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Geopolitics of the South China Sea: How Territory, Territoriality, and Sovereignty Reflect China's Ambitions

Description

The disputes in the South China Sea involve overlapping territorial claims from multiple nations and have grown increasingly contentious over the past decade. The area is rich in natural resources and is strategically significant regarding international trade and military capabilities. Due to the significance of the area, the competing claims…

The disputes in the South China Sea involve overlapping territorial claims from multiple nations and have grown increasingly contentious over the past decade. The area is rich in natural resources and is strategically significant regarding international trade and military capabilities. Due to the significance of the area, the competing claims have global ramifications and the conflict involves actors beyond the region. This paper examines the geopolitical factors involved in the disputes and how they shape states' actions in relation to the South China Sea. Specifically, this paper will show how China's actions in the South China Sea reflect both the geography of the region, and also its political ambitions in the region and international community. The states' claims contend the territory, territoriality, and sovereignty of islands in the South China Sea, and are based on both international law and historical evidence illustrated in the case between the Philippines and China in the Scarborough Shoal. It demonstrates China's tactics for managing competing claims, its increasing military capabilities, and the uncertainty of resolutions to the conflict. The mechanisms for the resolution of the territorial disputes in the South China Sea are shown to be largely ineffective given the differing basis of claims over the South China Sea states have. International institutions, such as United Nations tribunals, and other nations without direct claims in the South China Sea, such as the United States, have interests in the conflict related to the peaceful resolution of disputes between nations, while also influencing states' actions. This paper reviews the concepts of geopolitics and how China's strategy in the South China Sea reflects both critical and classical geopolitics and its objective of regional hegemony.

ContributorsKelly, Megan Jean (Author) / Sivak, Henry (Thesis director) / Lundry, Chris (Committee member) / School of Politics and Global Studies (Contributor) / Barrett, The Honors College (Contributor)

Created2016-12

Global Perspectives on Juvenile Justice: Implementing A Restorative Approach

Description

This thesis is the culmination of the Barrett Honors Intercontinental Study Award. For this scholarship, I created a comparative legal study of the approaches to juvenile justice in Norway, Germany, Malawi, and Japan, focusing on their compliance with international norms of restorative justice practices advanced by the United Nations (UN)…

This thesis is the culmination of the Barrett Honors Intercontinental Study Award. For this scholarship, I created a comparative legal study of the approaches to juvenile justice in Norway, Germany, Malawi, and Japan, focusing on their compliance with international norms of restorative justice practices advanced by the United Nations (UN) in the Convention on the Rights of the Child (CRC). Before commencing my comparative study, I traveled to Switzerland and Belgium to speak with restorative justice theorists at the UN and the International Juvenile Justice Observatory about the enduring relevancy of the CRC and international juvenile justice efforts. In the process, I examined how these international norms of restorative justice come to be incorporated in domestic legal systems. From this, I gained an understanding of the reasons some countries successfully adapt international norms while others struggle to uphold even the most basic human rights. My goal throughout this process has been to cull best practices for international norm creation and domestic norm implementation from this research, and further study how best to promote restorative juvenile justice in countries that do not meet international standards, beginning with the United States. For the purpose of this thesis, I will focus my analysis on Norway and Malawi.

ContributorsNicoletti, Brigitte (Author) / Herbert, Anne (Thesis director) / Durfee, Alesha (Committee member) / Barrett, The Honors College (Contributor)

Created2017-05

An analysis of how narcocorridos portray the political sociology of the Mexican Drug cartels in Mexican society

Description

Since the collapse of the Medellin Cartel in Colombia in 1993, the Mexican drug cartels have been increasing in strength and international presence. Along with the organization's political and economic involvement, a deeply rooted culture has been developing. Three distinct time periods define this culture: pre-Medellin Cartel collapse (1970s-1993), post-Medellin…

Since the collapse of the Medellin Cartel in Colombia in 1993, the Mexican drug cartels have been increasing in strength and international presence. Along with the organization's political and economic involvement, a deeply rooted culture has been developing. Three distinct time periods define this culture: pre-Medellin Cartel collapse (1970s-1993), post-Medellin Cartel Collapse (1993-2006) and post-President Calderon's Drug War announcement (2006-present day). More specifically, the history and fascination with the cartel is documented in songs, known as narcocorridos, which celebrate and support the drug cartels. The science of political sociology addresses the power relationship that exists between a state, its citizens, and the state's social groups. This study investigates the political sociology of each period, specifically how society viewed the cartel and their roles within the cartel. I argue that the narcocorridos accurately describe the evolution of narcoculture in Mexican society. This study consists of analyses of narcocorrido song lyrics, the political sociology of each time period, and finally, the societal perception of the drug cartel. First, I will evaluate the most popular songs' lyrics of the three defining time periods in the Mexican Drug Cartel history. Next, I will analyze the lyrics and determine whether or not they accurately reflect the political sociological features of the time period. Last, I will discuss what the societal perceptions of being associated with the cartel were during each time period. This study concludes by hypothesizing what the future of narcocorriodos will be. This prediction will demonstrate how the songs will continue to reflect the political sociology of the time period, including the societal attitudes towards the cartel.

