winston E. Langley Dec 2013

The United Nations And The Magna Carta For Children, Winston E. Langley

Winston E. Langley

The impulse that invited the preparation of this book is one which is linked to the convergence of a number of factors bearing on my interest in human rights. First, the brutality visited on children during World War II has had an abiding negative effect on my sense of what is possible in human conduct. Second, I am persuaded that children are not simply the means by which human societies are continued, but, as well, the potential source of moral revitalization and transformation for those societies. Third, I recognize that the human rights movement, which followed World War II, holds ...


Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram Oct 2013

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

David Ingram

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual ...


Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram Oct 2013

Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram

David Ingram

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However ...


Does Political Islam Conflict With Secular Democracy? Philosophical Reflections On Religion And Politics, David Ingram Oct 2013

Does Political Islam Conflict With Secular Democracy? Philosophical Reflections On Religion And Politics, David Ingram

David Ingram

Abstract: This paper rebuts the thesis that political Islam conflicts with secular democracy. More precisely, it examines three sorts of claims that ostensibly support this thesis: (a) The Muslim religion is incompatible with secular democracy; (b) No Muslim country has instituted secular democracy; and (c) No movement seeking to advance its agenda as aggressively as political Islam does can do so with the degree of moderation required of a political party that is committed to secular democracy. Theologians, philosophers, and political scientists have debated (a) through (c) within the jurisdiction of their respective fields. I propose to combine these debates ...


“Onde Está A Felicidade?", Paulo Ferreira Da Cunha Apr 2013

“Onde Está A Felicidade?", Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Poderemos ser felizes? Passamos a maior parte do tempo a trabalhar, no emprego ou em casa, e em Portugal até dormimos cada vez menos. A aproximação à felicidade parece cada vez mais depender de como nos sentirmos no trabalho. E face à dura realidade, poderemos sonhar que todos sejam felizes no trabalho, ou tal será uma quimera?


“Onde Está A Felicidade?", Paulo Ferreira Da Cunha Apr 2013

“Onde Está A Felicidade?", Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Poderemos ser felizes? Passamos a maior parte do tempo a trabalhar, no emprego ou em casa, e em Portugal até dormimos cada vez menos. A aproximação à felicidade parece cada vez mais depender de como nos sentirmos no trabalho. E face à dura realidade, poderemos sonhar que todos sejam felizes no trabalho, ou tal será uma quimera?