ContributorsRichardson, Katherine Ann (Author) / Rothenberg, Daniel (Thesis director) / Canales, Carlos (Committee member) / School of Politics and Global Studies (Contributor) / Department of Psychology (Contributor) / Barrett, The Honors College (Contributor)

Created2016-05

International Water Rights: The Case of Palestine

Description

In 2021, Palestine will have been under official Israeli occupation for 54 years. As conflict persists between the two populations, it is becoming increasingly difficult to imagine a peaceful resolution. As international legal bodies have failed to bring an end to the occupation, the Israeli government continues to carry out…

In 2021, Palestine will have been under official Israeli occupation for 54 years. As conflict persists between the two populations, it is becoming increasingly difficult to imagine a peaceful resolution. As international legal bodies have failed to bring an end to the occupation, the Israeli government continues to carry out extensive violations of human rights against the Palestinians. One significant consequence of the occupation has been the Palestinians’ lack of access to safe and reliable water, a problem that is continuing to worsen as a result of climate change and years of over-utilization of shared, regional water resources. Since the occupation started, international organizations have not only affirmed the general human right to water but have overseen several peace agreements between Israel and Palestine that have included stipulations on water. Despite these measures, neither water access nor quality has improved and, over time, has worsened. This paper will look at why international law has failed to improve conditions for Palestinians and will outline the implications of the water crisis on a potential solution between Israel and Palestine.

ContributorsTimpany, Grace Louise (Author) / Haglund, LaDawn (Thesis director) / Rothenberg, Daniel (Committee member) / School of Politics and Global Studies (Contributor, Contributor, Contributor) / School of Sustainability (Contributor) / School of Social Transformation (Contributor) / Barrett, The Honors College (Contributor)

Created2021-05

Diving into the Depths of the Law of the Sea: Ocean Governance and the Deep Seabed

Description

This thesis investigates the scope of the Law of the Sea in terms of managing deep-sea mining, mediating territorial sea disputes, and supporting a system of international cooperation to facilitate stable ocean governance. The application of the Law of the Sea to international marine matters is best exemplified through the…

This thesis investigates the scope of the Law of the Sea in terms of managing deep-sea mining, mediating territorial sea disputes, and supporting a system of international cooperation to facilitate stable ocean governance. The application of the Law of the Sea to international marine matters is best exemplified through the United Nations Convention on the Law of the Sea (UNCLOS), a treaty that provides guidance and supervision over the ocean. UNCLOS will be the main legal framework for assessing the developments of deep-sea exploration for mineral extraction, overlapping territorial sea claims, and threats to ocean health. Analysis of past territorial claim disputes illustrates that claims arise from desires for ownership over plentiful natural resources located in disputed waters. This results in territorial sea disputes furthering the continuation of the supremacy of state sovereignty over international waters and disregarding how the ocean is an interconnected flowing element. The most transformative challenge facing the Law of the Sea is deep-sea mining, which threatens to disrupt entire marine ecosystems through invasive mining practices. I argue that by creating a polycentric mode of ocean governance, the health of the ocean (and the planet) will be preserved. At the end of the thesis, I will recommend that an interactive, transdisciplinary, participatory, and problem-solving model of governance combined with building on existing legal regimes is necessary to respond to the challenges raised in the Law of the Sea.

ContributorsSimper, Mlada (Author) / Bowman, Diana (Thesis director) / Comstock, Audrey (Committee member) / Barrett, The Honors College (Contributor) / Dean, W.P. Carey School of Business (Contributor) / School of International Letters and Cultures (Contributor)

Created2023-05

LGBT+ in Africa: Gay Rights Through the Lenses of Law and Colonialism

Description

The perception that homosexuality is an immoral affliction and an innovation from Western cultures is prevalent throughout Africa, specifically in six case countries: Togo, Nigeria, Senegal, Uganda, Zimbabwe, and Namibia. This thesis seeks to demonstrate that homophobia, not homosexuality, is the true Western import. Additionally, it will analyze the background…

The perception that homosexuality is an immoral affliction and an innovation from Western cultures is prevalent throughout Africa, specifically in six case countries: Togo, Nigeria, Senegal, Uganda, Zimbabwe, and Namibia. This thesis seeks to demonstrate that homophobia, not homosexuality, is the true Western import. Additionally, it will analyze the background and colonial histories of my six dossier countries, their current laws surrounding LGBT+ rights, the social and legal repercussions of being LGBT+, and the consequences of state-sponsored homophobia in terms of justice, international law, and the future of each country. Based on my research, all these case countries use colonial-era provisions, penal codes, and religious norms to discriminate against homosexuals, which operate under legally-mandated “morality,” a notion inherently subjective. Additionally, the most targeted groups are gay men and transgender people, while lesbians and bisexual women are rarely targeted and convicted compared to homosexual men. This is due to various social, legal, and religious factors regarding the high importance of patriarchy and masculinity. Ultimately, this thesis concludes that European colonization in Togo, Nigeria, Senegal, Uganda, Zimbabwe, and Namibia introduced new legal norms that persecuted pre-colonial practices of homosexuality under the guise of morality. Now, the repercussions are rampant and dangerous (especially for homosexual men and transgender people) and cannot be overcome without radical changes to local legal and social systems.

ContributorsZanon, Brooke (Author) / Joslin, Isaac (Thesis director) / Lennon, Tara (Committee member) / Barrett, The Honors College (Contributor) / School of International Letters and Cultures (Contributor) / School of Politics and Global Studies (Contributor)

Created2023-05

Asylum in the United States and the European Union: Legal and Systemic Challenges from a Decade of Deterrence Policy

Description

Over the past decade, the United States and the European Union have adopted major changes to asylum policy and enforcement, specifically the increase of deterrence policies contrary to international asylum norms. The goal of this has been to reduce the pull factors towards the US and EU. Deterrence policies have…

Over the past decade, the United States and the European Union have adopted major changes to asylum policy and enforcement, specifically the increase of deterrence policies contrary to international asylum norms. The goal of this has been to reduce the pull factors towards the US and EU. Deterrence policies have largely been characterized by two main strategies: (1) deterrence at the border through stricter regulations and detention policies, and (2) deterrence through the creation of formal buffer zone countries between the asylum seekers’ countries of origin and the ultimate country of destination. These policies have been instituted in response to the spike in Central American asylum seekers at the US/Mexico border and Syrian asylum seekers at the Greece/Turkey border at the entrance of the EU. This paper compares these two separate geographic areas––the US and EU––due to their roles in the development of international law, their roles in the development and management of these crises, and the similar increase of asylum seekers in 2014-15. This paper also details the severity of the conditions in the asylee-sending areas––Central America and Syria––which are major “push factors” driving the crises. Finally, this paper explores the novel use of Mexico and Turkey as formal buffer zones by the United Staes and the European Union, respectively. The increase of deterrence policies culminating in the creation of formal buffer zones countries violates key principles of international asylum law, namely non-refoulement. These buffer zones must be redesigned proactively to better suit the realities of asylum in the 21st century.

ContributorsDooling, Maria Hana (Author) / Sivak, Henry (Thesis director) / Calleros, Charles (Committee member) / School of Molecular Sciences (Contributor) / School of Politics and Global Studies (Contributor, Contributor) / Barrett, The Honors College (Contributor)

Created2019-05

Close as Lips and Teeth: How China Refuses Obligations to North Korean Refugees

Description

The North Korean refugee crisis is a long-standing political issue that has persisted since the Korean War, resulting in thousands of North Koreans fleeing each year. However, despite its persistent nature, both the Chinese government and the international community have failed to alleviate systematic migratory issues resulting from Chinese policy…

The North Korean refugee crisis is a long-standing political issue that has persisted since the Korean War, resulting in thousands of North Koreans fleeing each year. However, despite its persistent nature, both the Chinese government and the international community have failed to alleviate systematic migratory issues resulting from Chinese policy towards the refugees. This essay aims to analyze Chinese policy towards the North Korean refugee crisis, specifically through its categorization of North Koreans as “economic migrants” rather than refugees. After reviewing both the conditions within North Korea that cause refugee flight and the pathways of escape through China, the paper shows that China is violating multiple parts of international refugee law as set up by the 1951 Refugee Convention, such as issues of non-refoulement and discrimination. Additionally, I argue that North Koreans are refugees in the traditional definition and refugees sur place. Similarly, this paper discusses the historical and political reasoning for Chinese policy towards refugees in the context of its economic and security relationship with the North Korean state, as well as the implications of the relationships for North Korean refugees. From this, the resilient nature of the crisis is established, as well as the notable security obstacles that must be navigated and incorporated in any feasible solutions. Finally, this paper proposes possible solutions to the crisis, such as moving away from “defector” terminology, linking international policy to refugee outcomes, structuring refugee law around global burden-sharing rather than regional prioritizations, and expanding the definition of refugee to more accurately reflect causes of displacement in Asia.

ContributorsDepp, Oren (Co-author, Co-author) / DeLargy, Pamela (Thesis director) / Suk, Mina (Committee member) / Historical, Philosophical & Religious Studies (Contributor) / School of Politics and Global Studies (Contributor) / Barrett, The Honors College (Contributor)

Created2020-05

Hate in America and Across the Pond: Analysis of Case Law and the Emerging Differences in Free Speech Rights across Two Western Societies

Description

Normally, the United States and most of Europe are grouped into the same category as “Western countries”, yet their ideological differences have become larger in the last 50 years, especially in regards to free speech/expression protections. This raises the possibility that extremely broad free speech/expression protections aren’t intrinsic values of…

Normally, the United States and most of Europe are grouped into the same category as “Western countries”, yet their ideological differences have become larger in the last 50 years, especially in regards to free speech/expression protections. This raises the possibility that extremely broad free speech/expression protections aren’t intrinsic values of a Western society, but are instead an American experiment that was gradually adopted by Western Europe. Analyzing historical documents from both Europe and the United States, this becomes much more of a probability than a possibility and would help explain the recent differences in case law regarding free speech rights in American and European jurisprudence. Furthermore, Europe is also experiencing a potential threat to social stability in the form of massive, sudden demographic shifts, something that America has not experienced on nearly the same scale. Due to the heightened sensitivity towards hateful expression resulting from such a demographic shift, governmental action in the form of restrictions on racially, religiously, and ethnically charged forms of expressions may be deemed necessary in order to preserve social cohesion. Often throughout history, governments have deemed it necessary to limit free expression/speech and the spread of information in order to prevent any threat to its ability to rule, regardless of whether or not said government is tyrannical or democratized. Although not a direct threat to power, in a representative democracy social unrest created by increased division in the populace rooted in the spread of hateful ideology is nonetheless still a threat to those who depend on social harmony in order to govern in a representative democracy. In analyzing these two possible reasons for emerging differences and considering supporting textual and historical evidence, it becomes much clearer as to what the differences in case law and fundamental beliefs regarding the extent of free speech protections are attributable to.

ContributorsMantz, Noah (Author) / Stanford, Michael (Thesis director) / Foy, Joseph (Committee member) / Department of Economics (Contributor) / Barrett, The Honors College (Contributor)

Created2019-05

Socio-legal Frameworks: An Anthropological Analysis of Sociocultural Influences on Proposed Arrangements for International Administration of the Arctic

Description

The legal infrastructures of nations are built on sociocultural attitudes regarding the function, purpose, appropriate sources, and means of conceptualizing law. The discipline of legal anthropology aims to study conceptions of law cross-culturally. This study aims to understand the systems of social attitudes toward law which serve in constructing the…

The legal infrastructures of nations are built on sociocultural attitudes regarding the function, purpose, appropriate sources, and means of conceptualizing law. The discipline of legal anthropology aims to study conceptions of law cross-culturally. This study aims to understand the systems of social attitudes toward law which serve in constructing the socio-legal frameworks on which legal traditions and the types of legal institutions they beget are based. This examination is made through a case study of the ongoing formation of intergovernmental administrative infrastructure in the Arctic, through the lenses of three of its most influential stakeholders. By analyzing the actions of the governments of Canada, the United States, and the Russian Federation in regards to ratification of multilateral administrative instruments, such as the United Nations Convention on the Law of the Sea, rationales surrounding the implementation of a bilateral treaty to ameliorate Arctic disputes, as well as other tactics used to resolve said disputes, this study hopes to understand how sociocultural attitudes drive the formation of legal institutions. Analysis of the sociocultural attitudes which inform domestic and intergovernmental legal institutions will be done through historical examination of the legal traditions that underpin the standing legal institutions of each of these three states. This examination has demonstrated that Canada and the United States, which are members of the common law legal tradition, that prioritizes use of established precedent in legal decision making, appear more reticent to ratify measures of international law in the Arctic, which do not have substantial precedent. Meanwhile, the Russian Federation, which is rooted in the civil law tradition, which primarily utilizes direct application of legislative enactments and legal scholarship as its means of determining legal action, has ratified and implemented measures on the solely principles of international law in the Arctic more readily.

ContributorsLivingston, Noah Shawn (Author) / Bowman, Diana (Thesis director) / York, Abigail (Committee member) / School of Human Evolution & Social Change (Contributor) / School of International Letters and Cultures (Contributor) / Barrett, The Honors College (Contributor)

Created2019-05

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